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Legislation
Resolution
City Hail
350u Parr American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-00377mu 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 URBANA TOWER PROJECT, TO BE LOCATED AT
APPROXIMATELY 1741, 1753 AND 1773 NORTHEAST 2ND AVENUE, 221 AND
231 NORTHEAST 17TH TERRACE, AND 1768 NORTHEAST 2ND COURT, MIAMI,
FLORIDA, TO CONSTRUCT AN APPROXIMATE 445-FOOT, 37-STORY HIGH
MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 100 TOTAL
MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES;
APPROXIMATELY 120,102 SQUARE FEET OF OFFICE SPACE;
APPROXIMATELY 9,846 SQUARE FEET OF RETAIL SPACE; AND
APPROXIMATELY 592 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 March 6, 2006, Alfredo J. Gonzalez, Esquire, on behalf of Urbana Development
Associates, Ltd., Owner (referred to as "APPLICANT"), submitted a complete Application for Major Use
Special Permit for Urbana Tower (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of
Zoning Ordinance No. 11000, for the properties located at approximately 1741, 1753 and 1773 NE 2nd
Avenue, 221 and 231 NE 17th Terrace; and 1768 NE 2nd Court, 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 February 1, 2006 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on February 15, 2006, to consider the
proposed project and recommended APPROVAL: and
WHEREAS. the Historic and Environmental Preservation Board met on June 6, 2006. to consider
the proposed project and offer its input; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 5, 2006 Item No. 4,
following an advertised public hearing, adopted Resolution No. PAB 06-067 by a vote of eight to zero
(8-0), recommending APPROVAL with conditions of the Major Use Special Permit Development Order
as hereinafter set forth; and
City of Miami
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File Nurmber. 06-00377mu
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 1741, 1753 and
1773 NE 2nd Avenue, 221 and 231 NE 17th Terrace; and 1768 NE 2nd Court, Miami, Florida, more
particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of an approximate 445-foot, 37
-story high mixed use structure to be comprised of approximately 100 total multifamily residential units
with recreational amenities; approximately 120,102 square feet of office space; approximately 9,846
square feet of retail space; and approximately 592 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) with SD-20
(Edgewater Overlay) zoning classification of Zoning Ordinance No. 11000, the Zoning Ordinance of
the City of Miami, Florida, as amended.
c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT that have been found by the City Commission (based upon facts and reports prepared or
submitted by staff or others) to adhere to the following Design Review Criteria subject to 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
environment and adjacent
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Hie Number 06-00377mu
properties;
(3) Buildings on corner lots Yes. *Yes.
should be oriented to the corner
and public street fronts.
li) Architecture and Landscape Architecture:
(1) A project shall be designed Yes. *yes.
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood Yes. *yes.
context;
(3) Create a transition in bulk Yes. *Yes.
and scale;
(4) Use architectural styles Yes. *Yes.
and details (such as roof lines
and fenestration), colors and
materials derivative from
surrounding area;
(5) Articulate the building facade Yes. *Yes.
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
III) Pedestrian Oriented Development:
(1) Promote pedestrian Yes. *Yes.
interaction;
(2) Design facades that Yes. *yes.
respond primarily to the
human scale;
(3) Provide active, not blank Yes. *yes.
facades. Where blank walls
are unavoidable, they should
receive design treatment.
IV) Streetscape and Open Space:
(1) Provide usable open space Yes. *Yes.
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant Yes. *Yes.
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
City of Miami
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File Number; 06-00377mu
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.
VII) Signage and Lighting:
City of Miami
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File Number 06-00377mu
(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 Yes. *Yes.
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform Yes. *Yes.
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 $187,395,368, and to employ approximately
193 workers during construction (FTE-Full Time Employees); The project wiill also result in the creation
of approximately 15 permanent new jobs (FTE) for building operations and will generate approximately
$915,712 annually in tax revenues to the City (2006 dollars).
e. The City Commission further finds that:
City of Miami
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Fiie Number: O6-00377mu
(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 March 6,
2006, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon
generally for administrative interpretations and is incorporated by reference.
Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of
this Resolution and attachment to the APPLICANT.
Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project
as described in the Development Order for the PROJECT, incorporated within.
Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and
issued.
Section 11. In the event that any portion or section of this Resolution or the Development Order
is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction,
such decision shall in no manner affect the remaining portions of this Resolution or Development
Order which shall remain in full force and effect.
Section 12. The provisions approved for this Major Use Special Permit, as approved, shall
commence and become operative thirty (30) days after the adoption of the Resolution.
Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its
commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
DEVELOPMENT ORDER
City of "Mural
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File Number: O6-00377mu
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 Urbana Tower (MU-2006-011), (hereinafter referred to as the "PROJECT") to be located at
approximately 1741, 1753 and 1773 NE 2nd Avenue, 221 and 231 NE 17th Terrace; and 1768 NE 2nd
Court, 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 1741, 1753
and 1773 NE 2nd Avenue, 221 and 231 NE 17th Terrace; and 1768 NE 2nd Court, Miami, Florida.
The PROJECT is located on a gross lot area of approximately 1.99± acres and a net lot area of
approximately 1.333± acres of land (more specifically described on "Exhibit A", incorporated herein by
reference). The remainder of the PROJECT's Data Sheet is attached and incorporated as "Exhibit B".
The proposed PROJECT will be an approximate 445-foot, 37-story high mixed use structure to be
comprised of approximately 100 total multifamily residential units with recreational amenities;
approximately 120,102 square feet of office space; approximately 9,846 square feet of retail space;
and approximately 592 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
MAJOR USE SPECIAL PERMIT, 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 34,786.86
square feet of floor area;
MAJOR USE SPECIAL PERMIT, 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 43,483.58 square feet,
the user shall make a non-refundable bonus developer contribution of an amount of $539,196.39
to the Affordable Housing Trust Fund administered by the City of Miami;
MAJOR USE SPECIAL PERMIT, as per Article 17. Section 1701, Definition (7), to allow in a any
single use or combination of uses requiring or proposing to provide in excess of five hundred (500)
off-street parking spaces;
City of Miami
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File plumber:: 06-00377mu
CLASS 11 SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 9, Section 923, Sub -Section 923.2, Sub -Section
923.2.1. Reduction in stall dimensions by Class II Special Permit; criteria and limitations on
reductions, to allow reduction of one (1) loading berth dimensions as follows;
Required number of loading berth: Three (4) 12 feet wide x 35 feet long x 15 feet high
Proposed number of loading berth: Three (3) 12 feet wide x 35 feet long x 15 feet high
One (1) 10 feet wide x 20 feet long x 15 feet high
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 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 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;
CLASS I SPECIAL PERMIT, as per, Article 6, Section 620.8, Article 10, Section 10.5, Sub -Section
10.5.4.3, C-1 Restricted 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
City ofMianri
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Fife "umber.- 06-00377mu
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 Fullerton Diaz Architects, dated February 2006; the landscape plan shall be
implemented substantially in accordance with plans and design schematics on file prepared by Urban
Resource Group, dated February 3, 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 existing C-1 (Restricted Commercial) with SD-
20 (Edgewater Overlay) zoning classification, as contained in the Zoning Ordinance, the Zoning
Ordinance of the City of Miami, Florida, as amended. The existing comprehensive plan future land use
designation on the subject property allows the proposed uses.
CONDIT4ONS
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
City of Miami
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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 reSponsibiihv, 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 Ofassurance from the Department of Solid Waste
tthe ' PROJECT has addressed all concerns of the said Department prior to the obtainment Of G
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 1h@tthe APPLICANT must use its best efforts tVfollow
the provisions of the Qty's MiOoritv/VVornen Business Affairs and Procurement Program as a guide.
O) 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 oonlrnon 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 furthar, 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 ofthe City Atorney'GOffice.
