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HomeMy WebLinkAboutAVENUE ONECity of Miami Legislation Resolution: R-07-0056 City HII. 35OQ Fan American Dive Miami, Pi_ 33133 .vww.miamigov.ccm Il ile tiurr trer: Ilb-ItI1155I, Final Action Date: L 2 f2UO? A RESOLUTION OF THE MIAMI CJTY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5: la AND 17 OF ZONING ORDINANCE NO. 11000. AS AMENDED FOR THE AVENUE ONE PROJECT, TO BE LOCATED AT APPROXIMATELY 1950 NORTHWEST 1ST AVENUE AND 1905 NORTHWEST 1ST COURT, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE TVVO-TOWL R DEVELOPMENT AT APPROXIMATELY 120 FEET IN HEIGHT TO 13E COMPRISED OF APPROXIMATELY 311 TOTAL MULTIFAMILY RESIDENTIAL UN:TS WITH RECREATIONAL AMENITIES: APPROXIMATELY 11,788 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 578 TOTAL PAIKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO t"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 EFFE T! lE DATE. WHEREAS, on December 7, 2005, Javier F. Avino, on behalf of A-1 Management Corp (ref.erred to as "APPLICANT"), submitted A Complete Application for Major Use Special Permit far Avenue Dne (referred to as "PROJECT") pursuant to Art;c!es 5, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 1950 NW 1st Avenue and 1905 IVY+ lst Court, Warn', 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 amcrd.od: and WHEREAS, the Large Scale Development ComniMee met an October 12, 2005 to consider the proposed project and offer AS Input; and WHEREAS, the Urban Development Review Board met on November 16, 2005, to consider the proposed project and recommended APPROVAL: and 'Ail-IEREA , the Miami Planning Advisory Board, at its meeting held on February 1, 2006 Item No. 5, following an adveiised public nearing, adopted Resolution No. 18-06 bye vote of five to zero (5-0), recommending APPROVAL of an amendment to Ordinance No. 10544, as amended: and 'JVHEREAS_ :he Miami Zoning Board at its meeting of January 23, 2006, Item No. 7, adopted a Resolution by a vote c.f eight try zero (8-0) recommending APPROVAL of ar. amendment to Ord nonce No. 11000. as amended; and WHEREAS, rho Miami Planning Advisory Board, at its meeting held on February 1, 2006 Item No. 0, following an advertised public hearing_ adopted Resolution No. PAB 19-06 by a vote of five to zero (5-0). recommending APPROVAL' WITH CONDITIONS of the Major LJse Special Permit Devehpment City ofMiami )4mMf740 Page 41, Priced Orr: 92�./. 067 Nurrbew o8-0Of5-5b ;srurlone Kr ,k'u,rrr.xr: !:-67..Of1 r, Order as hereinafter set forth; and WHEREAS, the City Commission deems it advisable and in the best interest of Inc general welfare of the City of Miami to issue a Major Use Specie! Permit Development Order as thereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF 1 11,411, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference ard 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 trie Development Order, per Article 17 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the APPLICANT, at approximately 1050 NW tst Avenue and 1905 NW 1st Court, Miami, Florida, more particularly describect on "Exhibit A," attached and incorporated. Section 3, The PROJECT is approved for the construction of a mixed use two tower development at approximately 120 feet in height to be comprised of approximately 311 total multifamily residential units with rec..r ational arnentes: approximately 11,788 square feet of retail space: and approximately + 57b total parking spaces; providing *or 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 blow are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan a amended. b. The PROJECT is in accord with the preicsed C-1 (Restricted Commercial) zoning class:fioativn 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 y staff or others) to adhere to the following Design Review Citeria (as appropriate to the nature of the special permit involved in the Project and the particular circumstances of the case) subject to the any applicable conditions in the Development Order herein: DEIGN REVIEW cRiTERIA APPLICABILITY COMPLIANCE (I) Site and Urban Planning: (1) Respond to the physical Yes. *Yes. contextual environment taking into consideration urban -Darr and natural features: (2) Siting shouic minimize the Yes_ *Yes. impact of automobile parking and drivevuays on the pedestrian environment and adjacent Cio. n1.0- Miami Page 2 of 12 Prfnred Orr: 9i25120 Re Number: 06-OO155b �,[lrillia'F!i NS'.F'.Jcs. ??-O?-90.5 properties: (3) Buildings on corner lots should be oriented to the corner and public street fronts Yes. *Yes Architecture anc Landscape Architecture: (1) A project shall be designed Yes, kYes. to comply with ail applicable landscape ofdinar cos; (2) Respond to the neighborhood Ye& *Yes_ context; (3) create a transition in bulk Yes. 'Yes_ aria scale; (4) Use architectural styles Yes. *Yes_ arc details (suci 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 cohforrn to the existing structures in the vicinity, Of) Pedestrian Oriented Development: (1) Promote pedestrian interaction; (2) Design facades that respond primarily to the human scale: (3) Provide active, net blank facades, Where blank walls are unavoidable, they should receive design treatment. Yes. Yes. Yes_ *Yes, 'Yes. "Yes. QV) Streetscaoe and Open Space: r) Provide usable open space Yes. that allows for convenient and Visible pedestrian access from the public sidewalk; (2) Landscaping, •ncluding plant Yes. tYes. material. tre Rises, special pavements, screen walls. planters and similar' features should be ['Fry of -Miami Page t of 12 Pri,efe^rl O: , 9/25'26497 9.1.6, ^l+1m. er_ 06-00155b Eau=.rmer r 2V2errf.er: P.-1..7 -0056 appropriately incorporated to enhance the project. (V) Vehicular Access and Parking: (1) Design for pecestrian and Yes_ 'Yes. vehicular safely to minimize conflict points: (2) M•nimize the number and Yes. `Yes. width of driveways and curb cuts; (3) FarKing adjacent to a street Yes. *Yes. front should be minimized and where possible should be located behind the building: (4) Use surface parkin° areas Yes, *Yes. as district buffer (VI) Screening: (1) Provide landscaping that Yes. *Yes. screen uncesiraDle elements, such as surface parking Tots, and that enhances space and architecture- (2) Building sites should locate lies_ *Yes. service elements like trash durnpsler, loading docks, and mechanical equipment away from street front where possible_ When elements 5uurE as dumpsiers, utility meters_ mechanical units and service areas cannot be located away from the street front they shaukd be situated and screened from view to street and adjacent properties; (3) Screen parking garage Yes. *Yes. structures with program uses_ Where program uses are not feasible soften the garage structure with trellises, landscaping_ andior other suitable design element. I) Signaae and Lithtin+.: C(t� of Mum'. AVE 4 f 12 Primr& Oar 9•'252007 Life Ntjmber; O-OO16b F,rr. cony r : R-r;r_f 05 (1) Design signage appropriate Yes. for the scale and character of the project and immediate neighborhood (2) Provide lighting as a design Yes. 