HomeMy WebLinkAboutI.I. Prior Approved Resolution. _ � iru» rriu ruai rirn �ri�i �u�i �rru r�ii nri
CFH 2007RO649275 OR SK 25741 Pas 1332 - 1345; (14aasY.
RECORDED 06/28/2007 15.4008
N 91� UVINr,CLERK OF COURTt MIAMI-OADE C � FLORIDA
4 City ® 111lam1 3500 Pan American Drive
` l
Miami, FL 33133
�`; o,"•^i !'" ,; Certified Copy
www.miemigov:com
w.c
Fite Numbs er: 06-01242mu
Enactment Number; R-0"735
A RESOLUTIQN OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR. USE SPECIAL PERMIT
PURSUANT T
ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE N0,
11000, AS AM
LADED, FOR THE CIVICA TOWERS PROJECT, TO BE LOCATED
AT APPRI
OXNSTRUCT
TELY 1050 NORTHWEST 14TH STREET, MIAMI, FLORIDA, TO
CO
IV APPROXIMATE 280 -FOOT, 25 -STORY HIGH MIXED-USE
DEVELOPME
T TO BE COMPRISED OF APPROXIMATELY 390,827 SQUARE
FEET OF OFF
CE SPACE; APPROXIMATELY 14,655 SQUARE FEET OF
RETAIL SPAC
; APPROXIMATELY 430 HOTEL ROOMS; AND
-APPROXIMAT
LY 837 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN
FLOOR AREA
RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING
I=INDINGS OF
ACT AND STATING CONCLUSIONS OF LAW;. PROVIDING FOR
BINDING EFF
CT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE
DATE.
WHEREAS, on ,lune'', 2006, Javier F. Avino, Esquire, on behaO of Miami Hotel Investments,
Ltd. (referred to as "APP LICAN•T" ), submitted a complete Application for Major Use Special Permit for
Civrica� towers (referredb as "PROJECT") pursuant to Articles 6, 9, 13 and 17 of Zoning Ordinance
No. 11000, for the prope ies located at approximately 1050 NW 14th Street, Miami, Florida, as legally
described in "Exhibit A", Ittached and incorporated; and
WHEREAS, .developMent of the Project requires the issuance of a Major Use Special Permit
puy-want to Article 17 o11 Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on May 17, 2D06 to consider the
proposed. project and offe4, its input; and
WHEREAS, .the Urb n Development Review Board :met on June 21; 2006, to consider the
proposed project and remmended APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on October 18, 2006 Item No.
2, follovdng an advertised public hearing, adopted Resolution No. PAB 06-087 by a vote of seven to
zero (7-0), rec6mmendin6 APPROVAL with conditions as presented in the Major Use Special Permit
Development Order as attlached and incorporated; 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 SY .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.
City of Miami - Page I of12 R-06-0735
Book25741 /Pagel 332 CFN#20070649275 Page 1 of 14
File Number: 616-01242mu Enactment Number- R4)64735
Section 2, A Major Use Special Permit Development Order, incorporated within, is approved
subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No.
11000, for the project th be developed by the Applicant, located 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 an approximate 280 -foot, 25 -story
high mixed use structu to be comprised of approximately 390,827 square feet of office space;
approximately 14,655 to
feet of retail space; approximately 430 hotel rooms; and approximately
837 total 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 Peimits 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. Tile PROJECT Is in conformity with the adopted Miami Comprehensive Neighborhood Plan,
as amended.
b. The PROJECT 1s In accord with the proposed G/I (Government and Institutional) w/ SD -10
(Jackson Memorial Hospital Medical Center Overlay and SD -19 Designated F.A.R. Overlay District,
F: A.R.. of 3.2). zoning cla ification of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of
Miami,. Florida, as amen 'd.
c. Pursuant to S coon 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT that have bee�'r found by the City Commission (based upon facts and reports prepared or
submitted by staff or.otf> ) to adhere to the following Design Review Criteria subject to the any
applicable conditions in tt��{•e Development Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
IZSite and Urban Planninq:
(1) Respond to the physical Yes. *Yes.
contextual environment talking
intoconsideration urban farm
and natural features;
(2) Siting should minimize:the Yes. *Yes.
impact of automobile parking
and driveways.on the pedestrian
environment and adjacent -
properties; .
