HomeMy WebLinkAboutR-06-0130City of Miami
Legislation
Resolution: R-06-0130
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00576b Final Action Date: 2/23/2006
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR
USE SPECIAL PERMIT PURSUANT TO ARTICLES 13, 17 AND 22 OF ZONING
ORDINANCE NO. 11000, AS AMENDED, FOR THE METROPOLITAN MIAMI - MET
2 PROJECT, TO BE LOCATED AT APPROXIMATELY 200 SOUTHEAST 2ND
STREET, 200 AND 300 SOUTHEAST 3RD STREET, MIAMI, FLORIDA, TO ALLOW
A CHANGE IN THE PREVIOUSLY APPROVED MUSP (RESOLUTION NO. 05-0351)
TO PRIMARILY ALTER THE USES ON TRACT C OF THE METROPOLITAN MIAMI
PHASED PROJECT. THE PROPOSED CHANGES TO TRACT C ENTAIL THE
ELIMINATION OF THE RESIDENTIAL COMPONENT, A SUBSTANTIAL INCREASE
IN THE OFFICE COMPONENT (FROM 9,000 SQUARE FEET TO 700,000 SQUARE
FEET), AND RE -INTRODUCTION OF A 400-UNIT HOTEL COMPONENT. THE
TWO -TOWER PROPOSAL HEREIN BRINGS THE FLOOR AREA USE TOTALS
FOR THE ENTIRE PROJECT TO 1,194 RESIDENTIAL UNITS, 964,010 SQUARE
FEET OF NONRESIDENTIAL SPACE, 3,689 PARKING SPACES, AND 400 HOTEL
UNITS; 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 December 7, 2005, Gilberto Pastoriza, Esq., on behalf of the owners listed in
Exhibit "A" to this application (referred to as "APPLICANT"), submitted a complete Application for
Substantial Modification to a Major Use Special Permit for Metropolitan Miami - Met 2 (referred to as
"PROJECT") pursuant to Articles 13, 17 and 22 of Zoning Ordinance No. 11000, for the properties
located at approximately 200 SE 2nd Street, 200 and 300 SE 3rd Street, Miami, Florida, as legally
described in "Exhibit A", attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Substantial Modification to 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 Historic and Environmental Preservation Board met on June 15, 2004, to
consider the proposed project and recommended APPROVAL; and
WHEREAS, the Urban Development Review Board met on July 20, 2005, to consider the
proposed project and recommended APPROVAL; and
WHEREAS, the Large Scale Development Committee met on December 7, 2005 to consider the
proposed project and offer its input; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on January 4, 2006 Item No.
3, following an advertised public hearing, adopted Resolution No. PAB 03-06 by a vote of five to zero
City of Miami
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(5-0), recommending APPROVAL with conditions of the Substantial Modification to a Major Use
Special Permit 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 to 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.
Section 2. A Substantial Modification to a Major Use Special Permit Development Order,
incorporated within, is approved subject to the conditions specified in the Development Order, per
Article 17 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the APPLICANT, at
approximately 200 SE 2nd Street, 200 and 300 SE 3rd Street, Miami, Florida, more particularly
described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved to allow a change in the previously approved MUSP (Res.
05-0351) to primarily alter the uses on Tract C of the Metropolitan Miami phased project. The
proposed changes to Tract C entail the elimination of the residential component, a substantial
increase in the office component (9,000 square feet to 700,000 square feet), and re -introduction of a
400-unit hotel component. The two -tower proposal herein brings the floor area use totals for the
entire project to 1,194 residential units, 964,010 square feet of nonresidential space, 3,689 parking
spaces, and 400 hotel units.
Section 4. The Substantial Modification to a 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 CBD (Central Business District) zoning classification of
Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended.
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 (as appropriate to the
nature of the special permit involved in the Project and the particular circumstances of the case)
subject to the any applicable conditions in the Development Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
(1) Respond to the physical
contextual environment taking
I) Site and Urban Planning:
Yes. *Yes.
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into consideration urban form
and natural features;
(2) Siting should minimize the Yes. *Yes.