'Yes feature to the building facade, on and around landscape areas, special buirding or site Matures, and/or signage: (3) Orient outside lighting to Yes_ 'Yes minimize glare to adjacent properties: (4) Provide visible signage Yes, `Yes. identifyMg building addresses at the entrances) as a functional and aesthetic. consideration. (VIM) Preser.ration of Natural Features: *Yes. (1) Preserve bxiat.ng vegetation Yes. 'Yes. and/or geological features wnenever possible, (IX) Modification of onconforrnitics: (1) or modifications of Yes. 'Ye8_ nonconforming structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform Yes_ 'Yes, to current regulations shall be designed to conform to the scale and context of the nonconforming structure "Compliance is subject to conditions. These findings have been mace by the City Commission to approve this project with conditions d_ The PROJECT is expected to cost approximately 8,000,000, and to empbY approximately 275 workers during construction (FTE-cull Time Employees); The PROJECT wil! also result in the creation of approximately 12 permanent new jobs (FTE) arc# will generate approximately $820,916 annually in tax revenues to the City (005 dollars). e. The City Cornmi3sion further finds that; Cfh' of'I4fearrni Page 5 of ) 2 Primed Ors: { 5/ 00? Fide Number- 06-7Qr55b En... orm—m c l5arr F yr R- ?-r ),ih (1) the PROJECT will have a favorable impact on the economy of the City; (2) the PROJECT will officiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment: (5) the PROJECT will efficiently use necessary public facilities; (6) the PROJECT will not negatively impact the environment and natural resources of the City; (7) the PROJECT will not diversely affect living conditions in the neighborhood; (8) the PROJECT will not adversely affect public safety: (9) based on the record presented and evidence presented, the public weltare guilt be served: by the PROJECT; and (10) any potentially adverse effects of the PROJECT arising from safety and security, fire prose Lion and life safety, solid waste, heritage conservation, trees: shoreline development, minority participation and employment, and minority contractorJsubcontractor participation will be mitigated through compliance with the conditions of this Major Use Special Permit. Section 6_ The Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANT and any successors in interest. Section 7, The application for Major Use Special Permit, which was submitted on December 7, 2005, and on file wi:h the Planning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference. Section 8, The City Manager is directed to instruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT_ Section 9. The Findings of Fact and Conclusions of Lauer are made with respect to :he Project as described in the Development On ter for the PROJECT, incorporated within. Section ;0. The Major Use Special Permit Development Order for the PROJECT is granted and issued. Section t 1 _ In the event tha- any portion or section of this Resolution or the Development Order is determined to be invalid, illegal_ or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no mariner affect the remaining portions of this Resolution or Development Order which shall remain in fall force and effect. Section 12. The provisions approved for this Major Use Special Perrnit, as approved, shall commence and become operative thiry+ (30) days after the adoption of the Resolution. Section 1 3. This Major Use Special Permit, as approved, shall expire +vino (2) years from its commencement and operative date. Section 14. This Resolution shall become effective immediately upon its adoption and signature of tine Mayor, (1) DEVELOPMENT ORDER CO. of .�bli�rrie Poe. c h of 12 !'rrnhhd (Th 9,25 2049 fvco•7'ber: Q6-OOT 55b !'nucrew.ii .unite:.. A-f'"-O r5 Let it be known that pursuant to Articles 5_ 13 and 17 of Ordinance No_ 11000. the Zoning Ordinance of the City of Miami, Ronda, as amended (the "Zoning Ordinance"), the Commission of the City of Miami, Florida has considered in a pubic hearng, the issuance of a Major Use Special Permit for Avenue One {MU-2005-041}, (hereinafter referred to as the "PROJECT") to be located at approximately 1950 NW 1st Avenue and 1905 JWV lst Court: Miami, Florida (see legal description on "Exhibit A", attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprenenslve 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; I-INDINGS OF FACT PROJECT DESCRIPTION; The proposed PROJECT is a mixed use development to be located at approximately 1950 NW 1st Avenue and 1905 NW 1st Court. Miami. Horde. The PROJECT is located on a gross lot area of approximately 4.07± acres and a net lot area of approximately 2.48±- acres of land (more specifically described on "Exhibit A', incorporated herein by reference). The remainder of the PROJECTS Data Sheet is attached and incorporated as "Exhibit B". The proposed PROJECT will be a mixed use two tower development at approximately 120 feet in height to be comprised of approximately 311.total multifamily residential units with recreational amenities; approxirately 11,788 square feet of retai space. and approximately 578 total parking spaces; providing for certain floor area ratio ("FAR') bonuses. The Major Use Special Permit Application for the PROJECT also encompasses the foLowing lower ranking Special Permits: MAJOR USE SPECIAL PERMITS MUSP, per Article 17 for development of 311 residential units. MUSE', as per Article 17 for parking of approximately 578 parking spaces. MUSP: as per Artipte 5_ Section 502, PUD districts; to increase the floor a{ea by twenty percent: 61.015 square feet_ Per City Code Chapter 36-6, request for waiver of noise ordinance for construction equipment for continuous pour_ CLASS II SPECIAL PERMITS CLASS lI SPECIAL PERMIT, as par Article 4: Section 401 to allow for an increase in footprint from 40 % to 60 % of gross lot area. CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow construction fence arid covered walkway, CLASS II SPECIAL PERMIT, as per Article 9, Section 97 to Allow Temporary offsite parking during construction City 4?1-.1- is i Page 7 0f.J2 Primed Orr: 0/25.,2 97 Erie +Vwnt er; O -00 f Y 5b EF,Cr irE'ri1 ;r,rrral;E'r: P—O7-005 CLASS l SPECIAL PERMITS CLASS 1 SPECAL PERMIT, as per Article 9, Section 905.9, to allow fora special event namely a ground brea`.cing ceremony_ CLASS 1 SPECIAL PERMIT, as per Artiwle