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Resolution
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Miami. FL 33133
www.ci.miami.tl.us
File Number: 05-00519 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED,
FOR THE PORTICO PROJECT, TO BE LOCATED AT APPROXIMATELY 1837
NORTHEAST 4TH AVENUE, MIAMI, FLORIDA, TO CONSTRUCT AN
APPROXIMATE 461-FOOT, 43-STORY HIGH RESIDENTIAL STRUCTURE TO BE
COMPRISED OF APPROXIMATELY 324 TOTAL MULTIFAMILY RESIDENTIAL
UNITS WITH RECREATIONAL AMENITIES; AND APPROXIMATELY 425 TOTAL
PARKING SPACES; DIRECTING TRANSMITTAL; 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 May 6, 2005, Ben Fernandez, Esq., on behalf of Cameo Apartments (referred to as
"APPLICANT"), submitted a complete Application for Major Use Special Permit for Portico (referred to
as "PROJECT") pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, as amended, for the
property located at approximately 1837 NE 4 Avenue, Miami, Florida, as legally described in "Exhibit
A", attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Major Use Special Permit
pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on February 23, 2005 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on April 20, 2005, to consider the
proposed project and recommended APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 29, 2005 Item No. 4,
following an advertised public hearing, adopted Resolution No. PAB 72-05 by a vote of seven to zero
(7-0), recommending APPROVAL WITH CONDITIONS of the Major Use Special Permit Development
Order as 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 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.
City of Miami
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File Number: 05-00519
Section 2. A Major Use Special Permit Development Order, as hereinafter set forth, is approved
subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No.
11000, as amended, for the PROJECT to be developed by the APPLICANT, at approximately 1837
NE Avenue, Miami, Florida, more particularly described on "Exhibit A," attached and i€ncorporated.
Section 3. The PROJECT is approved for the construction an approximate 461-foot, 43-story high
residential structure to be comprised of approximately 324 total multifamily residential units with
recreational amenities; and approximately 425 total parking spaces.
Section 4. The Major Use Special Permit Application for the Project also encompasses the lower
ranking Special Permits as set forth in the Development Order.
Section 5. The findings of fact set forth below are made with respect to the subject PROJECT:
a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as
amended.
b. The PROJECT is in accord with the SD-6, SD-6.1 (Central Commercial Residential) Zoning
classifications of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as
amended.
c. Pursuant to Section 1305 of the Zoning Ordinance of the City of Miami, Florida, the specific site
plan aspects of the PROJECT, i.e., ingress and egress, parking, signs and lighting, utilities, drainage,
preservation of natural features and control of potentially adverse effects generally, have been
considered and will be further considered administratively during the process of issuing a building
permit and a certificate of occupancy.
d. The PROJECT is expected to cost approximately $75,181,000, and to employ approximately
366 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the
creation of approximately 24 permanent new jobs (FTE). The PROJECT will generate approximately
$1,032,174 annually in tax revenues to the City (2005 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the economy of the City;
(2) the PROJECT will efficiently use public transportation facilities;
(3) any potentially adverse effects of the PROJECT will be mitigated through compliance with
the conditions of this Major Use Special Permit;
(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, shoreline development, minority
participation and employment, and minority contractor/subcontractor participation will be mitigated
through compliance with the conditions of this Major Use Special Permit.
Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the
APPLICANT and any successors in interest.
City of Miami
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File Number 05-00519
Section 7. The application for Major Use Special Permit, which was submitted on May 6, 2005, and
on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally for
administrative interpretations and is incorporated by reference.
Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of this
Resolution and attachment to the APPLICANT.
Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as
described in the Development Order for the PROJECT, attached and incorporated.
Section 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 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 Major Use Special Permit, as approved, shall
commence and become operative thirty (30) days after the adoption of the Resolution.
Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its
commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 13 and 17 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 Major Use Special
Permit for Portico (MU-2005-017), (hereinafter referred to as the "PROJECT") to be located at
approximately 1837 NE 4 Avenue, 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 Major Use Special Permit and issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a residential development to be located at approximately 1837 NE
4 Avenue, Miami, Florida. The PROJECT is located on a gross lot area of approximately 1.23±
acres and a net lot area of approximately 0.647± 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".
City of Miami
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The proposed PROJECT will be an approximate 461-foot, 43-story high residential structure
to be comprised of approximately 324 total multifamily residential units with recreational amenities;
and approximately 425 total parking spaces.
The Major Use Special Permit Application for the PROJECT also encompasses the following
lower ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MUSP, as per Article 17 for development of 324 residential units;
Per City Code, Chapter 36, construction equipment request for waiver of noise ordinance
while under construction for continuous pours.
CLASS 11 PERMITS
CLASS II SPECIAL PERMIT, as per Article 6, Section 606 for development of new
construction in the SD-6 District;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow a construction fence and
covered walkway;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor eating areas
and outdoor cafes;
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2 for access from a public street
roadway with driveway greater than twenty-five feet in width;
CLASS I PERMITS
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 917.1.2 to permit valet parking;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer (s) for
construction and other temporary offices such as leasing and sales;
CLASS I SPECIAL PERMIT, as per Article 9, Section 904, for parking and staging of
construction during construction;
CLASS I SPECIAL PERMIT, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a 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 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; 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 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.
City of Miami
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File Number: 05-00519
The PROJECT shall be constructed substantially in accordance with plans and design schematics
on file prepared by Arquitectonica, dated May 4, 2005; the landscape plan shall be implemented
substantially in accordance with plans and design schematics on file prepared by Kimsey -Horn and
Associates, dated April 22, 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 SD-6, SD-6.1 (Central Commercial
Residential) Zoning classification, as contained in the Zoning Ordinance, the Zoning Ordinance of the
City of Miami, Florida, as amended.
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 ail applicable building codes, land development regulations, ordinances and other laws
and pay all applicable fees due prior to the issuance of a building permit.
2) Allow the Miami Police Department to conduct a security survey, at the option of the
Department, and to make recommendations concerning security measures and systems; further
submit a report to the Planning Department, prior to commencement of construction, demonstrating
how the Police Department recommendations, if any, have been incorporated into the PROJECT
security and construction plans, or demonstrate to the Planning Director why such recommendations
are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating
APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of
Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development
process and review procedures, as well as specific requirements for fire protection and life safety
systems, exiting, vehicular access and water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste
that the PROJECT has addressed all concerns of the said Department prior to 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.
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, record able unity of title or
City of Miami
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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 Major Use Special Permit.
9) In so far as this 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 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) 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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
the PROJECT will have a favorable impact on the economy of the City; and
the PROJECT will efficiently use public transportation facilities; and
the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment; and
the PROJECT will efficiently use necessary public facilities; and
the PROJECT will not negatively impact the environment and natural resources of the
City; and
the PROJECT will not adversely affect public safety; and
the public welfare will be served by the PROJECT; and
any potentially adverse effects of the PROJECT will be mitigated through conditions of
this Major Use Special Permit.
City of Miami
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The proposed development does not unreasonably interfere with the achievement of the objectives
of the adopted State Land Development Plan applicable to the City of Miami.
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.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
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.
City of Miami
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