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner lots Yes. *Yes.
should be oriented to the corner
and public street fronts.
II) Architecture and Landscape Architecture:
(1) A project shall be designed Yes. *Yes.
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood Yes. *Yes.
context;
(3) Create a transition in bulk Yes. *yes.
and scale;
(4) Use architectural styles Yes. *Yes.
and details (such as roof lines
and fenestration), colors and
materials derivative from
surrounding area;
(5) Articulate the building facade Yes. *Yes.
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
III) Pedestrian Oriented Development:
(1) Promote pedestrian Yes. *Yes.
interaction;
(2) Design facades that Yes. *Yes.
respond primarily to the
human scale;
(3) Provide active, not blank Yes. *Yes.
facades. Where blank walls
are unavoidable, they should
receive design treatment.
IV) Streetscape and Open Space:
(1) Provide usable open space Yes. *Yes.
that allows for convenient and
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visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant Yes. *Yes.
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 Yes. *Yes.
vehicular safety to minimize
conflict points;
(2) Minimize the number and Yes. *Yes.
width of driveways and curb
cuts;
(3) Parking adjacent to a street Yes. *Yes.
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas Yes. *Yes.
as district buffer.
VI) Screening:
(1) Provide landscaping that Yes. *Yes.
screen undesirable elements,
such as surface parking lots,
and that enhances space and
architecture;
(2) Building sites should locate Yes. *Yes.
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 Yes. *Yes.
structures with program uses.
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Where program uses are not
feasible soften the garage
structure with trellises,
landscaping, and/or other
suitable design element.
VII) Signage and Lighting:
(1) Design signage appropriate Yes. *Yes.
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes. *Yes.
feature to the building facade,
on and around landscape
areas, special building or
site features, and/or signage;
(3) Orient outside lighting to Yes. *Yes.
minimize glare to adjacent
properties;
(4) Provide visible signage Yes. *Yes.
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
(1) Preserve existing vegetation Yes. *Yes.
and/or geological features
whenever possible.
IX) Modification of Nonconformities:
(1) For modifications of Yes. *Yes.
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform Yes. *Yes.
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
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*Compliance is subject to conditions.
These findings have been made by the City Commission to approve this project with conditions.
d. The Met 2 Tract "C" portion of the PROJECT is expected to cost approximately $538,255,375,
and to employ approximately 417 workers during construction (FTE-Full Time Employees); the
PROJECT will also result in the creation of approximately 300 permanent new jobs (FTE). The
PROJECT will generate approximately $2,791,943 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 Substantial Modification to a 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 Substantial Modification to a Major Use Special Permit.
Section 6. The Substantial Modification to a Major Use Special Permit, as approved and
amended, shall be binding upon the APPLICANT and any successors in interest.
Section 7. The application for Substantial Modification to a Major Use Special Permit, which was
submitted on December 7, 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, incorporated within.
Section 10. The Substantial Modification to a 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 Substantial Modification to a Major Use Special
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Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the
Resolution.
Section 13. This Substantial Modification to a 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, 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 - Met 2 (MU-2005-040), (hereinafter referred to
as the "PROJECT") to be located at approximately 200 SE 2nd Street, 200 and 300 SE 3rd 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 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 and 300
SE 3rd Street, and 200 SE 2nd Street, Miami, Florida. The PROJECT is located on a gross lot area
of approximately 9.33± acres and a net lot area of approximately 5.94± 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 will be comprised of four mixed use structures varying in height from
approximately 130 to 803 feet and to be comprised of approximately 1,194 total multifamily residential
units with recreational amenities, approximately 400 hotel units, approximately 700,000 square feet of
office space, approximately 168,674 square feet of retail space, approximately 61,300 square feet of
theater space, approximately 34,036 square feet of health club space, and approximately 3,689 total
parking spaces.
The Substantial Modification to a Major Use Special Permit Application for the PROJECT also
encompasses the following lower ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MUSP, per Article 17, Section 1701, and Article 22, to preserve the 1,500 dwelling units approved
pursuant to Resolution No. 05-0351.
