HomeMy WebLinkAboutCC Legislation (Version 2)File Number: 06-00415mm
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A
PREVIOUSLY APPROVED MAJOR USE SPECIAL PERMIT PURSUANT TO
ARTICLES 13,17 AND 22 OF ZONING ORDINANCE NO. 11000, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE
VILLAGE CARVER PROJECT, TO BE LOCATED AT APPROXIMATELY 401
NORTHWEST 71 ST STREET, A/K/A 485 NORTHWEST 71 ST STREET, MIAMI,
FLORIDA, TO MODIFY RESOLUTION NO. 08-0458, ADOPTED JULY 24, 2008, AS
FOLLOWS: 1) TO INCREASE THE TOTAL NUMBER OF UNITS OF THE UNIFIED
MULTIFAMILY -RESIDENTIAL DEVELOPMENT FROM 309 TO 310 UNITS; 2) TO
INCREASE THE TOTAL NUMBER OF PROVIDED OFF-STREET PARKING
SPACES FROM 391 TO 443 SPACES (386 WITHIN A PARKING GARAGE
STRUCTURE AND 57 SPACES ON A SURFACE PARKING LOT); AND 3) TO
RELOCATE THE FOOTPRINT OF ALL PHASES (I, II AND III) MORE THAN 10
FEET IN A HORIZONTAL DIRECTION DUE TO HISTORIC PRESERVATION SITE
REQUIREMENTS; PROVIDING FOR CERTAIN FLOOR AREA RATIO; 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 October 5, 2009, Lucia Dougherty, Esq. on behalf of 401 NW LLC, Village
Carver Phase I, LLC, Village Carver Phase II, LLC, and Village Carver Phase III, LLC as
applicant/developer and YMCA of Greater Miami, Inc., as owner (referred to as "APPLICANT"),
submitted a complete application for a Substantial Amendment to Major Use Special Permit ("MUSP")
for the Village Carver approved MUSP pursuant to Resolution No. 08-0458, adopted July 24, 2008
(referred to as "PROJECT"), pursuant to Articles 13, 17 and 22 of Zoning Ordinance No. 11000, the
Zoning Ordinance of the City of Miami, Florida, as amended ("Zoning Ordinance"), for the properties
located at approximately 401 Northwest 71st Street, Miami, Florida, more particularly described in
Exhibit "A", attached and incorporated; and
WHEREAS, the PROJECT originally approved was under construction with permit number
B085007344; and
WHEREAS, during the Phase I construction process of the PROJECT, a burial ground related
to the old Lemon City Cemetery was discovered in April, 2009 requiring a revised footprint for the
PROJECT; and
WHEREAS, development of the Project requires the issuance of a Major Modification to a
MUSP pursuant to Articles 13, 17 and 22 of the Zoning Ordinance; and
WHEREAS, the Miami Zoning Board, at its meeting on November 9, 2009, Item No. ZA,
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Resolution
File Number: 06-00415mm
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A
PREVIOUSLY APPROVED MAJOR USE SPECIAL PERMIT PURSUANT TO
ARTICLES 13,17 AND 22 OF ZONING ORDINANCE NO. 11000, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE
VILLAGE CARVER PROJECT, TO BE LOCATED AT APPROXIMATELY 401
NORTHWEST 71 ST STREET, A/K/A 485 NORTHWEST 71 ST STREET, MIAMI,
FLORIDA, TO MODIFY RESOLUTION NO. 08-0458, ADOPTED JULY 24, 2008, AS
FOLLOWS: 1) TO INCREASE THE TOTAL NUMBER OF UNITS OF THE UNIFIED
MULTIFAMILY -RESIDENTIAL DEVELOPMENT FROM 309 TO 310 UNITS; 2) TO
INCREASE THE TOTAL NUMBER OF PROVIDED OFF-STREET PARKING
SPACES FROM 391 TO 443 SPACES (386 WITHIN A PARKING GARAGE
STRUCTURE AND 57 SPACES ON A SURFACE PARKING LOT); AND 3) TO
RELOCATE THE FOOTPRINT OF ALL PHASES (I, II AND III) MORE THAN 10
FEET IN A HORIZONTAL DIRECTION DUE TO HISTORIC PRESERVATION SITE
REQUIREMENTS; PROVIDING FOR CERTAIN FLOOR AREA RATIO; 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 October 5, 2009, Lucia Dougherty, Esq. on behalf of 401 NW LLC, Village
Carver Phase I, LLC, Village Carver Phase II, LLC, and Village Carver Phase III, LLC as
