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Resolution
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3500 Pan
American Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-00615mu 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 MIAMI RIVER RAPIDS PROJECT (MU-2006-020), TO BE LOCATED AT
APPROXIMATELY 1701, 1801, 1825 AND 1851 DELAWARE PARKWAY AND 2990
NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, CONSTRUCT AN A FOUR
BUILDING MIXED USE DEVELOPMENT RANGING IN HEIGHT FROM
APPROXIMATELY 115 FEET TO 143 FEET TO BE COMPRISED OF
APPROXIMATELY 1,590 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH
RECREATIONAL AMENITIES; APPROXIMATELY 65,852 SQUARE FEET OF RETAIL
AND RESTAURANT SPACE; AND APPROXIMATELY 2,200 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 April 7, 2006, Simon Ferro, Esquire, on behalf of A+ Mini Storage
Airport East, LLC (referred to as "APPLICANT"), submitted a complete Application for
Major Use Special Permit for Miami River Rapids (MU-2006-020) (referred to as
"PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the
properties located at approximately 1701, 1801, 1825 and 1851 Delaware Parkway and
2990 NW South River Drive, 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 October 19, 2005
to consider the proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on January 18, 2006, to
consider the proposed project and recommended APPROVAL; and
WHEREAS, the Miami Zoning Board, at its meeting held on May 22, 2006, Item
No. 2, following an advertised public hearing, recommendation of APPROVAL passed
(Reso. ZB-06-1180), by a vote of seven to zero (7-0); and
WHEREAS, the Miami Zoning Board, at its meeting held on May 22, 2006, Item
No. 3, following an advertised public hearing, recommendation of APPROVAL passed
(Reso. ZB-06-1181), by a vote of five to two (5-2); and
('iry of Miami
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File Number 00-006/5mu
WHEREAS, the K8imnni Planning Advisory 8omrd, at its meeting held on June 21.
2000 Item No. O.foUmwing an advertised public hearing, adopted Resolution No. P8B^-°
by a vote of -- to -- (*-*). recommending --xvith conditions as presented in the Major
Use Special Permit Development Order oaattached 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;
NOW, THEREFORE, BE|TRESOLVED BYTHE COMMISSION {}FTHE CITY
OF MIAMI, FLORIDA:
Section 1. The nacbm|s 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 Pmnnd Development Order, incorporated
vvithin, is approved subject k)the conditions specified in the Development Order, per
Article 17ofZoning Ordinance No, 11OOO.for the project tobmdeve|opadbvthe
APPLICANT, located at approximately 1701. 1801. 1825and 1851 Delaware Parkway
and 2900 NVVSouth River Drive, yNianDi. Florida, more particularly described on
"Exhibit A.^attached and incorporated.
Section 3. The PROJECT is approved for the construction ofGfour building
mixed use development ranging in height from approximately 115 feet to 143feet to be
comprised of approximately 1.590 total rnu|dfanni|y residential units with recreational
amenities; approximately 65.852 square feet of retail and restaurant space; and
approximately 2.200 total parking spaces; providing for certain Moor 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.
Gection5. The findings offact set forth below are made with respect tothe
subject PROJECT:
m. The PROJECT iainconformity with the adopted Miami Comprehensive
Neighborhood P|an, as amended.
b The PROJECT is in accord with the proposed C-1 (Restricted Commercial)
and C-2 (General Commercial) zoning classifications of Zoning Ordinance No. 11000, the
Zoning Ordinance of the City of Miami, Florida, as amended.
C. Pursuant to Section 13052 of the Zoning Ordinmnce, 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 tothe any applicable conditions inthe Development
Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
|) Site and Urban P|anninq:
(1) Respond tothe physical
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File Number 00+70h15mu
contextual environment taking
into consideration urban form
and natural femtures�
.
/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,
11) Architecture and Landscape Architecture:
(1)Aproject ohaUbadesigned Yes *Yes
tocomply with all applicable
landscape ordinances;
(2)Respond tuthe neighborhood Yes *Yes
context;
(3)C[eahe a transition inbulk Yes *Yes
and scale;
.
