HomeMy WebLinkAboutExhibit A SUBEXHIBIT "Ar;
ATTACHMENT TO
RESOLUTION NO.
MARQUIS
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant tnArticles 13 and 17 of Ordinance No. 11000. the Zoning
Ordinance of the City of yNianni. Florida, as amended (the "Zoning Ordinance"), the Commission
of the Qh/ of K4ianni. Florida, has ounoidanaU in a public haaring, the issuance of Major Use
Special Permit for the y0mnqmis (hereinafter referred to as the "PROJECT") to be located at
appnoninnmba|y 1100 Biscayne Boulevard, yNiann|. Florida (oaa legal description on ^EnhibitB''.
attached and incorporated), is subject to any dedications, |innibaUnns, nae1rictiono, nasen/mdnno
oreasements ufrecord.
After due consideration of the n000nnnnondaUonn of the Manning Advisory Board and
after due consideration of the consistency of this proposed dava|ppnnont with the Miami
Comprehensive Neighborhood Plan, the C|b/ CnnnnniooiVn has approved the PFl(]JEC}T, and
subject to the following conditions approves the Major Use Special Parnn\1 and issues this
FINDINGS OFFACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately
1100 Biscayne Bnu|evand, K8iom|, Florida. The PROJECT is located on o gross lot area of
approximately 3.23± acres and a net lot area of approximately 1.117± acres of land (more
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specifically described on"Exhibit B", incorporated herein by reference). The remainder of the
PR0JECT'aData Sheet ieattached and incorporated as"Exhibit C^.
The pnnponaU PROJECT will be comprised of m 679-foot. 63-story high mixed use
structure to be comprised of approximately 334 total units (306 residential units + 28 x 2 hotel
rooms) with nuonamdonm| amenities, approximately 5.765 square feet of retail spaco, and
approximately 525total parking spaces.
The Major Use Special Permit Application for the PROJECT also encompasses the
following lower ranking Special Permits:
MUGP. per Article 17, for development of306 residential units and 28 hotel rooms;
CLASS || SPECIAL PERK8|T, as per Article 4, Section 401. to a||ovv construction hunoo
and covered walkway;
CLASS || SPECIAL PERK8|T, as per Article O. Section 620. for development of new
construction within the 8O-6.1 Districts;
CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
CLASS || SPECIAL PEFlM|T, as per Article 4. Section 401 to allow for outdoor eating
areas and outdoor cafes;
CLASS || SPECIAL PERyW|T, as per Ad|n|m 9, Section 932.1 and 923.2. a request to
reduce one ofthe required five loading berths from 12x55totwo 1Ox2O;
CLASS || SPECIAL PERyN|T, an per Article 9. Section 908.2. for access from a public
street roadway with driveway greater than twenty five feet |nwidth;
construction trailer and watchman's quarters;
CLASS || SPECIAL PERK4|T, as per Article 9, Section 920.1. to allow o trailer(s) for
construction and other temporary offices such osleasing and sales;
CLASS || SPECIAL PEF<K4|T, as per Article 15. Section 1512, to request waiver ofCity
of Miami Parking Guides and Standards for reduction of the required extra (1) foot where
a aide of parking stall abuts a vva||;
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CLASS | SPECIAL PERM|T, as per Article S. Section 900.8' to allow for m special event
namely aground breaking ceremony;
CLASS | SPECIAL PERM)T, as per Article 9, Section 918.2. for parking and staging of
construction during construction;
CLASS | SPECIAL PERy0|T, as per Article 9, Section 825.3.8, to eUovv development
cunotmuct|nn/ranto|m)gnaga;
CLASS | SPECIAL PERM(T, as per Article S. 8noUon 920.1. to aUnvv e construction
trailer and watchman's quarters;
REQUEST for applicable MUSP conditions to be required at the time of shell permit instead of
at issuance of foundation permit;
a. The requirement to record in the Public Records o Declaration of Covenants and
Restrictions providing that the ownaroU|p, operation and maintenance of all cunmnnnn
areas and facilities will be by the property owner or m 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 13 and 17 of Zoning Ordinance 11000, approval of the requested MajorUse
Special Pwrnnd shall be considered sufficient for the subordinate permits requested and
referenced above as well as any other special approvals required by the C|h/ which may be
naqu|raU to carry out the requested plans.
