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Legislation
Resolution
City Hall
3500 Pan
American Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-01507mu Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO
ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR
THE FIVE PROPERTIES PROJECT, TO BE LOCATED AT APPROXIMATELY 4350
NORTHWEST 10TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN
APPROXIMATE 77-FOOT, 7-STORY HIGH MIXED USE STRUCTURE TO BE
COMPRISED OF APPROXIMATELY 155 TOTAL MULTIFAMILY RESIDENTIAL
UNITS WITH RECREATIONAL AMENITIES; AND APPROXIMATELY 321 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 June 6, 2006, Javier F. Avino, Esquire, on behalf of Five
Properties, LLC (referred to as "APPLICANT"), submitted a complete Application for
Major Use Special Permit for Five Properties (referred to as "PROJECT") pursuant to
Articles 5, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at
approximately 4350 NW 10th Street, 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 August 3, 2005 to
consider the proposed project and offer its input; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on
December 7, 2005, Item No. 1, following an advertised public hearing, recommendation
of DENIAL for a Land Use Change passed (Reso. PAB 117-05), by a vote of six to one
(6-1); and
WHEREAS, the Urban Development Review Board met on December 21, 2005,
to consider the proposed project and recommended APPROVAL; and
WHEREAS, the Miami Zoning Board, at its meeting held on January 9, 2006,
Item No. 11, following an advertised public hearing, recommendation of DENIAL for a
Change of Zoning passed (Reso. ZB-06-1113), by a vote of seven to two (7-2); and
WHEREAS, the Miami City Commission, at its meeting held on April 27, 2006,
Item No. 5, following an advertised public hearing, recommendation of APPROVAL for a
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File Number 05f}15O7mo
Land Use Change passed ({}rd.127Q3).bvavote Vffive tozero /6-O\;and Item No. 5.
following an advertised public hearing, recommendation ofAPPROVAL for m Change of
Zoning passed (Ord. 12794), by a vote of five to zero (5-0); and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on
Se[tennber8. 2006 |benn No. 0, following an advertised public hearing, adopted
Resolution No. PAB ^-^ by a vote of-- to -- /°-°\. recommending --vvith conditions as
presented inthe Major Use@pecia|PemnitQeVe|opmentC}rderas attached and
incorporated; and
WHEREAS, the City Commission deems it advisable and in the best interest of
the general vve|hana of the 0b/ of Miami to issue m Major Use Special Permit
Development Order mehereinafter set forth;
NOW, THEREFORE, BE|TRESOLVED BYTHE COMMISSION [>FTHE CITY
C)FM|AMi 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. AMajor Uoe Special Permit Development Order, incorporated
vvithin, 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 4350 NW 1CVh Etree{, Miami, Florida, more
particularly described on"Exhibit A.^attached and incorporated.
Seotion3. The PROJECT is approved for the construction of an approximate
77-foot, 7-story high mixed use structure to be comprised of approximately 155 total
rnu|dfonli|y residential units with recreational amenities; and approximately 321 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.
Section5. The findings offact set forth below are made with respect hzthe
subject PROJECT:
o. The PROJECT iainconformity with the adopted Miami Comprehensive
Neighborhood P|an, as amended.
b. The PROJECT is in accord with the proposed F(-4 (W1u|hhanni|y High -Density
Residential) zoning classification of Zoning Ordinance No. 11000. the Zoning Ordinance of
the City of Miarni. Florida, as amended.
C. Pursuant to Section 1305.2 of the Zoning {]rdinance, 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 h}|/ovving
Design Review Criteria subject to the any applicable conditions in the Development
Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
|) Site and Urban P|mnning:
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File Number: 05-01507mu
(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
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
that allows for convenient and
Yes. *Yes.
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File Numhmc05-015O7mu
visible pedestrian access from
the public sidewalk;
(2)Landsoaping. including plant Yes. *Yes.
material, trellises, special
pavennents, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
V)Vehicular Access and Poddnq:
(1)Design foroedesthanond Yes. *Yes.
vehicular aofeb/ to minimize
conflict points;
CZ> Minimize the number and Yea. *Yes.
width Ofdriveways and curb
cuts;
(3) Parking adjacent to a street Yea. *Yes.
front should be minimized and
where possible should be
|OoaUad behind the building;
NU Use surface parking areas Yes, *Yes.
msdistrict buffer.
