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HomeMy WebLinkAboutLegislation - Ver. 3 FINALCity of Miami Legislation Resolution: R-06-0404 City Hail 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Fite Number: 06-00426mu Final Action Date:6/22/2006 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE HIAWATHA VILLAGE PROJECT, LOCATED AT APPROXIMATELY 3535 HIAWATHA AVENUE, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 68-FOOT, 4-INCH, 6-STORY HIGH RESIDENTIAL STRUCTURE CONSISTING OF 19 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, IN ADDITION TO A 3-UNIT SINGLE-FAMILY TOWN -HOME COMPONENT; AND APPROXIMATELY 75 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; 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 November 7, 2005, Lucia A. Dougherty, on behalf of G.C. Homes, Inc. contract purchaser and Chateau Apartments, Ltd LLLP, owner (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for Hiawatha Village (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the property located at approximately 3535 Hiawatha 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 July 26, 2005 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on October 19, 2005, to consider the proposed project and recommended APPROVAL; and WHEREAS, the Historic and Environmental Preservation Board met on December 6, 2005, to review the proposed project for a Certificate of Appropriateness and recommended APPROVAL; and WHEREAS, the Miami Zoning Board, at its meeting held on April 24, 2006, Item No. 6, following an advertised public hearing, adopted Resolution No. ZB-06-1172 by a vote of five to two (5-2), recommending APPROVAL of a Variance as hereinafter set forth; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 7, 2006 Item No. 4, following an advertised public hearing, adopted Resolution No. PAB 06-057 by a vote of seven to zero (7-0), recommending APPROVAL with conditions of the Major Use Special Permit Development City of Miami Page 1 of 14 Printed On; 8/9/2,006 File Number- 06-00426mu Enactment Number. R-06-0404 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 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 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 3535 Hiawatha Avenue, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of an approximate 68-foot. 4-inch, 6 -story high mixed use structure to be comprised of approximately 19 total multifamily residential units with recreational amenities; in addition to a 3-unit single family town home component; and approximately 75 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 existing R-3 (Multifamily High -Density Residential) 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 subject to the any applicable conditions in the Development Order herein: DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE I) Site and Urban Planning: (1) Respond to the physical Yes. *Yes. contextual environment taking 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 City of -Miami Page 2 of 14 Printed On: 8/9/2006 File Number: 06-00426mu Enactment Number: R-06-0404 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 interaction; (2) Design facades that respond primarily to the human scale; (3) Provide active, not blank facades. Where blank walls are unavoidable, they should receive design treatment. IV) Streetscape and Open Space: Yes. Yes. Yes. *Yes. *Yes. *Yes. (1) Provide usable open space Yes. *yes. that allows for convenient and 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 City of Miami Page 3 of 14 Printed On: 8/9/2006 File Number: 06-00426mu Enactment Number: R-06-0404 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. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. VII) Signage and Lighting: City of Miami Page 4 of 14 Printer! On: 8/9/2006 File Number 06-00426mu Enactment Number: R-06-0404 (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. *Compliance is subject to conditions. These findings have been made by the City Commission to approve this project with conditions. d. The PROJECT is expected to cost approximately $60,067,893, and to employ approximately 122 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 3 permanent new jobs (FTE) for building operations and will generate approximately $293,819 annually in tax revenues to the City (2006 dollars). e. The City Commission further finds that: City of Miami Page 5 of 14 Printed On: 8/9/2006 File Number: 06-00426mu Enactment Number: R-06-0404 (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. Section 7. The application for Major Use Special Permit, which was submitted on November 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 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 City of Miami Page 6 of 14 Printed On: 8/9/2006 File Number: 06-OO426mu Enactment Number: R-06-0404 Let it be known that pursuant to Articles 5, 9, 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 Hiawatha Village (MU-2005-033), (hereinafter referred to as the "PROJECT`) to be located at approximately 3535 Hiawatha 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 mixed use development to be located at approximately 3535 Hiawatha Avenue, Miami, Florida. The PROJECT is located on a gross lot area of approximately 1.75 ± acres and a net lot area of approximately 1.35± 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 an approximate 68-foot, 4-inch, 6-story high mixed use structure to be comprised of approximately 19 total multifamily residential units with recreational amenities; in addition to a 3-unit single family town home component; and