D, Section 920_1, to allow a trailer(s) tor construction and other temporary offices such as leasing and sales_ CLASS 1 SPECIAL F'EI Mll., as per Article 9, Section 904, for parking and staging of construction during constriction, CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1: to allow a construction trailer and watchman's quarters. CLASS 1 SPECIAL PERMIT, as per Article 10_ Section 10_3,2,2 to allow development) co nstru cti on,rrenta 1 sig nage CLASS 1 SPECIAL PERMIT, as per Article 10: Section 10.5.5_3 to allow development / construction / rental signage REQUEST for applicable rv1USP conditions to be satisfied at the lime of shell permit instead of at issuance of foundation permit: a) The regvirement to record in the Public Records a 'Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of a!I common areas and facilities will be by the property owner or a mandatory property owner associaton; and b) The requirement to record in the Public Records a unity of title or ovena'nt iri lieu of unity of title. Pursuant to Articles 5, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major. Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special apprp\ials required by the City wild may fee required to carry out the requested plans. The PROJECT shall be constructed substantially in accordance with plans and design schematics err file prepared by DP Lewis Architecture Design, dated November 2, 2005: the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Enviroscapes, dated 2006: said design and landscape plans may be permitted to be modified only to ;he a tent necessary to comply with the conditions for approval imposed therein. all modifications small be subject to the review and approval of the Planning Director prior to the issuance of any building permits; and The PROJECT conforms to the requircrrrents cf the proposed -1 (Restricted Commercial) zoning classification. as contained in the Zoning Ordinance: the Zoning Ordinance of the City of Miami, Florida, as amended. The proposed comprehensive plan future land use designation on the subject property allows the prop-osed uses. ONDITION THE APPLICANT, ITS SUCCESSORS, ANDIOR ASSIGNS, JOINTLY OR SEVERALLY: PRIOR TO THE ISSUANCE OF ANY BUILDING PERM_T , SHALL COMPLY Mil THE FOLLOWING: 1) Meet ail applicable building cedes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building pQrrnit. CO) of. Miami l'ri R nr.J2 Printed On: 9./25/2i0; Hrf: rr7L}er. 06-001.5b f r c con, eni 'i'a.uher: P-0'-0056 2) Allow the IM1ian ii Police Department to conduct a security survey: at the option of the Departrrrent, and :o make recommeldations concerning security measures and systems: further submit a report to the Planning Department_ vier to commemement of construction, demonstrating how the Police Department recommencati❑ns: if any, have peen incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the leparfrnent of Fire -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 PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systen-is, exiting, vehicular access and water si.ipPy. 4)) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed ail concerns of the said Department prior to the : btainment of a shell permit. ;i Comply with the Minority Participation and Employment Plan (including a Contractori ubcontractor Participation Plan) submitted to the City as part of the Appaication for Development Approval, wit'rr the understanding that tho APPLICANT must use its best efforts to follow the provisions of the Gity's Minority/Women Business Affairs and Procurement Program as a guide. t) Record the following in the Public Records of Dade County, Florida, prior to the .ssuarlce of a Temporary Certificate of Occupanpy or Certificate of Occupancy,_ a Declaration of Covenants and Restrictions providing that the ownership_ operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner assoc'ation in perpetuity. 7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the IVILI P permit resolution and development order, and further, an executed, record able unity of title or covenant in lieu of crlity of title agreement for the subject property; said agreements hall be subject to the review and approval of the City Atiiorney's Office. 8) Provide the Planning Department with a temporary construction plan that includes the following: a temporary construction parking plan, with an enforcement policy; a construction noise management plan with an enforcement policy; anti 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 steal• be enforced during construction activity. Alt .:onst=uction activity shad remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of ;his Major Use Spacial Permit_ 9) Insofar as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Permits for which specific details have not yet been developed or provided, the applicalL s'iall provide the Plann:ng Department with all subordinate Class I 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 andfor improvements listed in this development order or captioned in the plans approved by it. 10) if the project is to be developed in phases, the Applicant shall submit an interim plan, Cr'Yof 1#th,rii Page 9 of 1.2 Prinkd Ors: 9/25/2401 Ai'e Number: 06-00f 55b L.Mrrc rL-. •r including a landscape plan. which aciaresses design details for the land occupying future phases of this Project. in the event that the future phases are not developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director. 11) Pursuant to design related comments rece ved by the Planning Director, the applicant shall meet the following conditions; (a) The location of the two towers shall be switched with the taller tower lining N1 / 1 st Avenue; (b) This project may require a variance at this time far setback and height requirements. If a variance is required, Miami 21 may allow a more flexible process for this site; (c) Incorporate the required loading spaces so that access is provided to therm from within the garage, thus eliminating the curb cut and loading bays from the NW 1 th Street facade; (d) Place an oak or mahogany allee along NW 20th and 19th Streets which would define the large setbacks with the street and allow space fora double planting of shade trees with an 8-12' sidewalk. Additional layered shrub and/or grourdccver plantings should separate the arcades from the grass on these two sides. Pursuant to conditions proferred by the Applicant and accepted by the City, the fallowing additional conditions apply: (e) Four thousand (4,000) square feet of the proposed retail space will be set aside for a vocational training center for either culinary arts, performing arts, medical training architecture, security !law enforcement, beauty f cosmetics, physical training, compute