HomeMy WebLinkAboutPAB LegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan
American Drive
Miami, FL 33133
www.miamiaov.com
File Number: 06-01053mu Final Action Date:
CONSIDERATION OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL
PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE
NO. 11000, AS AMENDED, FOR THE CITY SQUARE RETAIL PROJECT (MU-2006-
021), TO BE LOCATED AT APPROXIMATELY 1431-1451 NORTH BAYSHORE
DRIVE AND 425 NORTHEAST 13TH STREET, MIAMI, FLORIDA, CONSTRUCT AN
APPROXIMATE 130-FOOT, 5-STORY HIGH RETAIL STRUCTURE TO BE
COMPRISED APPROXIMATELY 641,104 SQUARE FEET OF RETAIL SPACE; AND
APPROXIMATELY 4,052 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL;
MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING
FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on June 8, 2006, Ben Fernandez, Esquire, on behalf of Knight-
Ridder, Inc., Successor by merger to Miami Herald Newspaper, Inc. and Miami Herald
Publishing Company (referred to as "APPLICANT"), submitted a complete Application for
Major Use Special Permit for City Square Retail (MU-2006-021) (referred to as
"PROJECT") pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, for the
properties located at approximately 1431-1451 North Bayshore Drive and 425 NE 13th
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 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 May 10, 2006 to
consider the proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on May 17, 2006, to
consider the proposed project and recommended APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 5,
2006 Item No. 5, following an advertised public hearing, adopted Resolution No, PAB
by a vote of --- to --- (*-*), recommending ------- with conditions as presented in the Major
Use Special Permit Development Order as attached and incorporated; and
WHEREAS, the City Commission deems it advisable and in the best interest of
the general welfare of the City of Miami to issue a Major Use Special Permit
Development Order as hereinafter set forth;
Cry of Miami /''age l q/ /3 Printed Qn 6/30/2006
File Numbmc06-0/V53mu
NOW, THEREFORE, BE|TRESOLVED BYTHE COMMISSION OFTHE CITY
OF K0k4Mi 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. AMajor Usw Special Permit Development Order, incorporated
vvithin, is approved subject to the conditions specified in the Development Order. per
Article 170fZoning Ordinance No. 11000.for the PROJECT tobedeveloped bxthe
applicant, located at approximately 1431-1451 North Bayahore Drive and 425 NE 13th
Street, K8ionni. Florida, more particularly described on "Exhibit A." attached and
incorporated.
Section 3. The PROJECT is approved for the construction of an approximate
130-foot. 5-story high retail structure to be comprised of approximately 041.104 square
feet 0fretail apooe-,and approximately 4.O52total parking spaces.
Section 4. The Major Use8pmcia|Pennk/\po/iomdVnfordheProject also
encompasses the lower ranking Special Permits as set forth inthe Development Order.
Section 5. The findings of fact set forth below are made with respect to the
subject PROJECT:
o. The PROJECT is in conformity with the adopted Miami Comprehensive
Neighborhood Plan, as amended.
b� The PROJECT is in accord with the proposed S(]'0 (Central Commercial
Residential) zoning classification of Zoning Ordinance No. 11000. the Zoning Ordinance Of
the City of Miami, Florida, GS amended.
c Pursuant to Section 13O5.2Ofthe Zoning Ordinance, the specific site plan
aspects of the PROJECT that have been found by the City Commission (based upon
facts and reports prepared mrsubmitted bystaff orothers) toadhere tothe following
Design Review Criteria subject tothe any applicable conditions inthe Development
Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
|) Site and Urban Planning:
(1) Respond tnthe nhvaiom| Yea *Yes
contextual environment taking
into consideration urban form
and natural feeturea�
.
(2) Siting should minimize the Yes *Yes
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties-,
(3) Buildings oncorner lots Yes *Yes
should be oriented to the corner
and public street fronts.
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11) Architecture and Landscape Architecture:
(1)Aproject ohoUbedesignad Yes *Yes
to comply with all applicable
landscape ordinances;
(2)Respond tOthe neighborhood Yes *Yes
oo����
.
(3)Create mtransition inbulk Yes "Y80
and scale;
.
(4) Use architectural styles Yes *Yes
and details (such oaroof lines
and Nanmstration).colors and
materials derivative from
surrounding area;
(5)Artiou|mte the building facade Yea *Yes
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
111) Pedestrian Oriented Development:
(1)Pnnnnohe pedestrian Yes *Yes
interaction;
(2) Design facades that Yes *Yes
respond primarily tothe
human aca|e-
.
