HomeMy WebLinkAboutPAB LegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan
American Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01055mu Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO
ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR
THE ON THE PARK PROJECT, TO BE LOCATED AT APPROXIMATELY 1770 AND
1778 NORTH BAYSHORE DRIVE, 1799 NORTHEAST 4TH AVENUE, AND 430
NORTHEAST 18TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN
APPROXIMATE 499-FOOT, 47-STORY HIGH MIXED USE STRUCTURE TO BE
COMPRISED OF APPROXIMATELY 648 TOTAL MULTIFAMILY RESIDENTIAL
UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 9,400 SQUARE FEET
OF RETAIL SPACE; AND APPROXIMATELY 859 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 June 6, 2006, A. Vicky Garcia -Toledo, Esquire, on behalf of On
The Park Properties, LLC and On The Park Properties II, LLC (referred to as
"APPLICANT"), submitted a complete Application for Major Use Special Permit for On
The Park (referred to as "PROJECT") pursuant to Articles 13 and 17 of Zoning
Ordinance No. 11000, for the properties located at approximately 1770 and 1778 North
Bayshore Drive, 1799 NE 4th Avenue, and 430 NE 18th 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 May 17, 2006 to
consider the proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on May 17, 2006, to
consider the proposed project and recommended APPROVAL; and
WHEREAS, the Miami Zoning Board, at its meeting held on September 11, 2006,
Item No. 7, following an advertised public hearing, recommendation of APPROVAL of a
Change of Zoning passed (Reso. ZB-06-1227), by a vote of six to zero (6-0); and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on
September 20, 2006 Item No. 5, following an advertised public hearing, adopted
Resolution No. PAB *-* by a vote of --- to --- (*-*), recommending ---- with conditions as
presented in the Major Use Special Permit Development Order as attached and
incorporated; and
City of'Miami Page 1 of l3 /'r irrteOn: 9/13/2006
File Number O6-0/055mu
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 ashereinafter set forth;
NOW, THEREFORE, BE|TRESOLVED BYTHE COMMISSION OFTHE CITY
OF MIAMi FLORIDA:
Section 1. The r8Cda|S 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 Use Special Permit Development Order, incorporated
within, is approved subject to the conditions specified in the Development Order, per
Article 17ofZoning Ordinance No. 11000.for the project tubedeveloped bythe
Applicant, located at approximately 1770 and 1778 North Bayshore Drive, 1799 NE 4th
Avenue, and43O NE 18th Stnaet, Miami, Florida, more particularly described on
"Exhibit A.''attached and incorporated.
Section 3. The PROJECT is approved for the construction of an approximate
499-foot. 47-story high mixed use structure to be comprised ofapproximately 84Ototal
multifamily residential units with nauneadonm| amenities; approximately 8.400 square feet of
retail apace; and approximately 85Stotal 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:
m. The PROJECT ioinconformity with the adopted Miami Comprehensive
Neighborhood P|an, as amended.
b� The PROJECT is in accord with the proposed 8O-6 (Central COnlmne[ci@|
Residential) zoning classification of Zoning Ordinance No. 11ODO.the Zoning Ordinance uf
the City of Miami, Florida, as amended.
C. Pursuant toSection 13O5.2ofthe 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 tothe any applicable conditions inthe Development
Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
|) Site and Urban P|mnninq:
(1) Respond t0the physical Yes. *Yes.
contextual environment taking
into consideration urban form
and natural features;
.
(2) Siting should minimize the Yes. *Yes.
Page 2 of'] 3 Printed On911312006
File Number 0001055mu
and driveways onthe pedestrian
environment and adjacent
properties;
(3) Buildings OOcorner lots Yes. *Yes.
should beoriented tuthe corner
and public street fronts.
11) Architecture and Landscape Architecture:
(1)A project shall bedesigned Yes. *Yes.
k}comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood Yes. *Yes.
context;
GACreate atransition inbulk Yee. *Yes.
and scale;
.
(4)Use architectural styles Yes. *Yes.
and details (such msroof lines
and fenestration).colors and
materials derivative from
surrounding area;
(5)/\rticu|ate the building facade Yes. *Yes.
vertically and horizontally in
intervals that conform tothe
existing structures in the vicinity.
|U)Pedestrian Oriented Development:
U\P[onlOte pedestrian Yes. *Yes.
interaction;
(2) Design facades that Yes. *Yes*
respond primarily tothe
human scale;
.
