HomeMy WebLinkAboutPAB LegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan
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 (MU-2006-011), 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, 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 IN ADDITION TO APPROXIMATELY
60,000 SQUARE FEET OF EXISTING INDUSTRIAL SPACE; AND APPROXIMATELY
592 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 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 (MU-2006-011)
(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 *-"
q/'Mar ni
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File Number: 06-00377rnu
by a vote of --- to --- (*-*), recommending ---- with conditions as presented in the Major
Use Special Permit Development Order as attached and incorporated; and
WHEREAS, the City Commission deems it advisable and in the best interest of
the general welfare of the City of Miami to issue a Major Use Special Permit
Development Order as hereinafter set forth;
NOW, THEREFORE, BE 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;
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File Number 00-00377mu
(2) Siting should minimize the Yes. *Yes.
impact of automobile parking
and driveways onthe pedestrian
environment and adjacent
properties;
(3) Buildings oncorner lots Yes. *Yes.
should beoriented tothe corner
and public street fronts.
11) Architecture and Landscape Architecture:
U\Aproject shall bedesigned Yes. *Yes.
8ncomply with all applicable
landscape ordinances;
(2) Respond tVthe neighborhood Yes. *Yes.
context;
/3\Create mtransition inbulk `/8s. *Yes.
and scale;
.
kU Use architectural styles Yes. *Yes.
and details (such auroof lines
and fenestration).colors and
materials derivative from
surrounding area;
(5)Artiou|ate the building facade Yea. *Yes.
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
U|)Pedestrian Oriented Development:
(1)Prnnnote pedestrian Yes. *Yes.
interaction;
(2)Design facmdesthat Yea. *Yes.
respond primarilytothe
human scale;
.
(3) Provide active, not blank Yea. *Yes.
facades. Where blank walls
are unavoidable, they should
receive design treatment.
|\) Streetsuapeand Open Space:
(1) Provide usable open space Yes. *Yes.
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2)Landocaping. including plant Yes. ^YeG
nnohara|, treUisea, special
pavements, screen walls, planters
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and similar features should be
appropriately incorporated to
enhance the project.
V)Vehicular Access and PadkinO:
/1>Design for pedestrianand Ye;. *Yes.
vehicular safety to minimize
conflict points;
(2) Minimize the number and Yes. *Yes.
width ofdriveways and curb
cuts;
/2A Parking adjacent to a street Yes. *Yes.
front should beminimized and
where possible should be
located behind the building-,
(4) Use surface parking areas Yes. *Yes.
oadistrict buffer.
V|) 8creeninq:
(1)Provide landscaping that Yes. *Yes.
screen undesirable e|ennents,
such assurface parking lots,
and that enhances space and
architecture;
(2) Building sites should locate Yes. *Yes.
service elements like trash
dunnpstar. loading docks, and
mechanical equipment away
from street front where possible.
When elements such as
durnpotaro, utility nnetern,
mechanical units and service
areas cannot belocated away
from the street front they should
besituated and screened from
view to street and adjacent
properties;
/3\Screen parking garage Yea. *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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File Number 06-00377mu
(1) Design eiQnageappro iote Yes. *Yes.
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as o design Yes. *Yes.
feature 0othe building facado,
on and around landscape
mnamn, special building or
site features, end/oroignoge;
(3) Orient outside lighting to Yes. *Yes.
minimize glare to adjacent
properties;
(4) Provide visible ei8noge Yes. *Yes.
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
V1U)Preservation ofNatural Features:
U\Preoenxe existing vegetation Yea. *Yes.
and/or geological f8Etu[9S
whenever possible.
IX) Modification of Nonconformities:
(1) For modifications Qf Yes. *Yes.
nonconforming structures,
noincrease inthe degree of
nonconformity shall be
allowed;
(2)Modifications that conform Yes. *Yes.
tocurrent regulations shall be
designed toconform tothe scale
and context ofthe nonconforming
structure.
*Compliance is subject to conditions.
These findings have been made bxthe City Commission toapprove this project vvith
conditions.
d. The PROJECT iaexpected tocost approximately $187.385.308and to
employ approximately 183workers during construction /FTE'FuUTlnne Employees); The
project will 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 (2006duUars).
e. The City Commission further finds that:
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File Number 0Of00377mv
(1) the PROJECT will have a favorable impact on the economy of the
/2> the PROJECT will efficiently use public transportation facilities;
(3) any potentially adverse effects ofthe PROJECT will bemitigated
through compliance with the conditions of this Major Use Special Permit;
(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 0fthe City;
(7) the PROJECT will not adversely affect living conditions inthe
neighborhood;
(0) the PROJECT will not adversely affect public safety;
(S) 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 sahaty, solid waste, heritage conservaUmn,
treeo, shoreline development, minority participation and employment, and minority
contractor/subcontractor participation will be mitigated through compliance with the
conditions of this Major Uae Special Permit.