approximately 75 total parking spaces. The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits: VARIANCES REQUEST, for a VARIANCE, as per, Article 19, Article 4, Sect.401, R-3 Multifamily Medium -Density Residential, to allow a relaxation of limited to height subject to determination that affordable housing development bonus is not the result of this requested variance; Proposed height: 78 feet 4 inches A.F.L. at middle ridge for gable roof. Maximum height allowed: 50 feet 0 inches A.F.L. at middle ridge for gable roof. Request to waive: 28 feet 4 inches MAJOR USE SPECIAL PERMITS MUSP, as per Article 17, Section 1701, Definition (9) and Article 5, Sect, 502, PUD districts; minimum area, maximum densities and maximum floor area ratios permitted (a) (b), to allow up to 20% increase of floor area ratio, for an increase of approximately 11,450 square feet of floor area; MUSP, as per Article 17, Section 1701. Definition (8) and Article 9, Section 914, Sub -Section 914.1 Dwelling unit, square footage, and off-street parking bonuses for contribution to Affordable Housing Trust Fund; exceptions., to allow an increase up to twenty (25) percent of additional floor area as a development bonus of approximately 14,313 square feet, the user shall make a non-refundable bonus City of Miami Page 7 of 14 Printed On: 819/2006 File Number: 06-00426mu Enactment Number: R-06-0404 developer contribution of an amount of $177,479 to the Affordable Housing Trust Fund administered by the City of Miami; CLASS II SPECIAL PERMITS CLASS II SPECIAL PERMIT, as per Article 15, Section 1511. Class I1 Special Permit required for any development between Biscayne Bay and the first dedicated right-of-way, to allow development on property located between Biscayne Bay and the first dedicated right-of-way; CLASS II SPECIAL PERMIT, as per Article 15, Section 1512. Class II Special Permit required for waiver of design standard and guidelines, to allow a waiver of City of Miami Off-street Parking Guides & Standards, only for reduction of required backup distance in driveway isles from 23 feet to 22 feet; CLASS 11 SPECIAL PERMIT, as per Article 9, Section 917, Sub -Section 917.14, Sub -Section 917.14.1 Parking Lifts, Robotic and Mechanical parking systems, Enactment No. 12758, to allow a mechanical, robotic, automated or parking lift system; CLASS II SPECIAL PERMIT, as per Article 9, Section 927. Temporary structures, occupancies, and uses during construction, criteria for special permits, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be approved by other city departments; CLASS I SPECIAL PERMITS CLASS I SPECIAL PERMIT, as per Article 9, Section 906, Sub -Section 906.9. Temporary special events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremony; CLASS I SPECIAL PERMIT, as per Article 9, Section 916, Sub -Section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as groundbreaking ceremonies; CLASS I SPECIAL PERMIT, as per Article 9, Section 918, Sub -Section 918.2. Temporary off-street offsite parking for construction crews, criteria, to allow temporary off-street offsite parking for construction crews working on a residential project under construction; CLASS I SPECIAL PERMIT, as per Article 9, Section 920, Sub -Section 920.1.2. Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes, when authorized for security or other purposes in connection with land development such as construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT as per Article 10, Section 10.3.2.2, Sub -Section 10.5.3.3(3). R-3 Multifamily Medium -Density Residential - Sign Regulations, to allow temporary signs for development; REQUEST, for waiver of Chapter 36 Noise, Section 36-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted average dBA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria; REQUEST for applicable MUSP conditions to be satisfied at the time of Shell Permit instead of at issuance of Foundation Permit: City of Miami Page 8 of 14 Printed On: 8/9/2006 File Number: 06-00426mu EnactmentNumber: R-06-0404 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 5, 9, 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. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Behar Font & Partners, dated January 30, 2006; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Behar Font & Partners, dated January 30, 2006; 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 proposed R-3 (Multifamily High -Density Residential) zoning classification, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The proposed comprehensive plan future land use designation on the subject property allows the proposed uses. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit including the required Affordable Housing Trust fund contribution of $12.40 per square foot for any applicable FAR increase sought under those provisions. 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. City of Miami Page 9 of 14 Printed On: 8/912006 File Number: 06-00426mu Enactment Number: R-06-0404 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. 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 applicantshall 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 meet the following conditions: (a) The single-family units shall be oriented to have the garage doors to face the interior of the site and to front W. Glencoe St. with the main living spaces of the building; (b) Provide a complete set of floor plans and elevations of the single family home; (c) Provide details of the auto court in front of the single family home, including number of spaces provided, paving type, and landscaping; (d) Prior to City Commission consideration, the applicant shall submit a soil study to confirm the FEMA Base Flood Elevation. This is a request by the Zoning Department to determine the final height of the building. 