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MUSP, per Article 17, Section 1701, and Article 22, to allow a change in the previous approval
(substantial modification to previously approved Resolution No. 02-1249) from 259,361 square
feet nonresidential floor area (as modified by Resolution No. 05-0351) to approximately 964,010
square feet.
MUSP, per Article 17, Section 1701, and Article 22, to allow a change in the original application
(substantial modification to previously approved Resolution No. 02-1249) from parking structures
consisting of 3,328 spaces (as modified by Resolution No. 05-0351) to approximately 3,689
standard parking spaces.
MUSP, per Article 17, Section 1701, and Article 22, to permit the development of 400 hotel rooms.
This includes 100 Hotel Units converted from 68 Residential Units pursuant to a conversion factor
of 0.6735 as listed in the "LAND USE EXCHANGE RATES" from Downtown DRI.
This Major Use Special Permit also includes:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for development of new construction
visible from public street within the CBD.
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for location of structures visible from a
public street within CBD, including construction fence and covered walkway.
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per Determination of Use No. 2004-007 dated September 14,
2004, to allow temporary parking of trailers or manufactured homes used in connection with such
land development activities as temporary construction offices or sales centers.
Per City Code, Chapter 36-6, request for waiver of noise ordinance for continuous pours.
This Permit also preserves the following requests approved or preserved by Resolution No.
05-0351:
SPECIAL EXCEPTION as per Article 4, Section 401 to allow for bars, saloons, taverns and/or
supper clubs;
CLASS II SPECIAL PERMIT as per Article 4, Section 401 to allow for child day care facilities;
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 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 II 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 903.1 to allow development of project
divided by a street;
CLASS II SPECIAL PERMIT as per Article 9, Section 906.6, for pool/outdoor recreation area;
CLASS II SPECIAL PERMIT as per Article 9, Section 908.2 for access from a public street
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roadway width greater than 25 feet;
CLASS II SPECIAL PERMIT as per Article 9, Section 922.4(c), to allow maneuvering of trucks
on public rights of way;
CLASS II SPECIAL PERMIT as per Article 9, Section 922.4(d) to allow backing into a street;
CLASS II SPECIAL PERMIT as per Article 9, Section 922.8 to allow for combined off-street
loading facilities;
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 I 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 10, Section 10.3.2.2, to allow
development/construction/rental signage.
PER CITY CODE, Chapter 4, designation of the entertainment retail center located at the NE
corner of SE 3rd Avenue and SE 4th Street as retail specialty center as that term is defined in
Section 4-2.
PER CITY CODE, Chapter 23-5(a), Request for a Certificate of Appropriateness for grounds
disturbing activity in an Archaeological Conservation Area.
Designation as a phased project, pursuant to Section 2502 of Zoning Ordinance No. 11000.
REQUEST that the following MUSP conditions be required at the time of Temporary Certificate of
Occupancy or Final Certificate of Occupancy 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, 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 Wurst Wolfe, Inc., dated November 18, 2005; the landscape plan
shall be implemented substantially in accordance with plans and design schematics on file prepared
by Nichols Brosch Wurst Wolfe, Inc., dated November 18, 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
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Director prior to the issuance of any building permits; and
The PROJECT conforms to the requirements of the CBD (Central Business District) zoning
classification, 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
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
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
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.
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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 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 design related comments received by the Planning Director, the applicant shall
the following conditions: (a) The pedestrian sidewalk realm 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, 1:12 (8.3%); (b) The
pedestrian sidewalk area shall be maintained with a consistent, recognizable pattern, which shall
continue across the vehicular entrances in order to give dominance to the pedestrian realm over the
vehicular areas.
12) Pursuant to HEPB Resolution 2004-048, 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.
14) Prior to the issuance of any building permit, applicant shall submit to the Planning
Director a revision or amendment to the applicants existing traffic study, including updating the
traffic model, reflecting all changes to traffic usage and transportation service levels attributable to
this Substantial Modification; alternatively, the Applicant may agree with the Planning Director to
fund (by pre -payment) a new traffic study and traffic model done by the City's traffic consultants, or
other reputable traffic consultants selected by the Planning Director.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date of its
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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
(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.
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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