applicant/developer and YMCA of Greater Miami, Inc., as owner (referred to as "APPLICANT"),
submitted a complete application for a Substantial Amendment to Major Use Special Permit ("MUSP")
for the Village Carver approved MUSP pursuant to Resolution No. 08-0458, adopted July 24, 2008
(referred to as "PROJECT"), pursuant to Articles 13, 17 and 22 of Zoning Ordinance No. 11000, the
Zoning Ordinance of the City of Miami, Florida, as amended ("Zoning Ordinance"), for the properties
located at approximately 401 Northwest 71st Street, Miami, Florida, more particularly described in
Exhibit "A", attached and incorporated; and
WHEREAS, the PROJECT originally approved was under construction with permit number
B085007344; and
WHEREAS, during the Phase I construction process of the PROJECT, a burial ground related
to the old Lemon City Cemetery was discovered in April, 2009 requiring a revised footprint for the
PROJECT; and
WHEREAS, development of the Project requires the issuance of a Major Modification to a
MUSP pursuant to Articles 13, 17 and 22 of the Zoning Ordinance; and
WHEREAS, the Miami Zoning Board, at its meeting on November 9, 2009, Item No. ZA,
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File Number: 06-00415min
following an advertised public hearing, adopted Resolution No. ZB-R-09-0074 by a vote of seven to
zero (7-0) vote, recommended approval with conditions of Special Exceptions as set forth; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on November 18, 2009
Item No, P.1, following an advertised public hearing, adopted Resolution No. PAB-09-044 by a vote of
seven to zero (7-0), recommending approval with conditions the Substantial Modification to a MUSP
Development Order as hereinafter 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 MUSP 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 MUSP Development Order, incorporated within, is approved subject to the
conditions specified in the Development Order, per Articles 13, 17, and 22 of the Zoning Ordinance,
for the project to be developed by the Applicant, located at approximately 401 Northwest 71 Street,
Miami, Florida, more particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of three multifamily building
structures with a total of 310 units, approximately 259,559 square feet of floor area and 443 off street
parking spaces. The tallest of the three structures will have a maximum height of 113 feet, 8 inches
N.G.V.D at top of roof slab.
Section 4. The Substantial Modification to the MUSP 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-2 (Liberal Commercial) District zoning
classifications of the Zoning Ordinance.
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:
DESIGN REVIEW CRITERIA
I) Site and Urban Planning: Applicabilitv Compliance
(1) Respond to the physical contextual Yes Yes
environment taking into consideration
urban form and natural features;
(2) Siting should minimize the impact Yes Yes
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of automobile parking and driveways
on the pedestrian environment and
adjacent properties;
(3) Buildings on corner lots should N/A
be oriented to the corner and public
street fronts.
1_I) Architecture and Landscape Architecture: Applicability Compliance
(1) A project shall be designed to Yes Yes*
comply with all applicable landscape
ordinances;
(2) Respond to the neighborhood Yes Yes
context;
(3) Create a transition in bulk and Yes Yes
scale;
(4) Use architectural styles and details Yes Yes
(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.