(8) Provide active, not blank Yes *Yes
facades. Where blank walls
are unavoidable, they should
receive design treatment.
IV) Gtreetscmpeand Open Space:
(1) Provide usable open space Yea *Yes
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant Yea *Yes
nnaterio|, tnaUieeo, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
V)Vehicular Access and Parking:
U\Design foroedmsthanand
vehicular safety to minimize
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File Number 06-0053n
conflict points"
(2) Minimize the number and Yes *Yes
width of driveways and curb
cuts;
CBParking adjacent tomstreet Yes *Yea
front should beminimized and
where possible should be
located behind the building;
(4)Use surface parking areas You *Yes
as district buffer.
VI) Screening:
(1) Provide landscaping that Yes ^Y8S
screen undesirable elements,
such ausurface parking lots,
and that enhances space and
architecture;
(2) Building sites should locate Yes *Yes
service elements like trash
dunnmebar. loading docks, and
mechanical equipment away
from street front where possible.
When elements such as
dunnpaters, utility meters,
mechanical units and service
areas cannot belocated away
from the street front they should
besituated and screened from
view tostreet 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.
VI|)0 nageandLighting:
(1)Design si nageapprophahe Yes *Yes
for the auo|e and character of
the project andinnnnediate
neighborhood-,
/2\Provide lighting oaodesign Yes *Yes
feature tothe building facade,
onand around landscape
areaa, special building or
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site features, and/or s' nm0e;
(3) Orient outside lighting ho Yee *Yes
minimize g|mna to adjacent
properties;
WU Provide visible si nage Yes ~Yes
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
VIU) Preservation of Natural Features:
(1) Preserve existing vegetation Yes *Yes
and/or geological features
whenever possible.
IX) Modification of Nonconformities:
(1) For modifications of O/a ^n/a
nonconforming structures,
nVincrease inthe degree of
nonconformity shall be
allowed;
/2\Modifications that conform n/a °n/m
tocurrent regulations shall be
designed tVconform tothe scale
and context ofthe nonconforming
structure.
*Compliance is subject to conditions.
These findings have been made bvthe City Commission toapprove this projectvvkh
d. The PROJECT is expected tocost approximately $334.1OO.00O. and to
employ approximately 2,400 workers during construction (FTE-Full Time Employees);
The project vviUm|aoraou|tintheoreadonofmpppoxinnote|y1.725pmrnnanentnexvjobn
(FTE) and will generate approximately $3,095,270 annually in tax revenues to the City
(2008dVU@rs).
e. The City Commission further finds that:
(1) the PROJECT will have afavorable impact 0n the economy nfthe
Chv�'
�`
/2i the PROJECT will efficiently use public transportation facilities;
(3) any potentially adverse effects ofthe PROJECT will bemitigated
through compliance with the conditions of this Major Use8pecia|Pernnit;
(4) the PROJECT will favorably affect the need for people t0find
adequate housing reasonably accessible tntheir places Cfgnnp|0ynneDt-,
(5) the PROJECT will efficiently use necessary public facilities;
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(0) the PROJECT will not negatively impact the environment and
natural resources ofthe City;
(7) the PROJECT will not adversely affect living conditions inthe
neighborhood;
(8) the PROJECT will not adversely affect public safety;
(9) based onthe 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 Vfthis Major Use Special Permit.
Section 8. The Major Use Special Permit, as apand 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 June U. 2006. and on file with the Planning Department of the City of
K8i@Dni' Florida, shall be relied upon generally for administrative interpretations and is
incorporated by reference.
SeotionO. The City Manager iadirected toinstruct the Planning Director tn
transmit a copy of this Resolution and attachment to the APPLICANT.
OendonS. The Findings of Fact and Conclusions mfLaw are made with
respect to the Project as described in the Development Order for the PROJECT,
incorporated within.
Section1O. The Major Use Special Permit Development Order for the
PROJECT is granted and issued.
Section 11, In the evert that any portion or aeodun of this Resolution or the
Development Order is determined to be invalid, illegal, or unconstitutional by court or
agency ofcompetent jurisdiction, such decision shall innomanner affect the remaining
portions of this Resolution or Development Order which ohmU remain in full force and
effect.