(3) Provide actiwe, not blank Yes. *Yes.
facades. Where blank walls
are unavoidable, they should
receive design treatment,
|V) Streetsoapeand 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
pavennenhs, screen walls, planters
and similar features should be
appropriately incorporated to
File Number D6+}1055mu
enhance the project.
V) Vehicular Access and Parkinq:
(1) Design for pedestrianand Yes. *Yes.
vehicular safety 8z minimize
conflict points;
(2) Minimize the number and Yes. *Yes.
width ofdriveways and curb
cuts;
(3) Parking adjacent to m street Yes. *Yes.
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas Yen. *Yes.
aodistrict buffer.
VI) 8creeninO:
(1)Provide landscaping that Yes. *Yes.
screen undesirable e|ementa,
such ossurface parking lots,
and that enhances space and
architecture;
(2) Building sites should locate Yes. *Yes.
service elements like trash
dunnpater. loading docks, and
mechanical equipment away
from street front where possible.
When elements such as
dunnpotera, utility nnetera,
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 trellises,
landscaping, and/or other
suitable design e|enleOL
\4|) 8klnaqe and LiQhdinq:
U>Design signegeapprophmte Yes. *Yes.
C'iiy of Miami
File Number 00-0/055mu
for the scale and character of
the project and immediate
neighborhood;
(2)Provide lighting esadesign Yes. *Yes.
feature tothe building facade,
onand around landscape
@[8@S, special building or
site features, and/mraigna0e;
(3)Orient outside lighting to Yes. *Yes.
minimize glare to adjacent
properties;
(4) Provide visible signage Yee. *Yes.
identifying building addresses
o1the erknance(a)msm
functional and aesthetic
Vill) Preservation of Natural Features:
(1) Pnaoenxe existing vegetation Yea. *Yes.
and/or geological features
whenever possible.
IX) Modification of Nonconformities:
(1) For modifications of Yes. *Yes.
nonconforming structures,
n0increase inthe degree Cf
nonconformity shall be
allowed;
(2)Modifications that conform Yes. *Yes.
to current regulations shall be
designed toconform tothe scale
and context of the nonconforming
structure.
*Compliance is subject to conditions.
These findings have been made bythe City Commission h»approve this project with
d. The PROJECT )sexpected tocost approximately $183.B3D.00O.and Uz
employ approximately 873 workers during construction (FTE-Full Time Employees); The
project will also result inthe creation of approxinnmte|y31 permanent new jobs (FTE)for
building operations and will generate approximately $2,598,372 annually in tax revenues
tothe City (2OOOdVUmrs).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the economy of the
Cilyp/miwn/
File Numbec0O-0/055mu
(2) the PROJECT will efficiently use public transportation facilities;
C3 any potentially adverse effects ofthe PROJECT will bemitigated
through compliance with the conditions ofthis Major Uoe8peoia|Pemnb;
/4> the PROJECT will favorably affect the need for people to find
adequate housing reasonably accessible t0their places Cf employment;
/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;
/Q\ based onthe 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 oecurity, fire protection and life sofety, solid waste, heritage cVnsen/adon,
treeo, shoreline development, minority participation and employment, and minority
contractor/subcontractor participation will be mitigated through compliance with the
conditions ofthis Major UaeSpeCia|Permit.
Section 0. The Major Use8peoia|Pemnit.oaap and amended, shall
bebinding upon the APPLICANT and any successors ininterest.
Section 7. The application for Major Use8 io|Pennb.vvhiohvvao
submitted unJune R.2O0G.and onfile with the Planning Department of the City of
Mianni. Florida, shall be relied upon generally for administrative interpretations and is
incorporated byreference.
Section 8. The [|hv Manager is directed to instruct the Planning Director to
transmit a copy of this Resolution and attachment to the APPLICANT.
Section S. The Findings ofFact and Conclusions ofLaw are made with
respect 1Vthe Project Gsdeschb8dinthe[)eve|Vpnlent(]nje[f0[thePROJECT.
