HomeMy WebLinkAboutPAB Legislation (Revised)City of Miami
Legislation
Resolution
City Hall
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
City q/'Miami
Page 1 a/' 14 Printed On: 7/10/2006
File Number O0-00615mu
WHEREAS, the Miami Planning Advisory Board, st its meeting held onJune 21.
2008 Item No. 8.following anadvertised public hearing, adopted Resolution No. PAB^-°
by o vote of -- to -- (°-°). recommending --vvith conditions as presented in the Major
Use Special Permit Development Order asattached and incorporated; and
WHEREAS, the City Commission deems itadvisable and inthe best interest of
the general welfare of the City of Miami to issue a Major Use Special Permit
Development Order aahereinafter set forth;
NOW, THEREFORE, BE|l[RESOLVED BYTHE COMMISSION OFTHE CITY
OF MIAMI, FLORIDA:
Section 1. The nadta|o 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 Use Special Permit Development Order, incorporated
vvithin, is approved subject to the conditions specified in the Development Order, per
Article 17ofZoning Ordinance No. 11OOO.for the project tobedeveloped bvthe
APPLICANT, located atapproximately 17O1.1OO1. 1825and 1851 Delaware Parkway
oDd29SO NVVSouth River Drive, Miami. Florida, more particularly described on
"Exhibit A.''attached and incorporated,
Section3. The PROJECT is approved for the construction of a four building
mixed use development ranging in height from approximately 115 feet to 143feet to be
comprised of approximately 1.580 total multifamily residential units with recreational
amenities; approximately 65.852 square feat of retail and restaurant space; and
approximately 2.200 total parking spaces; providing for certain floor area ratio ("FAR")
bonuses.
Gmction4. The Major UseG ial Permit Application for the Projecta|ao
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 isinconformity with the adopted Miami Comprehensive
Neighborhood Plan, asamended.
b� The PROJECT iminaccord 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 Mianni. Florida, as amended.
C. Pursuant to Section 1305.2 of the Zoning Dndinance, 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
1)8ite and Urban Planning:
U\Respond hzthe physical
File Number: 06-00615mu
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.
II) Architecture and Landscape Architecture:
(1) A project shall be designed Yes *Yes
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood Yes *Yes
context;
(3) Create a transition in bulk Yes *Yes
and scale;
(4) Use architectural styles Yes *Yes
and details (such as roof lines
and fenestration), colors and
materials derivative from
surrounding area;
(5) Articulate the building facade Yes *Yes
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
III) Pedestrian Oriented Development:
(1) Promote pedestrian
interaction;
(2) Design facades that
respond primarily to the
human scale;
(3) Provide active, not blank
facades. Where blank walls
are unavoidable, they should
receive design treatment.
Yes
Yes
Yes
IV) Streetscape and Open Space:
*Yes
*Yes
*Yes
(1) Provide usable open space Yes *Yes
that allows for convenient and
visible pedestrian access from
the public sidewalk;
City qf Miami Page 3 of/4 Printed On: 7/10/2006
File Number 0§-00615mu
(2)Landscaping, including plant Yes *Yes
material, trellises, special
pmvernents, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
V)Vehicular Access and P@rkinQ:
(1)Design for pedestrian and Yes *Yes
vehicular safety to minimize
conflict points;
(2)Minimize the number and Yes *Yes
width ofdriveways and curb
cuts;
(3) Parking adjacent to a street Yes °Y8e
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas Yes *Yes
as district buffer.
V|) SoreeninO:
U> Provide landscaping that Yes *Yes
screen undesirable e|enlantu,
such mosurface parking lots,
and that enhances space and
architecture;
(2) Building sites should locate Yes *Yes
service elements like trash
dunnpater. loading docks, and
mechanical equipment away
from street front where possible.
When elements such as
dunnpnters, utility rnetera,
mechanical units and service
areas cannot belocated away
from the street front they should
besituated and screened from
view \ostreet and adjacent
properties;
/3> Screen parking garage Yes °Yom
structures with program uses.
Where program uses are not
feasible soften the garage
structure with heUisea,
landscaping, and/or other
suitable design element.