12) Pursuant to comments by the City of Miami Public Works Department, the following street improvements shall be required: (a) Hiawatha Avenue - Replace all broken and damaged sidewalk, curb and gutter on both sides and mill and resurface the entire width, curb to curb, between Hiawatha Circle and South Bayshore Drive; (b) Glencoe Street - Replace all broken and damaged sidewalk, curb and gutter on both sides and mill and resurface the entire width, curb to curb, between South Bayshore Court and South Bayshore Drive. City of Miami Page 10 of 14 Printed On: 8/9/2006 File Number: 06-00426mu Enactment Number: R-06-0404 13) Prior to the issuance of a building permit, the applicant shall submit a letter of approval of the proposed height from the Miami -Dade County Aviation Department. If no such approvals are granted, the height of the proposed project shall be reduced to those heights referenced in the letter from Miami -Dade Aviation to the Planning Department dated July 7, 2005. 14) Pursuant to HEPB Resolution 2005-097, the applicant shall meet the following conditions: (a) Submit monthly reports to the City of Miami during any archeological testing and monitoring activities to document the results of any finds; (b) Submit two final reports to the City of Miami within 90 days of completion of the archeological investigations and monitoring; (c) Submit a detailed archeological management or mitigation plan to the City of Miami prior to the commencement of any further archeological investigations or construction activities if significant archeological material is identified. 15) A development bonus to permit a mixed use of 14,313 square feet of floor area shall require a non-refundable payment to the Affordable Housing Trust Fund of an amount of $12,40 per square foot for a total of $177,479. 16) Property owners of the Hiawatha Development are prohibited from using the Unnumbered Lot (Located at the north easterly end of South Bayshore Lane, as shown on the "Fairview Subdivision Plat" recorded in Plat Book 4, Page 176 of the Public Records of Miami -Dade County adjacent to and in between Lot 1 of Block 1 and Lot 1 of Block 3 of the above stated "Fairview Subdivision Plat" ximately 22 x 35 feet in size)) for access, driveways or through streets for vehicular passage from the Condominium into or through the Fairview Subdivision or the public streets therein including South Bayshore Lane, East Fairview Street and West Fairview Street. 17) Developer shall erect a fence (no taller that 6 feet high) from the Hiawatha Avenue cul-de-sac along the Southwesterly property line bordering and paralleling the Fairview Subdivision. Developer shall also provide two (2), four (4) foot wide pedestrian gates (one at each end) located along this fence at the place where it intersects the Unnumbered Lot at the Northeasterly end of South Bayshore Lane located in the Fairview Subdivision. Developer shall improve the easement area with a level passage way of pavers or concrete sidewalk (to be determined by Developer in its sole discretion). These four (4) foot wide gates shall have a spring loaded automatic closer that also automatically lock and an electronic key code pad on each side of the gates which code shall be provided to all of the property owners within the Fairview Subdivision. Developer agrees to include in the declaration of condominium for the Project that the maintenance, repairs and replacement (if applicable) of this fence, electronic gates, and easement area shall be the responsibility of the condominium association for the Project; provided, however Developer shall in no way be required to enforce the same nor shall Developer have any obligations or liability in the event the condominium association for the Project fails to maintain the same. 18) Developer shall in cooperation with the Fairview Neighbors petition the City of Miami (the „City") to dedicate that portion of the Unnumbered Lot (approximately 20ft. x 35ft.) as a mini -neighborhood public park. If such petition is successful, Developer agrees to donate as a gift to the City the following improvements to the Unnumbered Lot: (i) install landscaping (to be determined by Developer in its sole discretion, but no hedges shall be installed on the easement or the Unnumbered Lot); (ii) install one (1) exterior lighting pole (to be selected at Developer's sole discretion) (which shall go on automatically at dusk and off during the day); (iii) install one (1) park bench with backrest made of recycled poly vinyl materials; (iv) raise the elevation, grade, storm drain, and provide drainage as required by the City of Miami and/or Miami -Dade County (the "County"); (v) install new sod; (vi) install sprinklers; (vii) install one (1) outdoor water drinking fountain; (viii) install one (1) vinyl coated wire mesh trash bin; (ix) install one (1) plastic bag dispenser (for dog defecation clean-up); and (x) install one (1) small sign that instructs walkers of dogs to clean up after their dogs. Developer City of Miami Page 11 of 14 Printed On: 8/9/2006 Fite Number- 06-00426mu Enactment Number: R-O6-O404 agrees not to install any hedges within Mini Fairview Subdivision Park. Developer shall not be responsible for any of the maintenance, repairs, or replacements associated with the items required under this section. Developer shall improve the easement