8) Provide the Planning Department with a temporary construction plan that includes the
fOUOvviDg- atenlpoF@ry construction parking plan, with on enforcement policy; ecOn8truction noise
management plan with an enforcement policy-, and a maintenance p|8D for the temporary construction
site; Said plan shall be subieCttOthe review and approval by the Planning Department p�0rtOthe
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 p|an� failure to
comply may lead to a suspension o[revocation Ofthis Major US88peci8|P8rnoi1.
9\|nsofGrasthisMajorUse Special Permit iDdudes the subordinate approval of8series of
Q | ' �i�| F`8mnits f0rvv� which specific dB�oi|S have n�� y�� b8�� developed �[ provided, the
Class Special // .
-�p|iC/n1gh-||providetheP|@nOin D8pa�rnentvvith@Usubordinate (�lasS|��peda|Pe[[nitplans and
detailed requi[9nnentsfor �no!review and approval ofeach one prior tothe issuance Ufany ofthe
subordinate approvals required in order to carry out any of the requested activities and/or
improvements listed inthis development order Urcaptioned inthe plans approved byit.
10)!ftheproject is tobedeveloped inphases, the Applicant U
o8Oteh�sub[nitonirderiD1p|oD,
vv
including ' landscapep|8n.hichaddr9nsesd86igndetai|nfOrthe|and0CCUpyingfutur8phasesOf
this Project in the ev
ent that the future phases are not deve|oped, said plan shall include 8 proposed
timetable and shall besubject toreview and approval bVthe Planning Director,
11\PUnsugnt todesign related nn[OFnentSreceived bythe Planning [)irector.the applicant ShuU
meet the' following conditions: (a) The use of the proposed aign8ge on the top of the building needs to
be detailed. Digitally lighted art (moving or still) is oUovvad, however advertisements would not be
oUOvved as proposed and would need to follow the City of Miami sign ordinance-, (b) Separate review
and approval shall be required for all building Si8nage-, (b) The uo�o, of the proposed "boxes"
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File Number: 06-00377mu
projecting from the facade shall be changed from the rendered mustard or yellow color. Final color
selection shall be subject to review and approval by the Planning Director.
12) Pursuant to comments by the City of Miami Public Works Department, the following
conditions shall be required of the applicant: (a) Platting of the property will be required in order to
close and vacate the 10 foot alleys within this property; (b) NE 15 17th Terrace - Construct new
concrete sidewalk, curb and gutter on both sides of the street adjacent to the project site. Mill and
resurface the entire width, curb to curb, between NE 2nd Avenue and NE 2nd Court. Coordinate
improvement with the °'Bayview Marketplace' project; (c) NE 2nd Court - Replace all broken and
damaged sidewalk, curb and gutter at the corner radius per Miami -Dade County standards. Construct
new sidewalk along the 25-foot required corner dedication area. Mill and resurface the entire width,
curb to curb between NE 17th Terrace and NE 18th Street. Coordinate the improvements with the
"Ellipse" project; (d) NE 2nd Avenue - Construct new concrete sidewalk along the 25-foot required
corner radius. Replace all broken and damaged sidewalk, curb and gutter adjacent to the project site.
Construct new curb and gutter at the corner radius per Miami -Dade County standards. Mill and
resurface the entire width, curb to curb, adjacent to the project site. Coordinate street improvements
with Miami -Dade Public Works Department and the "Bayview Marketplace" project.
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 January 10, 2006.
14) A development bonus to permit a mixed use of 43,483.58 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 $539,196.39.
15) Pursuant to the Historic and Envonmentl Preservation Board Resolution 206-56, the
applicant shall meet the following condition for the partial demolition of the S & S restaurant at 1757
NE 2nd Avenue: (a) The restaurant building shall be maintained as a restaurant; and (b) The applicant
shall provide a new kitchen for the restaurant to replace the demolished kitchen.
16) 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
City of Miami
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(2) the PROJECT will efficiently use public transportation facilities; and
(3) the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment; and
(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural resources of the
City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be mitigated through conditions of
this Major Use Special Permit.
The proposed development does not unreasonably interfere with the achievement of the objectives
of the adopted State Land Development Plan applicable to the City of Miami.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
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.
City of Miami
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