III) Pedestrian Oriented Development: 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: Applicability Compliance
(1) Provide usable open space that Yes Yes*
allows for convenient and visible
pedestrian access from the public
sidewalk;
(2) Landscaping, including plant Yes Yes*
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material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
V) Vehicular Access and Parking:
(1) Design for pedestrian and
vehicular safety to minimize conflict
points;
(2) Minimize the number and width
of driveways and curb cuts;
(3) Parking adjacent to a street front
should be minimized and where
possible should be located behind
the building;
(4) Use surface parking areas as
district buffer.
Applicability Compliance
Yes Yes
Yes Yes
Yes Yes
N/A -
VI) Screening: Applicability Compliance
(1) Provide landscaping that screen Yes Yes
undesirable elements, such as
surface parking lots, and that
enhances space and architecture;
(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;
(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
Yes
Yes
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VII) Signage and Lightin.
(1) Design signage appropriate for
the scale and character of the project
and immediate neighborhood;
(2) Provide lighting as a design feature
to the building facade, on and around
landscape areas, special building or
site features, and/or signage;
(3) Orient outside lighting to minimize
glare to adjacent properties;
(4) Provide visible signage identifying
building addresses at the entrance(s)
as a functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
(1) Preserve existing vegetation and/or
geological features whenever possible.
IX) Modification of Nonconform!ties:
(1) for modifications of nonconforming
structures, no increase in the degree
of nonconformity shall be allowed;
(2) Modifications that conform to
current regulations shall be designed
to conform to the scale and context of
the nonconforming structure.
Applicability
N/A
N/A
N/A
N/A
Compliance
Applicability Compliance
N/A -
Applicability Compliance
N/A -
N/A
*Compliance is subject to conditions.
**Not applicable at this time, subject to review and approval.
d. Pursuant to Section 1305.3. of the Zoning Ordinance, the use and occupancy of the
proposed project have been found by the City Commission to adhere to other specific
consideration (s) set forth in the zoning ordinance, the Code of the City of Miami, Florida, as
amended ("City Code"), and other applicable regulation(s).
e. Pursuant to 1305.3.1. of the Zoning Ordinance, the adequacy of the manner in which
the proposed use will operate, given its specific location and proximity to less intense uses, has
been found by the City Commission to adhere to other specific consideration (s) set forth in the
zoning ordinance, the City Code and other applicable regulation(s), with particular consideration
given to protecting the residential areas from excessive noise, fumes, odors, commercial vehicle
intrusion, traffic conflicts, and the spillover effect of light.
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These findings have been made by the City Commission to approve this project with conditions.
f. The PROJECT is expected to cost approximately $ 141,179,540, and to employ approximately
132 workers during construction (FTE -Full Time Employees). The project will also result in the
creation of approximately 12 permanent new jobs (FTE) for building operations and will generate
approximately $ 671,310 annually in tax revenues to the City of Miami ("City") (2009 dollars).
g. 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 MUSP;
(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, and shoreline development will be
mitigated through compliance with the conditions of this Substantial Modification to a MUSP.
Section 6. The Substantial Modification to a MUSP, as approved and amended, shall be binding
upon the APPLICANT and any successors in interest.
Section 7. The application for Substantial Modification to a MUSP, which was submitted on
October 5, 2009, and on file with the City's Planning Department, 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 a MUSP 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 MUSP, as approved,
shall commence and become operative thirty (30) days after the adoption of the Resolution.
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Section 13, This Substantial Modification to a 'MUSP, 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 13, 17 and 22 of the Zoning Ordinance, the City
Commission has considered in a public hearing, the issuance of a Substantial Modification to a MUSP
for Village Carver (hereinafter referred to as the "PROJECT") to be located at approximately 401
Northwest 71St 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 MUSP and issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a Multifamily Residential project to be located at approximately 401
Northwest 71st Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately
7.80± acres and a net lot area of approximately 6.65± 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 Multifamily Residential project comprised of five (5) separate building
structures with 310 units, approximately 259,559 square feet of floor area and 443 off street parking
spaces. The tallest of the three structures will have a maximum height of 113 feet, 8 inches N.G.V.D at
top of roof slab.