(3) Buildings on comer lots. Yes. *Yes.
should be oriented to the dourer
and public street fronts.
itectur�e and Landscape Ar�,hitecture:
(1) A project shall be designed Yes. ',Yes,
to comply with all applicable
landescapa ordinances;
(2) Respond to the neighborhood Yes. *Yes,
CW of Mimne _ a Page 2 of 12 R-06-0735
Pook25741/Pagel333 GFN#20070649275 Page.2 of 14
File Number: 06-01242mu Enactment Number: R -W0735
context;
(3) Croate a transition in bulk Yes. *Yes.
and scale;
(4) Use architectural styles Yes. *Yes.
and details (such as roof lines
and fenestration), colors and
materials derivative from
surrounding area;
(5) Articulate the building facade Yes. *Yes.
vertically and horizontally in
intervals that conform to the
existing structures in the :vicinity.
les ijari Oriented I evel=§nt;
(1) Promote pedestrian Yes. *Yes.
interaction;
(2) Design facades that Yes. *Yes.
respond primarily to the
human scale;
(3) Provide active, not blank Yes. *Yes.
facados.. Where blank walls
are unavoidable, they should
receive design treatment.
:etsca ep and Open Space:
(1) Provide usable open space Yes. *Yes.
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2) Landscaping, indudi q plant Yes. *Yes.
material, trellises, special
pavements, screen walls, Planters
and similar features should be
appropriately incorporated to
enhance the project.
icular Access and Parkinn:
(1) Design for pedestrian Ond Yes. *Yes.
vehicular safety to minimize
conflict paints;
(2) Minimize the number and Yes. .*Yes.
width of driveways and curb
cuts;
(3) Parking adjacent to a strut Yes. *Yes.
front :should be minimized and
where possible should to
Ciry of Miantr Page 3 of 12 _ — R-06-0735
Book25741 /Pa�e1334 CFN#20070649275 Page 3 0f 14
File Number: 0ta-01242mu Enactment Number: R-OW35
located behind the building;
(4) Use: surface parking 'areas Yes. *Yes.
as district buffer.
eenbn L
(1) Provide landscaping that Yes.
screen undesirable elements,
such as surface parking. iota,
and that enhances spaca and
architecture;
(2) Building sites should locate Yes.
service elements like trash
dumpster, loading docks,; and
mechanical equipment aylay
from street.front where passible.
When elements such as
dumpsters, utility meters,
mechanical units and segice
areas cannot be located away
from the street front they phould
be situated and screened,fl•om
view to stmet and adjacent
properties;
(3) Screen parking garage Yes.
,structure=s with program upes,
Where program. uses are 'not
feasible soften the garage
structure with .trellises,,
landscaping, gind/or.other
suitable design element.
Moe ;Lnd Lighting_
(1) Desigh'signage appropriate Yes.
for the scale and character of.
the project and immediate
neighborhood;
(2) Provide lighting as a delsign Yes,
feature; to the building facade,
on and around landscape
areas, special building or
site features, and/ousignage;
(3) Orient outside lighting to: Yes.
minimize glare: to adjacent
properties;
(4) Provide: visible signage Yes.
identifying building addresses
at the entranc+e(s) as a
`Yes,
*Yes.
*Yes.
*Yes.
*Yes.
*Yens.
:*Yes.
City of "Jami — Page 4 of 12 R-06-0735
Book25741/Pagel335 CFN#20070649275 Page 4 of 14
File Nuniber, 46-01242mu , Enactment Number: R-06-0735
functional and aesthetic
consideration.
eservation of Natural Features:
(1) Preserve existing vegetation
and/or geological features
whenever possible,
1ifilcation of Nonconformities:
(1) For modifications of
nonconforming structure,
no increase in the degree of
nonconfon-nity shall be
allowed;
(2). Mc4ifications that. conform
to current. regulations shall be
designed to conform to ttje scale
and context of the nonconforming
structure.,
Yes.
*Compliance is subject to conditions.
Yes.,
Yes.
*Yes.
*Yes.
*Yes,
These findings .have been made by the City Commission to approve this project with conditions.
d. The PROJECT is :expected to cost approximately $20g,222,103, and to employ approximately
386 workers during consthuotioh (FTE=Full Time Employees); The project will also result In the creation
of approximately 30 permanent new. jabs (FTE) for building operations and will generate approximately
$1,894,509 annually In ta$ 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 effeds of the PROJECT will be mitigated through compliance with
the conditions of this Majol- Use Special Permit;
(4) the PROJECT swill favorably affect the need for people to find adequate housing reasonabty
accessible to their places.0 employment;
,(5) the PROJECT yAll efficiently use necessary public facilities;
(6) the; PROJECT will not negatively impact the environment and natural resources of the City;
(7) the: PROJECT gill not adversely affect living conditions in the neighborhood;
(8) thFi PROJECT *411 not adversely affect public safety;
(9) based on the r�cord presented and evidence presented, the public welfare will. be served by
the PROJECT; and
(10) any potentigilly adverse effects of the PROJECT arising from safety and security, fire
protection and life safety, isolid waste, heritage conservation, trees, shoreline development, minority
participation and employr�ent, and minority contractor/subcontractor participation will he mitigated
through compliance with. the conditlons'of this Major Use Special, Permit.