The PROJECT shall be constructed substantially in accordance with plans and design
schematics on file prepared UyAnquiteotonioa. dated Novmnnber5. 2004; the landscape plan
shall be implemented substantially in accordance with plans and design schematics on file
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prepared by Urban Landscape, Inc., doted September 14. 2004; said design and landscape
plans may be permitted to be modified only to the extent necessary to comply with the
conditions for approval imposed herein; all modifications shall be subject to the nav(evv and
approval of the Director of the Department of Planning and Zoning prior to the issuance of any
building permits; and
The PROJECT conforms to the requirements of the proposed GO-O "Central Cumnnenja|
Residential" Zoning classifications, as contained in the Zoning Ordinance, the Zoning Ordinance
of the City of yWianni. Florida, as amended. The existing comprehensive plan future land use
designation onthe subject property allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY C)RSEVERALLY,
PRIOR TO THE ISSUANCE OF ANY BUILDING PERK4|TS, SMALL COMPLY WITH THE
FOLLOWING:
1Meet all applicable building codes, land development regulationa, nrd|mynoen and
other laws and pay all applicable fees due prior to the issuance of a building permit.
2. Allow the PNionni Police Department to conduct m security aun/ey, at the option of the
Department, and to make recommendations concerning security measures and
systems; further submit e report to the Department ofPlanning and Zoning, prior to
commencement of construntinn, demonstrating hmvv the Police Department
r000nnnmendobono, if any, have been incorporated into the PROJECT smouhh/ and
construction p|ans, or demonstrate to the Director nfthe Department of Planning and
Zoning why such recommendations are impractical.
3. Obtain approval fronn, or provide a letter from the Department of Fire -Rescue
indicating APPLICANT'S coordination with members of the Fire Plan Review Section
at the Oe*ertmentofFire-Rescue inthe review f1h
r
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responsibility, building Umva|oonnent process and review procodunae, as well as
specific requirements for fire protection and life safety systenns, axUng, vehicular
access and water supply.
4. Obtain approval from, or provide o letter ofassurance from the [)opadnlont of Solid
VVmote that the PROJECT has mddnsooeU all concerns of the said Department prior to
the obtainment ofo shell permit.
5. Comply with the Minority Participation and Employment Plan (including e
Contra ctnrY8uUcmntractor Participation Plan) submitted to the City as pert of the
Application for Development Approval, with the understanding that the APPLICANT
must use its best efforts to follow the provisions of the Qty's Minority/Women Business
Affairs and Procurement Program oaeguide.
Q. Record the following in the Public Records of OoUe County, Florida, prior to the
issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, o
Declaration of Covenants and Restrictions providing that the ovvnmrah)p, operation and
maintenance of all common onaeo and facilities will be by the property owner ora
mandatory property owner association /nperpetuity.
7. Prior to the |eouanoo of shell permit, provide the City with m recorded copy of the
MU8P permit resolution and development order, and further, on oxooutoU, recordable
unity of title or covenant in lieu of unity of title agreement for the subject property; said
agreement shall besubject tothe review and approval nf the City Adorney'aOffice.
B. Provide the Department of Planning and Zoning 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 o
rnoinhunanoo plan for the temporary construction site; said plan shall be subject to the
review and approval by the Department of Planning and Zoning prior to the issuance of
any building permits and shall be enforced during construction activity. All construction
activity sUo|| remain in full compliance with the provisions of the submitted construction
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plan; failure to comply may lead to a suspension or revocation of this Major Use
Special Permit.
S. In so far as this Major Use Special POnnK includes the subordinate approval of
series of Class | Special Permits for which specific U*teUa have not yet been
developed or provided, the applicant shall provide the Department of Planning and
Zoning with all subordinate Class / Special Permit plans and detailed requirements for
final oev(mvv and approval of each one prior to the issuance of any of the subordinate
approvals required in under to carry out any of the requested activities and/or
improvements listed inthis development order orcaptioned /nthe plans approved byit.
10. If the project is to be developed in phases, the Applicant shall submit an \n1er|nn p|en,
including a landscape p}on, which addresses design details for the land occupying
future phases of this Project in the event that the future phases are not deve|npod,
said plan shall include a proposed timetable and shall be subject to review and
approval by the Director of Planning and Zoning.
11. Pursuant to design related comments received by the Director of Planning and Zun(ng,
the applicant shall meet the following conditions: (e) Provide more window openings
into the building (if possible) by providing for an artistic treatment bu enhance the walls
through the use of decorative architectural materials, and/or use the area between the
building and the property line to create \arranes, p|onters, benches or other features
which create e transition between the building vvo/| and the pedestrian reo|nn,
particularly on the vvoat side; (b) The proposal involving the future alignment of
Biscayne Boulevard will need to be further evaluated and approved by FDOT and its
implementation may depend on the timing of the Biscayne Boulevard re -alignment
project; (o) Provide floor plan drawings which accurately indicate the location of all
dooro, vvindows, and masonry vvu||a, and provide line m|wvmbon drawings clearly
representing the materials of the building; and (d) Specific detail of the art screen
facades will be nequired, including proposed nnebaha|s. co|orn. illumination scheme,
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etc., given the prueota location on NE 11mStreet, at the entrance of the Citv's
Entertainment District.