(4) Use architectural styles Yes *Yes
and details (such maroof lines
and fenestredon).colors and
materials derivative from
surrounding area;
(5) Articulate the building facade Yea *Yes
vertically and horizontally in
intervals that conform tothe
existing structures in the vicinity.
U|)Pedestrian Oriented Development:
/1>Promote pedestrian
interaction;
CZ> Design facades that
respond primarilyhzthe
human scale;
.
(3) Provide active, not blank
facades. Where blank walls
are unavoidable, they should
receive design treatment.
Yes
Yes
Yes
|V) Strestsmapeand Open Space:
*Yes
*Yes
*Yes
(1) Provide usable open space Yee *Yes
that allows for convenient and
visible pedestrian access from
the public sidewalk;
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(2)Landscaping, indudingcJart Yes *Yes
nnahehG[ tnaUises, special
pmvennento, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
V) Vehicular Access and Parking:
(1)Design forpedeatrimnand Yes *Yes
vehicular safety to minimize
conflict points;
(2)Minimize the number and Yes ~Yes
width nfdriveways and curb
cuts;
(3) Parking adjacent to a ntpea{ Yea *Yes
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas Yes *Yes
asdistrict buffer.
V|)8c[eonin-q:
(1) Provide landscaping that Yes *Yes
screen undesirable e|ennenbs,
such aasurface parking lots,
and that enhances space and
architecture;
(2)Building sites should locate Yes *Yes
service elements like trash
dunnpoter.loading docks, and
mechanical equipment away
from street front where possible.
When elements such aS
dunnpatero, utility nnetena,
mechanical units and service
areas cannot belocated away
from the street front they should
besituated and screened from
view to street and ocUmcen\
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.
City of Miami
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File Number 0Of700/5nm
VU)8iqnoqeand Uqhdng:
(1) Design signGgeapprophahs Yes *Yes
for the scale and character cf
the project and immediate
neighborhood;
/2\Provide lighting aoodesign Yes *Yes
feature tothe building facade,
onand around landscape
mpeas, special building or
site features, and/orsignage;
(3) Orient outside lighting tV Yes *Yes
minimize glare to adjacent
properties;
(4) Provide visible oignoge Yes °Y8S
identifying building addresses
at the entranoe(a)goa
functional and aesthetic
consideration.
VU|) Preservation of Natural Features:
(1)Preserve existing vegetation Yes *Yes
and/or geological features
whenever possible.
IX) Modification of Nonconformities:
U\ For modifications of n/@ *n/a
nonconforming structures,
noincrease inthe degree of
nonconformity shall be
allowed;
(2) Modifications that cDnfD[nn n/a °n/a
tocurrent regulations shall be
designed toconform tothe scale
and context of the nonconforming
structure.
*Compliance is subject to conditions.
These findings have been made bvthe City Commission Uzapprove this project vvhh
d. The PROJECT iaexpected tocost approximately $Q57.53O.O43.and tn
employ approximately 475 workers during construction (FTE-Full Time Employees); The
project will also result in the creation of approximately 50 permanent new jobs (FTE) for
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building operations and will generate approximately $4.628.OD1 annually intax revenues
to the City /2000doUara>.
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the economy of the
Chv�.
�`
(2) the PROJECT will efficiently use public transportation facilities;
(3) any potentially adverse effects ofthe PROJECT will bemitigated
through compliance with the conditions ofthis Major Use Special Permit;
(4) the PROJECT will favorably affect the need for people tofind
adequate housing reasonably accessible to their places ofemployment;
(5) the PROJECT will efficiently use necessary public facilities;
(0) the PROJECT will not negatively impact the environment and
natural resources of the 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 ofthe PROJECT arising from
safety and security, fire protection and life safety, solid waste, heritage conservation,
trees, shoreline development, minority participation and ennp|oynnent, and minority
contractor/subcontractor participation will be mitigated through compliance with the
conditions of this Major Use Special Permit.