area with a level passage way of pavers or concrete sidewalk (to be determined by Developer in its sole discretion). Developer agrees not to install any hedges within the easement area. 19) Developer shall in cooperation with the Fairview Neighbors petition the City and the City Planning & Parks Department to bring Steel Park numerous improvements. If such petition is successful, Developer agrees to donate as a gift to the City the following improvements to Steel Park: (i) raising the height of the park's elevations and storm drains; (ii) adding several large shade trees; (iii) replacing and installing at least four (4) new eight (8) foot long picnic tables with attached benches and three (3) additional benches with back supports all made of recycled poly vinyl type materials; (iv) installing adequate lighting by adding at least four (4) automatic lights that turn on at dusk and turn off by 11:00 p.m; (v) installing three (3) vinyl coated wire mesh trash bins; (vi) installing three (3) plastic bag dispensers (for dog defecation clean-up); (vii) installing three (3) small signs that instructs walkers of dogs to clean up after their dogs; (viii) install sprinklers; and (ix) installing one (1) outdoor water drinking fountain. Developer agrees not to install any hedges within Steel Park. Developer shall not be responsible for any of the maintenance, repairs, and/or replacements associated with the items under this section. 20) Developer agrees that the Project shall have a maximum of nineteen (19) residential condominium units and three (3) R-1 homes (plus three (3) additional R-1 homes adjacent to the project and located on West Glencoe Street). 21) Developer agrees to dig as many on site deep dry wells as are required by the City and County in order to provide maximum absorption of water and rain drainage to be kept on the Project's property and off of the Fairview Subdivision. These drainage dry wells shall also be incorporated into the site plans for the Project submitted to the City's and County's Building and Permitting Departments, if applicable. 22) Developer agrees to that the above improvements shall be completed prior to the Developer receiving Certificates of Occupancy for its units within the Project, or within six months from the expiration of all appeal periods on the MUSP and Variance, whichever is earlier, provided closing on the acquisition of the property. 23) Developer, being the owner of the Easement Area (as hereinafter defined), hereby grants, declares and establishes a perpetual, non-exclusive easement for pedestrian ingress, egress and passage upon, over, across, along and through that certain portion of property [A ten foot wide strip of land, being a part of the Hiawatha Village Project, running 110 feet more or less along its most western property line, starting at Southwesterly of the sidewalk and cul-de-sac, at the end of the City Street known as Hiawatha Avenue, and said strip of land running 110 feet more or less southeasterly parallel and adjacent to the Northeastern lot lines of lots 2 and 1 of block 1 and also along the parallel and adjacent north easterly property line of the unnumbered lots width (being 21.5 feet), (and said easement ending at the most easterly corner of the unnumbered lot) which is located between lot 1 of block 1 and lot 1 of block 3 of the Fairview Subdivision according to the Plat thereof recorded in Plat Book 4, Page 176 of the Public Records of Miami -Dade County] to and for the benefit of all private owners within the Fairview Subdivision, their successors, assigns and guests. This easement is granted to all lot owners and property owners of said lots (except the City of Miami) as set forth on the Plat of the "Fairview Subdivision," recorded in Plat Book 4, Page 176, of the Public Records of Miami -Dade County, Florida. The condominium association to be created for the Hiawatha Village Project shall be responsible for the maintenance of the Easement Area and the costs associated City of Miami Page 12 of 14 Printed On: 8/9/2006 File Number: 06-00426mu Enactment Number: R-06-0404 therewith. 24) Developer agrees, that during and throughout all the phases of this development and until the completion of this development, the Developer shall put in his service and construction contracts with all suppliers of all materials including construction materials and services, any and all contractors, sub -contractors, their employees, delivery personnel, service suppliers, construction workers, his employees or any other persons doing business with the building of this Hiawatha Village Project shall not be allowed to deliver from or park any vehicles or equipment within the FAIRVIEW SUBDIVISION on or along the streets, swails or any lots of the Fairview Subdivision. (i.e. East Fairview Street, South Bayshore Lane and West Fairview Street). 