Section 12. The provisions approved for this Major UseSpeoia|P*nnk.aa
approved, shall commence and become operative thirty (30) days after the adoption of
the Resolution.
Section 13. This Major Use Special Pennh. aaapproved, ohoU 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 toArticles 13 and 17 of Ordinance No. 11000. the
Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"),
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the Commission of the City of K8imnni. Florida, has considered in a public heahng, the
issuance ofaMajor UaeGpecia|PennitforCitvSquamyRetai|/yNU-2OOO'021>.
(hereinafter referred to as the "PROJECT") to be located at approximately 1431-1451
North BmyahoneDrive and 425NE 13thStnaet. K8iGnni. Florida (see legal description on
"Exhibit A", attached and )nCorpur@ted\, is subject to any dedications, |innitodOna.
restrictions, reservations or easements of record.
After due consideration of the recommendations of the Planning Advisory Board
and after due consideration ofthe consistency of this proposed development with the
Miami Comprehensive Neighborhood Plan, the City Commission has approved the
PROJECT, and subject tothe following conditions approves the Major Use Special
Permit and issues this Permit:
FINDINGS OFFACT
PROJECT DESCRIPTION:
The proposed PROJECT iaomixed use development tobelocated et
approximately 1431-1451 North BmyahoreDrive and 425NE 13Kh Street, Miami, Florida.
The PROJECT is located on a gross lot area of approximately 9.06± acres and a net lot
area of approximately 6.35± acres of land (more specifically described on "Exhibit A",
incorporated herein byrefenanoe). The remainder of the PFtOJECT'sData Sheet is
attached and incorporated aa"Exhibit B"
The proposed PROJECT will beonapproximate 13O-foot.5-atoryhigh retail
structure b»becomprised of approximately O41.104square feet ofretail space; and
approximately 4.O52 total parking spaces.
The Major UseGpecia|PemmitAoo|iombonforthePR[}JECTm|ooenoonnpmmmea
the following lower ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERM|T, as per Article 17. Section 1701. Definition (2),
for non-residential uses involving in excess of two hundred thousand (200.000]
square feet of floor area;
MAJOR USE SPECIAL PER/N|T, as per Article 17. Section 1701. Definition (7),
to allow any single use or combination of uses requiring or proposing to provide
in excess of five hundred (500) off-street parking spaces;
CLASS NSPECIAL PERMITS
CL/\S8|| SPECIAL PERMIT, osper Article 0.Section 0O8.3.1.toallow erection
of a new building in SD-6, SD-6.1 Central Commercial -Residential Districts;
CLASS || SPECIAL PERMIT, amper Article 0. 8eotionOO8. Sub-SectionOO6.8.3
Open space and residential recreational space, toallow residential recreational
space conforming to ''The City of Miami Design Guides and Standards for Open
Space and Residential Recreational Space";
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CLASS || SPECIAL PERK8|T, as per Article 9. Section 9072 [)pen Space and
Green Space requirements; modifications as to location by Special Permit with
contribution to trust fund. Sub -Section 907.2.2.1. {)pen Space requirements for
all zoning districts shall be provided as opt forth within this ordinance except as
h»Uovva, to mUoxv approximately 4.013 SF of Open 8poma area required to be
relocated or waived by making a non-refundable developer contribution of $
50.00 per square foot of approximately $ 200.650.00 to the Parks and (]pen
Space Trust Fund administered bythe City of Miami osset forth inChapter O2of
the City Code, aaannended..
CLASS USPECIAL PERMITS
CLASS | SPECIAL PERMIT, as per. Article S. Section 827. Temporary
ntructunea, 000upanoiem, and uses during oonstruction, criteria for special
parnnita, to mUovv temporary atructunes, 000upanciea, and uses reasonably
necessary for construction such anconstruction fence, covered walkway and if
encroaching public property must be approved by other city departments;
CLASS | SPECIAL PERMIT, as per, Article 0. Section 908. Sub-SectionSO0.9.
Temporary special events; special permits; chbaho, to allow temporary marnivm|,
fesbva|, hair or similar type event on privately owned or City -owned land such as
a ground breaking ceremonies;
CLASS | SPECIAL PERMIT, maper, Article 9. Section 916. Sub -Section 81021.
Temporary special event parking, to m|kow/ parking for temporary special event
such magroundbreaking ceremonies;
CLASS | SPECIAL PERMIT, amper, Article S. Secti0nS18. Sub-SectionG18.2.
