HomeMy WebLinkAboutCC Legislation (Version 2)File Number: 06-01242mm
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A
MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13, 17, AND 22 OF
ZONING ORDINANCE NO, 11000, AS AMENDED, FOR THE CIVICA TOWER
PROJECT, TO BE LOCATED AT APPROXIMATELY 1050 NORTHWEST 14TH
STREET, MIAMI, FLORIDA, TO ALLOW THE FOLLOWING CHANGES TO THE
ORIGINAL APPLICATION: 1) TO INCREASE OFFICE SPACES FROM 390,827
SQUARE FEET TO 551,452 SQUARE FEET; 2) TO INCREASE THE RETAIL
SQUARE FOOTAGE FROM 14,655 SQUARE FEET TO 16,988 SQUARE FEET; 3)
TO REMOVE THE HOTEL/RESIDENTIAL COMPONENT; 4) TO INCREASE THE
PROPOSED HEIGHT FROM 290'-0" NGVD TO 299'-11" NGVD; AND 5) TO
INCREASE THE OFF-STREET PARKING FROM 873 TO 1,456 PARKING
SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES;
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 September 10, 2008, A. Vicky Garcia -Toledo, Esquire, on behalf of Miami
Hotel Investments, Ltd., Owner and Swerdlow Development Company, LLC, Contract Purchaser
(referred to as "APPLICANT"), submitted a complete Application for Substantial Modification to a
previously approved CIVICA TOWER Major Use Special Permit (06-001242mm) (referred to as
"PROJECT") pursuant to Articles 9, 13, 17, and 22 of Zoning Ordinance No. 11000, for the properties
located at approximately 1050 NW 14th Street, Miami, Florida, as legally described in "Exhibit A",
attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Substantial Modification to a
Major Use Special Permit pursuant to Articles 9, 13, 17, and 22 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 December 3, 2008, to consider
the proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on January 21, 2009, to consider the
proposed project and recommended approval; and
WHEREAS, the Miami Planning Advisory Board, at its meeting on April 15, 2009, following an
advertised public hearing, adopted Resolution No. PAB 09-015 by a vote of seven to zero (7-0), item
No. P.2, recommending approval with conditions of the Substantial Modification to a Major Use Special
Permit Development Order as set forth; 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 Substantial Modification to a Major Use Special Permit
City of Miami Page l of 12 Printed On: 5/5/2009
City of Miami
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Legislation
Resolution
File Number: 06-01242mm
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A
MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13, 17, AND 22 OF
ZONING ORDINANCE NO, 11000, AS AMENDED, FOR THE CIVICA TOWER
PROJECT, TO BE LOCATED AT APPROXIMATELY 1050 NORTHWEST 14TH
STREET, MIAMI, FLORIDA, TO ALLOW THE FOLLOWING CHANGES TO THE
ORIGINAL APPLICATION: 1) TO INCREASE OFFICE SPACES FROM 390,827
SQUARE FEET TO 551,452 SQUARE FEET; 2) TO INCREASE THE RETAIL
SQUARE FOOTAGE FROM 14,655 SQUARE FEET TO 16,988 SQUARE FEET; 3)
TO REMOVE THE HOTEL/RESIDENTIAL COMPONENT; 4) TO INCREASE THE
PROPOSED HEIGHT FROM 290'-0" NGVD TO 299'-11" NGVD; AND 5) TO
INCREASE THE OFF-STREET PARKING FROM 873 TO 1,456 PARKING
SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES;
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 September 10, 2008, A. Vicky Garcia -Toledo, Esquire, on behalf of Miami
Hotel Investments, Ltd., Owner and Swerdlow Development Company, LLC, Contract Purchaser
(referred to as "APPLICANT"), submitted a complete Application for Substantial Modification to a
previously approved CIVICA TOWER Major Use Special Permit (06-001242mm) (referred to as
"PROJECT") pursuant to Articles 9, 13, 17, and 22 of Zoning Ordinance No. 11000, for the properties
located at approximately 1050 NW 14th Street, Miami, Florida, as legally described in "Exhibit A",
attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Substantial Modification to a
Major Use Special Permit pursuant to Articles 9, 13, 17, and 22 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 December 3, 2008, to consider
the proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on January 21, 2009, to consider the
proposed project and recommended approval; and
WHEREAS, the Miami Planning Advisory Board, at its meeting on April 15, 2009, following an
advertised public hearing, adopted Resolution No. PAB 09-015 by a vote of seven to zero (7-0), item