25) Developer agrees, that if necessary, they shall pay for and set up a Shuttle service to and from this Hiawatha Construction Project to a larger public parking lot/facility in the nearby area. 26) 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 (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 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. APPROMED TOFORM AND-CQRRECTNESS: 1ORGE L F NANDEZ CITY ATTOR EY City of Miami Page 13 of 14 Printed On: 8/9/2006 File Number: 06-00426mu Enactment Number: R-06-0404 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 Page 14 of 14 Printed On: 8/9/2006 ocga eT�2 us sr City of Miami Legislation Resolution: R-06-0404 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigOv.cOm File Nurnberg; 06-00426mu Final Action Date:6/22/2006 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE HIAWATHA VILLAGE PROJECT, LOCATED AT APPROXIMATCY 3535 HIAWATHA AVENUE, MIAMI, FLORIDA, TO CONSTRUCT AID&APPROXIMATE 68-FOOT, 4-INCH, 6-STORY HIGH RESIDENTIAL STf4JCTURE CONSISTING OF 19 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, IN ADDITION TO A 3-UNIT SINGLE-FAMILY TOWN -HOME COMPONENT; AND APPROXIMATELY 75 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUS(QNS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILTY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 7, 2005, Lucia A. Dougherty, on behalf of G.C. Homes, Inc. contract purchaser and Chateau Apartments, Ltd LLL P, owner (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for Hiawatha Village (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the property located at approximately 3535 Hiawatha Avenue, Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and WHEREAS, development of the Project requires tie issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, `he Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee Met on July 26, 2005 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on t ctober 19, 2005, to consider the proposed project and recommended APPROVAL; and WHEREAS, the Historic and Environmental Preservation Board 'met on December 6, 2005, to review the proposed project for a Certificate of Appropriateness and recommended APPROVAL; and WHEREAS, the Miami Zoning Board, at its meeting held on April 24, 2006, Item No. 6, following an advertised public hearing, adopted Resolution No. ZB-06-1172 by a votegf five to two (5-2), recommending APPROVAL of a Variance as hereinafter set forth; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 7\ 2006 Item No. 4, following an advertised public hearing, adopted Resolution No. PAB 06-057 by a vote of seven to zero (7-0), recommending APPROVAL with conditions of the Major Use Special Perr'nit Development City of Miami Page 1 of 13 Printed On: 8/9/2006 Re Number 06-00426mu Enactment Number: R-06-0404 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 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 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 3535 Hiawatha Avenue, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of an approximate 68-foot. 4-inch, 6 -story high mixed use structure to be comprised of approximately 19 total multifamily residential units with recreational amenities; in addition to" 3-unit single family town home component; and approximately 75 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 existing R4(Multifamily High -Density Residential) zoning classification of Zoning Ordinance No. 11000, the Zoning°\Qrdinance 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 i pview Criteria subject to the any applicable conditions in the Development Order herein: DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE I) Site and Urban Planning: (1) Respond to the physical Yes. 'Yes. contextual environment taking 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 City of Miami Page 2 of 13 Printed On: 8/9/2006 File Number:: 06-00426mu Enactment Number: R-O6 O404 properties; (3) BuHdings 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. to comply with all appl►cble landscape ordinances; �'�, (2) Respond to the neighborhood Yes. context; (3) Create a transition in bulk \ Yes. and scale; (4) Use architectural styles and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building facade Yes. vertically and horizontally in intervals that conform to the existing structures in the vicinity. Yes. III) Pedestrian Oriented Development: (1) Promote pedestrian interaction; (2) Design facades that respond primarily to the human scale; Yes. Yes. *Yes. *Yes. *Yes. *Yes. *Yes. *Yes. *Yes. (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 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 City of Miami Page 3 of 13 Printed On: ``8/9/2006 File Number: 06-00426mu Enactment Number: R-06-0404 enhantre the project, V) Vehicular Access and Parking: (1) Design for 'pedestrian and Yes. vehicular safety'tq minimize conflict points; (2) Minimize the number and Yes. width of driveways and`curb cuts; (3) Parking adjacent to a street 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: *Yes. *Yes. *Yes, (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 areascannot 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. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. VII) Signage and Lighting: City of Miami Page 4 of 13 Printed On: 8/9/2006 File Number: 06-00426mu Enactment Number: R-06-0404 (1) Design signage appropriate Yes. *Yes. for the Scale and character of the project and immediate neighborhoO,d; (2) Provide luting as a design Yes. *yes. feature to the bbilding facade, on and around landscape areas, special building or site features, andlor signage; (3) Orient outside lightin to minimize glare to adjacent\ properties; (4) Provide visible signage Yes. identifying building addresses at the entrance(s) as a functional and aesthetic consideration. Yes. VIII) Preservation of Natural Features: *Yes. *Yes. (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. *Compliance is subject to conditions. These findings have been made by the City Commission to approve this projedtwith conditions. d. The PROJECT is expected to cost approximately $60,067,893, and to emOioy approximately 122 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 3 permanent new jobs (FTE) for building operations and will generate approximately $293,819 annually in tax revenues to the City (2006 dollars). e. The City Commission further finds that: City of Miami Page 5 of 73 Printed On: 8/9/2006 File Number 06-00426mu Enactment Number: R-06-0404 (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 o.