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HomeMy WebLinkAboutPAB LegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-01019mu 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 LOFTIKA PROJECT, TO BE LOCATED AT APPROXIMATELY 3271 AND 3299 NORTHWEST 7TH STREET, 726 NORTHWEST 32ND PLACE, AND 725 AND 733 NORTHWEST 33RD AVENUE, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 149-FOOT, 13-STORY HIGH MIXED USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 183 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 14,875 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 11,306 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 473 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 2, 2006, Ben Fernandez, Esquire, on behalf of Dimar and Brothers, LLC and Santiago D. Hernandez (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for Loftika (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 3271 & 3299 NW 7th Street, 726 NW 32nd Place, and 725 & 733 NW 33rd Avenue, 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 April 5, 2006 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on April 19, 2006, to consider the proposed project and recommended APPROVAL; and WHEREAS, the Miami Zoning Board, at its meeting held on July 10, 2006, Item No. 8, following an advertised public hearing, recommendation of APPROVAL of a Change of Zoning passed (Reso. ZB-06-1203), by a vote of five to two (5-2); and WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 6, 2006 Item No, 5, following an advertised public hearing, adopted Resolution No. PAB *-* by a vote of --- to --- (*-*), recommending ---- with conditions as City of Miami Page 1 of 13 Printed On: 8/31/2006 File NumhocD0-0/0/0mu presented inthe 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 vve|hana of the City of Miami to issue m Major Use Special Permit Development Order a8hereinafter set forth; NOW, THEREFORE, BE[TRESOLVED BYTHE COMMISSION (}FTHE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted byreference and incorporated aaif fully set forth inthis Section. Section 2. AMjorUoe8pacje|Pemnit Development Order, incorporated vvithin, is approved subject tothe conditions specified in the Development Order, per Article 17ofZoning Ordinance No. 11O00.for the project tobedeVe|opedhythe Applicant, located adapproximately 3271 & 3299 NVV7th Street, 726 NVV82nd P|mce, and 725 & 733 NVV33rdAvenue, Miami, Florida, more particularly described on "Exhibit A.^attached and incorporated. Section 3. The PROJECT is approved for the construction of an approximate 149-fzct. 13*tory high mixed use structure to be comprised of approximately 183 total nnu|dhanni|y residential units with recreational mnnen|dea; approximately 14.875 square feet of office space; approximately 11'306 square feet of retail space; and mpproxinnate|y473 total parking spaces; providing for certain floor area ratio ("FAR") bonuses. Section4. The Major Use Special Permit Application for the Pjecta|so encompasses the lower ranking Special Pannbs 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 ininconformity with the adopted Miami Comprehensive Neighborhood P|mn, as amended. b. The PROJECT is in accord with the proposed C-1 (Restricted Commercial) zoning classification of Zoning Ordinance No. 11000' the Zoning Ordinance of the City of M)anni. Florida, as amended. C. Pursuant to Section 1305.2 of the Zoning [)rdinanoe, 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 |)Site and Urban M@ODiOO: (1) Respond to the physical Yes. *Yes. contextual environment taking into consideration urban form File Number 06+7/010mu (2)SUjng should minimize the Yes. *Yes. impact nfautomobile parking and driveways Vnthe pedestrian environment and adjacent properties; (3) Buildings oncorner lots Yes. *Yes. should beoriented tothe corner and public street fronts. 11) Architecture and Landscape Architecture: (1)A projectshall bedesigned Yes. *Yes. to comply with all applicable landscape ordinances; (2)Respond tothe neighborhood Yes. *Yes. context; (3) Create a transition in bulk Yea. *Yes. and scale; . (4) Use architectural ab/|es Yes. *Yes. and details (such meroof lines and feDestrahVn\.colors and materials derivative from surrounding area; (5) Articulate the building facade Yea. *Yes. vertically and horizontally in intervals that conform to the existing structures in the vicinity. U|)Pedestrian Oriented Development: (1)Pponnoha pedestrian Yes. *Yes. interaction; (2) Design facades that Yes. *Yes. respond primarily tothe human aua|�� . (3) Provide actiws, not blank Yen. *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, treUises, special File Number O0f)/O/Qmu and similar features should be appropriately incorporated to enhance the project. V)Vehicular Access and PaminQ: (1) Design for pedestrian and Yes. *Yes. vehicular safety to minimize conflict points; C2> Minimize the number and Yes. *Yes. width ofdriveways 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 Yea. *Yes. modistrict buffer. \4) ScreeniOq: (1) Provide landscaping that Yea. *Yes. screen undesirable e|ements, such aesurface parking lots, and that enhances space and architecture; (2) Building sites should locate Yes. *Yes. service elements like trash dunnpeter. loading docks, and mechanical equipment away from street front where possible. When elements such mn dunnpsters, utility rneters, 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 