HomeMy WebLinkAboutexhibit AEXHIBIT "A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
METROPOLITAN MIAMI
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 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 a Major Use Special Permit for Metropolitan Miami (hereinafter
referred to as the "PROJECT") to be located at approximately 200 SE 2 Street; 200 SE 3 Street
and 300 SE 3 Street, Miami, Florida (see legal description on "Exhibit B", 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
200 SE 2 Street; 200 SE 3 Street and 300 SE 3 Street, Miami, Florida. The PROJECT is
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located on a gross lot area of approximately 9.31± acres and a net lot area of approximately
5.94± acres of land (more specifically described on "Exhibit B", incorporated herein by
reference). The remainder of the PROJECT's Data Sheet is attached and incorporated as
"Exhibit C".
The proposed PROJECT will be comprised of four mixed use structures varying in
height from approximately 130 to 786 feet and to be comprised of approximately 1,500 total
multifamily residential units with recreational amenities, approximately 9,000 square feet of
office space, approximately 220,361 square feet of retail space, and approximately 3,328 total
parking spaces.
The Substantial Modification to a Major Use Special Permit Application for the
PROJECT also encompasses the following lower ranking Special Permits:
MUSP, per Article 17, Section 1701, and Article 22, to preserve the 1,500 dwelling units
approved pursuant to Resolution No. 04-0419;
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, of an approved
MUSP (Resolution No. 04-0419), adopted June 24, 2004, as per Article 22, Section
2215, of City of Miami Zoning Ordinance 11000, as amended, to allow a change in the
original application by decreasing from 736,700 square feet nonresidential floor area to
approximately 259,361 square feet, and decreasing from parking structures consisting
of 3,716 spaces approximately 3,328 spaces;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for development of new
construction within the Central Business District;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to approve open space
and/or residential recreation space as shown on the plans;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for wholesale
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activities at the ground floor level along designated primary pedestrian pathways so long
as ground floor footage consists of a retail or open to the public component;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401 to allow for parking garages;
CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401 to allow for outdoor eating
areas, outdoor cafes, outdoor display and sale of food or live flowers and plants;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for temporary construction
fence and covered walkway within the Central Business District.
CLASS II SPECIAL PERMIT, as per Article 9, Section 906.6, for pool/outdoor recreation
area;
CLASS 11 SPECIAL PERMIT, as per Article 9, Section 908.2 for access from a public
street roadway width greater than 25 feet;
CLASS II SPECIAL PERMIT; as per Article 9, Section 927, to allow temporary off -site
parking during construction;
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event
namely a ground breaking ceremony;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 917.1.2, for offstreet parking
maintained with valet parking for excess parking;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 918.2, to allow temporary off -site
parking for construction crews working on a residential project;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction
trailer and watchman's quarters;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
All previous approvals granted by Resolution Nos. 98-1151, 02-1249, 04-0276 and 04-0419 to
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remain unchanged except as stated above.
Per City Code, Chapter 36, Construction Equipment Request for waiver of noise ordinance
while under construction for continuous pours.
Pursuant to Articles 13, 17 and 22 of Zoning Ordinance 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 Nichols Brosch Sandoval & Associates, Inc., dated March 30,
2005; the landscape plan shall be implemented substantially in accordance with plans and
design schematics on file prepared by Nichols Brosch Sandoval & Associates, Inc., dated
March 30, 2005; said design and landscape plans may be permitted to be modified only to the
extent necessary to comply with the conditions for approval imposed herein; all modifications
shall be subject to the review and approval of the Planning Director prior to the issuance of any
building permits; and
The PROJECT conforms to the requirements of the CBD "Central Business District"
Zoning classifications, as contained in the Zoning Ordinance, the Zoning Ordinance of the City
of Miami, Florida, as amended. The existing comprehensive plan future land use designation on
the subject property allows the proposed uses.
CONDITIONS
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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 APPLICANTS coordination with members of the Fire Plan Review Section
at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner
responsibility, building development process and review procedures, as well as
specific requirements for fire protection and life safety systems, exiting, vehicular
access and water supply.
4. Obtain approval from, or provide a letter of assurance from the Department of Solid
Waste that the PROJECT has addressed all concerns of the said Department prior to
the obtainment of a shell permit.
5. Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the
Application for Development Approval, with the understanding that the APPLICANT
must use its best efforts to follow the provisions of the City's Minority/Women
Business Affairs and Procurement Program as a guide.