SeuUonO. The Major UaeSia| Pennit, as approved and amended, shall
bebinding upon the APPLICANT and any successors ininterest.
Section 7. The application for Major Use8 'm|Pemnk.vvhichvvms
submitted on March 6, 2006, and on file with the Planning Department of the City of
Mimnni. 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 ocopy ofthis Resolution and attachment tothe APPLICANT.
Section9. The Findings cfFact and Conclusions ofLaw are made with
respect tothe Project GsdeachbedintheDeve|opmentOrderfo[the PROJECT,
incorporated within.
Section 10. The Major Use Special Permit Development Order for the
PROJECT iagranted and issued.
Section 11. In the event that any portion or section of this Resolution or the
Development Order isdetermined to be inva|id, iUega|, or unconstitutional by court or
agency of competent juriadiction, such decision ahmU /n 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 Pemnit, as
approved, shall commence and become operative thirty /3O\days after the adoption of
the Resolution.
Section 13. This Major Use 8peu)e| Pennd, as mpproved, shall expire two (2)
years from its commencement and operative date.
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File Number O0'O0377mo
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 {Jnjinanm* of the City of K8ianni' Florida, as amended (the "Zoning
Ordinance"), the Commission of the City of W1imnni. Florida, has considered in a public
hearing, the issuance 0faMajor Uae8pecio|Permith)rKJrbanaTower(K8U-2OO8-011).
(hereinafter referred tomothe "PRC>JECT`')tobe located at approximately 1741. 1753
and 1773 NE 2ndAvenue. 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 ufthe recommendations of the Planning Advisory Board
and after due consideration cf the consistency ofthis proposed development with the
Miami Comprehensive Neighborhood Plan, the City Commission has approved the
PROJECT, and subject tothe following conditions approves the Major UoeQpaoia|
Permit and iaeuao this Permit:
FINDINGS (lFFACT
PROJECT DESCRIPTION:
The proposed PROJECT ioamixed use development tubelocated mt
approxinnmte|y1741' 1753and 1773NE2ndAvenue, 221 and231 NE17lhTerrace; and
1768NE2nd Court, W1imnni` Florida. The PROJECT is located on agross lot area cf
approximately 1.99± acres and a net lot area of approximately 1.333± acres of land
(nnono specifically described on "Exhibit A", incorporated herein by reference). The
remainderofthePRC}JECT`sOatoSheetimmttachadGndinco[ponatedas"ExhibitB"
The proposed PROJECT will be an approxinnmtm445-b)nt. 37-story high mixed use
structure to be comprised of approximately 100 total multifamily residential units with
recreational amenities; approximately 12O.1O2square feet of office space; approximately
9.846 square feet ofretail space; and approximately 592 total perking spaces; providing
for certain floor area ratio (''FAR^)bonuses.
The Major Uoe8 io|PennitApo|icationforthePROJECTa|aoenconnpaaaen
the following lower ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERMIT, msper Article 17, Section 1701. Definition (9)and
Article 5. Sect. 502. PUDdisthctG; minimum area, maximum densities and maximum
floor area ratios permitted /a\(c), to allow up to 20 96 increase of floor area n@dn. for
an increase of approximately 34.78O.8Osquare feet offloor area;
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File Number 05f)V377nu
MAJOR USE SPECIAL PERMIT, moper Article 17. Section 1701. Definition (8)and
/\rhde 9. Section 914, Sub -Section 914.1 OvveUinO 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 ofapproximately 43.483.58 square feet, the user shall make a
non-refundable bonus developer contribution of an amount of $539'190.39 to the
Affordable Housing Trust Fund administered by the City of K8ionni�
MAJOR USE SPECIAL PERM|T, as per Article 17. Section 1701. Definition (7), to
mUovv in a any single use or combination of uses requiring or proposing to provide in
excess of five hundred (500) off-street parking spaces;
CLASS UUSPECIAL PERMITS
CLASS U SPECIAL PERMIT, aeper Article 8. Section923. Sub -Section 823.2. Sub -
Section 923.2.1. Reduction in stall dimensions by Class U Special Permit; orbeho and
limitations on reductiona, to allow reduction of one (1) loading berth dimensions as
Required number ofloading berth: Three WU 12 feet vide x 35 feet long x 15
feet high
Proposed number ofloading berth: Three (3) 12 feet wide x 35 feet long x 15
feet high
One /1> 1Ofeet wide x20feet |VnQ n 15
feet high
CLASS || SPECIAL PERMIT, osper Article 8. Section S27.Temporary structures,
nooupanoiea, and uses during construction, criteria for special permita, to allow
temporary ctructures, occupancieo, and uses reasonably necessary for construction
such as construction hence, covered walkway and if encroaching public property
must beapproved byother city departments;
CLASS || SPECIAL PERMIT, maper Article 15, Section 1512, C|moaU Special Permit
required for waiver of design standard and guide|inem, to allow m waiver of City of
Miami Off-street Parking Guides & 8tmndands, only for reduction of required backup
distance in driveway isles from 23feet to 22feet;
CLASS | SPECIAL PERMITS
CLASS | SPECIAL PERM|T, as per Article 0, Section 906. Sub -Section 800.8.