V|) 8creeninq:
/1> Provide landscaping that Yes. ~Yes.
screen undesirable elements,
such eosurface parking lots,
and that enhances space and
architecture;
(2) Building sites should locate Yes. *Yes.
aen/ims elements like trash
dunnpoter.loading docks, and
mechanical equipment away
from street front where possible.
When elements such as
dunnpstera, utility nneters,
mechanical units and service
areas cannot belocated away
from the street front they should
be situated and screened from
view tostreet and adjacent
properties;
(3) Screen parking garage Yes. *Yes.
structures with program uses.
Where program uses are not
feasible soften the garage
File Number- O5-01507mv
landscaping, and/or other
suitable design element.
VI|)Giqngqeand LiqhtinU:
U>Design oignageappropriahe Yes. *Yes.
for the scale and character of
the project and immediate
neighborhood;
/2\ Provide lighting as m design Yes. *Yes.
feature hothe building facade,
on and around landscape
anaae, special building or
site features, and/orai0naOe;
(3) Orient outside lighting to Yes. *Yes.
minimize glare to adjacent
properties;
(4) Provide visible signoge Yes. *Yes.
identifying building addresses
at the entrance(s) as e
functional and aesthetic
consideration.
VU|) Preservation of Natural Features:
(1)Preserve existing vegetation Yee. *Yes.
and/or geological features
whenever possible.
IX) Modification of Nonconformities:
<1\For modifications of Yes. *Yes.
nonconforming structures,
noincrease inthe degree oy
nonconformity shall be
allowed;
(2)Modifications that conform Yes. *Yes.
tocurrent regulations shall be
designed toconform tothe scale
and context ofthe nonconforming
structure.
*Compliance kSsubject b}conditions.
These findings have been made bythe City Commission toapprove this project vvith
conditions.
File Number 05f/1507mu
d. The PROJECT isexpected tocost approximately $67.126.928. and to
employ approximately 102 workers during construction (FTE-Full Time Employees); The
project will also result in the creation of approximately 10 permanent new jobs (FTE) for
building operations and will generate approximately $843.35Oannually intax revenues
to the City (2006doUmrs),
e. The City Commission further finds that:
(1) the PROJECT will have afavorable impact onthe economy of the
Cdv�'
��
(/) the PROJECT will efficiently use public transportation facilities;
(3) any potentially adverse effects of the PROJECT will bamitigated
through compliance with the conditions ofthis Major UaeQpeoia|Pennb;
/4\ the PROJECT will favorably affect the need for people to find
adequate housing reasonably accessible totheir places ofemployment;
/5\ the PROJECT will efficiently use necessary public facilities;
(0) the PROJECT will not negatively impact the environment and
natural resources of the City;
(7) the PROJECT will not adversely affect living conditions inthe
neighborhood;
(8) the PROJECT will not adversely affect public safety;
(9) based onthe record presented and evidence presented, the public
welfare will baserved bythe PROJECT; and
(10) any potentially adverse effects Vfthe PROJECT arising from
safety and security, fire protection and life safety, solid waste, heritage conservation,
tneen, 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 8. The Major Use Special Permit, as approved and amended, shall
bebinding upon the APPLICANT and any successors ininterest.
Section 7. The application for Major Use Special Pemnit, vvhidl was
submitted on June0. 2006. and onfile with the Planning Department ofthe 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 ocopy ofthis Resolution and attachment tothe APPLICANT.