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6. Record the following in the Public Records of Dade County, Florida, prior to the
issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration of Covenants and Restrictions providing that the ownership, operation and
maintenance of all common areas and facilities will be by the property owner or a
mandatory property owner association in perpetuity.
7. Prior to the issuance of a shell permit, provide the City with a recorded copy of the
MUSP permit resolution and development order, and further, an executed, 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.
8. Provide the Planning Department with a temporary construction plan that includes the
following: a temporary construction parking plan, with an enforcement policy; a
construction noise management plan with an enforcement policy; and a maintenance
plan for the temporary construction site; said plan shall be subject to the review and
approval by the Planning Department prior to the issuance of any building permits and
shall be enforced during construction activity. All construction activity shall remain in
full compliance with the provisions of the submitted construction plan; failure to comply
may lead to a suspension or revocation of this Substantial Modification to a Major Use
Special Permit.
9. In so far as this Substantial Modification to a Major Use Special Permit includes the
subordinate approval of a series of Class I Special Permits for which specific details
have not yet been developed or provided, the applicant shall provide the Planning
Department with all subordinate Class I Special Permit plans and detailed
requirements for final review and approval of each one prior to the issuance of any of
the subordinate approvals required in order to carry out any of the requested activities
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and/or improvements listed in this development order or captioned in the plans
approved by it.
10. If the project is to be developed in phases, the Applicant shall submit an interim plan,
including a landscape plan, which addresses design details for the land occupying
future phases of this Project in the event that the future phases are not developed,
said plan shall include a proposed timetable and shall be subject to review and
approval by the Planning Director.
11. Pursuant to the review of the Design Review Committee, the applicant shall meet the
following conditions: (a) Provide details of the proposed cover for the loading area in
the north elevation of Tract D. A visually interesting element should be introduced to
contribute to the pedestrian realm while concealing the loading area from view; (b)
Indicate on the plans how the loading maneuvering occurs, and confirm that the
garage ramping has a sufficient distance to allow clearance for loading vehicles
underneath in Parcel D; (c) Provide more artistic solutions to the garage podium
facade area, by breaking up the large continuous louvered areas and incorporating
openings more in residential scale; (d) Contact the City of Miami Transportation
❑epartment to review issues relating to vehicular circulation, traffic flow, street design
and Metromover placement on the streets around the project; (e) Confirm that the
tower height is in compliance with height requirements established by the FAA and
Miami -Dade County Aviation Departments; (f) Loading activities shall not occur
between the hours of 7-9 am or 4-6 pm on Mon. thru Fri. and in addition, the applicant
shall ensure that there is a dock master to monitor all loading activities; and (g) The
applicant shall continue to work with the planning department on developing the west
facade treatment to reduce the garage appearance.
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12. Pursuant to HEPB Resolution 2004-48, the applicant shall meet the following
conditions: (a) The human remains shall be reinterred; (b) The applicant shall work
with staff and shall keep the Board abreast of any additional discoveries that address
all of the concerns raised in the analysis above; (c) The final plans for the interpretive
elements of the project shall be brought back to the Board.
13. Within 90 days of the effective date of this Development Order, record a certified copy
of the Development Order specifying that the Development Order runs with the land
and is binding on the Applicant, its successors, and assigns, jointly or severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date
of its issuance; the issuance date shall constitute the commencement of the thirty (30)
day period to appeal from the provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, as amended, is consistent with the orderly development and goals of the
City of Miami, and complies with local land development regulations and further, pursuant to
Section 1703 of the Zoning Ordinance:
(1) the PROJECT will have a favorable impact on the economy of the City; and
(2) the PROJECT will efficiently use public transportation facilities; and
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(3) the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment; and
(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural resources
of the City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be mitigated through
conditions of this Substantial Modification to a 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 i.e., 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.
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EXHIBIT "A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
METROPOLITAN MIAMI
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 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 Miamii,, Florida, has considered in a public hearing, the issuance of a
Substantial Modification to a Major \Use Special Permit for Metropolitan Miami (hereinafter
referred to as the "PROJECT") to be 1oated at approximately 200 SE 2 Street; 200 SE 3 Street
and 300 SE 3 Street, Miami, Florida (\see legal description on "Exhibit B", attached and
incorporated), is subject to any dedications, {limitations, restrictions, reservations or easements
of record.