File 0umbocDU-00015nu/
VU)Giqnageand LiQhdinq:
(1) Design oignagempprophate Yes *Yes
for the scale and character of
the project and immediate
neighborhood;
(2)Provide lighting aaodesign Yea *Yes
feature b)the building facade,
onand around landscape
oreoo, special building or
site featunea, and/or siQnmge;
(3) Orient outside lighting to Yes *Yes
minimize glare to adjacent
properties;
(4) Provide visible signage Yea *Yes
identifying building mddnaooeo
at the entrance(s) as a
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:
(1) For noodUDcadVnS of O/8 °D/8
nonconforming structures,
noincrease inthe degree of
nonconformity shall be
allowed;
(2) Modifications that conform n/a °D/a
tocurrent regulations shall be
designed to conform to the scale
and context ofthe nonconforming
structure.
*Compliance is subject to conditions.
These findings have been made bvthe City Commission toapprove this projectvvhh
conditions.
d. The PROJECT is expectedto cost approximately $957.53O.O43.and 10
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
File Number 06-00015no
building operations and will generate approximately $4,628,001 annually in tax revenues
to the City (2006dOUars).
u. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the economy of the
City-,
CQ the PROJECT will efficiently use public transportation facilities;
(3) any potentially adverse effects ofthe PROJECT will bemitigated
through compliance with the conditions ofthis Major Use8pecia|Pernnit;
(4) the PROJECT will favorably affect the need for people tofind
adequate housing reasonably accessible totheir 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;
(0) 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 employment, and minority
contractor/subcontractor participation will be mitigated through compliance with the
conditions of this Major Use Special Permit.
Section O. The Major Use Special Pennh, as approved and annended, ahoU
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
Mionni. Florida, shall be relied upon generally for administrative interpretations and is
incorporated by reference.
Section O. The City Manager is directed to instruct the Planning Director to
transmit acopy nfthis Resolution and attachment tothe APPLICANT.
Sectinn9. The Findings ofFact and Conclusions ofLaw are made with
respect to the Project as described in the Development Order for the PN[>JECT,
incorporated within.
8ection1O. The Major Use Special Permit Development Order for the
PROJECT iegranted and issued.
Section 11. In the evert that any portion or section of this Resolution or the
Development Order isdetermined tube inva|id, iUe0o|, or unconstitutional by court or
agency of competent juriodiction, such decision ohoU in no manner affect the remaining
portions of this Resolution or Development Order which shall remain in full force and
Section 12. The provisions approved for this Major UmaGpecia|Pennk.as
Gppr0ved. shall commence and become operative thirty /30\ days after the adoption of
the Resolution.
Cilyv/&lio~/
File Number 06-00§15mu
Section 13. This Major Use Special Pemnb, 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. {11
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, S. 13 and 17 of Ordinance No. 11000,
the Zoning Ordinance of the City of K4imn`i. Florida, as amended (the 'Zoning
Ordinance"), the Commission of the City of Miami, Florida, has considered in a public
hearing, the issuance ofaMajor Use8peoim|Pernnitfor88ianniRiverRapidm/K8U-20O0-
02O\. (hereinafter referred toos the "PR{}JECT")to be located at approximately 1701.
1O01.1D25and 1O51 Delaware Parkway and 299ONWSouth River Drive, Miami,
Florida (see legal description on "Exhibit A", attached and incorporateU\, 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 tmthe following conditions approves the Major Use Special
Permit and issues this Permit:
FINDINGS [)FFACT
PROJECT DESCRIPTION:
The proposed PROJECT iaamixed use development tobelocated et
approximately 1701.18O1'1825and 1851 Delaware Parkway and 2890NVVSouth River
Drive, Miami, Florida. The PROJECT is located on o gross |cd area of approximately
15.15± acres and a net lot area of approximately 12.05± acres of land (more specifically
described on"Exhibit /\". incorporated herein byreferenoe). The remainder of the
PR{}JECT'sData Sheet ioattached and incorporated mo"Exhibit B''.
The proposed PROJECT will be an a four building mixed use development ranging
in height from approximately 115feet to143feet tobecomprised ofapproximately 1.59O
total multifamily residential units with recreational amenities; approximately 65.852 square
feet of retail and restaurant space; and approximately 2.200tota| parking apmmaa;
providing for certain floor area ratio ("FAR^)bonuses.
