HomeMy WebLinkAboutR-06-0482City of Miami
Legislation
Resolution: R-06-0482
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01053mu Final Action Date: 9/7/2006
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, TO BE LOCATED AT
APPROXIMATELY 1431-1451 NORTH BAYSHORE DRIVE AND 425 NORTHEAST
13TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 130-FOOT,
5-STORY HIGH RETAIL STRUCTURE TO BE COMPRISED OF 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 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 06-068 by a vote of seven to one
(7-1), recommending APPROVAL with conditions of the Major Use Special Permit Development Order
as hereinafter set forth, including 1) Applicant will provide signage to direct traffic toward North
Bayshore Drive; and 2) Recommend to the City Commission that there be no waiver of Chapter 36,
Section 36-6 (Noise Ordinance); 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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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 1431-1451
North Bayshore Drive and 425 NE 13th Street, Miami, 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 641,104 square feet of retail space; and
approximately 4,052 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 proposed SD-6 (Central Commercial 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 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.
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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.
III) Pedestrian Oriented Development:
(1) Promote pedestrian Yes *Yes
interaction;
(2) Design facades that Yes *Yes
respond primarily to the
human scale;
(3) Provide active, not blank Yes *Yes
facades. Where blank walls
are unavoidable, they should
receive design treatment.
IV) Streetscape and Open Space:
(1) Provide usable open space Yes *Yes
that allows for convenient and
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:
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(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:
(1) Design signage appropriate Yes *yes
for the scale and character of
the project and immediate
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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 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 $334,100,000, and to employ approximately
2,400 workers during construction (FTE-Full Time Employees); The project will also result in the
creation of approximately 1,725 permanent new jobs (FTE) and will generate approximately
$3,095,270 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
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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 June 8,
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 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
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City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit
for City Square Retail (MU-2006-021), (hereinafter referred to as the "PROJECT") to be located at
approximately 1431-1451 North Bayshore Drive and 425 NE 13th Street, Miami, Florida (see legal
description on "Exhibit A", attached and incorporated), is subject to any dedications, limitations,
restrictions, reservations or easements of record.
After due consideration of the recommendations of the Planning Advisory Board and after due
consideration of the consistency of this proposed development with the Miami Comprehensive
Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following
conditions approves the 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 1431-1451
North Bayshore Drive and 425 NE 13th 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 by reference). The remainder of the
PROJECT's Data Sheet is attached and incorporated as "Exhibit B".
The proposed PROJECT will be an approximate 130-foot, 5-story high retail structure to be
comprised of approximately 641,104 square feet of retail space; and approximately 4,052 total
parking spaces.
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 (2), for
non-residential uses involving in excess of two hundred thousand (200,000.) square feet of
floor area;
MAJOR USE SPECIAL PERMIT, 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 II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 6, Section 606.3.1, to allow erection of a new
building in SD-6, SD-6.1 Central Commercial -Residential Districts;
CLASS II SPECIAL PERMIT, as per Article 6, Section 606, Sub -Section 606.8.3 Open space
and residential recreational space, to allow residential recreational space conforming to "The
City of Miami Design Guides and Standards for Open Space and Residential Recreational
Space";
City of Miami
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CLASS II SPECIAL PERMIT, as per Article 9, Section 907.2 Open Space and Green Space
requirements; modifications as to location by Special Permit with contribution to trust fund,
Sub -Section 907.2.2.1, Open Space requirements for all zoning districts shall be provided as
set forth within this ordinance except as follows, to allow approximately 4,013 SF of Open
Space 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 Open
Space Trust Fund administered by the City of Miami as set forth in Chapter 62 of the City
Code, as amended,.
CLASS I SPECIAL PERMITS
CLASS I 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 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 ceremonies; any
more than two special events per year will be presented collectively by the Applicant for a
calendar approval not more than once per year to the City Commission for approval;
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 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 10.6, Sub -Section 10.6.3.6 (3) SD-6.1
Central Commercial -Residential District to allow temporary development sign;
The Applicant has agreed that NO WAIVER shall be permitted as recommended by the Planning
Advisory Board 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;
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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 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 Arquitectonica, dated May 23, 2006; the landscape plan shall be implemented
substantially in accordance with plans and design schematics on file prepared by EDAW, dated May
22, 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 SD-6 (Central Commercial
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.
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
APPLICANTS 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
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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 Miami -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) Insofar as this Major Use Special Permit includes the subordinate approval of a series of
Class I Special Permits for which specific details have not yet been developed or provided, the
applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and
detailed requirements for final review and approval of each one prior to the issuance of any of the
subordinate approvals required in order to carry out any of the requested activities and/or
improvements listed in this development order or captioned in the plans approved by it.