No. P.2, recommending approval with conditions of the Substantial Modification to a Major Use Special
Permit Development Order as set forth; 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 Substantial Modification to a Major Use Special Permit
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File Number: 06-01242mm
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 Substantial Amendment to Major Use Special Permit Development Order,
incorporated within, is approved subject to the conditions specified in the Development Order, per
Articles 9, 13, 17, and 22 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the
APPLICANT, at approximately 1050 NW 14th Street, Miami, Florida, more particularly described on
"Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of a Mixed Use 21 Story
Building, with approximately 81,527 square feet of Office space (parking lines), approximately 466,985
square feet of General Office space, approximately 16,988 square feet of Retail floor area, and 2,940
square feet of Common Area at ground floor. The proposed project will provide 1,456 off-street
parking spaces. The 21 Story Building will have a maximum height of 299 feet 11 inches, A.G.L. (309
feet, 11 inches N.G.V.D.) at the top of the roof stair enclosures; 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 G/I (Government and Institution) with
an SD -10 (Jackson Memorial Hospital Medical Center Overlay District), and SD -19 (Designated F.A
R. Overlay District) zoning classification (s) 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 applicable conditions in the Development Order herein:
1) Site and Urban Planning:
Design Review Criteria Applicability Compliance
(1) Responds to the physical contextual Yes Yes
environment taking into consideration
urban form and natural features;
(2) Siting should minimize the impact Yes Yes
of automobile parking and driveways
on the pedestrian environment and
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adjacent properties;
(3) Buildings on corner lots should Yes Yes
be oriented to the corner and public
street fronts.
II) Architecture and Landscape Architecture:
Design Review Criteria Applicability Compliance
(1) A project shall be designed to Yes Yes
comply with all applicable landscape
ordinances;
(2) Respond to the neighborhood
context;
(3) Create a transition in bulk and
scale;
(4) Use architectural styles and details
(such as roof lines and fenestration),
colors and materials derivative from
surrounding area;
(5) Articulate the building facade
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
III) Pedestrian Oriented Development:
Yes Yes
Yes Yes
Yes Yes*
Yes Yes*
Design Review Criteria Applicability Compliance
(1) Promote pedestrian interaction; Yes Yes*
(2) Design facades that respond Yes Yes
primarily to the human scale;
(3) Provide active, not blank facades. Yes Yes
Where blank walls are unavoidable,
they should receive design treatment.
IV) Streetscape and Open Space:
Design Review Criteria Applicability Compliance
(1) Provide usable open space that Yes Yes
allows for convenient and visible
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pedestrian access from the public
sidewalk;
(2) Landscaping, including plant Yes Yes*
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
V) Vehicular Access and Parking:
Design Review Criteria Applicability Compliance
(1) Design for pedestrian and Yes Yes*
vehicular safety to minimize conflict
points;
(2) Minimize the number and width Yes Yes
of driveways and curb cuts;
(3) Parking adjacent to a street front Yes Yes
should be minimized and where
possible should be located behind
the building;
(4) Use surface parking areas as Yes Yes
district buffer.
VI) Screening:
Design Review Criteria Applicability Compliance
(1) Provide landscaping that screens Yes Yes*
undesirable elements, such as
surface parking lots, and that
enhances space and architecture;
(2) Building sites should locate
service elements like trash
dumpsters, 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
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(3) Screen parking garage structures Yes
with program uses. Where program
uses are not feasible, soften the garage
structure with trellises, landscaping,
and/or other suitable design element.