Y literacy, or other similar type training facility. The City and Applicant shall seek such tenants and Applicant will set aside such space for up to two (2) years from the date the Cer€ifcate of Occupahcy is issued_ Applicant will also hire a consultant to identify a suitable vocational school ? program to be housed/ on the Tourid floor oar the Wee side of the project which is closer to the Phyllis Wheatley Elementary School, (`) A minimum of ten percent (1O%) of the units will be designated affordable housing units. Al Applican€'s discretion, additional affordable units may be set aside far affordable housing sales 1 yenta's_ The City and the Applicant will *Or k together to subsidize the cost of the units in order to reduce the purchase f rental price of the urn ts_ The City will use existing programs or will otherwise reduce other fees in order to achieve the maximum affordability of the uri ts_ In tyre event no such program has been identified within two (2) years of the issuance cif the Certificate at Occupancy tor such units, they may be sold 1 rented at market rates. In addition, Applicant will hire a marketing consultant to assist with marketing the affordable units to Overtow.i residents_ Applicant wil€ look to market affordable units to residents of Overtown first and thareal'ter to residents of District 5 oft .e City of Miami_ The Appli; ant will agree to reduce the maintenance fee nor the affordable housing units by fifty percent (50%) for a period of five (5) years; (g) The height of the Project will he reduced to twelve (1 ) stories which will require the "bridge" height between the two towers to increase and the removal of the Hvieave' parapet design / steucture on the roof as shown on the set of plans prepared by DB Lewis Architects and dated October 12. 2006 on file with the City and deemed as being incorporated by reference hcrain; (h) The ground floc- live -work units will be replaced with standard residential units_ Additionally, all the display glass an the ground floor, formerly related to live -work units_ will be replaced with clearly visible doors and some minimal entrance feature f ornament_ Applicant will incorporate some native Overtown elements therein (i.e. artwork: design elements, etc.) as shown on the set of plans prepared by DB Lewis Architects and dated October 12, 2000 on file witut the City and deemed as being incorporated by reference herein; (i) The Applicant will require the contractor to hire from the Overtown community first and seek to purchase materials and/or supplies within Overtown, prior to purchasing the same from outside the Overtown area; (j) Work with the Planning Departmert staff to ensue the inclusion of the maximum amount of urban/pedestrian friendly elements as shown on the set of pans prepared by DB Lewis Architects and dated October 12, 2006 on file with the City and deemed as being incorporated by reference herein; PO Applicant will explore the possibility of utilizing and contracting with community businesses in the service industry as needed (i.e. delivery services, dry cleaning, janitorial services, automobile detailing etc.): (I) Applicant will look to 'adopt" Phyllis Wheatley Elementary School and work with the parents and students of the school regarding affordable housing placement and other CO of Miami Page 10 of 12 Printed OW 9r25s (W7 Fife Number: 06-00/55b .Vein„ter• P-0-00.5 areas as needed_ 12) Pursuant to comments by the City of Miami Public Works Oepartment, the following street mprovements sell be required of the applicant: (a) Replatting of the property is required to close and vacate the pratted public utility easements; and the following street improvements shall be required: (b) NW 19thh Street - Replace all broken and damaged sidewalk, curb and gutter on both sides of the street adjacent to the project site. Mill and resurface he entire width, curb to curb, between NVV 1st Avenue and NW st Court; (c) NW 1st Avenue - Replace all broken and damaged sidewalk, curb and gutter on both sides cf the avenue adjacent to the project site. Mill and resurface the entire width. curb o curb: between NVV 19th Street and NW 20th Street; (d) 1 1st Court- Ropleoe all broken and damaged sidewalk, curb arld gutter on both side of the court adjacent to :he roject site. Mill ad resurfce the enire width: curb to curb, between NE 1 gth Street and 20th Street; (e) NE 20th Street - Replace all broken and damaged sidewa€tt, curb and gutter adjacent to the projec: site, T3) That the requested applications for the Future Land Use Change and Change of Zoning on these properties are approved by the City Commission 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 this# r (30) days from the date of its issuance; the issuance date shale constitute the commencement of the thirty (30) day period to appeal from he provisions of the Permit. CONCLUSIONS OF LAW The PROJECT: proposed by the APPLICANT, complies with the Miami Comprehensive Neighborhood Plea, as amended, is consistent with the orderly development and goals of the City of Miami, and cnrnplies with Fecal land development regulations and further, pursuant to Section 1703 of the Zoning Ordinance: 1) (2) (3) (4) (6) {8) the PROJECT will have a favorable impact on the economy of the City; and the PROJECT will efficiently use public. transportation facilities; and the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and the PROJECT will efficiently use necessary public facilities: and the PROJECT MI not negatively impact the environment and natural resources of the City; and :he PROJECT will not adversely affect public safety; and the public welfare will be served by the PROJECT; ; and any potentially adverse effects of the PROJECT will be mitigated through conditions of th'.s Majo- Use Special Permit. The proposed development does not unreasonably inter ere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. Cit.. of Miami Page I of 1! Prinited On 9 .5/2007 Fie _ate -01 § wr,rJ1 . myk APPROVED AS TC FORM AND QORRE(TNES ' ! 2 / }Z JORGEƒ,RERahttaEZ.