Temporary Off-street offsite parking for construction crevvo, ordeha, to aU0vv
temporary off-street offsite parking for construction orevvo working on a
commercial -residential project underconotrucdon;
CLASS | SPECIAL PERMIT, aaper, Article 9. GeotionS2O. Sub-Section83O.1.2.
Limitations on occupancy ofmobile honnea, to allow parking of mobile honnea,
trailers or manufactured hVnnes, when authorized for security orother purposes
in connection with land development such as construction trailer(s) and other
temporary construction offices such oswatchman's quarters, leasing and am|ea
centers,,
CLASS | SPECIAL PERMIT, as per Article 10' Section 10.6. Sub -Section
10.8.16 (3) SO-O] Central Commercial -Residential District to allow temporary
development sign;
REQUEST, for waiver ofChapter 3O Noise. Section 30'6 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 tuSection 30'0(c)and all the applicable criteria;
Cil.y of Miami
File Number 00fJ1053nx/
REQUEST for applicable (NUSPconditions tobesatisfied at the time ofShell Permit
instead of at issuance of Foundation Permit:
o)The requirement torecord inthe Public Records aDeclaration ofCovenants
and Restrictions providing that the ownership, operation and maintenance ofall common
areas and facilities will bebythe property owner oramandatory 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 toArticles 13and 17ofZoning Ordinance 110OO.approval ofthe
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
bythe City which may berequired tocarry out the requested plans.
The PROJECT shall be constructed substantially in accordance with plans and
design schematics on file prepared bvAroubectonica. dated May 23. 3006" the
landscape plan shall be implemented substantially in accordance with plans and design
schematics onfile prepared by ED/V&/. doted Moy22. 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 @ppnOVa| of the Planning Director prior to the iSSWaOCe of any building permits; and
The PROJECT conforms tothe requirements ofthe proposed 8O-O(Central
Commercial Residential) zoning dasshDcation, 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.
C0NO|T|C>NG
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY [)R
SEVERALLY, PRIOR TOTHE ISSUANCE C)FANY BUILDING PERMITS, SHALL
COMPLY WITH THE FOLLOWING:
1) Meet all applicable building codes, land development reOu|mdon8, ordinances
and other laws and pay all applicable fees due prior to the issuance of a building permit.
2\Allow the &0ionni Police Department to conduct a security aurvey, edthe option
of the Department, and to make recommendations concerning security measures and
systems; further submit a report to the Planning [}epartnnent, prior to commencement of
oonotructi0n, demonstrating how the Police Department nscomnnendadVnu, if any, have
been, incorporated into the PROJECT security and construction plans, ordemonstrate 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
neaponSibi|ib/, building development process and review procedures, as well as specific
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requirements for fire protection and life safety syshnnns, exiting, vehicular access and
vv@b*r supply.
4)Obtain approval from, Vrprovide a letter ofassurance from the Department of
Solid Waste that the PROJECT has addressed all concerns ofthe said Department prior
to the obtainment of 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 /\ffmira
and Procurement Program as a guide.
O\ Record the following in the Public Records 0fDade County, Florida, prior to
the issuance of Temporary Certificate of Occupancy or Certificate of Occupancy, G
Declaration ofCovenants 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 inperpetuity,
7) Prior to the kSSV@nce of shell pennh, provide the City with @ recorded copy of
the &4U8P permit resolution and development order, and further, an exeouted, record
able unity of title or covenant in lieu of unity of title agreement for the subject property;
said agreement shall besubject tothe review and approval Vfthe City Attorney'aOffice.
0\ Provide the Planning Department with m temporary construction plan that
includes the following: m temporary construction perking p|an, 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 bythe Planning Department prior to the issuance ofany 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 toasuspension orrevocation of this Major UueSpaoia|ParmiL
{A|neofar aothis Major Use@pecia|Pennbino|udesthesubunJinmtempprovm|of
a series of Class | Special Permits for which specific details have not vet been
developed or provided, the applicant shall provide the Planning Department with all
subordinate Class ] 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 orcaptioned inthe plans approved byit.
10\|fthe projectiotwbedeveloped inphases, the Applicant shall submit on
interim p|an, including a landscape p|an, which addresses design details for the land
occupying future phases ofthis Project intheevert that the future phases are not
developed, said plan shall include aproposed timetable and shall besubject to review
and approval by the Planning Director.