12. Pursuant to the Traffic Impact Analysis Reviaw, the applicant is strongly encouraged to
continue working with the Cih/'a Traffic Consultant to resolve all outstanding Traffic
Analysis |aouos prior to being heard by the City Commission.
13, Within 90 days of the effective date of this Development C)rdar, record m certified copy
of the Development Order specifying that the Development [)n1or runs with the land
and |sbinding onthe Applicant, its successors, and assigns, jointlyurseverally.
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 tuappeal from the provisions ofthe Permit.
CONCLUSIONS OFLAW
The PROJECT, proposed bythe APPLICANT, complies with the Miami Comprehensive
Neighborhood P|an, as arnendeU, is consistent with the on1odv development and goals of the
City of K8iemi, and complies with |000| land development nnAu|ediona and further. pursuant to
Section 1703 of the Zoning Ordinance:
(1) the PROJECT will have afavorable impact onthe economy ofthe 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
naoaunab|y eocaseih\e 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 Cit "sn# ��U���U�����
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(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.
Pursuant to Section 1305 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT Le., ingress and egress, offstreet parking and loading, refuse and service areas,
signs and lighting, utilities, drainage and control of potentially adverse effects generally have
been considered and will be further considered administratively during the process of issuing
individual building permits and certificates of occupancy.
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL BACKUP. ORIGINAL CAN BE
SEEN AT END OF THIS DOCUMENT
Page A-8 of 8
EXHIBIT "A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
MARQUIS
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that p wantuantto Articles 13 and 17 of Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, FI. , as amended (the "Zoning Ordinance"), the Commission
of the City of Miami, Florida, has con 'ered in a public hearing, the issuance of a Major Use
Special Permit for the Marquis Project -reinafter referred to as the "PROJECT") to be
located at approximately 1100 Biscayne Boul d, Miami, Florida (see legal description on
"Exhibit B", attached and incorporated), is subject any dedications, limitations, restrictions,
reservations or easements of record.
After due consideration of the recommendations of e Planning Advisory Board and
after due consideration of the consistency of this proposed 'evelopment with the Miami
Comprehensive Neighborhood Plan, the City Commission has app ved the PROJECT, and
subject to the following conditions approves the Major Use Special it and issues this
Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately
1100 Biscayne Boulevard, Miami, Florida. The PROJECT is located on a gross lot area of
approximately 3.23± acres and a net lot area of approximately 1.117± acres of land (more
T,7
spec alty described on "Exhibit B", incorporated herein by reference). The remainder of the
PRO E 's Data Sheet is attached and incorporated as "Exhibit C".
The oposed PROJECT will be comprised of a 679-foot, 63-story high mixed use
structure to be prised of approximately 334 total units (310 residential units + 24 x 2 hotel
rooms) with recrea nal amenities, approximately 5,765 square feet of retail space, and
approximately 525 totalking spaces.
The Major Use Spec a ermit Application for the PROJECT also encompasses the
following lower ranking Special Pe
MUSP, per Article 17, for deve 'ment of 310 residential units and 24 hotel rooms;
CLASS II SPECIAL PERMIT, as p. Article 4, Section 401, to allow construction fence
and covered walkway;
CLASS II SPECIAL PERMIT, as per Arti 6, Section 620, for development of new
construction within the SD-6.1 Districts;
CLASS II SPECIAL PERMIT, as per Article 4, Sec 'n 401, for signage approval;
CLASS II SPECIAL PERMIT, as per Article 4, Secti. 401 to allow for outdoor eating
areas and outdoor cafes;
CLASS II SPECIAL PERMIT, as per Article 9, Section 922. and 923.2, a request to
reduce one of the required five loading berths from 12 x 55 to twa 0 x 20;
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, for a. ess from a public
street roadway with driveway greater than twenty five feet in width;
construction trailer and watchman's quarters;
CLASS II SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trai (s)
construction and other temporary offices such as leasing and sales;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver of Cit
of Miami Parking Guides and Standards for reduction of the required extra (1) foot
here a side of a parking stall abuts a wall;
C ,SS | SPECIAL PERM[T, as per Article S. GmoUon 906.9. to allow for a special avert
name aground breaking ceremony;
CLASS i "EC|/\L PERK8|T, as per Article 3, Section 918.2. for parking and staging of
construction w ring construction;
CLASS | SPECl- PERM(T, as per /\rtio|m 9. Section 925.3.8, to allow development
construction/rental si^ age;
CLASS / SPECIAL PEI /T, as per Article B. Section 920.1. to allow o construction
trailer and watchman's quart. s;
REQUEST for applicable N1USP conditions ^ be required at the time of shell permit instead of
at issuance of foundation permit;
a. The requirement to record in the Public Re' °rds a Declaration of Covenants and
Restrictions providing that the oxvnen*hip, opersd|' and maintenance of all cunnnnon
areas and facilities will be by the property owner , a mandatory property owner
association; and
b. The requirement to record in the Public Records a unity of title Ir covenant in lieu of
unity oftitle.