SeotionS. The Findings DfFact and Conclusions ofLaw 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 iogranted 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 ofcompetent jurisdiction, such decision shall innomanner affect the remaining
portions of this Resolution or Development Order which ahoU marna)n in full force and
File Number: 05-01507mu
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
Let it be known that pursuant to Articles 5, 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 Five Properties (hereinafter
referred to as the "PROJECT") to be located at approximately 4350 NW 10th Street,
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 4350 NW 10th Street, Miami, Florida. The PROJECT is located on a
gross lot area of approximately 2.02± acres and a net lot area of approximately 1.38±
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 77-foot, 7-story high mixed use
structure to be comprised of approximately 155 total multifamily residential units with
recreational amenities; and approximately 321 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
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File Number: 05-01507mu
floor area ratios permitted (a) (b), to allow up to 20% increase of floor area ratio, for
an increase of approximately 11,788 square feet of floor area;
VARIANCES
REQUEST, for VARIANCES, as per, Article 19, Section 1901, Article 4, Section 401,
Required Setbacks; to allow an increase over the allowed building footprint:
Required: 35,258 feet 40% of GLA
Proposed: 46,369 feet 53% of GLA
Request to be waived: 11,111 feet 13% of GLA
REQUEST, for VARIANCES, as per, Article 19, Section 1901, Article 4, Section 401,
Required Setbacks; to allow a reduction of the required front yard at NW 43 Court:
Required: 20 feet
Proposed: 10 feet
Request to be waived: 10 feet
REQUEST, for VARIANCES, as per, Article 19, Section 1901, Article 4, Section 401,
Required Setbacks; to allow a reduction of the required side street yard at NW 10
Street:
Required: 15 feet
Proposed: 10 feet
Request to be waived: 5 feet
REQUEST, for VARIANCES, as per, Article 19, Section 1901, Article 4, Section 401,
Required Setbacks; to allow a reduction of the required side street yard at NW 9
Street:
Required: 15 feet
Proposed: 10 feet
Request to be waived: 5 feet
CLASS II 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 in dimensions of two (2) loading berths
dimensions as follow:
Required: Three (3) 12' wide x 35' long x 15' high
Proposed: One (1) 12' wide x 35' long x 15° high
Two (2) 10' wide x 20° long x 15' high
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512.Class II Special Permit
for waiver of Design Standard and Guidelines, Sub -Section 1512.1(b). To be
considered in the granting of waivers of design standard and guidelines, to request a
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File Nuob*cD5'O/507mu
waiver ofOffstreet Parking Guides and Stmndondo. City of Miami for reduction of
required backup space for parking;
Required: 23feet
Proposed: 22feet
Request to be waived: 1 feet
CLASS U SPECIAL PERMIT, anper Article 15. Section 1512, ClaeaU Special Permit
required for waived of design standard and guidelines to @Uoxv a waiver of City of
Miami Offstreet Parking Guides and Standards requirement of one (1) additional foot
in St@|| diO0eD3iOD where the side of any St@|| abuts aVVG||. cO|UnlD, fence, building, Or
other physical obSt[UCUOD. to 8||DVV the DliOi[DUFn stall width dimension of 0'-6" from
face Ofany obstruction for approximately 88(31%)parking spaces out of321 parking
spaces provided;
CLASS USPECIAL PERMITS
CLASS | SPECIAL PEFl&4|T. as per Article g, Section 927. Temporary otructureS,
oocupmnoiee, and uses during conmtruction, criteria for special permits, to GUovv
temporary structures, oocupmnoieo, and uses reasonably necessary for construction
such as construction fence, covered vvm|hvvay and if encroaching public property
must beapproved byother city departments;
CLASS | SPECIAL f`ERK8|l[. GS per Article 8. Section SOO. Sub -Section 906.9.
Temporary special events; special permits; oriteho, to allow temporary ca[nivg|,
fectivm|, fair or similar typo event on privately owned or City -owned land such as a
ground breaking ceremony;
CLASS | SPECIAL PERMIT, as per Article 9, Section 816. Sub -Section 918.2.1.
Temporary special event parking, to allow parking for temporary special event such
as groundbreaking ceremonies;
CLASS | SPECIAL PEF<K8|T, as per Article 8, Section 918` Sub -Section 918.2.
Temporary Off -Street offsite parking for construction orews, chteha, to mUmm
temporary off-street offsite parking for construction urexvo working on e residential
project under construction;
CLASS | SPECIAL PERMIT, as per Article B. Section 920. Sub -Section 920.1.2.
Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers
or manufactured honnaa, when authorized for security or other purposes in
connection with land development such as construction trailer(s) and other
temporary construction offices such as watchman's quarters, leasing and sales
centers;
CLASS | SPECIAL PERMIT as per Article 10. Section 10.53. Sub -Section
10.5.3.4(3). R-4 K8Vltif@[DUy High -Density Residential — Sign Regulations, to @l|OVV
temporary signs for development;
REQUEST, for waiver of Chapter 36 NVise, S8CdOO 38-8 Construction Equipment (s)
Page 9 of'] 3 Printed On.- 813112006
File Number D5f7/5O7mu
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 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 oxvnenahip, 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 torecord iOthe Public Records @ unity Oftitle D[covenant iO
lieu of unity of title.