11\Pursuant h7design ro|at*doomnnenbsroceivedbvUheP1anningOirector, the
applicant shall meet the following conditions: (a) Develop NE 14th Street as a "public"
street b}provide for the highest leve|ofnonneotk/h«vvithneighbVhngCRAomaooand
future connectivity with the waterfront; (b) Chamfer the southwest corner of the building
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to respond to the existing urban form of the Performing Arts Center developed at the
intersection ofNE Bayshoneand NE13"'Street; (c)Parallel parking shall baprovided on
all exterior streets; (d) Confirm the design and implementation of the circular plaza on
Bayahone Drive with the Public Works Department; (e) Provide dimensions of all
vehicular entries and curb cuts inthis project; Ul[-heprDpmeadfGg@detremtment0f
@vvninQG. grilles, louvers and commercial panels, etc. shall bedeveloped and refined to
provide a more proper human scale and all of which shall be reduced in size and scale,
and befurther articulated; (g) Confirm the use and size oflarge-scale advertisement
panels with the Zoning Department; The quantity and locations mfoign@QeiDthe project
is excessive and does not meet current Zoning Code; (h) Provide architectural treatment
V[Grooftop garden pDthe top floor ofthe parking garage, 3Sitwill behighly visible from
the surrounding high-rise buildings and ensure that all cars mnthe top level ofthe garage
will be hidden from view from above; (i) Provide a S8C0Od floor retail liner along the
interior street t0create amore dynamic and active retail space, and will enhance the
experience of the interior street; U\ Reduce the width of the truck loading entrance and
exit tDthe minimum permitted byzoning and detail these entrances and exits sOthat the
building frontage, streetscape, and pedestrian realm of the sidewalk are as continuous
as possible; (k) Provide additional details of the treatment of the loading space located
off of Herald Plaza and if possible, this loading space should be relocated so that Herald
Plaza has amore continuous pedestrian realm; (|) All landscaping and streStSCopin0
must conform to the Performing Arts Center and the Omni streetscape guidelines, and
should reflect the existing atm*etac@pe improvements that are located in the right of way.
(m) Provide shade trees and landscaping along Herald Plaza in the same manner as
proposed along North Bay0hore Drive; (n)ArtiCu|ate the pedestrian sidewalk tOgive
dominance to the pedestrian realm over the vehicular areas with vehicles rising tOthe
sidewalk; (o) A final landscape plan shall be submitted for review and approval of the
Planning Director prior t0the issuance DfGbuilding permit; /p\Conditions "8"th[U"O"
shall require that the revised plans be submitted for review and approval of the Planning
Director demonstrating compliance with the above conditions prior tothe issuance of
building permit.
12) Pursuant to comments by the City of Miami Public Works Department, the
following conditions Sh@U be required of the applicant: /u\ Replatting of the property will
be required to remove the platted easements; and that the following street improvements
shall b8required: (b)North B@yohoFeDrive — Construct new concrete sidewalk, curb and
gutter adjacent tothe project aitamndrap|aoedmmmOedmedimncurbaodiacenttotha
project site. K8iii and resurface the entire width, curb to curb, between NE13m Street
and NE15"'Street. Coordinate final pavement restoration with the Performing Arts
Center and City Square Residential projects. The contractor shall also be responsible to
replace any sidewalk, curb and gutter damaged by their operations adjacent to the
Performing Arts Center; /c\ Herald Plaza —Replace all damaged and broken Sidevva)k,
curb and gutter VOboth sides ofthe roadway adjacent tothe project Site. Construct new
Sidexx8|h and curb and gutter following the 25-foot corner radius. K8i/| and resurface the
entire width, curb to curb, adjacent tVthe project site. Approval from the Public Works
Director is required for the proposed street brick work and a maintenance covenant shall
berequired for the non-standard improvements inthe right mfway. Coordinate the
proposed improvements with the Knight Ridderprojects;m /d) N� 1� Streed— Replace
danOGQ�dSi��vv�(kCurb8ndQU��r�diGmanttotheproject s\te�/e\yJE�13 mStreet—
COOndiD@tetherep|oCmmentnfdmmagedeidexxa|k,curbandgutteraDdanypaveOUent
restoration with the Florida Department ofTransportation.
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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 May 4, 2006.
14) 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.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
..Footnote
City of Miami
Page 12 of 1 Printed On: 6/30/2006
File Number: 06-01053rnu
{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 qf Miami
Page 13 of 13 Printed On: 6/30/2006