The Major Uma8 im|PennhApo|ioationh»rthePF<{}JECTo|soencomp000eo
the following lower ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MU8P.aaper Article 17.Section 17O1.Definition (E) and Article 9.Section 914.Sub-
Section 914.1 Dwelling unit, square foctaQa, and off-street parking bonuses for
contribution to Affordable Housing Trust Fund; exceptions, to allow an increase up to
(YlY9/1/iav'
File Number O6f0O015mu
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$3.519.144.8Oto the Affordable Housing Trust Fund
administered by the City of Miami;
MU8P, as per Article 17. Section 1701. Definition (Q) and Article 5. Sect. 502. PU[)
districts; nnininnurn area, nnmxirnunn densities and nnaxinnunn floor area ratios permitted
(a)(c), to a||ovv up to 20 96 increase of floor area [8UV, for an increase Of
approximately 227.05Ssquare feet offloor araa�
MU8P, as per Article 17. Section 1701. Definition (1), for residential development
involving in excess of two hundred (200) units;
MUGP, 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 EXCEPT|{}N, as per Article 4. 8ection4.O1. under Conditional Principal
Uses of C-2 Liberal Commercial /12\, to allow the construction of Multifamily
Residential structures equal toR-3orhigher;
CLASS USPECIAL PERMITS
CLASS U SPECIAL PERK8|T, as per Article 4, Section 401. C-1 Restricted
Commercial, Class || Special Permits required. to mUovv an increase of the nnoxinnunn
allowed footprint of4O 96 the Gross Lot Area to 6096 GLA;
CL/\8GU SPECIAL PERMIT, asper Article 15. Section 1512. Class || Special Permit
required for waiver of design standard and guide|ineo, to allow o waiver of City of
Miami Off-street Parking Guides & 8tmndapds, only for reduction of required backup
distance in driveway isles from 23feet to 22feet;
CLASS || SPECIAL PERK8|T, GGper Article 0. Section 827. Temporary structures,
occupmnciea, and unma during C0nstruction, ohheha for special p8nnka, to aUVvv
temporary structuneo, oocupmnoies, and uses reasonably necessary for construction
such as construction fence, covered vvm|kvvay and if encroaching public property
must beapproved byother city departments;
CLASS | SPECIAL PERMITS
CLASS | SPECIAL PEFlM|T, as per Article S. Section SOO, Sub -Section 806.9.
Temporary special events; special permits; uriteha, to allow temporary umnniva|,
fesdv@|, fair orsimilar type event on privately owned or City -owned land such as @
ground breaking ceremony;
CLASS | SPECIAL PERM|T, as per Article S. Section 916. Sub -Section 816.21.
Temporary special event paddng, to oUovv parking for temporary special event such
Page 8 of 14 Printed On: 711012006
File Number O0f00615mu
CL/\88 ) SPECIAL PEF<K8|T, as per Article S. Section 910, Sub -Section 9182.
Temporary off-street offsite parking for construction crews, ohtuha, to allow
temporary off-street offsite parking for construction crews working on a commercial -
residential project under construction;
CLASS | SPECIAL PERK8|T, as per Article B. Section 920. Sub -Section 920.1.2.
Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers
or manufactured honneo, 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 | SPECIAL PER&4|T, as per, Article 10. Section 10.5. Sub -Section 10.5.4.3.
C-1 Restricted Commercial, Temporary Signs (3), to allow Uannpnnory development
CLASS | SPECIAL PEHK8|T, 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
REOUE8T, for waiver of Chapter 36 Nois*, Section 36'0 Construction Equipment (a)
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 toSection 30-O/c\and all the applicable criteria;
REQUEST for applicable PHASED PROJECT, subject toqualifications bvthe Director nf
the Planning Department, at the written request of the property owner (s)
REQUEST for applicable W1UGPconditions tobesatisfied at the time ofShell Permit
instead of at issuance of Foundation Permit:
o)The requirement torecord inthe Public Records aDeclaration nfCovenants
and Restrictions providing that the ownership, operation and maintenance of all common
areas and facilities will be by the property owner or a mandatory property owner
association; and
b) The requirement to record in the Public Records a unity of title or covenant in
lieu of unity of title.
Pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance 11000, approval of the
requested Major UoeOpecia|PemnitshmUbeoVnsideredsuMicientfortheuubnnJinmte
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 baconstructed substantially iDaccordance with plans and
design schematics on file prepared by Behar Font & Partners, dated April 3. 2006; the
landscape plan nhm|| be implemented substantially in accordance with plans and design
schematics onfile prepared by Orlando Comas, ASLA. doted March 14. 2006; said
design and landscape plans may bepermitted tobemodified only to the extent
necessary tocomply with the conditions for approval imposed herein; all modifications
ohmU be subject to the naVievv and approval of the Planning Director prior to the issuance
Ofany building permits; and
[i�y qf'Alialn/
File Number O0-00O15mu
The PROJECT conforms to the requirements of the proposed C-1(Resthcted
Commercial) and C-2 (General Commercial) zoning o|asnhDomdon, as contained in the
Zoning Ordinance, the Zoning Ordinance of the Qb/ of Mianni. 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 TOTHE ISSUANCE OFANY BUILDING PERMITS, SHALL
COMPLY WITH THE FOLLOWING:
1> Meet all mpo|iomb|e building codes, land development regulations, ordinances
and other laws and pay all applicable fees due prior tVthe issuance ofabuilding 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 K8ionni Police Department to conduct a security sumey, at the option
of the Department, and to make recommendations concerning security measures and
systems; further submit a report to the Planning Departnnent, prior to commencement of
conotruction, demonstrating how the Police Department reoornrnendadons, 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 fnorn, or provide a letter from the Department of Fire -Rescue
indicating APPLICANT'S coordination with members of the Fine Plan Review Section at
the Department ofFire-Rescue inthe review Vf the scope ofthe PROJECT, owner
responsibi|ity, building development process and review procedures, as well as specific
requirements for fire protection and life safety syoterno, exiUng, vehicular access and
water supply,
4) Obtain approval from, or provide o letter ufassurance from the Department of
Solid Waste that the PROJECT has addressed all concerns nfthe said Department prior
tothe obtainment ofmshell permit.
5\ Comply with the Minority Participation and Enlo|oynnenk 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 tofollow the provisions of the City'o Minority/Women Business Affairs
and Procurement Program msaguide.
GA Record the following in the Public Records of Dade County, Florida, prior to
the issuance of Temporary Certificate of Occupancy or Certificate of Occupancy, a
Oeo|anadun of Covenants and Restrictions providing that the ovvnerehip, operation and
maintenance of all common areas and facilities will be by the property owner ora
mandatory property owner association inperpetuity.
7\ Prior to the issuance of shell pannit, provide the City with a recorded copy of
the MUSP permit resolution and development order, and further, an executed, record
0*(�f,lvficun/
File Numboc00-000/5om
able unity oftitle orcovenant inlieu ofunity oftitle 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; aoonatrum1ion noise management plan with on 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 shall
remain in full compliance with the provisions of the submitted construction plan; failure to
comply may lead toosuspension orrevocation ofthis Major Uae8penia|PermiL
8\|noofar aathis Major UaoSim|PemndindudesthesubondinaUaapprovo|of
m series of Qmsn | 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 ofeach one prior tothe issuance ofany of the subordinate approvals required
inorder tocarry out any of the requested activities and/or improvements listed inthis
development order orcaptioned )nthe plans approved byit.
1O)|fthe project ishobedeve|oDedinohaaao.theAoo|ioart shall submit an
interim p|mn, 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 todesign ne|atedcomrnentareceivedbvtheP|mnning0irector.the
applicant shall meet the following conditions: (G) Provide separate plans for Buildings 1
and 4 as both buildings are different in height, density and in context with the
intersections ofNVV2O Street and NVV2O"'Avenue; (b) Provide m different architectural
character and massing to each building in order to provide variety in the building's
appeoroncea, unit mix, pedestrian experience and spaces created; (c)The continuous
street frontage along Delaware Parkway shall be divided by adding a larger entry street
with a median or larger sidewalks, etc between buildings 2 and 3 providing enhanced
access from the community and Delaware Parkway tothe river rapids fountain and City
of K8imrni park; (d) The buildings along Delaware Parkway shall step back in massing and
return too lower scale along the inner unnamed street; (e) Provide perspectives through
the interior roadway between buildings; (OThe applicant shall provide clear public
access to all waterfront portions of the site, articulating these areas as natural parks or
public plazas, as appropriate; /g>The applicant shall develop rivenwo|ko|ong portions
of NW South River Drive adjacent to the project site as for the benefit of the public. Refer
to the City of Miami Bmywo|k/Rivenwm|k Design Guidelines for ideas on further
developing this area; (h) Provide a boat landing area along the Miami Rivemva|k
integrating this design into the connection tVthe public plaza/ NVV28m Avenue
extension; (i) Provide clear pedestrian sidewalks of at least 8' in width along NVV2Om
Avenue that will cross over the bridge and lead directly to the plaza along NW South
Rive[ Drive; U) Provide dear pedestrian crossings for NVVSouth River Drive in order to
improve connections between the public plaza and the Miami River. These pedestrian
crossings can bearticulated with acontinuous material.