{ this Major Use Special Permit; (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their'1aces 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 PROJEC`awili 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 aderse 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 condition`s 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,. Section 7. The application for Major Use Special Permit, which was submitted on November 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 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 Rolution 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 PerrM, 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 two12) 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 City of Miami Page 6 of 13 Printed On: 8/9/2006 File Number: 06-00426mu Enactment Number: R-06-0404 Let it be known that pursuant to Articles 5, 9, 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 Hiawatha Village (MU-2005-033), (hereinafter referred to as the "PROJECT") to be located at approximately 3535 Hiawatha Avenue, Miami, Florida (see legal description on "Exhibit A", attached and incorporated), is subjebt to any dedications, limitations, restrictions, reservations or easements of record. After due consideration ei' 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 mixed use development to be located at approximately 3535 Hiawatha Avenue, Miami, Florida. The PROJECTIs located on a gross lot area of approximately 1.75 ± acres and a net lot area of approximately 1.35± 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 an approximate 68-foot, 4-inch, 6-story high mixed use structure to be comprised of approximately 19 total multifamily residential units with recreational amenities; in addition to a 3-unit single family town home component; ancf°-.approximately 75 total parking spaces. The Major Use Special Permit Application for the PROJECTalso encompasses the following lower ranking Special Permits: VARIANCES REQUEST, for a VARIANCE, as per, Article 19, Article 4, Sect.401, 1 r.3 Multifamily Medium -Density Residential, to allow a relaxation of limited to height subject to determination that affordable housing development bonus is not the result of this requested variance; Proposed height: 78 feet 4 inches A.F.L. at middle ridge for gable roof. Maximum height allowed: 50 feet 0 inches A.F.L. at middle ridge for gable rod. Request to waive: 28 feet 4 inches MAJOR USE SPECIAL PERMITS MUSP, as per Article 17, Section 1701, Definition (9) and Article 5, Sect. 502, PUD'tistricts; minimum area, maximum densities and maximum floor area ratios permitted (a) (b), to allow u .Fto 20% increase of floor area ratio, for an increase of approximately 11,450 square feet of floor area; MUSP, as per Article 17, Section 1701. Definition (8) and Article 9, Section 914, Sub -Section 914.1 Dwelling unit, square footage, and off-street parking bonuses for contribution to Affordable Housing Trust Fund; exceptions, to allow an increase up to twenty (25) percent of additional floor area,as a development bonus of approximately 14,313 square feet, the user shall make a non-refundable bonus City of Miami Page 7 of 13 Printed On: 8/9/2006 File Number: 06-00426mu Enactment Number: R-06-0404 developer contribution of an amount of $177,479 to the Affordable Housing Trust Fund administered by the qty of Miami; CLASS 11 SPECIAL PERMITS CLASS II SPECIAL PERMIT, as per Article 15, Section 1511. Class 1i Special Permit required for any development between Biscayne Bay and the first dedicated right-of-way, to allow development on property located between Biscayne Bay and the first dedicated right-of-way; CLASS 11 SPECIAL I'i RM1T, as per Article 15, Section 1512. Class 11 Special Permit required for waiver of design standard and guidelines, to allow a waiver of City of Miami Off-street Parking Guides & Standards, only for reduction of required backup distance in driveway isles from 23 feet to 22 feet; CLASS II SPECIAL PERMIT, as per Article 9, Section 917, Sub -Section 917.14, Sub -Section 917.14.1 Parking Lifts, Robotic and Mechanical parking systems, Enactment No. 12758, to allow a mechanical, robotic, automated or parking lift:,system; CLASS II SPECIAL PERMIT, as pereArticle 9, Section 927. Temporary structures, occupancies, and uses during construction, criteria for Special permits, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be apPr©ved by other city departments; CLASS I SPECIAL PERMITS CLASS I SPECIAL PERMIT, as per Article 9, Section 906, Sub -Section 906.9. Temporary special events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a grond breaking ceremony; CLASS I SPECIAL PERMIT, as per Article 9, Section 916, Sub -Section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as groundbreaking ceremonies; CLASS I SPECIAL PERMIT, as per Article 9, Section 918, Sub -Section 918.2. Temporary off-street offsite parking for construction crews, criteria, to allow temporary off-street offsite parking for construction crews working on a residential project under construction; CLASS I SPECIAL PERMIT, as per Article 9, Section 920, SubSection 920.1.2. Limitations on occupancy of mobile homes, to allow parking of mobile homes, mailers or manufactured homes, when authorized for security or other purposes in connection with land development such as construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT as per Article 10, Section 10.3.2.2, Sub -Section 10.5.3.3(3). R-3 Multifamily Medium -Density Residential - Sign Regulations, to allow temporary signs for development; REQUEST, for waiver of Chapter 36 Noise, Section 36-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a reading of 0:79 weighted average dBA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria; REQUEST for applicable MUSP conditions to be satisfied at the time of Shell Permit instead of at issuance of Foundation Permit: City of Miami Page 8 of 13 Printed On: 8/9/2006 File Number: 06-00426mu Enactment Number: R-06-0404 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`5, 9, 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. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Behar Font &, Partners, dated January 30, 2006; the landscape plan shall be implemented substantially in acccidance with plans and design schematics on file prepared by Behar Font & Partners, dated January 30,\2006; 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 proposed R-3 (Multifamily High -Density Residential) zoning classification, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The proposed comprehensive plan future land use designation on the subject property allows the proposed uses. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: 1) Meet all applicable building codes, land developnment regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit including the required Affordable Housing Trust fund contribution of $12.40 per square foot for any applicable FAR increase sought under those provisions. 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 atthe 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. City of Miami Page 9 of 73 Printed On: 8/9/2006 File Number: 06-00426mu Enactment 'umber; R-06-0404 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 theCity 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 rew and approval by the Planning Department prior to the issuance of any building permits and shalt"e 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 Perrnit includes the subordinate approval of a series of Class l Special Permits for which specific details have not yet been developed or provided, the applicantshall 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 meet the following conditions: (a) The single-family units shall be oriented to have the garage doors to face the interior of the site and to front W. Glencoe St. with the main living spaces of the building; (b) Provide a complete set of floor plans and elevations of the single family home; (c) Provide details of the auto court in front of the single family home, including number of spaces provided, paving type, and landscaping; (d) Prior to City Commission consideration, the applicant small submit a soil study to confirm the FEMA Base Flood Elevation. This is a request by the Zoning Department to determine the final height of the building. 12) Pursuant to comments by the City of Miami Public Works Department, the following street improvements shall be required: (a) Hiawatha Avenue - Replace all broken and damaged sidewalk, curb and gutter on both sides and mill and resurface the entire width, curb to curb, between Hiawatha Circle and South Bayshore Drive; (b) Glencoe Street - Replace all broken and damaged sidewalk, curb and gutter on both sides and mill and resurface the entire width, curb to curb, between South Bayshore Court and South Bayshore Drive. City of Miami Page 10 of 13 Printed On: 8/9/2006 File Number: 06-00426mu Enactment Number: R-06-0404 13), Prior to the issuance of a building permit, the applicant shall submit a letter of approval of the proposed height from the Miami -Dade County Aviation Department. If no such approvals are granted, theteight of the proposed project shall be reduced to those heights referenced in the letter from Miami -Dade Aviation to the Planning Department dated July 7, 2005. 14) Pursuant to HEPB Resolution 2005-097, the applicant shall meet the following conditions: (a) Submit monthlyreports to the City of Miami during any archeological testing and monitoring activities to document the results of any finds; (b) Submit two final reports to the City of Miami within 90 days of completion\pf the archeological investigations and monitoring; (c) Submit a detailed archeological managernent or mitigation plan to the City of Miami prior to the commencement of any further archeological investigations or construction activities if significant archeological material is identified. 15) A development bonus to permit a mixed use of 14,313 square feet of floor area shall require a non-refundable payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot for a total of $177,479. 