— Pootno s I | If the Mayor does not sign thi Resolution, ahaFbecome effective at me end of ten calendar days from the date it was passed and adopted. If the Mayor vetoe this Resolution, it shebe me effective immedia e ly upon override of the to by th CityCQMITliSEDrl. City of 7 12 of 12 PrintedOrr 9,2 + 7 • Propelly Address: 05 NW COURT 1050 NV`/ 1' AVENUE, MIAMi, FLORIDA, 3313' LEGAL DESCRIPTION: Yrict$ A & Br of " 'JATK NAL LINEN PROP RTiE " eccordrnc To the Nat ;h3.rwc2.e} rwc'rded in F al Bock 115 at P c)e 24 d the Public Records of Dade County, F crid .. • NM' n±: 63 ES 2 •1 • 3 1' ”F. City of Miami Legislation Resolution Cit. I,a I Amelican Drwe rFtami, FL 3373 riir Nvmbi-; {5b4-1015{11. A RESCPLUTION OF THE wAIO: CITY COMMISSION, WITH ATTACH ENT , APPJ OVIN413 V.ITri GQ D1T;ONS. A MAJOR USE 3Pr_CIr L. ERMFT PURSUANT TO ARTICLES 5, 13 AND ..7 OF ZONING QPDINANC E NO, 11000, P.5 AMENDED. FOR THE AVENUE ONE PhCJECT, TO BE LOCATED AT APPROXIMATELY 1-0 NORTHWEST 1ST AVE# 1JE AND 1905 NORTHWEST 1ST COURT_ MAW, FLORIDA, TO CONSTRUCT T A,'MIXED-U E TWO -TOWER DEVELOPMENT 'i-7,ANGIN5 IN HEIGHT FROM AI ROXIM TELY 120 FEET TO 180 FEET TO BF ICOPAPRISED OF APPROXIMA, T E Y 349 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RESREATIONAL AP/Iti,f, ITfES; APPROXIMATELY 7,876 SQUARE FEET OF' RETAIL PACE: AND APPKOXIMATELY 633 TOTAL PARKING G SPACES: PROVIDING FOR CERTAIN 'EASJOR AREA RATIO "FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING rfi]DINGS OF FACT AND STATING CONCLUSIONS OF LAW; PRDVIDING FOF BINUrNc EFFECT; CONTAINING A SEVERABILITY CLAUSE ANE) PROVIDiNGfOR AN EFFECTIVE DATE WHEREAS, cn December 7, 2005, Javier P. Avino. n behalf of A-1 Management Ccrp (refrred to as "APPLICANT'), sut snit ed a complete Application for Major Use Sp -eclat Permit for Avenue One (referred to as "PROJECT" pursuant to ArtieltQs 5. 13 and 17 of TOning Ordirlanc No. -11000: for the properties located at approxirrateiy 19501,4W 1st Avenue and 1905 WAt 1st Court, Miami', Florida, as legally described to .'Exhibit A', attached and incorporated; and WHEREAS, development of the Project Fequires to iss4a--kce M4;or Use Special Pe{rnil pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Or#4nartce of the City of Mlan-:i, Florida, as amended; and WHEREAS, the Large Scae Deveiopmert Committee mot or. Octobel2,'005 to consider t re proposed project and o fear its i-iv-ut; and 117Rr Attioi Datc: WHEREAS, the Liman Development Rev.ew Board met on November 165, ro consider t`,e proposed project and recommended APPROVAL; aril WHEREAS, ;he Miami Planning A vi$ory 9card, at its meeting held on Felcuar 1. 20-0€ Item 0. 5, following an advertised pa.iblio hearing, adopted Resolution No. 18-05 by a vote of re to zero 155-0), recornfendang APPROVAL of an arrrendrnent to tdin.ance No. 10544, as amended; rid WHERFAS, the Mlarni Zoning Board at its Meeting of January 23, 2006, Itcrr No. 7,cpted a Resolution by a vote of etght to :ere (6-0), retrrrrrlerrdrng APPROVAL of an amendment I Orchr~.ce No. 11000, as amended; and 1M IEF E S, the Mlerrii Planning A: vi c`,:y Board, at its meeting held on February 1 200 I e No. 6, foI1c 1+ino en advertised pub Bearing, adapted Re solut:on No. PAB 19-C16 by a vote of five to zero (5-0), recommending APPROVAL WITH CONDITIONS of the Mao 7,;5e S'pec aI Permit Oeveloprnent au of bfre7,p,r P4?cfuf1! Area['.! CJM: 9f'i 7.06 �+le fella !..1 c?o i 55b Oruer hers% -after sot Forth: rICF 'NHEREAS t4 City Commission deems it advisa:ole and in the best ir+,teresi of the yerieral we;fare of the City of issues Nihijor t rc Special Permit De.velc ment Order as hereinafter Set forth; NOW, THE REFO R BE Fr RESOLVED BY THE COMMISSION OF THE 3TY OF MIAMI, LORIDA: Vctaon 1. The recitals acid findings cnntaine in the Preamble to ths Resolution are ecollted k� rofefence and igcorporeted as,ir fully set fw:th in this c1ion, 8ecticr 2. A Major Use Sacral Permit Development Order, inco'porated within, ;s approve:; subject ko the conditions spe4llied rN,the Development Order_ per Artic. /7 of Zorkig Ordinalce No. 11000, for the PROJECT to be devekped by the APPLICANT, ANT, at approximately 1: tx0 h!' '1 1 t Ayer•ue and 1905 NVV 15t Court, Miami: Florida. more particularly described on "Exhibit A,' attached and irr,orpnrate1. Section 3 The PROJECT is approved" ter the constructor' of a ?nixed use two tower Ceveloprrte ranging in :,eight from 8ppfoximately 120 fdet to 180 feet to ba comprised of opproxirnate:y+ 34g too multifamily residonti3f units wsth recreational ar-kerritie, approximately i', '?5 sq .tare feet of reta.i spay end approximate.y 633 totai parking spaces; pro\}dirg for certain floor area ratio ("FAR') bonuses_ Section 4. The Major Use Special Permit AppliWion for the Project also encompasses the lower ranking Special Pemi4ts as set for:h in the eveFcpmOnt Order. t Section 5. The fin s of fact uat forth be]ov. {e made with respec. to the subiect PROJECT: a The PROJECT is in conformity with ti)e adopted M rni Corrrprehensive N sghbcrhood Par, as amended, b, The PROJECT is in accord with the proposed -1 (R st-ic1 x Commercial) zoning classification of Zoning Ordir4artce No 11000, the Zoning Ordi er e of tho City of ; rii. Florida, as amended. 1. c, Purs'uant to Section i 30.5.2 of the Zoning Ordinance, the tiecific site plan aspects of the R JECT th t have ben fc Jid by the City Commision (t eau r facts ar.d roports p3repa-ed or butirrritied by staff or others) to adhere to the following Da5igr Re ri Ulf C.nteria (as eppropflate to the nature of the special perrn;t Involved in :he Protect and the particular c6reumstatices of the case) subject to the any appiicable conditions in the Deve/oprner�t Orae' here is DE iciN REVI W CRITERIA APP FQ 61LITY COMPLIAMC ,Fite and Unbar. Planrir c,, { s } Respond ?o the physical "es, contextual environment !akin into consideration urban form and r:atufal features; (2) Siting shed minimize The Yes. impact of autc:rabie parking arc driveways on the pedestrian -Yes. 'Yes. N. (ryF9J_ ienn, Prop. 2 o. 1 ire' rgdr an; V14'2 r70.h Fife !VL nitv',"OC-C.v.)7555b environment and adjacent properties: :7: Bu'Id r q o•rr corner its shou'd be L rented the corner aria pi:bric s r t fronts. Yes. *Yes. II).Al I' ite .tune and Lajldsaape Arc si erbjre' (1) A f;rc ect shail be de .tined Yes. to comply '.nit Ali appLicatit landscape ordinances: .. (2) Respond to tl e neighbcrh c Yes, context: () Create a trans tior in bulk Yes. arsd scalc.; (4) !Jae architectural styles Yes. and details (such as roof fires and tenastrat=on), colot8 and triaterial8 derivative from stirrouliding area, (5) Articulate the building facade Yes. vertically and horizoritalty ir. irterva€s that eonferm to the exist.n stfUytures rn ?h vicinity. (1; Promote peOestrtan nteraction; (2) Design facades that respand prirnarlly to the human scale; (3) Provide a .tive, not bear* facades. Where blank walls arc unavoidable, they shotJld receive desia] t>eat:,ent. *Yes_ `Yes. *Yes *Yes, *Yes. ks,c. I11) l'edDstriar: Orieriled eveloprne nt: 1'ss, *Yes. '4z Ye-s. 'Yes. 'Yes. IV) Street scao And Open Space: (1) Provide usable open space Yes t7at allovws far con'enlierrt and visible pedestr;an acc1U.5 rron tie puolic sidewalk; (2) Landscaping, including .D4art Yes. material, tre5Jses, special pavareents. screen 'aEJS, pia iter5 ar'd si=r7rla features s'o:rlj to ''Yes. Page J 0f71 Prrirf�'d 4 J ,• 4/1 .260 Rn� JVU r:�:. 