After due consideration of the recommmendatjons 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 locate at approximately
200 SE 2 Street; 200 SE 3 Street and 300 SE 3 Street, Miami, Florida. Th PROJECT is
ocated on a gross lot area of approximately 9.31± acres and a net lot area of approximately
5.•"; acres of land (more specifically described on "Exhibit B", incorporated herein by
referee). The remainder of the PROJECT's Data Sheet is attached and incorporated as
"Exhibit C"I_
The proPSsed PROJECT will be comprised of four mixed use structures varying in
height from approxi
ately 130 to 786 feet and to be comprised of approximately 1,500 total
multifamily residential u 'ts with recreational amenities, approximately 9,000 square feet of
office space, approximately 20,361 square feet of retail space, and approximately 3,328 total
parking spaces.
The Substantial Modificatn to a Major Use Special Permit Application for the
PROJECT also encompasses the folio ring lower ranking Special Permits:
MUSP, per Article 17, Section 17, and Article 22, to preserve the 1,500 dwelling units
approved pursuant to Resolution No. -0419;
SUBSTANTIAL MODIFICATION TO A MJOR USE SPECIAL PERMIT, of an approved
MUSP (Resolution No. 04-0419), adopted ne 24, 2004, as per Article 22, Section
2215, of City of Miami Zoning Ordinance 11000, amended, to allow a change in the
original application by decreasing from 736,700 squ e feet nonresidential floor area to
approximately 259,361 square feet, and decreasing fr h parking structures consisting
of 3,716 spaces approximately 3,328 spaces;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for development of new
construction within the Central Business District;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to approve open space
and/or residential recreation space as shown on the plans;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for w lesale
activities at the ground floor level along designated primary pedestrian pathways so
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as ground floor footage consists of a retail or open to the public component;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401 to allow for parking garages;
LASS 11 SPECIAL PERMIT, as per Article 4, Section 401 to allow for outdoor eating
are , outdoor cafes, outdoor display and sale of food or live flowers and plants;
CLAS II SPECIAL PERMIT, as per Article 4, Section 401, for temporary construction
fence andrepvered walkway within the Central Business District.
CLASS Il SPECIAL PERMIT, as per Article 9, Section 906.6, for pool/outdoor recreation
area,
CLASS Il SPECIAL PERMIT, as per Article 9, Section 908.2 for access from a public
street roadway width greater‘than 25 feet;
CLASS II SPECIAL PERMIT; as, per Article 9, Section 927, to allow temporary off -site
parking during construction;
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event
namely a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per Article 9, Section 917.1.2, for offstreet parking
maintained with valet parking for excess parking;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 918.2, to allow temporary off -site
parking for construction crews working on a residential project;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to a construction
trailer and watchman's quarters;
CLASS 1 SPECIAL PERMIT, as per Article 10, Section
development/construction/rental signage;
10.3.2.2.\ to allow
All previous approvals granted by Resolution Nos. 98-1151, 02-1249, 04-0276 and 04-0419 to
remain unchanged except as stated above.
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Per City Code, Chapter 36, Construction Equipment Request for waiver of noise ordinance
ile under construction for continuous pours.
Pursuant'tArticles 13, 17 and 22 of Zoning Ordinance 11000, approval of the requested
Substantial Mo 'fication to a Major Use Special Permit shall be considered sufficient for the
subordinate permitrequested and referenced above as well as any other special approvals
required by the City wh may be required to carry out the requested plans.
The PROJECT shae constructed substantially in accordance with plans and design
schematics on file prepared bygtIichols Brosch Sandoval & Associates, Inc., dated March 30,
2005; the landscape plan shall belmplemented substantially in accordance with plans and
design schematics on file prepared by=Nichols Brosch Sandoval & Associates, Inc., dated
March 30, 2005; said design and landscape=plans may be permitted to be modified only to the
extent necessary to comply with the conditions''pr approval imposed herein; all modifications
shall be subject to the review and approval of the Pinning Director prior to the issuance of any
building permits; and
The PROJECT conforms to the requirements of t11,CBD "Central Business District'
Zoning classifications, as contained in the Zoning Ordinance, the oning Ordinance of the City
of Miami, Florida, as amended. The existing comprehensive plan futu land use designation on
the subject property allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY 4.. OR
SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPL
WITH THE FOLLOWING:
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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
systemsfyrther submit a report to the Planning Department, prior to commencement
of constructiok demonstrating how the Police Department recommendations, if any,
have been incorporated into the PROJECT security and construction plans, or
demonstrate to the Placing 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 bt the said Department prior to
the obtainment of a shell permit.