The Substantial Modification to a MUSP encompasses the following Special Permits and Requests:
SPECIAL EXCEPTION, as per Article 4, Section 401, under Conditional Principal Uses of C-2 Liberal
Commercial, to allow the construction of Multifamily Residential Structures of a density equal to R-3 or
higher, R-4 in this case; subject to all applicable criteria;
SPECIAL EXCEPTION, as per Article 9, Section 917.8, to allow deferral of total required parking
improvements for Phase I currently under construction with Building Permit No 6085007344; subject to
all applicable criteria;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908.2, to allow driveway width greater than
25 feet.
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CLASS II SPECIAL PERMIT, as per Article 15, Sect. 1512, to allow a waiver of City Parking Guides
and Standards requirement of one (1) additional foot of parking stall dimension abutting columns or
any other obstructions. The minimum stall width dimension of 8'-6" will be measured from the face of
the column to the center line of the stall stripping lines;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927, to allow temporary structures,
occupancies, and uses reasonably necessary for construction such as construction fences, covered
walkways, etc. If anything encroaches public property, the encroachment must be approved by other
City departments;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, 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 916.2.1, to allow parking for temporary special
event such as groundbreaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, to allow temporary off-street offsite parking, for
construction crews working on a residential project under construction, within R-4 or more permissive
zoning district;
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 10.5.4.4, C-2 Liberal Commercial,
Temporary Signs, to allow temporary development signs;
REQUEST as per Article 25, Section 2502 Definitions, to be qualified as a phased project by the
Director of the Planning Department as established in Article 17, Section 1701 (11).
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 that the following conditions be required at the time of issuance of aShell 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;
- 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 13, 17, and 22 of Zoning Ordinance 11000, approval of the requested
Substantial Modification to a MUSP 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 Corwil Architects, Inc., signed and dated September 29, 2009. The design may be
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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 proposed C-2 (Liberal Commercial) zoning
classification, as contained in the Zoning Ordinance. 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 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. 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) Record 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
Substantial Modification to a 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 Substantial Modification to a MUSP.
8) In so far as this Substantial Modification to a MUSP 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.
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 meet the following conditions: (a) Expand the sidewalk areas at building entrances to allow for
direct access from the public sidewalk to the entrance and to provide space for public gathering, (b)
Consider a grass -pave or other permeable pavement system for the loading area in phase 1 to better
integrate the facility with the surrounding green space, (c) The pedestrian sidewalk shall remain at a
consistent height throughout. Vehicles shall rise to the sidewalk level with ramping beginning at the
outer edge of the curb, with the ramp slope being the maximum allowed by Public Works, (d) Provide
a material sample or photograph of the material proposed to screen the parking garage openings. It is
essential that all views of cars, lights, and mechanical equipment are screened from all street fronts
and neighboring properties, (e) Provide additional Elevations of the courtyard areas for the
committee's review, (f) Screen the top level of the parking garage with landscaping or an architectural
treatment, (g) Consider providing a covered path from the residential tower to the parking garage to
provide refuge for residents during inclement weather, and (h) Submit a landscape plan that specifies
the species and proposed locations of all plant materials. All this conditions must be reviewed and
approved by the Planning Director prior to the issuance of any building permit, (i) Final plans shall
comply with Fire Department's request for the access of the fire apparatus at the building currently
under construction and it shall be designed in accordance with submitted sheet A-1.1, dated 10/01/09
and reviewed and approved by the Fire Department on 10/05/09.
11) 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,and
complies with local land development regulations, pursuant to Section 1703 of the Zoning Ordinance:
(1) the PROJECT will have a favorable impact on the economy of the City; and
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(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
the Substantial Modification to the MUSP.
The proposed development does not unreasonably interfere with the achievement of the
objectives of the adopted State Land Development Plan applicable to the City.
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
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 override of the veto by the City Commission.
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