File Number Oh-O0615nm
12)Pumuant tocomments bvthe City of Miami Public Works Department, the
following street improvements shall be required: (a) Delaware Parkway — 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 onboth sides of the parkway and construct new sidewalk inthe
missing section between NW 30 Avenue and NW 17 Street. The landscaped swales are
tnremain onboth sides ofthe parkway, Repair any damage inthe svvm|e areas by
grading and new sod; /h\NVV17Street (NW 27Avenue through the Delaware Parkway
intersection) -ConntructcOncretecurbaround all medians. Rebuild svvo|eson both
sides ofthe street with new concrete curb and gutter and pavement. Modify the storm
water drainage system on south aide of street and construct a new storm water drainage
system on the north aide 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 damaged sod inthe median; (c)NVV27Court (NW 17
Street — NW 17 Terrace) — Rebuild roadway (new sidevvo|k, pavennent, curb and gutter)
inaccordance with the standard city cross section. Construct new storm water drainage
system; (d) NW 17 Terrace (NW 27 Court — NW 28 Avenue) — Rebuild roadway (new
sidewalk, povennent, curb and gutter) in accordance with the standard city cross section.
Construct new storm water drainage system; (e) NVV20Avenue /NVV 17 Street to the
southerly bank of the north fork of the Miami River) — Rebuild roadway (new sidewalk,
pavement, curb and gutter). Parking lanes are optional, coordinate improvements with
recommendations from the City's Planning Department (archeological zone). Construct
new storm water drainage system; (f) NVV2O Street (Delaware Pmrkvvmy— NVVSouth
River Drive) — Rebuild roadway (new sidewalk on the southside, 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; (g) NW South River Drive (NW 2U Street to
connection with NW 27 Avenue bridge approach) — Rebuild roadway (new sidewalk on
the southwest side, pmvenlent, curb and gutter on both sides). Parking lanes are not
requiuyd, coordinate improvements and the pedestrian crossing of the north fork of the
Miami River with the City's Planning Department (archeological zone/^greeOvvmy^).
Construct new storm water drainage system. Repair all damaged sections of guardrail
onthe northeast side ofthe 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 nfthe proposed project nhaUbereduoedtothooe
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated December 3.2O05,
14> Pursuant to HEPB Resolution 2005-021. the applicant shall meet the
following conditions: (m)/\ phase 1 archeological assessment prior to construction and
archeological monitoring during ground disturbing activity shall be provided in
accordance with the management plan submifted by the Archaeological and Historical
Conservancy, Inc.; (b) The Preservation Officer shall he notified prior to construction
activities and in the event of a significant discovery, as per the management plan
submitted; (c) A final report shall be submitted to the Preservation Officer documenting
the results nf this investigation.
File Number, 0§-00515nu
15>Adevelopment bonus topermit omixed use of2#3.802square feet cffloor
area shall require anon-refundable payment tothe Affordable Housing Trust Fund oymn
amount of$12.40 per square foot for ototal of $3.519.144.80.
16)That 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 attorney, within sixty (OO) days of the effective date of this neao|ution, which states
that in the event that this Major Use Special Permit expires or is mbandoned, any future
development of the subject properties ohoU require design review and approval by the
Planning Uinector, utilizing the same criteria as the original Major Use Special Permit.
18) Within AO days of the effective date of this Development C)rder, record G
certified copy of the Development Order specifying that the Development Order runs
with the land and is binding on the Applicant, its suocessors, and ossigns. jointly or
severally.
THE CITY SHALL:
Establish the operative date ofthis Permit mmbeing thirty (3O) days from the date
Cfits issuance; the issuance date shall constitute the commencement ofthe thirty (5C)
day period toappeal from the provisions cf the Permit.
CONCLUSIONS OFLAW
The PR{JJECT, proposed bvthe 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 toSection 17O5ofthe Zoning Ordinance:
the PROJECT will have mfavorable impact nnthe economy mfthe 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 nfemployment; and
the PROJECT will efficiently use necessary public facilities; and
the PROJECT will not negatively impact the environment and natural
resources of the City; and
the PROJECT will not adversely effect public safety; and
the public welfare will beserved bythe 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 of the objectives Cf the adopted State Land Development Plan applicable
to the City of Miami.
APPROVED /\8TJFORM AND CORRECTNESS:
(ilyp/4/k*'/
File Number: 06-00615mu
JORGE L. FERNANDEZ
CITY ATTORNEY
..Footnote
{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 al"i/fici,ni
Page 14 of 14 Printed On: 7/10/2006