Yes. *Yes. structures with program uses. Where program uses are not feasible soften the garage structure with tne||iaea. landscaping, and/or other suitable design element. VU)Siqnagaand Liqhdnq: File Number o6-01019mu (1)Design signogemppro imhe Yee. *Yes. for the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design Yes. *Yes. feature h)the building hacade, on and around landscape aneas, special building or site features, and/nrsignmge; (3) Orient outside lighting to Yes. *Yes. minimize glare to adjacent properties; (4) Provide visible oiQnage 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, noincrease inthe degree of nonconformity shall be allowed; (2)K8OdificatiOns that conhJ[nl Yes. *Yes. to ournard regulations shall be designed to conform to the scale and context ofthe nonconforming structure. *Compliance is subject to conditions. These findings have been made bvthe City Commission tuapprove this project vvbh conditions. d. The PROJECT iaexpected tocost approximately 848.4OO.00O.and hz employ approximately 373 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 55permanent new jobs (FTE)for building operations and will generate approximately $O7O.74Oannually |ntax revenues to the City (2006dVUars). e. The City Commission further finds that: File Number 00-010/0mo (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 ofthis Major UeeSpecio|Pemnh; /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 ofthe City; (7) the PROJECT will not adversely affect living conditions inthe neighborhood; /8\ the PROJECT will not adversely affect public safety; (S) based mnthe record presented and evidence presented, the public welfare will beserved bythe PROJECT; and (10) any potentially adverse effects ofthe PROJECT arising from safety and ueourity, fire protection and life safety, solid waste, heritage conaen/mdon, traeo, 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. SectiOn8. The Major Use Sia|Pennd.@s approved and amended, shall bebinding upon the APPLICANT and any successors ininterest. Section 7. The application for Major UmeQpecio|Pennh.vvhichvvas submitted on June 2, 2006, and on file with the Planning Department of the City of Mianni. Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference. 8ectionO. The City Manager iadirected to instruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT. SecdonS. The Findings ofFact and Conclusions ofLaw are made with respect tothe Project medeouhbodinthe0eve|opnnent{}rderforthePROJECT. incorporated within. Section 1O. The Major Use8pecim|PenndOeve|opnnentOrderforthe PROJECT iagranted and issued. Section 11. In the evert that any portion or section of this Resolution or the Development Order imdetermined tobe inva|id, iUe0a|, or unconstitutional bvacourt or agency ofcompetent jurisdiction, such decision shall innomanner 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 Pemnb, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Major Use Special Pmnnb, as mpproved, ahmU expire two (2) C'i(y of Miami File Number 00-0/O10mo Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. �1) DEVELOPMENT ORDER Let itb8known that pursuant bJArticles 5.9.13and 17CfOrdinance No. 11OOO. the Zoning Ordinance of the City of K8ianni. Florida, as amended (the, "Zoning Ordinance"), the Commission of the Qb/ of Mianni. Florida, has considered in a public hearing, the issuance nfoMajor Use Special Permit for Loftilka(hereinafter referred to as the "PROJECT") to be located at approximately 3271 & 3299 NVV7th Street, 726 NW 32nd Place, and 725 & 733 NVV33nJAvenue, K8ianni. Florida (see legal description on "Exhibit A", attached and incprporated), is subject to any dedications, |innitohonn. restrictions, reservations or easements of record. After due consideration of the recommendations ofthe 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 inouoe this Permit: FINDINGS [)FFACT PROJECT DESCRIPTION: The proposed PROJECT ioamixed use development tobelocated ak approximately 3271 &32S8NVV7thStreet, 72ONVV32ndPlace, and 725&733NVV 33rdAvenue. Miomi, Florida. The PROJECT islocated onmgross lot area of approximately 1.95± acres and a net lot area of approximately 1.42± acres of land (more specifically described on "Exhibit A", incorporated herein by reference). The remainder of the PF|(}JECT'eData Sheet ioattached and incorporated me"Exhibit B" The proposed PROJECT will beanapproximate 148-h»ot.13-aboryhigh rnixeduse structure to be comprised of approximately 183 total multifamily residential units with recreational amenities; approximately 14.875square feet ofoffice space; approximately 11,306 square feet of retail space; and approximately 473 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 (8) and Article 9. Section 914, Sub -Section 914.1 Dwelling unit, square h)ctage, and off- street parking hOnU8e8 for COOtribUhOO to AffnPd8b|8 Housing Trust Fund; exc8ptioOs, to mUOvv an increase up to twenty (25) percent of additional floor area as a development bonus of approximately 36.081 square feet, the user shall make G non- refundable bonus developer contribution of an amount of $454.844.40 to the Affordable Housing Trust Fund administered by the City of Miami; Page 7 oj'13 Printed On: 8/3 112006 File Number 00+J1019mu MAJOR USE SPECIAL PERMIT, osper Article 17. Section 1701. Definition Q@and Article 5, Sect. 502. PUD districts; rnininnunn area, nnaxirnunn densities and nnmxinnurn floor area ratios permitted /@\(C). to @UOvv