Section 5. The Major Use Special Permit, as approved and amended, shall be binding upon
CUy —.0 71-11= Page 5 of 12 R-06-0735
IBook25741/Pagel336 CFN#20070649275 Page 5 of 14
laile Number: 06-01242mu Enactment Number: R-06-0735
the APPLICANT and ani successors in interest.
Seotion 7. Thea plication for Major Use Special Permit, which was submitted on June 9, 2006,
and on file with the Planing Department of the City of Miami, Flarida, 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 attadhment to the APPLICANT.
Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project
as described in the Devdiopment Order for the PROJECT, incorporated within.
Suction 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 invaf id, 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 1.2. The ptavisions approved for this Major Use Special Permit, as approved, shall
commence and become 6perative thirty (30) days after the adoption of the Resolution.
Section 13. This for Use Sgj� P rmit as aaaroved shall expire two (2 vPar� frnm Ltc ,
commeneement and opetative date,
Section 14. - This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. -(1}
DEVELOF'IVIENT ORDER
I~et it be known that pursuant to Articles 5, 9, 13 and 17 of Ordinance No. 11000, the
Ordinance of the City. of iami, Florida, as amended (the "Zoning Ordinance"), the Commission of the
Miami, Florida has cons i ered in a public hearing, the .issuance of a Major Use Special Permit for
Toweirs (hereinafter refe ,red to as the "PROJECT') to be located at approximately 1050 NW 14th
Miami, Florida (see legal description on "Exhibit A", attached and incorporated), is subject to any dedic
limitations, restrictions,.reseivations or easements of record.
After due consicieition of the recommendations of the Planning Advisory board and after due
consideration of the coni tency 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 MIWor 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 >treat, Miami, Florida. The PROJECT is located on a gross lot area of approximately 3.25:t acres
City O—f m xi Page 6 of /Z R-06-0735
Bool(257411Page1337 CFN#20070649275 Page 6 of 14
File Number. 06-01243mu Enactment Number: R-06-0735
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 PROJECTs Data Sheet is attached and
Incorporated as "Exhibit B".
The proposed PROJECT will be an approximate 280 -foot, 25 -story high mixed use structure to be
comprised of approximately 390,827 square feet of office space; approximately 14,655 square feet of
retail space; approximately 430 hotel rooms; and approximately 837 total parking spaces; providing for
certain floor area ratio (" EAR") bonuses.
The Major Use Special Permit Application for the PROJECT also encompasses the following lower
ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPEC4L PERMIT, as per ARTICLE 17, Section 1701. Definition (8) and ARTICLE 9,
Section 914, Sub-Seption 914.1 Dwelling unit, square footage, and off-street parking bonuses for
contribution to Affor iabie Housing Trust Fund; exceptions, to allow an increase up to twenty (25)
percent of additional floor area as a development bonus of approximately 113,688 sc+uare feet, t�
user shall make a non-refundable bonus developer contribution of an amount of $1,409,731.20 to
the Affordable HousiOg Trust Fund administered by the City of Miami;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (9) and ARTICLE 5,
Sent. 502. PUD dIs ricts; minimum area, maximum densities and maximum floor area ratios
permitted (a)(c), to a cw up to 20 % increase of floor area ratio, for an increase of approximately
90,9.54 square feet of. floor area;
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;
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 spaGas;
W�JOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition .(3), for hotels
involving in excess of 'three hundred fifty (350) rooms;
MAJOR USE SPECiN_ 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 offive hundred thousand
(500,000) square feetiof floor area;
This Major Use Special Permit encompasses the following Special Permits and requests:
CLASS 11 SPECIAL PERMITS
CLASS h 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 610.8. (3), Conditional principal and
auiess uses, to allow a restaurant open to the outside as a component of a mixed-use
development in SCO -10 -district;
City ojM anti Page 7 of 12 R-06-0735
Book25741 /Pagel 338 CFN#20070649275 Page 7.Of 14
File Plumbev: 0+6-01242mu Enactment Number: R-06-0735
CIL ASS 11 SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub -Section 908.2, Access, to allow
driveways of width grieater than 25 feet in this case a driveway width of 29 feet 6 inches;
CLASS I SPECIAL PERMITS
CLASS I SPECIAL OERMIT, as per ARTICLE 9, Section 927. Temporary structures, occupancies,
and uses during c'spnstruction, 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 1 SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub -Section 906.9. Temporary