5. Comply with the Minority Participation and Employ mer Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the y as part of the
Application for Development Approval, with the understanding that tAPPLICANT
must use its best efforts to follow the provisions of the City's MinttyIWomen
Business Affairs and Procurement Program as a guide.
6. Record the following in the Public Records of Dade County, Florida, prior the
issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy,
Declaration of Covenants and Restrictions providing that the ownership, operation and
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maintenance of ail common areas and facilities will be by the property owner or a
ndatory property owner association in perpetuity.
7. Prioro 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 bar 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 Plannb g Department with a temporary construction plan that includes the
following: a temporary construction parking plan, with an enforcement policy; a
,e
construction noise mariacement plan with an enforcement policy; and a maintenance
plan for the temporary construction site; said plan shall be subject to the review and
approval by the Planning Department prior to the issuance of any building permits and
shall be enforced during constriction activity. All construction activity shall remain in
full compliance with the provisions the submitted construction plan; failure to comply
may lead to a suspension or revocati b of this Substantial Modification to a Major Use
Special Permit.
9. In so far as this Substantial Modification to\a Major Use Special Permit includes the
e,Y
subordinate approval of a series of Class l Social Permits for which specific details
have not yet been developed or provided, the applicant shall provide the Planning
Department with all subordinate Class I Spec Permit plans and detailed
requirements for final review and approval of each one Ip or to the issuance of any of
the subordinate approvals required in order to carry out any}f the requested activities
and/or improvements listed in this development order or ctioned in the plans
approved by it.
10. If the project is to be developed in phases, the Applicant shall submit n interim plan,
including a landscape plan, which addresses design details for the Ian occupying
future phases of this Project in the event that the future phases are not d eloped,
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said plan shall include a proposed timetable and shall be subject to review and
approval by the Planning Director.
Pursuant to the review of the Design Review Committee, the applicant shall meet the
following conditions: (a) Provide details of the proposed cover for the loading area in
the nth elevation of Tract D. A visually interesting element should be introduced to
contribute :,io the pedestrian realm while concealing the loading area from view; (b)
Indicate on the plans how the loading maneuvering occurs, and confirm that the
garage ramping as a sufficient distance to allow clearance for loading vehicles
underneath in ParcelD. Loading maneuvering shall be designed to occur within the
site, such that loading vesicles do not have to reverse to or from the public right of
way; (c) Provide a liner proam with a minimum of 15' of useable active habitable
space along at least the second, and third levels of the west portion of the garage
facing SE 2nd Ave.; (d) Provide morn artistic solutions to the garage podium facade
area, by breaking up the large continuou louvered areas and incorporating openings
more in residential scale; (e) Contact the Citpf Miami Transportation Department to
review issues relating to vehicular circulation',\ traffic flow, street design and
Metromover placement on the streets around the prect; (f) Confirm that the tower
height is in compliance with height requirements establisII‘d by the FAA and Miami -
Dade County Aviation Departments
12. Pursuant to HEPB Resolution 2004-48, the applicant shall rieet the following
conditions: (a) The human remains shall be reinterred; (b) The ap leant shall work
with staff and shall keep the Board abreast of any additional discoverie that address
all of the concerns raised in the analysis above; (c) The final plans for the terpretive
elements of the project shall be brought back to the Board.
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13. 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 issuer ` date shall constitute the commencement of the thirty (30)
day period to appeal from theProvisionsof the Permit.
CONCLUSION OF LAW
The PROJECT, proposed by the APPLICANt complies with the Miami Comprehensive
Neighborhood Plan, as amended, is consistent with th,.prderiy 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:
the PROJECT will have a favorable impact on the eknomy of the City; and
the PROJECT will efficiently use public transportation facilities; and
the PROJECT will favorably affect the need for people toind adequate housing
reasonably accessible to their places of employment; and
(4) the PROJECT will efficiently use necessary public facilities; an
(5) the PROJECT will not negatively impact the environment and natal 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
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(8)
any potentially adverse effects of the PROJECT will be mitigated through
conditions of this Substantial Modification to a Major Use Special Permit.
The`°•roposed development does not unreasonably interfere with the achievement of the
objectives of tI : adopted State Land Development Plan applicable to the City of Miami.
Pursuant to'-, ection 1305 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT i.e., ingres `°.and egress, offstreet parking and loading, refuse and service areas,
signs and lighting, utilities,'.;•rainage and control of potentially adverse effects generally have
been considered and will be f�x,,her considered administratively during the process of issuing
individual building permits and certi ates of occupancy.
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