Pursuant t0Articles 5.13and 17of Zoning Ordinance 11OOO.approval ofthe
requested Major Uee Special Permit shall be considered sufficient for the subordinate
permits requested and referenced above aowell aSany other special approvals required
bythe City which may berequired tVcarry out the requested plans.
The PROJECT shall be constructed substantially )naccordance with plans and
design schematics oDfile prepared bvW1oUhz Salazar & Architects, signed onddated
May 25, 2006; the landscape plan shall be implemented substantially in accordance with
plans and design schematics on file prepared by Marriano Corral, ASLA, signed and
dated December 0. 2OO5;said design and landscape plans may bepermitted tobe
modified only tothe extent necessary to comply with the conditions for approval imposed
herein; all modifications shall bosubject to the review and approval ofthe Planning
Director prior tVthe issuance Vfany building permits.
The PROJECT conforms tOthe requirements of the R4(Multifamily High -Density
Residential) zoning d8SSifiCation, as contained in the Zoning [)njinGDce. the Zoning
(]ndiDaDCe of the City of Miami, Florida, as amended. The proposed comprehensive plan
future land use designation on the subject property allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR
SEVERALLY, PRIOR TJTHE ISSUANCE C)FANY 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.
2) Allow the Miami Police Department to conduct @ security survey, at the option
of the Departrnent, and to make recommendations concerning security measures and
systems; further submit a report to the P|@ODiOg Department, prior to cornrn8DCenlont of
m}netruotion, demonstrating how the Police Department recOOnnnendationa, if any, have
been incorporated into the PROJECT security and construction plans, or demonstrate to
the Planning Director why such recommendations are impractical.
City vfJliom/
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File Number 05-01507mu
3)Obtain approval from, 0rprovide aletter from the Department 0fFire-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 PR[)JECT, owner
reaponaibi|ity, building development process and review prooedunea, as well as specific
requirements for fire protection and life safety oyaterno, exidng, vehicular mucemo and
water supply.
4\Obtain approval from, orprovide mletter of assurance from the Department of
Solid Waste that the PROJECT has addressed all concerns of the said Department prior
tothe obtainment ofoshell 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 tofollow the provisions of the City'a Minority/Women Business Affairs
and Procurement Program anmguide.
O> Record the following in the Public Records of Dade County. Florida, priortu
the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration ofCovenants 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 inperpetuity.
7\ Prior to the issuance of mh8U permit, provide the City with 8 recorded copy of
the K8UGP 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 besubject tothe review and approval ofthe City AttVrney'sOffice.
8)Provide the Planning Department with mtemporary construction plan that
includes the following: a temporary construction parking p|an, with an enforcement
policy; aconstruction noise management plan with @nenforcement policy; and a
maintenance plan for the temporary construction site; said plan shall be subject to the
review and approval bythe Planning Department prior 10 the issuance 0f 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 tonsuspension nrrevocation of this Major Uoe8peoio|Pornnit.
S) In sofar aothis Major Use Special Permit includes the subordinate approval 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 | 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 orcaptioned inthe plans approved byit.
10>|fthe project iatubedeve|npedinphaoes.theApo|ioGrt8haUoubmhan
interim p|an, including o 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 aproposed timetable and shall be subject to review
and approval by the Planning Director.
File Number: 05-01507mu
11) Pursuant to comments by the City of Miami Public Works Department, the
following conditions shall be required of the applicant: (a) NW 91" Street and NW 101"
Street - Replace all broken and damaged sidewalk, curb and gutter on both sides of the
streets. Mill and resurface the entire width, curb to curb, between NW 43rd Avenue and
NW 43rd Court; (b) NW 43rd Avenue and NW 43rd Court - Replace all broken and
damaged sidewalk, curb and gutter on both sides of the avenues. Mill and resurface the
entire width, curb to curb, between NW 91" Street and NW 101" Street.
12) 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 August 3, 2005.
13) 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.
14) 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
(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
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File Numhoc05-0/5V7nm
(E) any potentially adverse effects ofthe PROJECT will bemitigated through
conditions ofthis Major UeeGpeuia|Pennh.
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 LFEF{NAN[>EZ
CITY ATTORNEY
..Footnote
(11 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
Res0|uUVn, it shall become effective immediately upon override ofthe veto bythe City
Commission.
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