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 isdetermined k) be invm|id, iUe0a|, 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
Section 12. The provisions approved for this Major Use Special Pannb, as
opproved, ahmU commence and become operative thirty (30) days after the adoption of
the Resolution,
Section 13. This Major Use Special Pennit, as approved, shall expire hwo C2\
File Number 06-0/055mu
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 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 W1ionni. Florida, has considered in a public hearing, the
issuance ofeMajor UeeGpecim|PernnitforOnThe Park (MU-2OO8-O23).(hereinafter
referred toms the "PR{]JECl-')to be located at approximately 1770 and 1778 North
Rmyshore Drive, 1783 NE4thAvenue, and43O NE 18th Street, Miami, Florida (see legal
description nn"Exhibit A^.attached and incorpormted\.iasubject to any dedications,
limitations, restrictions, reservations or easements of record.
After due consideration ofthe recommendations of the Planning Advisory Board
and after due consideration ofthe consistency ofthis proposed development with the
Miami Comprehensive Neighborhood Plan, the City Commission has approved the
PROJECT, and subject 10 the following conditions approves the Major UaeSpecio|
Permit and issues this Permit:
FINDINGS [)FFACT
PROJECT DESCRIPTION:
The proposed PROJECT is m mixed use development hJ be located at
approximately 1770and 1778 North Bayahone L}rk/e, 1799 NE4thAvenue, ond48O NE
18Dh 8tre*t, K8ianni, Florida. The PROJECT is located on a gross lot area of
approximately 2.70± acres and a net lot area of approximately 1.296± 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 beanapproximate 4Q9-foxot.47-ok)ryhigh nnixedune
structure to be comprised nfapproximately 848total multifamily residential units with
recreational amenities; approximately 9,400 square feet of retail space; and approximately
858toto| parking spaces; providing for certain floor area ratio ("FAR") bonuses.
The Major Une Special Permit Application for the PROJECT also encompasses
the following lower ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERMIT, aoper Article 17, Section 1701. Definition (1).for
residential development involving in excess of two hundred (200) units;
MAJOR USE SPECIAL PERMIT, asper Article 17. Section 1701. Definition /7l.UJ
mUovv any single use or combination of uses requiring or proposing to provide in
File Number 05-0/055mu
This Major Use Special Permit ennonnpmoaeo the following Special Pemnha and
CLASS USPECIAL PERMITS
CL/\88 U SPECIAL PERMIT, as per Article 8, Section 606.5.1. to allow erection a
new building in 8D-6 Central Commercial -Residential district;
CLASS U SPECIAL PERM1T, as per Article O. Section 800. Sub -Section 606.8.3
Open space and residential r8CnS@b0O@| space, to allow residential reC[eGdOnG|
space conforming to "The City of Miami Design Guides and Standards for Open
Space and Residential Recreational Spaoe^|
Article S. Section 823, Sub -Section 923.2. Sub -Section 923.2.1. Reduction in stall
dimensions bvClass U Special Permit; criteria and limitations Vnreductions, toallow
reduction indimensions ofone U\loading berth dimensions aofollow:
Propose bzbnreduced: One (1)12'widex55'long x15'high
Propose to be provided: One (1) 10'vvidex 20' long 15' high
Total to be proposed: One /1\ 1O'widex 20' long 15' high
Four (4)12'vvidex35'long x15'high
CLASS || SPECIAL PERK8|T, as per Article 8. Section 922.4, Sub -section 922.4/c>.
Special permits required for proposed offatreet loading facilities or for substantial
modification of existing feci|itieu, to mUovv maneuvering of trucks on public rights -of -
way;
CLASS || SPECIAL PERMIT, aaper Article 15.Section 1512.Class USpecial Pennh
required for waived of design standard and guidelines to allow e waiver of City of
Miami Offstreet Parking Guides and Standards requirement of one (1) additional foot
in stall dimension where the side of any stall abuts m vvaU, co|unmn, fence, bui|ding, or
other physical obstruction, to 8Uoxv the minimum stall width dimension of O'-O" from
face of any obstruction for approximately 553 (04Y6) parking spaces out of 859
parking spaces provided;
CLASS | SPECIAL PERMITS
CLASS | SPECIAL PERMIT, as per, Article 9, Section 927. Temporary struoLures,
oouupanc|es, and uses during conetruction, criteria for special pennito, to allow
temporary structures, occuponoies, and uses naaaVnmb|y necessary for construction
such as construction fenoe, covered vvm|kvvay and if encroaching public property
must beapproved byother city departments;
CLASS | SPECIAL PERK8|T, as per. Article 9, Section 806. Sub -Section 906.8.
