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Resolution
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Miami, FL 33133
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File umber: 06-ii0601mu Final Action Date:
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 BRICKELL VIEW TERRACE PROJECT, TO BE LOCATED
AT APPROXIMATELY 936 AND 940 SOUTHWEST 1ST AVENUE AND 110
SOUTHWEST 9TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN
APPROXIMATE 244-FOOT, 24-STORY HIGH MIXED -USE STRUCTURE TO BE
COMPRISED OF APPROXIMATELY 119 TOTAL MULTIFAMILY RESIDENTIAL
UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 400 SQUARE
FEET OF ACCESSORY RETAIL SPACE; AND APPROXIMATELY 268 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
❑ATE.
WHEREAS, on April 5, 2006, Tony Recio, Esquire, on behalf of East Little Havana Community
Development Corporation (referred to as "APPLICANT"), submitted a complete Application for Major
Use Special Permit for Brickell View Terrace (referred to as "PROJECT") pursuant to Articles 5, 9, 13
and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 936 and 940 SW
lst Avenue and 110 SW 9th Street, 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 cif Zoning Ordinance No. 11000, the Zoning Ordinance of the City of
Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on December 21, 2005 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on February 15, 2006, to consider the
proposed project and recommended APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 21, 2006 Item No. 7,
following an advertised public hearing, adopted Resolution No. PAB 06-061 by a vote of seven to zero
(7-0), recommending APPROVAL with conditions of the 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 Major Use Special Permit Development Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miami
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File Number.. 06-00607ru
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, located at approximately 936 and 940
SW 1st Avenue and 110 SW 9th Street, Miami, Florida, more particularly described on "Exhibit A,"
attached and incorporated,
Section 3. The PROJECT is approved for the construction of an approximate 244-foot, 24
-story high mixed use structure to be comprised of approximately 119 total multifamily residential units
with recreational amenities; approximately 400 square feet of accessory retail space; and
approximately 268 total parking spaces; providing for certain floor area ratio ("FAR") bonuses.
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 R-4 (Multifamily High -Density Residential) zoning
classifications 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
properties;
(3) Buildings on corner lots Yes *Yes
should be oriented to the corner
and public street fronts.
Cita. of Miami
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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.
HI) 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
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
City of Mianu
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vehicular safety to minimize
conflict points;
(2) Minimize the number and 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.
*Yes
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, andior 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
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feature to the building facade,
on and around landscape
areas, special budding 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 n/a *n/a
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform n/a *n!a
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 $64,978,363, and to employ approximately
109 workers during construction (FTE-Full Time Employees); The project will also result in the creation
of approximately 15 permanent new jobs (FTE) for building operations and will generate approximately
$350,255 annually in tax revenues to the City (2006 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the economy of the City;
(2) the PROJECT will efficiently use public transportation facilities;
(3) any potentially adverse effects of the PROJECT will be mitigated through compliance with
the conditions of this Major Use Special Permit;
(4) the PROJECT will favorably affect the need for people to find adequate housing reasonably
accessible to their places of employment;
City of Miami
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(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 April 5, 2006,
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
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 Drickell View Terrace (MU-2006-018), (hereinafter referred to as the "PROJECT") to be located at
approximately 936 and 940 SW 1st Avenue and 110 SW 9th Street, Miami, Florida (see legal
description on "Exhibit A", attached and incorporated), is subject to any dedications, limitations,
City of iami
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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 936 and 940
SW 1st Avenue and 110 SW 9th Street, Miami, Florida. The PROJECT is located on a gross lot area
of approximately 2.37± acres and a net lot area of approximately 1.38± 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 244-foot, 24-story high mixed use structure to be
comprised of approximately 119 total multifamily residential units with recreational amenities;
approximately 400 square feet of accessory retail space; and approximately 268 total parking spaces;
providing for certain floor area ratio ("FAR") bonuses.
