HomeMy WebLinkAboutR-06-0566City of Miami
Legislation
Resolution: R-06-0566
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-00615mu Final Action Date:9/28/2006
A RESOLUTION WITH ATTACHMENTS OF THE MIAMI CITY COMMISSION,
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, TO BE LOCATED AT 1701,
1801, 1825 AND 1851 DELAWARE PARKWAY AND 2990 NORTHWEST SOUTH
RIVER DRIVE, MIAMI, FLORIDA, TO CONSTRUCTA 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; PROVIDING FOR CERTAIN
FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING
FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR
BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE 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 (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 on May 22, 2006, Item No. 4, following an
advertised hearing, adopted Resolution No. ZB 06-1182, by vote of seven to zero (7 to 0),
RECOMMENDING APPROVAL with conditions of a Special Exception, as hereinafter set forth; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 5, 2006 Item No. 3,
following an advertised public hearing, adopted Resolution No. PAB 06-066 by a vote of eight to zero i
-0), recommending APPROVAL with conditions of the Major Use Special Permit Development Order a:
hereinafter set forth; and
City of Miami
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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,
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 1701,
1801, 1825 and 1851 Delaware Parkway and 2990 NW South River Drive, Miami, Florida, more
particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of 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;
providing for certain floor area ratio ("FAR") bonuses.
Section 4. The Major Use Special Permit Application for the Project also encompasses the
lower ranking Special Permits as set forth in the Development Order.
Section 5. The findings of fact set forth below are made with respect to the subject PROJECT:
a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan,
as amended.
b. The PROJECT is in accord with the 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 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT that have been found by the City Commission (based upon facts and reports prepared or
submitted by staff or others) to adhere to the following Design Review Criteria subject to the any
applicable conditions in the Development Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
I) Site and Urban Planning:
(1) Respond to the physical Yes *Yes
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Yes *Yes
impact of automobile parking
and driveways on the pedestrian
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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 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
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and similar features should be
appropriately incorporated to
enhance the project.
V) Vehicular Access and Parking:
(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.
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VII) Signage and Lighting:
(1) Design signage appropriate Yes *Yes
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes *Yes
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 $957,530,043, and to employ approximately
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475 workers during construction (FTE-Full Time Employees); The project will also result in the
creation of approximately 50 permanent new jobs (FTE) for building operations and will generate
approximately $4,628,001 annually in tax revenues to the City (2006 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the economy of the City;
(2) the PROJECT will efficiently use public transportation facilities;
(3) any potentially adverse effects of the PROJECT will be mitigated through compliance with
the conditions of this Major Use Special Permit;
(4) the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment;
(5) the PROJECT will efficiently use necessary public facilities;
(6) the PROJECT will not negatively impact the environment and natural resources of the City;
(7) the PROJECT will not adversely affect living conditions in the neighborhood;
(8) the PROJECT will not adversely affect public safety;
(9) based on the record presented and evidence presented, the public welfare will be served
by the PROJECT; and
(10) any potentially adverse effects of the PROJECT arising from safety and security, fire
protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority
participation and employment, and minority contractor/subcontractor participation will be mitigated
through compliance with the conditions of this Major Use Special Permit.
Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon
the APPLICANT and any successors in interest.
Section 7. The application for Major Use Special Permit, which was submitted on April 7,
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.
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Section 14. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1 }
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 9, 13 and 17 of Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the
City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit
for Miami River Rapids (MU-2006-020), (hereinafter referred to as the "PROJECT") to be located at
approximately 1701, 1801, 1825 and 1851 Delaware Parkway and 2990 NW South River Drive,
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 1701, 1801,
1825 and 1851 Delaware Parkway and 2990 NW South River Drive, Miami, Florida. The PROJECT
is located on a gross lot area of approximately 15.15± acres and a net lot area of approximately
12.05± 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 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; providing for certain floor area ratio ("FAR") bonuses.
The Major Use Special Permit Application for the PROJECT also encompasses the following lower
ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MUSP, as per Article 17, Section 1701. Definition (8) and Article 9, Section 914, Sub -Section
914.1 Dwelling unit, square footage, and off-street parking bonuses for contribution to Affordable
Housing Trust Fund; exceptions, to allow an increase up to 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;
City of Miami
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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;
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;
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CLASS I SPECIAL PERMIT, as per, Article 10, Section 10.5, Sub -Section 10.5.4.3, C-1 Restricted
Commercial, Temporary Signs (3), to allow temporary development signs;
CLASS I 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 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;
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 MUSP conditions to be satisfied at the time of Shell Permit instead of at
issuance of Foundation Permit:
a) The requirement to record in the Public Records a Declaration of Covenants and Restrictions
providing that the ownership, operation and maintenance of all common areas and facilities will be by
the property owner or a mandatory property owner association; and
b) The requirement to record in the Public Records a unity of title or covenant in lieu of unity of
title.
Pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major
Use Special Permit shall be considered sufficient for the subordinate permits requested and
referenced above as well as any other special approvals required by the City which may be required
to carry out the requested plans.
The PROJECT shall be constructed substantially in accordance 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, ASLA, dated March 14, 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 C-1 (Restricted Commercial) and C-:
(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,
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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
APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of
Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development
process and review procedures, as well as specific requirements for fire protection and life safety
systems, exiting, vehicular access and water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste
that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a
shell permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for
Development Approval, with the understanding that the APPLICANT must use its best efforts to follow
the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide.
6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of
a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and
Restrictions providing that the ownership, operation and maintenance of all common areas and
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.
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9) In so far as this Major Use Special Permit includes the subordinate approval of a series of
Class I Special Permits for which specific details have not yet been developed or provided, the
applicant shall provide the Planning Department with all subordinate Class 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) Provide separate plans for Buildings 1 and 4 as both buildings are
different in height, density and in context with the intersections of NW 20 Street and NW 28th
Avenue; (b) Provide a different architectural character and massing to each building in order to
provide variety in the building's appearances, 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 to the river rapids fountain and City of Miami park; (d)
The buildings along Delaware Parkway shall step back in massing and return to a lower scale along
the inner unnamed street; (e) Provide perspectives through the interior roadway between buildings; (f)
Provide clear pedestrian sidewalks of at least 8' in width along NW 28th Avenue that will crossover
the bridge and lead directly to the plaza along NW South River Drive.
12) Pursuant to comments by the 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 or modified 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 sidewalks on both sides of the parkway and construct a new
sidewalk in the missing section between NW 30 Avenue and NW 17 Street. The landscapd swales
are to emain on both sides of the parkway. Repair any damage in the swale areas by grading and
new sod; (b) NW 17 Street (NW 27 Avenue through the Delaware Parkway intersection) - Construct
concrete curb around all medians. Rebuild swales on both sides of the street with new concrete curb
and gutter and pavement. Modify the storm water drainage system on south side of street and
construct a new storm water drainage system on the north side of street. Replace all damaged and
broken sidewalk on both sides of the 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 in the median; (c) NW 27 Court (NW 17 Street - NW
17 Terrace) - Rebuild roadway (new sidewalk, pavement, curb and gutter) in accordance 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, pavement, curb and gutter) in accordance
with the standard city cross section. Construct new storm water drainage system; (e) NW 28 Avenue
(NW 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) NW 20 Street (Delaware Parkway - NW South 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 20 Street to connection with NW 27 Avenue bridge approach) - Rebuild
roadway (new sidewalk on the southwest side, pavement, curb and gutter on both sides). Parking
City of Miami
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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 of the proposed project shall be reduced to those heights referenced in the letter
from Miami -Dade Aviation to the Planning Department dated December 2, 2005.
14) Pursuant to HEPB Resolution 2005-021, the applicant shall meet the following conditions:
(a) A phase 1 archeological assessment prior to construction and archeological monitoring during
ground disturbing activity shall be provided in accordance with the management plan submitted by
the Archaeological and Historical Conservancy, Inc.; (b) The Preservation Officer shall be notified
prior to construction activities and in the event of a significant discovery, as per the management plan
submitted; (c) A final report shall be submitted to the Preservation Officer documenting the results of
this investigation.
15) A development bonus to permit a mixed use of 283,802 square feet of floor area shall
require a non-refundable payment to the Affordable Housing Trust Fund of an amount of $12.40 per
square foot for a total 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 (60) days of the effective date of this resolution, which states that in the event that this
Major Use Special Permit expires or is abandoned, any future development of the subject properties
shall require design review and approval by the Planning Director, utilizing the same criteria as the
original Major Use Special Permit.
18) 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
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File Number: 06-00615mu Enactment Number: R-06-0566
(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:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of
ten calendar days from the date it was passed and adopted. If the Mayor vetoes this
Resolution, it shall become effective immediately upon override of the veto by the City
Commission.
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