16) Property owners of the Hiawatha Development are prohibited from using the Unnumbered Lot for access, driveways or through_ streets for vehicular passage from the Condominium into or through the Fairview Subdivision or the public streets therein including South Bayshore Lane, East Fairview Street and West Fairview Street:,(Proffer beteen the Developr andthe Fairview eighbors) 17) Developer shall erect a fence`'.e,(no taller that 6 feet high) from the Hiawatha Avenue ul-de-sac along the Southwesterly property 'line bordering and paralleling the Fairview Subdivision. Developer shall also provide two (2), four (4)'•foot wide pedestrian gates (one at each end) located along this fence at the place where it intersects the Unnumbered Lot at the Northeasterly end of South Bayshore Lane located in the Fairview Subdivision, These four (4) foot wide gates shall have a spring loaded automatic closer that also automatically lock and an electronic key code pad on each side of the gates which code shall be provided to all of the'=property owners within the Fairview Subdivision. Developer agrees to include in the declaration of condominium for the Project that the maintenance, repairs and replacement (if applicable) of this fence, electronic gates, and easement area shall be the responsibility of the condominium association for the Project; provided, however Developer shall in no way be required to enforce the same nor shall Developer have any obligations or liability in the event the condominium association for the Project fails to maintain the same. (Proffer between the Developer and the Fairview Neighbors) 18) Developer shall in cooperation with the Fairview Neighbors petition the City of Miami (the "City") to dedicate that portion of the Unnumbered Lot (approximately 20ft. x 35ft.) as a mini -neighborhood public park. If such petition is successful, Devel'per agrees to donate as a gift to the City the following improvements to the Unnumbered Lot: (i) instal Landscaping (to be determined by Developer in its sole discretion, but no hedges shall be installed on the easement or the Unnumbered Lot); (ii) install one (1) exterior lighting pole (to be selected at Developer's sole discretion) (which shall go on automatically at dusk and off during the day); (iii) insffll one (1) park bench with backrest made of recycled poly vinyl materials; (iv) raise the elevation, grade, storm drain, and provide drainage as required by the City of Miami and/or Miami -Dade County (the "County"); (v) install new sod; (vi) install sprinklers; (vii) install one (1) outdoor water drinking fountain; (viii) install one (1) vinyl coated wire mesh trash bin; (ix) install one (1) plastic bag dispenser (for dog defecation clean-up); and (x) install one (1) small sign that instructs walkers of dogs to clean up after their dogs. Developer shall not be responsible for any of the maintenance, repairs, or replacements associated with the items required under this section. (Proffer between the Developer and the Fairview Neighbors) 19) Developer shall in cooperation with the Fairview Neighbors petition the City and the City City of Miami Page 11 of 13 Printed On: 8/9/2006 File Number: 06-00426mu Enactment Number: R-06-0404 Planning; & Parks Department to bring Steel Park numerous improvements. if such petition is successful Developer agrees to donate as a gift to the City the following improvements to Steel Park: (i) raising the height of the park's elevations and storm drains; (ii) adding several large shade trees; (iii) replacing and -Installing at least four (4) new eight (8) foot long picnic tables with attached benches and three (3) additional benches with back supports all made of recycled poly vinyl type materials; (iv) installing adequate sighting by adding at least four (4) automatic lights that turn on at dusk and turn off by 11:00 p.m; (v) installing three (3) vinyl coated wire mesh trash bins; (vi) installing three (3) plastic bag dispensers (for dog defecation clean-up); (vii) installing three (3) small signs that instructs walkers of dogs to clean up after their dogs; (viii) install sprinklers; and (ix) installing one (1) outdoor water drinking fountain. Developer agrees not to install any hedges within Steel Park. Developer shall not be responsible for any of to maintenance, repairs, and/or replacements associated with the items under this section. (Proffer between the Developer and the Fairview Neighbors) 20) Developer agrees that the Project shall have a maximum of nineteen (19) residential condominium units and three (3) -1 homes (plus three (3) additional R-1 homes adjacent to the project and located on East Glencoe Street). (Proffer between the Developer and the Fairview Neighbors) 21) Developer agrees to dig as many on site deep dry wells as are required by the City and County in order to provide maximum absorptiin of water and rain drainage to be kept on the Project's property and off of the Fairview Subdivision. These drainage dry wells shall also be incorporated into the site plans for the Project submitted to °°.the City's and County's Building and Permitting Departments, if applicable. (Proffer between the Developer and the Fairview Neighbors) 22) Developer agrees to that the above irihprovements shall be completed prior to the Developer receiving Certificates of Occupancy for its units within the Project, or within six months from the expiration of all appeal periods on the MSUP and Variance, whichever is earlier, provided closing on the acquisition of the property. (Proffer between the Developer and the Fairview Neighbors) 23) Within 90 days of the effective date of this Development Order, record a certified copy of the Development Order specifying that the Development Order r%ns 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 PROJCT, 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 of Miami Page 12 of 13 Printed On: 8/9/2006 File Number: 06-00426mu Enactment Number: R-06-0404 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 thjs 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. APPROVED AS TO FORT ND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {'I} If the Mayor does not sign this Resolution, it shalrNecome effective at the end of ten calendar days from the date it was passed and adopted. If the Mayon=vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 13 of 13 Printed On: 8/9/2006