SectionO. The Major Use8pecia| Pennd, aaapproved and arnended, shall
bebinding upon the APPLICANT and any successors ininterest.
Section 7. The application for Major Use Special Permit, which was
submitted on April 7, 2006, and on file with the Planning Department of the City of
Mianni. 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 8. The Findings ofFact and Conclusions ofLaw are made with
respect to the Project asdescribed inthe Development Order for the PROJECT,
incorporated within.
@eC[iOO1O. The Major Us8Sia|PBrOUDeve|Opme[d[)rderforthe
PROJECT iSgranted and issued.
Section 11. |nthe event that any portion orsection ofthis Resolution orthe
Development Order is determined to be inva|id, illegal, or unconstitutional by G court or
agency ofcompetent jurisdiction, such decision shall innomanner affect the remaining
portions of this Resolution or Development Order which shall remain in full force and
Section12, 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.
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File Nunbor00-00O15mu
Section 13. This Major Use Special Pernnb, 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 [)njinonoe No. 11000,
the Zoning Ordinance of the City ofMiami, Florida, as amended (the "Zoning
Ordinance"), the Commission of the City Of Miami, Florida, has considered in a public
hearing, the issuance ofaMajor UseGpecia|Pernnith)rN1iammiRiverFKapids(K8U-2OOO-
O2O). (hereinafter referred to as the "PR[)JECT")to be located at approximately 1701.
1OO1.1825and 1851 Delaware Parkway and 2S0ONVVSouth River Drive, Miami,
Florida (see legal description on "Exhibit A", attached and inoorporated), 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 cf the consistency ofthis 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 {]FFACT
PROJECT DESCRIPTION:
The proposed PROJECT iommixed use development tobelocated ed
approximately 17O1.18O1. 1825and 1851 Delaware Parkway and 2SSONVVSouth River
Drive. K8imnni, Florida. The PROJECT is located on o gross lot area of approximately
15.15t acres and a net lot area of approximately 12.05± acres of land (more specifically
described Vn"Exhibit A''.incorporated herein bypeference). The remainder Ofthe
PROJECT'sData Sheet iSattached and incorporated on"Exhibit B"
The proposed PROJECT will be an a four building mixed use development ranging
inheight from approximately 115feet to143feet Uzbecomprised ofapproximately 1.590
total multifamily residential units with recreational amenities; approximately 65.852 square
feet of retail and restaurant space; and approximately 2.200tota| parking spaces;
providing for certain floor area ratio ("FAR^)bonuses.
The Major Uae8pecia|PemnbAoo|icadonforthmPROJECTa|soencompaamao
the following lower ranking Special Permits:
MAJOR USE SPECIAL PERMITS
K8U8P.aaper Article 17.Section 17O1.Definition (8)and Article 8.Section S14.Sub-
Section 914.1 Dwelling unit, square yootage, and off-street parking bonuses for
contribution toAffordable Housing Trust Fund; exceptions, tnallow Gnincrease upto
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File Number: 06-00615mu
twenty (25) percent of additional floor area as a development bonus of approximately
283,802 square feet, the user shall make a non-refundable bonus developer
contribution of an amount of $3,519,144.80 to the Affordable Housing Trust Fund
administered by the City of Miami;
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)(c), to allow up to 20 % increase of floor area ratio, for an increase of
approximately 227,059 square feet of floor area;
MUSP, as per Article 17, Section 1701, Definition (1), for residential development
involving in excess of two hundred (200) units;
MUSP, as per Article 17. Section 1701, Definition (7), for any single use or
combination of uses requiring or proposing to provide in excess of five hundred (500)
off-street parking spaces;
SPECIAL EXCEPTIONS
SPECIAL EXCEPTION, as per Article 4, Section 4.01, under Conditional Principal
Uses of C-2 Liberal Commercial (12), to allow the construction of Multifamily
Residential structures equal to R-3 or higher;
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, C-1 Restricted
Commercial, Class II Special Permits required, to allow an increase of the maximum
allowed footprint of 40 % the Gross Lot Area to 60% GLA;
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 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;
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File NomborD6->06/5mu
CLASS | SPECIAL PERM|T, as per Article 9, Section 918. Sub -Section 918.2.