6-OC1 i.r�1 pp:op ;la te:y corpora ed tc enhance the pr• ct. '! ric;.11ar A ;cas ai d Rarkiric4; 1) Design for pedes'.raar' arts Yes. *Yes. vehicular safety to rninirnize 't•, ccnflict point;; '. 2l Min;. -nine the number anc ". Ye.*. k' e5. wicith of drarffways and curl; �. 3) Parl<.in adjacent to a street es. *"es, front should be mirirn zei and '. where pcssib'e should b-e ; :ocated behind she building; " .+ Use s�rr{a parking a;eas Yes. *'es. as district b,.lffer, ,, 4 r Scrc 1i io. 43; ProtiidQ landscaping that Yes. nies. screen undesirable elemei s. such as surface parl<ing lots, ;.-. and ha: enhances space and a-ehitecture: i2} Builcrirag sites should locate Yes. 'Yes_ servICE elamenks like trash i�irnpstEr, loading docks, and `' Teonanical equipment away from street front where per !bke. .5Nhen 8!err1ents SUji as dtirrpsters, utility ureters, necharic-al units ana service areas carfot be :ocatea away frurn the 6tfeet frc t.11.- y should oe situated and screened #rcr:n view to st}eat and adjacerr# grope Iles. (3) Screen packing garage Yes *Yes. stro.t:iron w1h program uses. Wher program i.J s are not Fe. h'e snften tie garag . structire'Wit;n landscaping, and/or other a� it$ble d Aign element. [:iry 07-ell Pry 'e 4 a P 1 Prin!eel f "II 11.2006 !L f1 r!r?der. U ,^Q 5tI VII) :ona!it and Lighting: gygnag e. aRcrepriEte. Ye,5. for the sceie and ch.cter of the project and irrr e Neighborhood; (2) Provide `fighting as a desr+ n Yes_ 'Yes. feature to the building facade,... on and around landscape areas, spec:al building or site features, anclfor signace' (3; Oront outs:de lighting to minimize glare to adjauerat properties; (4) Provide visible signage identifying buird..1g addresses at the entrance(s) as a fuFJc:fiQnal and aesthetic cortisidera icri- 'Yes 'Yes. 'Yes, It1' Freservati.:)il of ick.atural reatures: I Preserve existing vegetation Yes. "i'e . andlor ecological feattrYe; whenever possrbie_ IX) Modification of Nokiannforrir tie :, sh For modifications of Yes. 'Ye5_ nonconfer7iin9 structures, no increase it the degree of nonconformity shall be allowed: (2) Modification} That car1to:r 'es_ *Yes. to cruelt re :Jtations shall e designed to conform to :hie .;ale and context of the nonconforming $tructur.e. "Compliance is subjec` tc conditions. c. These findings have been made by the City Commi5sion to approve this protect wii21 conditions. d, The PROJECT :s expected to cost approxima:ely $88:0013,OCO, and to errrplo gpprcxwimatety 275 odorker•s during cols;ruction (FTE-Full T'sme Employees); The PROJECT'wilj a]sw esult in the cruet;on of approximatFly 12 permanent new jobs (FTE) and will generate approxirrat $8 0,t6 annually in :ax revenues io Tc City (2005 dollars). [ ' vf',tiliam+ Page 5ofi1 Prix! r erI O a • 492/2 0 06 C&C.015-D e.Tk'�V City Commission further fads that: (1) !he PROJECT u':li have. a fa able. irnp-aa on the e ]r3;my of the. City; (.2N,le PROJECT will efficiently use public transportation facilities; (3) arh potentially adverse effects of the PR JE T ve be rr.iNated through compliance with the r:or.ditions Xtrn s RJla;or tJse Special Perrot; ;41 the PF# JE T will favorably affect the need for people. tV find adequate 17O.lsing reasolab;y 2.^cessible to their paces cf eiii ,loyn,enF; (5) the PROD T vwirl efficiently L:se riece.:Fsani public faoikit;es; i:5) the PR JEC will not nega*i'fely impart tie environment and natural resources of the City; (7) the PROJECT iYI not adverse;y affect livirg condition s in the neighborhood; (8) the PROJECT wifrot adversely afte t pudic safety r,G) based on -The recorr vressrxted and evidence presented. the public wef`a-e will be served by' the PROJECT; and (10) any potentially ads}a e effects of the PROJECT arising from safety and security fire protection and He safety, solid weatc rer!ta re conservation, trees, shoreksne develop 'lent, minority participation and employment, and min Fty ccntfar~:Qrtsubcontractor parkipation v,riIF be mitigated th'ouoh compliance with the conditions ref. this Major Use Special Permit. Section G. The rvlaior Use Special PerA as approved and amended, shall oc binding upon this APPL• AH7 and asuccessors in interest. `• _ry S aclion 7. The applicalicn for Ma;ar Use Sped al Perrnit, 'Which v.as submitted or D corrber 7, 2005, and an file with the '!inning Department of tl City of Miami, Florida, s.'ialk be relied upon eneraliy for administrative interpretations and is inc ,porated by reference. Sectton 5. The C:f.y ana r is directed to instruct tihe Planning Director to trensmit a copy of th4s. ResoIjf nr, and attachment t the APPLICANT. • Sec`ion 9_ The Fridings of Fast and Corsck isiors of Law are made with *espect to the Project as described in the Leveiopment Order for the PROJECT, irioorp0,ratec �^r;train_ ecticn 10_ The Major Use peoial Perrr.t De eloprr'ent OJer for the PROJECT is granted and issued. Section 11. krr the event that any Dartian or section of this Res tian or the Development Order is determined to be invalid, illegal, or uflconStitu ional by a court or ag y of corrpete-nt jurisdiction, slob decision shall in no rr'agner affect the remaining portions of th;s Resr?tlrtion or t)evelopment Ord .r which shall rmar sr1 tut] force and effect ak Section 12. The provisiorn$ a p cved fcr tt is lkila or Use Gipecial Penmit+sal approved, srak' cornmer"ce and become operative thirty (0) days after the adoption of tie Resolution. • Section 13_ This Major Use Special Perrr..t, as approved, sh2atl expire two ( ly years f-om its ca►nmwicernent and operative date_ Section 14. This Resolution 5hat3 becomc of. th,� Mayor. {1) cffctive :mniediatet + updrl F#s adOpfiSii and si jrkatur- '�k'.?! APrwri 1'++;;e a F1 Prinre.dO1a:4'22i20Va DEVELOPMENT ORDER Let ;t be k dwn that purs..ian: to Articles 5, 13 and '7 of Ordinance No. 110OC, the Zoning Ordinance of t1ie of Mgarr::, Florida. as amended (the "Zoning Ordinance"), the Corr•rrtssiort of the City of iArni. Ftori• a;:tlas considered in a public 'iearirg, the issuance of a Major Use Speeia: Permit 'or Avenue Ono (MLI- p5-04:), (hereinafter feferred to as t:~re 'PROJECT") to be Ioca:ed at approximate y 1950 NW Avenue and 1905 NW 1st Cotirt, Miarrri. Florida isea Iegadescription on "Exhibit A', attached and MOi•bcrated), is Sub ewt to any dedications, I'milations. r.estrie }ens, reservatic•rrs or e semer.ts o -record. •. After Fe onside#' ;or :,k r i^ ,rnrr,e`n•datcr1 (:,• the PIannrn {advisory 13 and i• J afterc,ue r-:onsideratiori of the ransistcncy of aria proposed da l pr ient with the Miami omprehier:sive Neighdonccod Plan, the City Oommi sicri has approved the PROJECT, and subject tote fcdo'rtrirrg conditions approves the Major Lisa SpkOal Permit and issues this Hermit: lit: PI."C I SS Dr lACT PROJECT DESCRIPTION; •'} The proposed PROJECT is a mixed tise cuev ]apment to be s' cated at approximately 1950 NW Est Avenue and 1905 NW 1st Court Miami, rIcrida. *Pe PROJECT is located on a gross lot area Di approximately 4,07± ar_res and a net lot area of ap toxirnate .48± acres of land (,more soeoi'ioai°y Described cn "Exhfti! A", incDrporated herein by reference). Tie remainder of the PRO.JECT's Data Shut is attached and incorporated as "Exhibit B. The propos-d PROJECT v,ri;: be a mixed use two to, r deve!opment ranging ;r, height from approximately 120 feel to 180 feet to be comp{ied of appr xirnately 349 total rnult farrmily res drtial :ants wilt rec tic-nal Amer. ties' app-roximately 7,875 square feet of retail spae.a; a: id al : roxir at&ly ,33 total Nei Jng spaces; providing fof certain floor area ratio 'FAR") bonuses. The i Aare- Use Special Permit Application for the PROJE T`plso en~ornpasses the following Io'.ver ranking Special Permits; MAJOR USE SPECIAL PERMITS WISP, per Article 1 I for development of 345 residerrti¢i units, PILSP, as per Article 17 for parking of approximately aS'J parking spaces. Pi?USP, as per Article 5. Section 502, PIJD districts; to increase the Ybbor area by twenty percent, 61,01.5 scuare Feet. Per City Code, Chapter 3C-6: request fo: waiver of r osse ordinance foi construction equipment for Qontir7,intis CLASS II SPECIAL PERMITS CLASS IISPECIAL PERMIT, a$ per F,rtiele 4, Sec`ron 401 tc alloy far an irtrease in footprint frown 40 96to 50%ofgross lotarea MASS II SPECIAL PERMIT, as per Art°c1e 4, Sep#pan 401, to allow corri�s4truction ft,ince and covered waF;cway. CLASS II SPECIAL PERMIT, as per Article 9, Section 977 to A:low Tempor rr of`slte parking during constriction of _ 7itrmr Page 7 .of 2 r f ifl led 47,vr 4422.•': 0.5 r=i:c l41! u 55k. CLASS .f SPECIAL PERMIT$ GLASS I��:�A. PERMIT: as per Arnie 9, Sectio^. 906.9, to allow fora special evert rn ly a ground brekrro relemory. l ASS I SPEQAL PERMIT. as per Article '. Section 920, is to a;!cw a trailer(s) for constfuctio and other 'en porgry offices such '.easing and sales. CLA S ; PECI4. FERMET, as per Artie 9, Section 904, for oar�cir'g and staging of construction du-irig ccnstnlction.\ CLANS 1 SPECIAL F:E.RMIT, as per Aricle 9, Section 9 0. 1, to aitow a cons ruction trailer and watchman's quarters. CI ASS I SPECIAL POMIT, as per Article 10, Section 10.3.2.2 to allow development/ construction rerlta€ sivage ., CLASS i SPECIAL PEkE 9 f., as per Article 10, Section 10,5.5.3 to a tow development 1 construction 1 rntai sigr;age REQUES7 for applicable MUSP condiir rns to be salisf•ed at the time of shc11 perm t ;natead of at i s.lance of foundation permit: a) The rQouirerrent to record in the Pull Rgacords a Declarat.ior of Covenants a,nd Restrictions providiriu that the owrxership, aceratibn aid rr inlAr,an e c a1s ,crnn-on areas and fcl'iIes wql b y the property ovaner or a mandatory property otvn.er association; ant The racuiremern to record ir the Public REcids a unity of title or covenant :n lieu of unity of title Purst€an IO Artivles 5, 13 awd 17 of airing' OrcAn ~e 110-00, approval of the requested Major Use Special Permit shall be considered sufficient for the su rdinatP permits requested and reference. above ns well as any other sperm approvals required byte O:fy wh:ch may be required =ro carry ou The requested plans. Th.e PROJECT shall be constrtroted sub3tantially in iic;wlance with plan$ and design sc1ematics on rile prepared by EBB Lewis Architecture nesipn, dated Coven be- 2, 2005; the lands[:ape pital shalt be implemented stroetantlally in aceordonce with plans and de ig.? schernatics on file prepared by Enviroscapas, dated 7'005; said design and !andscaDe plans may eke permitted to be modified only tc the extent reGessary to comply with the con icsons fc: irn159eed herein; al! n odit.ca.tions s€ia;3 be subject to the review and approv i 01 the Fanning Director prior t 'he issuance of any building en -nits: and Thri PROJECT conforms to the requirements Pf the proposed -1, (Reskric!ed Cammeraial; Zoning alas ificat;s n, .as contained ir the Zoning Ordinance, the Zoning O1 1=nance of the City of M, rr;i, Florida, as amended_ Tile proposed comprehensive plan fL:tLre lard use tfelsignation on the subject property allows the propcsec uses. CONDITIONS Y., THE APPLECANT. kTS SUCCESSORS, ANDJOR ASSIGNS. JOIN1LY CA.SEVERALLY. PRIOR -ro THE ISSUANG OF ANY BUILDING P1=RMiTS, SHALL COMPLY WITTHE FOLLOWING: 1 Mevt all app!icabe bui d.ng codes, land devc.opmen; regu aliens, r rdinance-ko:ed ogler raws Orr Of..1EUni Purse $ of r2 Paired Oh: -/11'. +fib sn.+?v . OS-0i,?55 • and pey eI: apolicihlo fees due prior to thi issuance o a building permit. 2) AillAtine Miami Fotiice Department to cohr:R.,ot a security survey, at the option of thin Debarment, ar,d10 ri3xe recommendations concerning security Treasures and s Osten ; `L'i;bier submit a report to e Planning Departn-ient, prior to commencement of conslruction. cemonstratir,g how the Police Derairnent rec r.7rrenda4Fons, if any. rr ve been ancorporated into the PROJECT 5esunty arse Cr nstruct ;n plans, or demonstrate `.o the Planning r;irector why such recommendations are irm race: al, } Ottain approval #Tom, or provide a letter from the D +pa'tmer.t of Fire -Rescue .r%dicatir}g APFI..ICANrs cDordinativi wilt i ITembC-s of fhe 1*iftl :'an Review Section the Department. of rire•RYsc:ae in the review c# l-i.e.,scope of tie PROJECT, owner responeibiqty, building de:elopii ent process and review procedffes, O} we!I as $pedf;c requirements for fire protaotion and life safety systems, ex.ting: vehicular access and water supply. Obtatn approval from, or pro rFde. a 1ctter of assurance from the Deoartrnent. of Solid Waste that the PROJECT ias adcressed a!I co cefns at the said 173epartirent prior to the obtainment of a shell pef i-n . 5) Compiyvith the Minority Participefi n and Employment Pint+ (including a Contractor/Subcontractor Participation 'Plan) s`ubrrrit_ed to the at), as part of the Application for Development Approval, with 4he understanding `hat the APPLICANT must use its best efforts to follow the provFa one of 043 amity's Minority,I fome.n Businpss Affairs ar d Procureme.:t Procran, as a .guide J6) Record the following in the Public Recolds..of Dade Courty, Florida, prior to ;he isstianre of a Temporary Certificate of Occupancy or ert;licate af,Oocupancy, a Deciaration of Covenants and Pestri':tiOrxs providing that tl'e ownership_ ope-ation air% spa}nt trance of all core=iron areas and facilities ti F1? 've Der the property owner or a mandatory pic erty wner asscc°ation in perpetuity. 