Temporary special events; special permits; crbeho, to allow temporary omrnivm|,
feotivo|, hair or similar type event on privately owned or City -owned land such as a
ground breaking ceremony;
CLASS | SPECIAL PERK8|T, as per Article 9, Section 910. Sub -Section 916.21.
Temporary special evert pmrhinO, to mUovv parking for temporary special evert such
as ground breaking ceremonies;
CLASS | SPECIAL PERW1|T, as per Article S. Section 918. Sub -Section 918.2.
Temporary off-street offsite parking for construction crews, criteria, to allow
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File Number 06+70J77mo
temporary off-street offsite parking for construction crews working on @c0mnnenciol-
residential project under construction;
CLASS | SPECIAL PER[N|T, as per Article Q. Section 920. Sub -Section 3201.2.
Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers
or manufactured hVnnea, when authorized for security or other purposes in
connection with land development such on construction trailer(s) and other
temporary construction offices such as watchman's quarters, leasing and sales
centers;
CLASS | SPECIAL PERMIT, as per, Article 6, Section 820.8. Article 10. Section
10.5. Sub -Section 10.54.3. C-1 Restricted Connnnercio|, Temporary Signs /3\. to
allow temporary development signs;
RE(2UEGT, for waiver of Chapter 36 NVise, Section 30'0 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 3O-O(o) and all the applicable criterim�
REClUESTfnrmppUnmb|aPHA8EOPRCQECT.Gubectoqua|ificati0nsbvtheOirectVrof
the Planning Department, at the written request of the property owner (s)
REQUEST for applicable M[)S[zconditions tDbe satisfied at the time OfShell Permit
instead of at issuance of Foundation Permit:
m\The requirement torecord inthe Public Records aDeclaration ofCovenants
and Restrictions providing that the ownership, operation and maintenance Ofall common
areas and facilities will be by the property owner or a mandatory property owner
association-,and
b) The requirement to record in the Public Records a unity of title or covenant in
lieu of unity of title.
Pursuant toArticles 5.9.13and 17nfZoning Ordinance 110OO.approval of the
requested Major UaeSpeoia|PennitshoUbeconsideredsufficientforthmoubnrdinate
permits requested and referenced above as well as any other special approvals required
bythe City which may bmrequired tocarry 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 onfile prepared by Urban Resource Group, dated February3. 2006;
said design and landscape plans may be permitted to be modified only to the extent
necessary tncomply with the conditions for approval imposed herein; GU modifications
shall besubject to the review and approval 0fthe Planning Director prior tothe issuance
of any building permits-, and
The PROJECT conforms tothe requirements ufthe exiadngC-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
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File Number: 06'00377mu
existing comprehensive plan future land use designation VntheaubheutppopedxaUovva
the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY {}Fl
SEVERALLY, PRIOR TOTHE ISSUANCE OFANY 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 m security survey, at the option
of the [)epartnnent, and to make recommendations concerning security measures and
systems; further submit m report to the Planning DepGrtnnent, prior to commencement of
oonntrucdnn, demonstrating how the Police Department naconnnnendctions, 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, orprovide aletter from the Department CfFire-Rescue
indicating APPLICANT'S coordination with members of the Fine Plan Review Section at
the Department ofFire-Rescue inthe review of the scope ofthe PROJECT, owner
rasponsibi|ity, building development process and review procedures, as well as specific
requirements for fire protection and |ihs safety ayaterna, exitinO, vehicular access and
water supply.
4\Obtain approval from, orprovide aletter ofassurance from the Department nf
Solid Waste that the PROJECT has addressed all concerns ofthe 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 fmUovv the provisions of the Cib/'o Minority/Women Business Affairs
and Procurement Program as a guide.
G\ 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 ovvnerahip, operation and
maintenance of all common areas and facilities will be by the property owner or a
mandatory property owner association inperpetuity.