Pursuant hoArticles 13 and 17 of Zoning Ordinance 11000. approval of the requ;- Wad Major
Use Special Permit shall be considered sufficient for the subordinate permits reques -d and
nsfanancod above as well as any other special approvals required by the City which ma
required to carry out the requested plans.
The PROJECT shall be constructed substantially in accordance with plans and design
schemat on file prepared byArquitectonica'dated November 5'2004; the landscape plan
shall be imnw'rnenteyd substantially /n accordance with o|onn and design aohennetioo on file
prepared by U !:n Landscape, Inc., dated September 14. 2004; said design and landscape
plans may be pe '|tted to be modified only to the extent necessary to comply with the
conditions for mpprov- 'rnpooad herein; all modifications shall be subject to the review and
approval of the Director a Department of Planning and Zoning prior to the issuance of any
building permits; and
The PROJECT conform to the requirements of the proposed SD-0 "Central
Connmnancim| Residential" Zoning d- ificadons, an contained in the Zoning Ordinance, the
Zoning Ordinance of the City of Miami, ^ vhda, as amended. The existing comprehensive plan
future land use designation onthe subject p, w-rtyallows the proposed uses,
THE APPLICANT, ITS SUCCESSORS, A ~/OR ASSIGNS, JOINTLY OR
SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILD G PERMITS, SHALL COMPLY
WITH THE FOLLOWING:
1 Meet all applicable building codes, land development re` (ations' ordinances and
other laws and pay all applicable fees due priortothe issuance `fabuilding permit.
3. Allow the K8\ern} Police [)epodrne,t to conduct a security survey, -tthe option of the
Department, and to make recommendations concerning security eaoures and
systems; further submit a report to the Department ofPlanning andZo ' g' prior to
commencement of nonmtruct)on, demonstrating how the Police D-`artnment
naconlmnendadons, if any, have been incorporated into the PROJECT mecuh and
construction p/mnm, or demonstrate to the Director of the Department of Planning and
ngwhy such recommendations are impractical.
3 [}bta approval frunn. or provide e letter from the Department of Fire -Rescue
ind\coUn* ^PPL|CANT'S coordination with members of the Five Plan Review Section
at the Oapm ` ent of Fire -Rescue in the review of the scope of the F'ROJECT, owner
raoponsibUity, b^ding development process and review prooedupea, as well as
npaoifin requ)rernen for fine protection and life safety oysterna, exiting. vehicular
access and water supp
4. Obtain approval from, or p ',ide a letter ofassurance from the Department of Solid
Waste that the PROJECT has . dressed all concerns of the said Department prior to
the obtainment of a shell permit.
5. Comply with the Minority Padicjp-'cm and Employment Plan (including a
Contractor/Subcontractor Participation P|- submitted to the City an pod of the
Application for Development Approval, with t understanding that the APPLICANT
must use its best efforts to follow the provish, s of the City's Minority/Women
Business Affairs and Procurement Program aoaguide.
5. Record the following in the Public Records of Dade C^ nty, Florida, prior to the
issuance of m Temporary Certificate of Occupancy or Cent ate of Occupancy, a
Declaration of Covenants and Restrictions providing that the own- hip, operation and
maintenance of all common areas and facilities will be by the pro* -rty owner or a
mandatory property owner association in perpetuity.