7) Prior '❑ the issuance Qf a 1 i l perrr'it, provide threE.,Clty v,r:th a recorded copy of ;he MUSP perrr,ii resolution and rievelopraerrt orce-, anc further, ar; executed, record able unity of title cr covenant in `Feu of urlity of titie agreement for the ;ub]ect proef,rty; said agreement' snail be su;aject to the rr?qiewtw and approval- of the City Attorneys Office_ 't 1) Provide_ the Paarriing Department with a temporary oors tuotron plan 'hat includes rf�e following: a temporary construction parking Plan, with ai enforcer policy; a ccnstr oton raise 1ara ernent pter3 w:tl: a,n enforcement policy; and a maintenance pr ,rr for Ulu ie.nporary co'nstruc.icn site; said .Man shai1 be subject to the review and approval by the Planning Department prior to the isv ranee of 2 y building permits aid ha?1 be enforced during construct+Qr a!•tivity. Ati construction activity siia.'1 remain 41 frA rpliar :e with she psovis oris c- the su:o ir:tel;i. cr ns;ruotion plan; fai:ure to comply may lead tc a susperis on or revocation of this Major Use Specsal F rmit. 9) Insofar as this maw Usk Special Permit includes the subordinatep prover of a series of 'Class I Special Feria:ts for VIAliC11 bpecific details have riot yet been developerf,pr provided, the ap .icant shall provide the PIa.1n{ng Departrnent with all 5ubardina e Class I Spatial PermFl plans and deta!ad requirernerkts for final review and apprc.vat of elach one prior to the ,ssua ce 01 any et the subordi ate approvals required in order tc carry o ii any of the requested activties\ar.d,or iMproverr..e.1L Iistec ins t is derelopnnen` Order or captioned :n :he plans approved it. LJry rrt ..f r�rrtr .Prize 9 0.f J i'rixleft On, 4/I Z?20,06 N'urri r r: 06 OJ" 5b W) f'the prorject ;sto Lx ,~evehoped in phases, ti:e-Applicant S-tia0 submit 1: ;r..terFn plan. rrcludir �a lands epe plays, which addresses design details for the >and ocoupy ng rt :ure phases of this Pr ojedtain the event the; the Louie pluses are not deveoped, said plan shall inc4ude a propose tirnetabhe an'$ sha;.l be subject to review and apprcvah by the Planning Director, $1) PL]rsrxprnt `,a design re fated comments received by the tarin rig Director, the applicant shale rneci. the fo9lowing'conditions: (a) The Iocaionof the two towers shall be switched with tie taller tower t�r:krrg r.PLP.r lat. A Menu ; ;7a? Tn s project may r :rrre a van r'See at this ;lase for setbsck ancl he`aht requirements 1€ a vari8ince is required, Miami 21 may allow a !mire flexible process for this site, (c) Incorporate ;he regarre&-doading spaces so tna< access is provided 4o their from w:thin the garurge, thus elimin 'ing the our:.) Ut and loading bays from the NW 19th Street facade; fd) Face ar cek or mahogany at1eL along NW nth and 19th Streets witch woL;hd define the harge setbacks with the strut and allow space fora double OtaEnting of andde trees with an 8-'.7 sidewalk_ Additional layered shrub 2ndfor rgrCundcover panting* shv,ild separate the afoades from the grass on these two sides. 12) Pursuant to comments ..the City of Miami PLblic Woks Department, the following strut improvements shall be rehired of the.teppl/cant: (a) Replatthg of the prO7er:y •.s required to close and vacate the patted publiri ut;lily easements; and the Vowing Street Improvements 3ti0 be required: (b) NW 19th Street - Repace all broken art larnaged sidmm calk, curb and gutter on troth sides of the street adjacent to the proeV Sits. 1`J1iII and xesLr;ane the entire w dth, curb curb, bepr'reerk tTiN 1st Avenuti and NIP 1 et Court; (c) NW 1st Aver7;xe - Replace all broken and damaged sidewalk, Gut, and gutter on both s!d�; d :he aventie adjacent tb.,the project site_ Mill and ressurfa the entire Md#ri, curb to curb, between NVV 11kh Street and NW 20thi Stre t; (d) NW 1st Court - Repine 211 broken and damaged sidewalk:, curb and ;Atser on both side _of the court ad;acerit to the project site. Mill and resurface the entire width. curb to curb between NE 1! h Street and NE 20th Street: f.ej NE 2 th St-eet - RepEaco all broken and damaged side +welk,.curb and gutter adjacent to the project site- , 11) That the requested applicaticns fvr Lhe Futuce Land Use Change and Cl-ricie of Zoning on these properties are approved by the City Commission .k 14) Within 90 days of the effective date of this Oeix lopment Order, record a certified copy of the Devescp•mer:t Order specifying that tie Development Order rune witty the '.and and is binding on the Applicant. its SuoCzaso-s. and assigns, jointly or s ; reraily, '`HE CITY SHALL; Establish the ope'ative date of this Permi5 as being thirty (30) dais from the gate of its issuance: the issuance date sha`1 cans:rtutc the commencement of tiie thirty (3Q) day period to appeal frciri the p.rov+sr 7s of the Permit. QNGLUSIONS D- LAW Tl-e PROJECT, proposed by the 4P}'LI AN ', complies with the 1 8nri Comprehensive Neighborhood Plan, as ai 'tended, is consistent with the orderly developrrrerit and goals of the City of Miami. and complies with local 1arid 1evelopmenr regu!atruns and further, pu uant to Section, 1703 of The. Zoning Ord,riar:ce: () the PROJECT �v;il have a favorab+e impact -on the economy of t11e ity; acd (2) the PROJECT w4 off}cientFy .kse pubic trransportatior: facilities; an ` Printed On: 4!/2/ f 96 {3) the P OJECT favorob]y affect the need for f:0,d aOe.r,uaie ho; s_rs reason. Iy accessible to ihe4 p]aees of employment; anj (4) the PROD CT}ruit4erident]y use necessary pub faciliti; ; and IA ;he PRO, T wik; not ri gatively� impact the .erwironment and natural resources a` the City; anc z1FF the PROJECT ilI net ad er ery affect public safety; and {7) the public weSfai .pviil be served by the PROJECT: and B) any potenta ly ad}4k#se effec s of tr.e PROJECT 'Nil be mt;tga;ed through cord:tiara of this hAaior Use SpecIAI Permit The p7oposed rie re'oprr&1t does rrgt urireasonabty interfere with the achiever:'ent of the ab;ccfives of the a €c,:pted State Lend DeveloprnerrtFlan app icabte to . City mr Miarr . A:PPPOVED AS TO FORM AND COR f= : JORG. L. FERNANDEZ CITY ATTORNEY root :ot�s; O'y if the Mayor does not sign this Resolution, it shall beeol re eft ctive at the erd of ter ca' nd r days from tare rta,-e It was passed and adopted. If the Mayor v etc.s this Resc ution, H anal' beco fie. effective immeciate]y upon oveyride of tine veto by the amity nrnission. city 0f ,M1ffa.nr Pop, r off f rirrlri! OA $!J2l2-00 • • �I:Sktll�,.a: Property Address: / 9;15 NW 1 sT GOUT & 1950 NW ST AVEN E.. MIAMI, FLORIDA, 3313E LEGAL DESCRIPTION: `. Tracts A & 5, of "NATIONAL LINEN PROPS tT E " elcc rdhg to tne plat thereof as recorded ir. Nat Book 115 cit F gz 24 of she Pu k. ?records of ade County, Fkarir#t.. v# • • • • cal 4 - • • -- .•• .. Jcr. EIP.....4.0.11‘,•:.;, PI 1.,,,, I ,nd,....., , 4,5...c.. L -.:-.;._,......rr.,....:.•,..,;•177.7.—....r...1-- ,;,,,..--;•-=.. -••:-,-.;..... ;....-..•,-.. W. 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