7) Prior to the issuance of shell pennit, provide the City with m recorded copy of
the MUSPpermit resolution and development order, and further, anexecuted, record
able unity of title or covenant in lieu of unity of title agreement for the subject property;
said agreement shall be subject tothe review and approval ofthe City A#orney'sOffice.
City oJ"Mami
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File Number 00-00377mo
8\ Provide the Planning Department with a temporary construction plan that
includes the following: mtemporary construction parking p|an, 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 toasuspension orrevocation cf this Major Use Special Permit.
9>|nsofar aothis Major Usa8pecia|PennitindudeathesubnrdinatoapprVxo|of
a series of Class | 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 ofeach one prior tothe issuance ofany cf the subordinate approvals required
in order to carry out any of the requested activities and/or improvements listed in this
development order orcaptioned inthe plans approved byit.
1CA|fthe project iotobedeveloped inphases, the Applicant shall submit an
interim p|an, including a landscape p|an, which addresses design details for the land
occupying future phases ofthis Project intheevent that the future phases are not
developed, said plan shall include oproposed timetable and shall besubject to review
and approval bythe Planning Director,
1 1> Pursuant to design related comments received by the Planning Oinector, the
applicant shall meet the following conditions: (m) The use of the proposed oigna0e on the
top of the building needs to be detailed. Digitally lighted art (moving or still) is aUovved,
however advertisements would not be allowed as proposed and would need to follow the
City of Miami sign ordinance; (b) Separate review and approval shall be required for all
building ei8nage; /b\ The color of the proposed ''boxmo^ projecting from the fagode shall
bechanged from the rendered mustard oryellow color. Final color selection shall be
subject toreview and approval bythe 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
in�i rder��oseand vm��the 1O��aUeyew�hin�ispmpedv;(NNE15
17"'Terrace — Construct new concrete sidewalk, curb and gutter onboth sides of the
street adjacent tothe project site. Mill and resurface the entire width, curb to ourb,
ux
between NE 2 " Avenue and NE 2 nCourt. Coordinate improvement with the ''Bayview
Marketplace" p � ��c�� /o> NE 3 Court— Replace all broken and damaged sidevva|k, curb
and gutter at the corner radius per Miami -Dade County standards. Construct new
sidewalk along the 25-foot required corner dedication area. K8iU and resurface the entire
vv|dth, curb tocurb between NE 17m T�namsand NEE 18,o Street. Coordinate the
improvements with the ^B|ipoe" project; (d) NE 2"" Avenue — Construct new concrete
sidewalk along the 25-foot required corner radius. Replace all broken and damaged
sidevvm|k, 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 vvidth,
curb to curb, adjacent to the project site. Coordinate street improvements with K8iGnni-
[)mde Public Works Department and the ''Bayvievv Marketplace" project.
13APrior tothe issuance of abuilding permit, the applicant shall submit a letter of
approval of the proposed height from the Miami -Dade County Aviation Department. If no
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File Number* O0-00377mu
such approvals are granted, the height ofthepr0000edproectahmUbereducedhuthooe
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated January 1O.2DO6.
14\/\development bonus topermit amixed use of43.4O3.5Bsquare feet Vffloor
area shall require onon-refundable payment to the Affordable Housing Trust Fund ofan
amount of $12.40 per square foot for o total of $539.190.39.
15) Pursuant to the Historic and Environmental Preservation Board Resolution
2O00-5O.the applicant shall meet the following conditions for the partial demolition ofthe
S & 0 restaurant at 1757 NE 2 ndAvenue: (a) The restaurant building shall be maintained
as a restaurant; and /b\ The applicant ahmU provide m new kitchen for the restaurant to
replace the demolished kitchen.
1E0 Within 90 days of the effective dote of this Development Order, record a
certified copy of the Development Order specifying that the Development Order rune
with the land and is binding on the Applicant, its auccesoore, and mssigns, jointly or
severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date
ofits issuance; the issuance date shall constitute the commencement ofthe thidv(3[)
day period toappeal from the provisions Cf the Permit.
CONCLUSIONS OFLAW
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 0fMiami, and complies with local land development
regulations and further, pursuant to Section 1703 of the Zoning Ordinance:
U\ the PROJECT will have ofavorable impact onthe economy ofthe City;
and
(2) the PROJECT will efficiently use public transportation facilities; and
(3) the PROJECT will favorably affect the need for people to find adequate
housing reasonably accessible totheir places ofemployment; and
(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural
resources ofthe City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(0) 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 of the adopted State Land Development Plan applicable
to the City of Miami.
Page /Zv//3 })ixtedOn: 613u1200o
File Number 06-00377mu
APPROVED AS TO FORM AND CORRECTNESS:
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 of* Miami
Page 13 of/3 Printed On: 6/30/2006