Temporary off-street offsite parking for construction crews, crheha, to allow
temporary off-street offsite parking for construction crews working on m commercial -
residential project under construction;
CLASS | SPECIAL PERMIT, as per Article S. Section 920. Sub -Section 920.1.2.
Limitations onoccupancy ofmobile homes, to allow parking ofmobile homes, trailers
or manufactured hornes, when authorized for security or other purposes in
connection with land development such as construction trailer(s) and other
temporary construction offices such as vvotohnlon's quarters. leasing and sales
centers;
CLASS | SPECIAL PEF<M|T, as per, Article 10. Section 10.5. Sub -Section 10.5.4.3.
C-1 Restricted Cornnnencia|, Temporary Signs /3\, to allow temporary development
CLASS | SPECIAL PERMIT, as per, Article 10. Section 10.5. Sub -Section 10.5.4.4.
C-2 Liberal Commercial, Temporary Signs (3), to allow temporary development signs
REQUEST, for waiver CfChapter 38 Noise. Section 36-6 Construction Equipment (G)
permitting the operation of construction equipment exceeding the sound level of o
reading of 0.79 weighted average dBA at any time and/or day subject to the City
Manager Exception pursuant to Section 36-0(c) and all the applicable criteria;
REQUEST for applicable PHASED PROJECT, subject to qualifications by the Director of
the Planning Department, at the written request of the property owner (s)
REQUEST for applicable K8USPconditions tobesatisfied st the time ofShell 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 toArticles 5.9.13and 17of Zoning Ordinance 11OOO.approval ofthe
requested Major Use8peoim|PennitshmUbeoonsideredaufficientforthesubordinmte
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 inaccordance with plans and
design schematics on file prepared by Behar Font & Partners, dated April 3, 2006" the
landscape plan shall be implemented substantially in accordance with plans and design
schematics on file prepared by Orlando Comas, AGLA. dated March 14. 2000; said
design and landscape plans may be permitted to be modified only to the extent
necessary tocomply with the conditions for approval imposed herein; all modifications
shall be subject t0the review and approval Vfthe Planning Director prior tothe issuance
of any building permits; and
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File Number: 06-00615mu
The PROJECT conforms to the requirements of the proposed C-1 (Restricted
Commercial) and C-2 (General Commercial) 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 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 process and review procedures, as well as specific
requirements for fire protection and life safety systems, exiting, vehicular access and
water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of
Solid Waste that the PROJECT has addressed all concerns of the said Department prior
to the obtainment of a shell permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the
Application for Development Approval, with the understanding that the APPLICANT must
use its best efforts to follow the provisions of the City's Minority/Women Business Affairs
and Procurement Program as a guide.
6) Record the following in the Public Records of Dade County, Florida, prior to
the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration of Covenants and Restrictions providing that the ownership, operation and
maintenance of all common areas and facilities will be by the property owner or a
mandatory property owner association in perpetuity.
7) Prior to the issuance of a shell permit, provide the City with a recorded copy of
the MUSP permit resolution and development order, and further, an executed, record
City of Aliami
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File Number 0O-006/5mu
able unity 0ftitle orcovenant iOlieu Vfunity Vftitle 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 o temporary construction plan that
includes the following: o temporary construction parking p|on, 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 besubject 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 ehoU
remain in full compliance with the provisions of the submitted construction plan; failure to
comply may lead to o suspension or revocation of this Major Use Special Permit.
Q)|nsofar esthis Major Uso8 im|Pemnitindudeothenubordinahsmpprovm|nf
a series of Class | Special Permits for which specific details have not yet been
developed urprovided, the applicant shall provide the Planning Department with all
subordinate Class | Special Permit plans and detailed requirements for final review and
approval ofeach one prior tothe issuance ofany 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.