10) If the project is to be developed in phases, the Applicant shall submit an interim plan,
including a landscape plan, which addresses design details for the land occupying future phases of
this Project in the event that the future phases are not developed, said plan shall include a proposed
timetable and shall be subject to review and approval by the Planning Director.
11) Pursuant to design related comments received by the Planning Director, the applicant shall
meet the following conditions: (a) Develop NE 14th Street as a "public" street to provide for the
highest level of connectivity with neighboring CRA areas and future connectivity with the waterfront;
(b) Chamfer the southwest corner of the building to respond to the existing urban form of the
Performing Arts Center developed at the intersection of NE Bayshore and NE 13th Street; (c) Parallel
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parking shall be provided on all exterior streets in the public right-of-way; (d) Confirm the design and
implementation of the circular plaza on Bayshore Drive with the Public Works Department; (e) Provide
dimensions of all vehicular entries and curb cuts in this project; (f) The proposed facade treatment of
awnings, grilles, louvers and commercial panels, etc. shall be developed and refined to provide a
more proper human scale and all of which shall be reduced in size and scale, and be further
articulated; (g) Confirm the use and size of large-scale advertisement panels with the Zoning
Department; The quantity and locations of signage in the project is excessive and does not meet
current Zoning Code; all signage will be lawful; (h) Provide architectural treatment or a rooftop garden
on the top floor of the parking garage, as it will be highly visible from the surrounding high-rise
buildings and ensure that all cars on the top level of the garage will be hidden from view from above;
(i) Provide a second floor retail liner along the interior street to create a more dynamic and active
retail space, and will enhance the experience of the interior street; (j) Reduce the width of the truck
loading entrance and exit to the minimum permitted by zoning and detail these entrances and exits so
that 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 a more
continuous pedestrian realm; (I) All landscaping and streetscaping must conform to the Performing
Arts Center and the Omni streetscape guidelines, and should reflect the existing streetscape
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 Bayshore Drive; (n) Articulate the
pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas with vehicles
rising to the sidewalk; (o) A final landscape plan shall be submitted for review and approval of the
Planning Director prior to the issuance of a building permit; (p) The Applicant will provide directional
signage at the project parking garage to direct outbound motorists to the South to NE 14th Street. (q)
Conditions "a" through "p" shall require that the revised plans be submitted for review and approval of
the Planning Director demonstrating compliance with the above conditions prior to the issuance of a
building permit.
12) Pursuant to comments by the City of Miami Public Works Department, the following conditions
shall be required of the applicant: (a) Replatting of the property will be required to remove the platted
asements; and that the following street improvements shall be required: (b) North Bayshore Drive -
Construct new concrete sidewalk, curb and gutter adjacent to the project site and replace damaged
median curbs adjacent to the project site. Mill and resurface the entire width, curb to curb, between
NE 13th Street and NE 15th 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 ad gutter damaged by their operations adjacent to the Prforming Arts Center; (c)
Herald Plaza - Replace all damage and broken sidewalk, curb and gutter on both sides of the
roadway adjacent to the project site. Construct new sidewalk and curb and gutter following the
25-foot corner radius. Mill and resurface the entire width, curb to curb, adjacent to the project site.
Approval from the Public Works Director is required for the proposed street brick work and a
maintenance covenant shall be required for the non-standard improvements in the right of way.
Coordinate the proposed improvements with the Knight Ridder projects; (d) NE 15th Street - Replace
damaged sidewalk, curb and gutter adjacent to the project site; (e) NE 13th Street - Coordinate the
replacement of damaged sidewalk, curb and gutter and any pavement restoration with the Florida
Department of Transportation; (f) NE 14th Street - closures of this street shall only be effectuated by
Class I Special Permit in accordance with Articles 9, 13 and 14 of the City of Miami Zoning Ordinance,
as amended. The Applicant may request additional special permits, besides those which can be
issued by the Zoning Administrator, under this subsection from the City Commission.
13) Pursuant to comments by the City of Miami Transportation Department, the following
conditions shall be required of the applicant: (a) For the proposed traffic signal at NE 14th
City of Miami
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Terrace/North Bayshore Drive intersection, the Applicant shall contact the appropriate local agencies
to secure the formal approval and that the approval document shall be submitted to the City staff for
review prior to tendering the project to the Planning Advisory Board; (b) Applicant shall submit the
relevant document showing the hours of operation and circulation of the delivery and service trucks of
the Miami Herald printing facility around the project vicinity.
14) 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.
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 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.
Footnotes:
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{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 13 of 13 File Id: 06-01053mu (Version: 3) Printed On: 2/10/2017