Temporary special events; special permits; chhsria, to m||ovv temporary carniva|,
fesdve|, fair orsimilar type event on privately owned or City -owned land such as o
ground breaking ceremonies;
CLASS | SPECIAL PERMIT, as per, Article 9, 800dnn 916. Sub -Section 916.2.1.
Temporary special event parkinQ, to oUmw parking for temporary special event such
City qfMiumi
Page 8 of 13 Printed On: 911312006
File Number 00-0/055o/u
CLASS | SPECIAL PEHK8|T, as per. Article 9, Section 918. Sub -Section 918.2.
Temporary off-street offsite parking for construction orexvs, criteria, to allow
temporary off-street offsite parking for construction crews working on a commercial -
residential project underconstruction;
CLASS | 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
or manufactured honnea, 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 PERM|T, as per Article 10, Section 10.0. Sub -Section 10.6.3.6
(3) 8D-0 Central ConnnnencioI-Residential District to allow temporary development
RE(]UEST, for waiver of Chapter 30 Noism, Section 36-6 Construction Equipment (a)
permitting the operation of construction equipment exceeding the sound level of m
reading of 0.79 weighted average dBA at any time and/or day subject to the City
Manager Exception pursuant toSection 30-6/c\and all the applicable criteria;
REQUEST for applicable yNUSP conditions to be satisfied at the time of Shell Permit
instead of at issuance of Foundation Permit:
m)The requirement b3record inthe Public Records GDeclaration 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 tmArticles 13and 17cf Zoning Ordinance 11OOO.approval ofthe
requested Major UseSpeoia|Perrnit shall beconsidered sufficient for the subordinate
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 bvArouiteutonioo. signed and dated May 23. 2006;
the landscape plan shall be implemented substantially in accordance with plans and
design ochernodos on file prepared by Urban Lmndoumpe, signed and dated May 23.
2006; said design and landscape plans may be permitted to be modified only tothe
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.
The PROJECT conforms to the requirements of the proposed 8Q-6(Central
Commercial Residential) zoning classification, aacontained inthe Zoning Ordinance, the
Zoning Ordinance of the City of Miami, Florida, as amended. The proposed
City q/ Miami
Page Yo//j Printed Om 911312006
File Number 06-01055nm
comprehensive plan future land use designation on the subject property allows the
proposed uses.
C[}N[J|Tl(}NS
THE APPLICANT, ITS SUCCESSORS, ANO/CIRASSIGNS, 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.
2> Allow the Miami Police Department to conduct o security sun/ay, at the option
of the Department, and tVmake recommendations concerning security measures and
systems; further submit G report to the P|ann�ing Depmrtnnent, prior to commencement of
oonatruction, demonstrating how the Police Department neoornnnendadona, if any, have
been incorporated into the PROJECT security and construction p|ans, 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 Fine Plan Review Section at
the Department ofFire-Rescue inthe review of the scope of the PRC)JECT, owner
responsibility, building development process and review procedures, as well as specific
requirements for fire protection and life safety systerns, exidng, vehicular access and
water supply.
4\Obtain approval from, orprovide a letter of assurance from the Department of
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 tofollow the provisions of the City's K8in0rity/VVonlen Business Affairs
and Procurement Program oaaguide.
O\ Record the following in the Public Records of Dade County, Florida, prior to
the issuance of Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration of Covenants and Restrictions providing that the Vvvnership, operation and
maintenance of all common areas and facilities will be by the property owner or a
mandatory property owner association inperpetuity.
7>Prior tothe issuance ofashell permit, provide the City with mrecorded copy mf
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 he subject to the review and approval of the City Att0[neV'S Office.