1CA|fthe project is0wbedeveloped inphases, the Applicant shall submit on
interim p|an, including a landscape p|Gn, which addresses design details for the land
occupying future phases ofthis Project intheevent that the future phases are not
developed, said plan shall include Gproposed timetable and shall b8subject to review
and approval bythe Planning Director.
11> Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: /a\ Provide separate plans for Buildings 1
and 4 as both buildings one different in height, density and in context with the
intersections ofNVV2O Street and NVV2U"Avenue; (b\ Provide a different architectural
`'
character and massing to each building in order to provide variety in the building's
eppemnanoeo, unit mix, pedestrian experience and spaces created; (c)The continuous
street frontage along Delaware Parkway uheU be divided by adding o larger entry street
with a median or larger sidewalks, etc between buildings 2 and 3 providing enhanced
access from the community and Oe|mvvmre Parkway tothe river rapids fountain and City
of Miami park; (d) Building 5 needs to be divided on each side of the 28m Avenue
extension and provide a continuous pedestrian access between the building and the
water to the north and south of the building; (a) The buildings along Delaware Parkway
shall step back in massing from Delaware Avenue and return to a lower scale along the
inner unnamed street; (f) Provide perspectives through the interior roadway between
buildings; /g>The applicant shall provide clear public access to all waterfront portions of
the site, articulating these areas asnatural parks orpublic plazas, as appropriate; (h)
The applicant shall develop a riverwalk along portions of NW South River Drive adjacent
to the project site as for the benefit of the public. Refer to the City of Miami
Baym/o|k/Rivenwo|k Design Guidelines for ideas on further developing this area; (i)
Provide m boat landing area along the K8imnni RiVenwm|k integrating this design into the
connection tothe public plaza/ NVV2OmAvenue extenaion/ Buildings 5; U\ Provide clear
pedestrian sidewalks of at least 8' in width along NW 28 1h Avenue that will cross over the
bridge and lead directly tothe plaza along NE South River Drive; (k) Provide clear
pedestrian crossings for NW South River Drive in order to improve connections between
01Y of Miami
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File Number 06-00015nm
the public plaza/ building 5and the Miami River. These pedestrian crossings can be
articulated with acontinuous material.
12) Pursuant to comments by the City of Miami Public Works Departnlert, the
hoUVvvin0 street improvements shall be required: (o) C)e|avvane Porkvvay—COnstruct
concrete curb around all medians. Coordinate any new ormodified median
opening/storage lanes with the Miami Dade County Public Works Department, Traffic
Engineering Division and the City of Miami Public Works Department. Replace all broken
and damaged sidewalk on both sides of the parkway and construct new sidewalk in the
missing section between NW 30 Avenue and NW 17 Street. The landscaped swales are
toremain Vnboth sides ofthe parkway, Repair any damage inthe avva|eareas by
grading and new sod; (b) NW 17 Street (NW 27 Avenue through the Delaware Parkway
intersection) -Conotructooncreta curb around all medians. Rebuild ovva|ee on both
sides ofthe street with new concrete curb and gutter and pavement, Modify the storm
water drainage system on south side ofstreet and construct new storm water drainage
system on the north side of street. Replace all damaged and broken sidewalk on both
sides ofthe street. Mill and resurface the eastbound and westbound travel lanes.
Coordinate any traffic signal modifications and loops with the Miami Dade County Public
Works Department. Repair any donnmQed sod in the median; /o> NVV27 Court /NVV 17
Street — NW 17 Terrace) — Rebuild roadway (new sidevvm|k, pavennent, curb and gutter)
in accordance with the standard city cross section. Construct new storm water drainage
system; (d) hJVV 17 Terrace (NW 27 Court — NW 28 Avenue) — Rebuild roadway /navv
aidevvm|k, pavenlent, curb and gutter) in accordance with the standard city cross section.