VII) Signage and Lighting:
Design Review Criteria Applicability
(1) Design signage appropriate for Yes
the scale and character of the project
and immediate neighborhood;
(2) Provide lighting as a design feature Yes
to the building facade, on and around
landscape areas, special building or
site features, and/or signage;
(3) Orient outside lighting to minimize Yes
glare to adjacent properties;
(4) Provide visible signage identifying Yes
building addresses at the entrance(s)
as a functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
Design Review Criteria Applicability
(1) Preserve existing vegetation and/or Yes
geological features whenever possible.
IX) Modification of Nonconformities:
Design Review Criteria Applicability
(1) For modifications of nonconforming Yes
structures, no increase in the degree
of nonconformity shall be allowed;
(2) Modifications that conform to Yes
current regulations shall be designed
to conform to the scale and context of
the nonconforming structure.
Yes
Compliance
N/A**
N/A**
N/A**
N/A**
Compliance
N/A
Compliance
N/A
N/A
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File Number.• 06-01242mm
*Compliance is subject to conditions.
**Not applicable at this time, subject to review and approval.
d. The PROJECT is expected to cost approximately $ 211,979,905 and to employ
approximately 376 workers during construction (FTE -Full Time Employees). The project will also
result in the creation of approximately 30 permanent new jobs (FTE) and will generate approximately
$ 1,654,118 annually in tax revenues to the City (2009 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 Substantial Modification to the Major Use Special Permit;
(4) the PROJECT will efficiently use necessary public facilities;
(5) the PROJECT will not negatively impact the environment and natural resources of
the City;
(6) the PROJECT will not adversely affect living conditions in the neighborhood;
(7) the PROJECT will not adversely affect public safety;
(8) based on the record presented and evidence presented, the public welfare will be
served by the PROJECT; and
(9) any potentially adverse effects of the PROJECT arising from safety and security,
fire protection and life safety, solid waste, heritage conservation, trees, shoreline development, etc.
will be mitigated through compliance with the conditions of this Substantial Modification to the 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 Substantial Modification of a Major Use Special Permit, which
was submitted on September 10, 2008, 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 Substantial Modification to 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 Substantial Modification to a Major Use
Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption
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of the Resolution.
Section 13. This Substantial Modification to a 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, 17, and 22 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
Substantial Modification to the Major Use Special Permit for CIVICA TOWER project (06-001242mm),
(hereinafter referred to as the "PROJECT") to be located at approximately 1050 NW 14th 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 Substantial Modification to a 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 1050 NW
14th Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 3.26± acres
and a net lot area of approximately 1.82± 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 a Mixed Use 21 Story Building with approximately 81,527
square feet of Office space (parking liner), approximately 466,985 square feet of General Office
space, approximately 16,988 square feet of Retail floor area, and 2,940 square feet of Common
Area at ground floor. The proposed project will provide 1,456 off-street parking spaces. The 21
Story Building will have a maximum height of 299 feet, 11 inches A.G.L. (309 feet, 11 inches
N.G.V.D.) at the top of the roof stair enclosures; providing for certain floor area ratio ("FAR")
bonuses.