up to 20 Y6 increase of floor area [8dO, for an increase of approximately 28.345 square feet of floor area; CLASS USPECIAL PERMITS CLASS U SPECIAL PER[N|T, as per Article 4, Section 401. [-1 Restricted Commercial, Class || Special Permits required, to allow an increase of the nnmxinnunn allowed footprint of 40 % the Gross Lot Area to 60% GLA; CL/\8GU SPECIAL PERMIT, msper Article 15.Section 1512.Class U Special Permit required for waiver of design standard and guidelines, to GUovv a waiver of City of Miami Off-street Parking Guides & Standardm, only for reduction of required backup distance in driveway isles from 23haat to 22feet; CLASS U 8PE{}L4L PER01|T, as per Article S. Section 923. Sub -Section 923.2. Sub - Section 823.2.1. Reduction in stall dimensions by Class U Special Permit; criteria and limitations on neductions, to allow reduction of one (4) loading berth dimensions as Required number ofloading berth: Four (4)12feet wide x35feet long x 15 feet high Proposed number ofloading berth: Eight (8) 1Ofeet wide x 20feet long x 15Meet high CLASS |SPECIAL PERMITS CLASS | SPECIAL PER[N|T, as per Article S. Section 927. Temporary stmctureo, ocoupanoies, and uses during construction, ohtehm for special pennito, to allow temporary structures, ocoupmnciea, and uses reasonably necessary for construction such as construction fence, covered vvm|hvvmy and if encroaching public property must beapproved byother city departments; CLASS | SPECIAL PERM|T, as per Article 9, Section 806. Sub -Section 906.9. Temporary special events; special permits; crdeha, to allow temporary carnival, feadva|, hair or similar type event on privately owned or City -owned land such as o ground breaking ceremony; CLASS | SPECIAL PERyW|T, as per Article S. Section 916. Sub -Section 916.21. Temporary o[eda| event pa/king, to allow parking for temporary special event such as ground breaking ceremonies; CLASS | SPECIAL PERM|T, as per Article D. Section 818, Sub -Section 918.2. Temporary off-street offsite parking for construction crevva, crkeha, to mUuvv temporary off-street offsite parking for construction Crews vvV[hin0 on a commercial - residential project underoonatruction; CL/\8G | SPECIAL PERM|T, as per Article S. Section 920, Sub -Section 920.1.2. Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers File Number 05-01O1Qmu or manufactured homea, 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 am|ea CeO[e[S; CLASS | SPECIAL PERK8|l[ as per, Article 10. Section 10.5. Sub -Section 10.5.4.3. C-1 Restricted Connnnercia|, Temporary Signs (3), to allow temporary development REQUEST, for waiver of Chapter 38 Noise, Section 30-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a reading of 0.78 weighted average dBA at any time and/or day subject to the City Manager Exception pursuant toSection 3O-O(o) 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: g)The requirement torecord inthe Public Records GDeclaration ofCovenants and Restrictions providing that the ovvnerehip, operation and maintenance of all cVnnnnoO 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 o unity of title or covenant in lieu of unity of title. Pursuant toArticles 5.S.13and 17ofZoning Ordinance 11000.approval of the requested Major Use8peoia|PennitshaUbaconsidaredmuffioiantfortheoubOpdinate permits requested and referenced above as well as any other special approvals required bythe City which may berequired tocarry out the requested plans. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Borges & Associates, signed and dated May 4, 2000; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Marriano Corral, ASLA, signed and dated K8my4. 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; GU modifications shall basubject tnthe review and approval of the Planning Director prior to the issuance ofany building permits. The PROJECT conforms to the requirements of the proposed C'1/Resthcted Cunnrnencia|\ zoning daaadication, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of K8iGDli. Florida, as amended. The proposed comprehensive plan future land use designation onthe subject property allows the proposed uses. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TOTHE ISSUANCE OFANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: (WYp/Miami Page 9 of 13 Printed On: 813112006 File Number 00-0/0/Amo 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 0f$12.4Oper square foot for any applicable FAR increase sought under those provisions. 2) Allow the K8ionni pn|ioe Department to conduct a security oun/ey, at the option of the Department, and to nlGhe recommendations CoDCg[OiDg Security measures and systems; further submit a report to the Planning Depmrtnnent, prior to commencement of construction, demonstrating how the Police Department reuonnnnendmUons, if any, have been incorporated into the PROJECT security and construction p|ams, or demonstrate to the Planning Director why such recommendations are impractical. 3\ Obtain approval fronn, 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 ofFire-Rescue in the review of the scope of the PF{OJECT, owner nsop0nsibi|ity, 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 GU concerns of the said Department prior tothe obtainment ofashell permit. S) Comply with the Minority Participation and Employment Phan (indudinga 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 aeaguide. O) Record the f0UOvvn0 in the Public Records of Dade County, Florida, prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration nfCovenants and Restrictions providing that the ownership, operation and maintenance Vfall common areas and facilities will bebythe property owner orG mandatory property owner association inperpetuity. 