special. events; specjai permits; criteria, to allow temporary carnival, festival, fair or similar type
event on privately owhed or City -owned land such as a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 816, Su"ection 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-Sectlon 918.2. _Temporary
off-street offsite park! Ing for construction crews, criteria, to allow temporary off-street offsite parking
for construction crews working on a commercial -residential project under construction;
CLASS I SPECIAL PFRMIT, as per ARTICLE 9, Section 920, Sub -Section 920.1.2. Limitations on
occupancy of mobiieihomes, to allow parking of .mobile homes, trailers or iranufactured 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 cenrters;
CLASS 1 SPECIAL .PERMIT, as per ARTICLE 10, Section 10.5, Sub -Section 10.5.4.2; G/I
Government and Insti}utional, 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 constru.ctlon ,,equipment exceeding the sound level of a reading of 0.79 weighted average
d8A at any time and/or dOy subject to the City Manager Exception pursuant to Section 3" (c) and all
the applicable -criteria;
.REQUEST for applicable MUSP conditions to be satisfied 'at the time of Shell Permit instead of at
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 propo►ty 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 5, 9, ,13 and 17 of Zoning Ordinance 11000; approval of the requested Major Use
Special P'e"it shay sufficient be considered suent 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
Clry of i9laral • <s Page 8 of 12 R-06-0735
Book25741 /Pagel 339 CFN#20070649275 Page 8 ®f 14
File Nu¢niber: 06-01242mu Enactment Number: R-06-0735
( file prepared by Borges & Associates, signed and dated June 25, 2006; the landscape plan shall be
implemented substantially in accordance with plans and design schematics on file prepared by Kimsey
Hom & Associates, sigt ed and dated June 6, 2006; 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 PROJE=CT conforms to the requirements of the proposed G/I (Government and Institutional) w/
SD -10 (Jackson Memori'al Hospital Medical Center Overlay and SD -19 Designated F.A.R. Overlay
District, F.A.R. of 3.2) Toning classification, as contained in the Zoning Ordinance, the Zoning
Ordinance of the City of iMiami, Florida, as amended. The proposed 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 applicible building codes, land development regulations, ordinances and other laws
and pay all applicable fees due prior to the issuance of a building permit including the required
Affordable Housing Trustfund contribution of $12,40 per square foot for any applicable FAR increase
sought under those provisions.
2) All the Miami Police Department to conduct a security survey, at the option of the
Department, and to made recommendations concerning security measures and systems; further
submit a reiport-to the Planning 'Department, 'prior to commencement of construction, demonstrating
how the Police DepartmOnt recommendations, If any, have been incorporated into the PROJECT
security and co. nstruction'plans, or demonstrate to the Planning Director why such recommendations.
are impractical.
3) Obtain approval from, or provide a leiter from the - Department of Fire -Rescue indicating
APPLICANTS coordinati¢n with members of the Fire Pian Review. Section at the Department of
Fire -Rescue In the revieW of the scope of the PROJECT, owner responsibility, buiilding development
process and review procedures, as well as speck 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 a0dressed all concerns of the said Department prior to the obtainment of a
shell pen -nit.
6) ,CoIrriply with the Minority Partici ation and Employment Plan a
for/Sut�coritract>sc_ParticioatlOn Plan) submitted to the Citv as oar#_o the Aapl'►cation_i�r
Development Approval, with the understanain ihaat -APP ICANT muILUU&ALLest efforts to follow
thovls s i e i s� inon omen Business Affairs and Procurement Program as a uide.
6) Record the folloyring 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
City of Miami Page 9 of /2 R-06-0733
P0or(2574I/Pagel 340 CFN#20070049275 Page 9 of 14
File Nuvaber: 0&01242mu Enactment Number: R-06-0735
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 d�velopment 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 cpnstruction parking plan, with an enforcement policy; a construction noise
management plan with ah enforcement policy; and a maintenance plan for the temporary construction
site; said plan shall be .ubject to the review and approval by the .Planning Department prior to the
issuance of any buildingpermits and shall be enforced during construction activity. All construction
activity shall remain in fu compliance with the provisions of the submitted construction plan; failure to
comply may lead to a sus nsion or revocation of this Major Use Special Permit.