The Substantial Modification to a Major Use Special Permit Application for the PROJECT
also encompasses the following lower ranking Special Permits:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701 Definition (8), and
ARTICLE 9, Sec. 914, Increased Development Bonus, to allow an increase of twenty-five (25) percent
additional floor area of approximately 113,688 square feet as development bonus. The user shall
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File Number: 06-01242mm
make a non-refundable developer contribution of $1,409,731.20 to the Affordable Housing Trust Fund
administered by the City of Miami;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (2), to allow a
non-residential development involving in excess of two hundred thousand (200,000) square feet of
floor area: 568,440 square feet in this case;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (7), for any
single use or combination of uses requiring or proposing to provide in excess of five hundred (500)
off-street parking spaces: 1465 parking spaces in this case;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 6, Section 610.5, Major Use Special Permits
in the SD -10 District (1), to allow a development involving in excess of five hundred thousand
(500,000) square feet of floor area: 568,440 square feet in this case;
The Major Use Special Permit encompasses the following Special Permits and the additional
Requests:
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 610.3.1, Class II Special Permit, to
allow erection of any new building in SD -10 district;
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 610.6.1, Class II Special Permit, to
allow medical uses, introduction of new medical uses and/or expansion of medical use in SD -10
district;
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 610.6.1, Class II Special Permit, to
allow retail and service uses including restaurants that are located within a mixed use development
open to the outside to serve the general public in SD -10 district;
CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512, to allow a waiver of City of
Miami Off-street Parking Guides & Standards for reduction of required backup distance in driveway
isles from 23 feet to 22 feet;
CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512, to allow a waiver of City of
Miami Off-street Parking Guides & Standards for the required additional foot, when a parking stall
abuts a column, wall or any other obstruction,
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 923.2.1, to allow reduction of loading
berths dimensions as follows;
Required Four (4) 12 feet wide x 35 feet long x 15 feet high
One (1) 12 feet wide x 55 feet long x 15 feet high
Proposed Four (4) 12 feet wide x 35 feet long x 15 feet high (by right)
One (1) 12 feet wide x 35 feet long x 15 feet high (by Class II)
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 922.4, to allow maneuvering of trucks
on public rights-of-way with referral to Public Works Director;
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File Number 06-01242=7
CLASS LI SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub -Section 908.2, Access, to
allow driveways of width greater than 25 feet, in this case a driveway width of 29 feet, 6 inches;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 927, to allow temporary structures,
occupancies, and uses reasonably necessary for construction, such as construction fences and
covered walkways. If construction is encroaching public property, it must be approved by other city
departments;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow a 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 916.2.1, to allow parking for a
temporary special event, such as ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-street
offsite parking for construction crews working on a commercial project under construction;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow 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 10.5.4.2, G/I
Government and Institutional, Temporary Signs, to allow temporary development signs;
REQUEST for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment
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 SUBSTANTIAL AMENDMENTS TO A MAJOR USE SPECIAL
PERMIT, that the following conditions be required at the time of issuance of Shell Permit, instead of at
issuance of the 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 9, 13, 17, and 22 of Zoning Ordinance No. 11000, approval of the
requested Substantial Modification to a 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 Siskind, Carlson & Partners, dated on August 25, 2008. The landscape
plan shall be implemented substantially in accordance with plans and design schematics on file
prepared by Urban Resource Group, Division of Kimley-Horn and Associates, dated on February 24,
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2009. 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.
The PROJECT conforms to the requirements of the current G/I (Government and Institution)
with SD -10 (Jackson Memorial Hospital Medical Center Overlay District) and SD -19 (Designated F.A
R. Overlay District) zoning classification, as contained in Zoning Ordinance 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended. The current comprehensive plan future land use
designation on the subject property is Major Institutional - Public Facilities - Transportation and
Utilities.
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 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 obtaining a
shell permit.
5) Record the following in the Public Records of Miami -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.
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 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
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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.
8) In so far as this Substantial Modification to a Major Use Special Permit includes the
subordinate approval of a series of Class I and II 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 and 11 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 Planning Director.
10) Pursuant to design related comments received by the Planning Director, the applicant shall
comply, prior to TCO issuance, with conditions of the sufficiency letter prepared by the City's Traffic
Consultant on Sufficiency Letter - Review #001 of December 31, 2008.
11) Pursuant to review by the City of Miami Public Works Department, the following street
improvements are required: at N.W. 14 Street- Replace all damaged sidewalk, curb and gutter
adjacent to the PROJECT site. Mil and resurface the entire width, curb to curb, adjacent to the
PROJECT site and the intersection of N.W.14 Street and N.W. 11 Avenue.
12) 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 the Permit 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, 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 efficiently use necessary public facilities; and
(4) the PROJECT will not negatively impact the environment and natural resources of the City;
and
(5) the PROJECT will not adversely affect public safety; and
(6) the public welfare will be served by the PROJECT; and
(7) any potentially adverse effects of the PROJECT will be mitigated through conditions of this
Major Use Special Permit.
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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.
APPROVED AS TO FORM AND CORRECTNESS:
JULIE 0. BR
CITY ATTORNEY
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
City of Miami Page 12 of 12 Printed On: 5/5/2009