7) Prior to the issuance of a shell penDb, 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 besubject tothe review and approval ofthe City Attorney'sOffice. 8) Provide the Planning Department with a temporary construction plan that includes the following: 8tenlpO[@ry construction parking p|Gn. with an enforcement policy; mconstruction noise management plan with mnenforcement policy; and G maintenance plan for the temporary construction site; said plan shall busubject tothe review and approval by the Planning Department prior to the issuance of any building pS[nlitS and shall be enforced during construction a{tiVity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan; haUuny to comply may lead toGsuspension nrrevocation of this Major UaeGpeoio|PernniL File Number 0§-01O19mu A)|noofar eathis Major UeeQpecia|Perrnbindudeatheaubordinateapprovo|of a series of Qaea | Special Permits for which specific details have not yet been developed orprovided, the applicant shall provide the Planning Department with all subordinate Qaaa | 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. 1CA|fthe project iahobadeve|opadinphaoes.theAop|iCardshaUsubnnkan interim p|on, including m landscape p|on, which addresses design details for the land occupying future phases ofthis Project intheeventthmt the future phases are not developed, said plan shall include aproposed timetable and shall besubject to review and approval bythe Planning Director. 11) Pursuant to design related comments received by the Planning Direcbo[, the applicant shall meet the following conditions: (a)|fthe applicant chooses 0npursue a zoning change for this property, they shall record acovenant that the building height and envelope onthe existing R-2 parcels will never exceed that cf the approved project; (b) Provide agreater landscape buffer between the proposed project and the existing homes along the rear of the property. Add a lush layered landscape buffer incorporating large shade trees, underotorytreeo. and large shrubs or palm hedge along this entire property line; (o) Add the materials to be used in the landscape planter above the townhouse units to the landscape plan; (d) Identify the materials used in the north garage elevation bands breaking the louver pattern and provide for review by the Planning Director; /e\ Afina| landscape plan shall be submitted for review and approval of the Planning Director prior to the issuance of building permit. 12) Pursuant to comments by the City of Miami Public Works Depgrtnnerd, the following conditions shallbe required of the applicant: (a) NW32 nd Court and NW33 rd Avenue - Construct new concrete eidevvo|k, uudo and gutter on both sides of the roadway adjacent to the project site. Milland resurface the entire width, curb to curb, adjacent to � the project site; (b) — NW7 mStreet — Replace all broken and damaged sidewalk and curb and gutter adjacent to the project site. 13>Prior to the issuance ofabuilding permit, the applicant shall submit aletter of approval of the proposed height from the Miami -Dade County Aviation Department, If no such approvals are gnanted, 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 March 2#.2OO6. 14)Adevelopment bonus topermit mmixed use of3O.O81 square feet cf floor area shall require anon-refundable payment tothe Affordable Housing Trust Fund ofon amount of $12.40 per square foot for a total of $454,844.40. 15)Thet the requested accompanying applications for Land Use Change (File 8J 06-010191/ and Change ofZoning (File 8}00-010Y9zo)onthis property are approved by the City Commission, 10>The applicant shall record acovenant, subject tureview and approval bvthe city aMorney, within sixty (GO) days of the effective date of this nsaV/uU0n' which states that inthe event that this Major Use Special Permit expires orinabandoned, any future File Number 06-01019mo development ofthe subject properties shall require design revievvondapprova|bvthe Planning Dipector, utilizing the sonna chbsha as the original Major Use Special Permit. 17> Within 90 days of the effective date of this Development Order, record m certified copy of the Development Order specifying that the Development Order runs with the land and is binding on the Applicant, its ouooeoaore' and aooigno, jointly or severally. THE CITY SHALL: Establish the operative date of this Permit msbeing thirty /30\days from the date ofits issuance; the issuance date shall constitute the commencement ofthe thidx/3CA day period toappeal from the provisions cf the Permit. CONCLUSIONS DFLAW The PROJECT, proposed bvthe APPLICANT, complies with the Miami Comprehensive Neighborhood P|an, 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: 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 tofind 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 of the City; and (0) 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 ofthe adopted State Land Development Plan applicable to the City of Miami. APPROVED AS TO FORM AND CORRECTNESS: JORGE LFERNAN[}EZ CITY ATTORNEY ..Footnote Cit.), ol'Aliunli File Number DOf0y019nx/ /1l If the Mayor does not sign this ReoV|uUon, 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.