7. Prior to the issuance of o shell parnit, provide the City with a recorded co,` of the
MUSP permit resolution and development order, and further, an executed, reco ble
unity of title urcovenant )nlieu ofunity of title agreement for the subject property; aa
Page A-5 of 8
ovkde the Departmento{Planning and Zoning with o hsnnpmnary construction plan
Ul'- includes the following: a temporary construction parking p|an, with an
enfmrw'mnerd policy; a construction noise management plan with an enforcement
policy; a a maintenance plan for the temporary construction site; said o(on shall be
subject hnth;. evievv and approval by the Department of Planning and Zoning prior to
the\moumnoeof-` building permits and shall beenforced during construction activity.
All construction act 'tv shall remain in full compliance with the provisions of the
submitted construction ° .n; failure tocomply may lead tnmsuspension orrevocation
of this Major Use Special P
Ei In so far an this Major Use -oia| Permit includes the subordinate approval of
series of C|mou | Special Pmnni for which aoacifio details have not yet been
developed or pnzvideU, the applicant all provide the Department of Planning and
Zoning with all subordinate Class | 0pecia _annbplans and detailed requirements for
final review and approval of each one phort^ he issuance of any of the subordinate
approvals required in order to carry out any °f the requested oobvU8em and/or
improvements listed in this development order or ca, I*oned in the plans approved by
it.
10. If the project is to be developed in phamem, the Applicantoh.' submit an interim plan,
including elandscape plan, which addresses design details ~the land occupying
future phases of this Project in the event that the future phases -e not deve|oped,
said plan shall include a proposed timetable and shall be subject # review and
approval bvthe Director ofPlanning and Zoning.
11. Pursuant to design related comments received by the Director of Planning an* ` i .
the applicant shall meet the following conditions: (a) Provide more windowmpe
Q
into the building (if possible) by providing for an artistic treatment to enhance the wall
through the use of decorative architectural nlohehm|m, and/or use the area between the
su'..
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Page A-6 of 8
uUding and the property line to create terraces, p}anby[s, benches orother features
fhik, create a transition between the building wall and the pedestrian realm,
particul ' on the west aide; (b) The proposal involving the future oUonnnert of
Biscayne B* evard will need to be further evaluated and approved by FD[]Tand its
implementation ay depend on the bnlin0 of the Biscayne Boulevard re -alignment
project; (o) Provide *or plan drawings which accurately indicate the location of all
Uouro, vv/ndovva. and ' onry vva||o, and provide line elevation drawings clearly
representing the materials o he building; and (d) Specific detail of the art screen
facades will be required, inuludi ` proposed rna1erim|a. colnro. illumination soherna,
eto., given the p ject'e location on `E 11 m Stnaet, at the entrance of the City'a
Entertainment District.
12. Pursuant hzthe Traffic Impact AnalyeisRnvie the applicant iastrongly encouraged
to continue working with the Cit/a Traffic Consult- to resolve all outstanding Traffic
Analysis issues prior to being heard by the City Cornmni 'on
11 Within SO days of the effective date of this Development C]r.-r, nnoond a certified copy
of the Development Order specifying that the Development 0 `'r runs with the land
and is binding on the Applicant, its successors, and assigns, jointly -, severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from thz- *ate
of its issuance; the iaouonoo dmb* shall constitute the commencement of the thirty
CONCLUSIONS OF LAW
SUBSTITUT D
Page A-7 of 8
The ^-0ECT. proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood ~ 'n, as amendad, is consistent with the orderly development and goals of the
City of K8ionli and mmp|ieo with local land development regulations and further. pursuant to
Section 17U3ofthe Zqn| mDrdinonce:
(1) thePR{JJEC ill have afavorable impact pnthe economy ofthe City; and
(2) the PROJECT VvU 'fDcion1|yuse public transportation facilities; and
(3) the PROJECT will fav^ ably affect the need for people to find adequate housing
reasonably accessible tot -irplaces ofemployment; and
(4) the PROJECT will efficiently u' - necessary public facilities; and
(5) the PROJECT will not negatively pact the environment and natural resources
of the City; and
8B the PROJECT will not adversely affect pub safety; and
(7) the public welfare will beserved bvthe PRCU 'T; and
08) any potentially adverse effects of the PROJEV will be mitigated through
conditions of this Major Use Special Permit.
The proposed development does not unreasonably interfere with the - ievennent of the
objectives of the adopted State Land Development Plan applicable to the City o
Pursuant to Section 1305 of the Zoning [}ndinance, the specific site plan ass;. te of the
PROJECT i.e., ingress and egress, offstreet parking and loading, refuse and service . eas,
signs and |ightinO, ub|ibea, drainage and control ofpotentially adverse effects generally ho
been considered and will befurther considered ad I'ninistrativek/duhng the process of issuing
SU
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