8) Provide the Planning Department with atemponary construction plan that
includes the following: a temporary construction parking plan, with an enforcement
policy; moonstruction noise management plan with anenforcement policy; and
File Number 00-0YO55nn/
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 ahoU
remain in full compliance with the provisions of the submitted construction plan; failure to
comply may lead tmasuspension orrevocation ofthis Major Uae8pecio|PerrniL
S) In aofar aathis Major Use Special Permit includes the subordinate approval of
m series of Class | Special Permits for which specific details have not yet been
developed orprovided, the applicant shall provide the Planning Department with all
subordinate Class | Special Permit plans and detailed requirements for final review and
approval Vfeach one prior tothe issuance ofany 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 byiL
1O)|fthe project iofobedeveloped inphases, the Applicant shall submit on
inUahrn p|an, including a landscape p|an, which addresses design details for the land
occupying future phases 0fthis Project inthamvent that 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 Director, the
applicant shall meet the following conditions: (a) Eliminate the proposed vehicular drop-
off and minimize the resulting interruption in the building frontage; (b) The terraced 21
feet of stairs toaccess the building lobby off of18"'Street shall bebrought forward to
meet the sidewalk in order to increase pedestrian connections with the building lobby; (c)
Provide terraced steps at the corner ofNorth Bmyshore [)rive and NE 18m Street, like
those at the southern side of the Bmyehore Drive hnntmge, in order to provide greater
pedestrian access to the retail spaces; (d) Provided excess parking spaces shall be
reduced to the minimum required amount; (e) Provide clear details of what type of
materials are being proposed for all four elevations of the building, including vvindovve,
bo|conies, and garage screening materials. (O Afino| landscape plan shall be submitted
for review and approval of the Planning Director prior to the issuance of a building
12> Pursuant to comments by the City of Miami Public \8/orho Deportmert, the
following conditions shall be required of the applicant: (m) Platting of the property will be
required in order to duae and vacate the 10 foot alley within this property; (b) North
Bmyehnre Drive — Coordinate roadway improvements with the City of Miami Capital
|nnprove mmnUTranaportation Office for the proposed roadway reconstruction project at
this area; (o) NE 4 m/\venue— Replace all broken and damaged sidevvm|k, curb and
gutter onboth sides ofthe roadway adjacent tothe project site. Construct new concrete
oidovva|k, curb and gutter following the 25-foot corner radius. &1iU and resurface the
entire width, curb to curb, adjacent to the project site. Approval of the Public Works
Director iarequired for the proposed street brick work and mmaintenance covenant shall
be required for the non-standard improvements in the right-of-way, Coordinate street
improvements with adjacent Hotel de |'C)pana project; (d) NE 18m Street — Coordinate
roadway improvements with the City of Miami Capital Improvement/Transportation Office
for the proposed roadway reconstruction project at this area; and /e\ Verify ownership of
the ''P|mza^ on NE 4m Avenue prior to including this land in the gross lot area calculation.
File Number 00f)1055mu
13\Prior hmthe 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 granted, the height of the proposed project ahaUbenaduoadtothooe
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated May 1.2OO8.
14) That the requested accompanying applications for Land Use Change (File ID
06-018551/ and Change ofZoning (File 8}06-0YO55ro)onthis property are approved
by the City Commission.
15) The applicant shall record a covenant, subject to review and approval by the
city ott0nney, within sixty (00) days of the effective date of this resolution, which states
that inthe event that this Major Use Special Permit expires oriaabandoned, any future
development of the subject properties shall require design review and approval by the
Planning [)inector, utilizing the same criteria as the original Major Use Special Permit.
16) Within 90 days of the effective date of this Oeva)upnnert Order, record o
certified copy of the Development Order specifying that the Development Order runs
with the land and is binding on the App|ioant, its ouocessoro, and maoigna, jointly or
severally.
THE CITY SHALL:
Establish the operative date ofthis Permit aabeing thirty (3C) days from the date
of its issuance; the issuance date shall constitute the commencement of the thirty (30)
day period toappeal from the provisions rf the Permit.
CONCLUSIONS OFLAW
The PROJECT, proposed by the APPLICANT, complies with the Miami
Comprehensive Neighborhood P|en, as mnnended, is consistent with the orderly
development and goals of the City of K8ionni, and complies with local land development
regulations and further, pursuant toSection 17O30fthe Zoning Ordinance:
M\ the PROJECT will have mfavorable 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 of the City; and
(6) the PROJECT will not adversely affect public safety; and
/7\ the public welfare will beserved bythe PROJECT; and
(0) any potentially adverse effects Vfthe PROJECT will bemitigated through
conditions of this Major Use Special Permit.
[*'o/J/iax/ Page /2*//j Printed On: 911312006
File Number 00-01O55mu
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 A8TOFORM AND CORRECTNESS:
JORGE iFEF7NAN[)E7
CITY ATTORNEY
..Footnote
�1l If the Mayor does not sign this P|eso|udwn, it ahoU become effective at the end of ten
calendar days from the date it was passed and adopted. If the Mayor vetoes this
Reau|uhon, it shall become effective immediately upon override of the veto by the City
Commission.
QV of Miami