The Major Use Special Permit Application for the PROJECT also encompasses the following lower
ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERMIT, 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)(c), to allow up to 20 % increase of floor area ratio, for an increase of approximately
35,518 square feet of floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (8) and ARTICLE 9,
Section 914, Sub -Section 914.2 F.A.R. and off-street parking bonuses for lots in vicinity of
Metrorail and Metromover; exceptions, to allow an increase of (10) percent of additional floor area
as a development bonus of approximately 17,759 square feet, when consistent with the Miami
Comprehensive Neighborhood Plan;
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub -Section 908.2, Access, to allow
driveways of width grater than 25 feet in this case a driveway width of 26 feet 4 inches;
CLASS II SPECIAL PERMIT, as per Article 9, Section 917.4 Class II Special Permits required for
substantial modification of existing facilities including ten or more spaces, to allow substantial
modification of existing parking facility including ten or more spaces;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 923, Sub -Section 923.2, Sub -Section
923.2.1. Reduction in stall dimensions by Class II Special Permit; criteria and limitations on
reductions, to allow reduction of two (2) loading berth dimensions as follows;
City of Miami
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Required
Proposed
Two (2) 12 feet wide x 35 feet long x 15 feet high
Four (4) 10 feet wide x 20 feet long x 15 feet high
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 ground breaking
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 commercial -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 10.5, Sub -Section 10.5.4.3, R-4
Multifamily High -Density Residential, Temporary Signs (3), to allow temporary development signs;
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 ail
the applicable criteria;
REQUEST for applicable MUSP conditions to be satisfied at the time of Shell Permit instead of at
issuance of Foundation Permit:
a) The requirement to record in the Public Records a Declaration of Covenants and Restrictions
providing that the ownership, operation and maintenance of all common areas and facilities will be by
the property owner or a mandatory property owner association; and
b) The requirement to record in the Public Records a unity of title or covenant in lieu of unity of title.
Pursuant to Articles 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.
City of Miami
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The PROJECT shall be constructed substantially in accordance with plans and design schematics
on file prepared by Perez & Perez Architects, signed and dated March 7, 2006; the landscape plan
shall be implemented substantially in accordance with plans and design schematics on file prepared by
Perez & Perez Architects, signed and dated March 7, 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 R-4 (Multifamily High -Density Residential)
zoning classifications, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of
Miami, Florida, as amended. The proposed comprehensive plan future and 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
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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
applicant shall provide the Planning Department with all subordinate Class l 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 ground level along SW 9th Street shall include active space; (b)
Illustrate in more detail the proposed children's play area enclosed by a solid wall along SW 9th Street;
(c) A final landscape plan by a registered landscape architect shall be submitted for review and
approval of the Planning Director prior to the issuance of a building permit; (d) Developer shall
continue to work with the adjacent Casa Grande building regarding parking for that development.
12) Pursuant to comments by the City of Miami Public Works Department, the applicant shall
meet the following conditions: (a) SW 9th Street - Replace all damaged and broken sidewalk, curb and
gutter on both sides of the street adjacent to the project site. Mill and resurface the entire width, curb
to curb, between SW 2nd Avenue and SW 1st Court; (b) SW 1st Court - Replace all broken and
damaged sidewalk, curb and gutter adjacent to the project site. Construct new sidewalk within the
25-foot required corner dedication area. Mill and resurface the entire width, curb to curb, between SW
9th Street and SW 10th Street; (d) SW lst Court - The existing Banyan Tree on the southeast corner
of the project site shall be preserved. Construct new sidewalk, curb and gutter on the north side of the
street adjacent to the project site located as to avoid damage to the tree root system. Replace all
damaged sidewalk, curb and gutter on the remainder of the street adjacent to the project site. Mill and
resurface the entire width, curb to curb, between SW 2nd Avenue and SW 1st Court.
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
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File Number: 06-00601ru
from Miami -Dade Aviation to the Planning Department dated December 9, 2005.
14) Pursuant to HEPB Resolution 2005-031, the applicant shall meet the following conditions:
(a) A phase 1 archeological assessment prior to construction and archeological monitoring during
ground disturbing activity shall be provided in accordance with the management plan submitted by the
Archaeological and Historical Conservancy, Inc.; (b) The Preservation Officer shall be notified prior to
construction activities and in the event of a significant discovery, as per the management plan
submitted; (c) Any archeological sites or features uncovered during construction will be fully
documented by the consultant archeologist; (d) A final report shall be submitted to the Preservation
Officer documenting the results of this investigation.
15) 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 faciliies; and
(3) the PROJECT will favorbly affect the need fo 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.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
City of Miami
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Foctno tes :
{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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