Construct new storm water drainage system; (e) NW 28 Avenue /NVV 17 Street to the
southerly bank of the north fork ofthe Miami River) — Rebuild roadway (new sidewalk,
pavement, curb and Outter). Parking lanes are optional, coordinate improvements with
recommendations from the City's Planning Department (archeological zone). Construct
new storm water drainage system; /O NVV2O Street (Delaware Parkway— NW South
River Drive) — Rebuild roadway (new sidewalk on the aouthaide, pavement, curb and
gutter on both sides). Parking lanes are not required, coordinate improvements with
recommendations from the City's Planning Department (archeological zone/"greenway").
Construct new storm water drainage system; (Q) NW South River [)rive (NW 2O Street to
connection with NW 27 Avenue bridge approach) — Rebuild roadway (new sidewalk on
the southwest side, pavernent, curb and gutter on both sides). Parking lanes are not
required, coordinate improvements and the pedestrian crossing of the north fork of the
Miami River with the City's Planning Department (archeological zone/"greenway").
Construct new storm water drainage system. Repair all damaged sections of guardrail
on the northeast side of the roadway.
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 ofthe proposed project nhaUbereducedtothooe
heights referenced inthe letter from Miami -Dade Aviation tothe Planning Department
dated December 2.20O5.
14\Puneumnt toHEPB Resolution 20O5'O21.the applicant shall meet the
following conditions: (G)Aphase 1 archeological assessment prior toconstruction 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
Page /2q//4 Printed On: 613*2006
File Number 06-00O/5mu
submitted; (c) Afina| report shall be submitted to the Preservation Officer documenting
the results ofthis investigation.
15) A development bonus to permit a mixed use of 283,802 square feet of floor
area shall require anon-refundable payment tothe Affordable Housing Trust Fund ofan
amount of$12.4O per square foot for ototal of $3.519.144.80.
1E0That the requested accompanying applications for Land Use Change and
Change of Zoning on this property are approved by the City Commission.
17) The applicant shall record a covenant, subject to review and approval by the
city attVnley, within sixty (00) days of the effective date of this nesn|udon, which states
that in the event that this Major Use Special Permit expires or is abGndnned, any future
development of the subject properties shall require design review and approval by the
Planning C)inector, utilizing the same criteria as the original Major Use Special Permit.
1E0 Within 90 days of the effective date of this Development Under, record m
certified copy of the Development Order specifying that the Development Order runs
with the land and is binding on the Applicant, its auooe000ra, and aaoi0na, jointly or
severally.
THE CITY SHALL:
Establish the operative date ofthis Permit aebeing thirty (3O) days from the date
Cfits issuance; the issuance date shall constitute the commencement ofthe thirty /3O\
day period tuappeal from the provisions ofthe Permit.
CONCLUSIONS C}FLAW
The PROJECT, proposed bvthe APPLICANT, complies with the Miami
Comprehensive Neighborhood P|8n, as annendad, 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:
(8) the PROJECT will have mfavorable impact onthe economy ofthe City;
and
the PROJECT will efficiently use public transportation facilities; and
the PROJECT will favorably affect the need for people tofind adequate
housing reasonably accessible totheir places ofemployment; and
the PROJECT will efficiently use necessary public facilities; and
the PROJECT will not negatively impact the environment and natural
resources ofthe 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 bemitigated through
conditions of this Major Use Special Permit.
The proposed development does not unreasonably interfere with the
achievement Ofthe objectives of the adopted State Land Development Plan applicable
to the City of Miami.
(ilyg/miom/
Page /J9f/f Printed Orr &3u20n6
File Number 05f700/5mu
APPROVED AS TO FORM AND CORRECTNESS:
JORGE LFERNANDEZ
CITY ATTORNEY
..Footnote
{1l If the Mayor does not sign this Reso|u*ion, it ahoU become effective at the end of ten
calendar days from the date it was passed and adopted. If the Mayor Vetoes this
Reoo|udon, it shall become effective immediately upon override of the veto by the City
Commission.
Lityw'3/mm/ Page /4o//4 Printed Ond13o12006