9) In so far as thip Major Use Special Permit includes the subordinate approval of a series of
Class 1 Special Permits I for which specific details have not yet been developed or provided, the
applicant shallprovide th Planning Department with all *Subordinate Class I Special Permit plans and
detailed requirements fo final review and approval of each one prior to the issuance of any of the
subordinate approvals equired in order to carry out any of the requested activities and/or
improvements listed in thi development order or captioned in the plans approved by it.
10) If the pr 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 t at 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) Provide a more random patter of stucco panels along the south
elevation, in keeping with.the design spirtt of the building; (b) Garage lights shall not be visible through
the metal I.ouvier treatment; (c) Commercial messages shall not be used in the art images: along the
parking podium; (d) Provide additional details of the paver materials and colors to be used in the public
plazas and vehicular drop4-offs.
12) Pursuant to mments by the City of Miami Public Works Department, the following
conditions shall be requir t of the applicant: (a) Re lattin of the tract of land is r wired to close and
vacate the utility easeme ts; and the followi street im rovemen s sha r (b) NW 14th
reef" ep are a. amazed sidewalk curb and gutter adjacent to the project site. Mill and resurface
the entire Width, curb to durb, adj'acent.to the project site and the intersection of NW 14th Street and
NW 11 t Avenue.
13) Prior to the is-uance of a building permit, the applicant shall submit a letter of approval of
the proposed height front the Miami -Dade County Aviation Department. If no such approvalsare
granted, the height of that proposed project shall be reduced to those heights referenced in the letter
from Miami -Dade Aviation, to the Planning Department dated May 1, 2046.
14) A development bonus to permit a mixed use of 113,698 square feet of floor area shall
require a non-refundable'(Payment to the Affordable Housing Trust Fund of an amount of $12.40 per
square foot for a total of $;{,409,731.20.
16) Within 90 days of the effective date of this Development Order, record a certified copy of
City ojbframi Page l0 -Of I z R-06-0735
Book25741 /PaW 341 CFN#20070649275 Page 10 of 14
File Number: 06-01242mu Enactment Number: R-06-0735
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.
CONCLUSIOFLAW
ThROJECT, prop sed 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 us public transpotation facilities; and
(3)
the PROD
CT will favorably affect the need for people to find adequate housing
reasonabl
accessible to their places of employment; and
(d)
the PROJECT
will efficiently use necessary public facilities; and
(5)
the PROJ
CT will not negatively impact the environment and natural resources of the
City; and
(6)
the PROJE
CT will not adversely affect public safety; and
(7)
the public
ifare will be served by the PROJECT; and
(8)
any potent
ally adverse effects of the PROJECT will be mitigated through conditions of
this Major
Jse Special Permit.
The: proposed. develoqmeet does not unreasonably interfere with the achievement of the objectives
of the adopted State Land Development Plan applicable to the City of Miami.
Date: DECEMBER 114,206
Mover: CHAIR N C:ONZALEZ
Seconder:.COMM STONER FENCE -JONES
Vote: AYES: 51- COMMISSIONER GDNZALEZ, SARNOFF, SANCHEZ, REGALADO AND
SPENC -JONES
Action„ ADOPT5D
Date: DECEM SER 18, 2006
Action, SIGNEDIBY THE MAYOR
city of"isuni Page 11 of 12 R-06-073.5
C ook25741JPa0e1342 CFN#20070649275 Pace 11 ®f 14
File Dumber, 06-01242mu Enactment Dumber: R4)e-0735
I, Prisci'I!a A. Thompson, ity Cleric of the City of Miami, Florida, and keeper of the records thereof, do
hereby certify that this co stitutes a true and correct copy of Resolution No. R-06-0735, with
attachments, passed by he City Commission on 12/14/2006.
June 27, 2007
Deputy Clork (for P. A+. T olmpson, City Clark) Date Certified
{1} If the Maya r does noUign this Resolution, it shall become effective at the end of ten calendar days
from the date it was pass;d and adopted. If the Mayor vetoes this Resolution, it shall become effective
over
rid upon oved,of the veto by the City Commission.
City of Miami Page 12 of 12 R-06-0735
Book257411Page1343 CFN#20070649275 Page 12 of 14
BOOK 25741 PAGE 1,345
LAST PAGE
EXHIBIT "B"'
qm!�
a
Book25741/Pa;9 e1345 'CFN#20070649275 Page 14 of 14