HomeMy WebLinkAboutR-07-0107City of Miami
Legislation
Resolution: R-07-0107
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-01524mm Final Action Date: 2/22/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A
PREVIOUSLY APPROVED MAJOR USE SPECIAL PERMIT PURSUANT TO
ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS
AMENDED, FOR THE 3760 BIRD ROAD PROJECT, TO BE LOCATED AT
APPROXIMATELY 3760 BIRD ROAD, MIAMI, FLORIDA, TO CONSTRUCT AN
APPROXIMATE 292-FOOT, 12-STORY HIGH MIXED -USE STRUCTURE TO BE
COMPRISED OF APPROXIMATELY 14,217 SQUARE FEET OF RETAIL AND
318,406 SQUARE FEET OF OFFICE SPACE, APPROXIMATELY 9,410 SQUARE
FEET OF RESTAURANT SPACE, PLUS AN ADDITIONAL OUTDOOR
RESTAURANT SEATING AREA OF APPROXIMATELY 1,725 SQUARE FEET, AND
APPROXIMATELY 1,099 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN
FLOOR AREA RATIO ("FAR") BONUSES; 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 December 4, 2006, Javier F. Avino, on behalf of Bird Road Holdings, LLC, owners
(referred to as "APPLICANT"), submitted a complete Application for a Substantial Amendment to
Major Use Special Permit for the 3760 Bird Road project (referred to as "PROJECT") pursuant to
Articles 5, 9, 13, 17 and 22 of Zoning Ordinance No. 11000, for the property located at approximately
3760 Bird Road, 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 October 18, 2006 to consider the
substantial modification to the previously approved 3760 Bird Road project; and
WHEREAS, the Urban Development Review Board met on November 15, 2006, to consider the
proposed project and recommended APPROVAL WITH CONDITIONS; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on February 7, 2007 Item No.
5, following an advertised public hearing, adopted Resolution No. PAB-07-007 by a vote of seven to
zero (7-0), recommending APPROVAL with conditions of the Major Use Special Permit Development
Order as hereinafter set forth; and
WHEREAS, the Miami Zoning Board, at its meeting held on January 8, 2007 Item No. 9, following
an advertised public hearing, adopted Resolution No. ZB-07-0006 by a vote of six to one (6-1),
recommending APPROVAL of the Variances as part of the Substantial Modification to the Major Use
Special Permit Development Order as hereinafter set forth; and
City of Miami
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WHEREAS, the City Commission deems it advisable and in the best interest of the general
welfare of the City of Miami to issue a Substantial Amendment to Major Use Special Permit
Development Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. A Substantial Amendment to Major Use Special Permit Development Order,
incorporated within, is approved subject to the conditions specified in the Development Order, per
Article 17 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the APPLICANT, at
approximately 3760 Bird Road, Miami, Florida, more particularly described on "Exhibit A," attached
and incorporated.
Section 3. The PROJECT is approved for the construction of an approximate 292-foot,
12-story high mixed use structure to be comprised approximately 14,217 square feet of retail and
318,406 square feet of office space, approximately 9,410 square feet of restaurant space, plus an
additional outdoor restaurant seating area of approximately 1,725 square feet and approximately
1,099 total parking spaces; providing for certain floor area ratio ("FAR") bonuses.
Section 4. The Major Use Special Permit Application for the Project also encompasses the
lower ranking Special Permits as set forth in the Development Order.
Section 5. The findings of fact set forth below are made with respect to the subject PROJECT:
a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood
Plan, as amended.
b. The PROJECT is in accord with the C-1 (Restricted Commercial) zoning classification of
Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended.
c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT that have been found by the City Commission (based upon facts and reports prepared or
submitted by staff or others) to adhere to the following Design Review Criteria subject to the any
applicable conditions in the Development Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
(I) Site and Urban Planning:
(1) Respond to the physical Yes. *Yes.
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Yes. *Yes.
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
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properties;
(3) Buildings on corner lots Yes. *Yes.
should be oriented to the corner
and public street fronts.
(II) Architecture and Landscape Architecture:
(1) A project shall be designed Yes. *Yes.
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood Yes. *Yes.
context;
(3) Create a transition in bulk Yes. *Yes.
and scale;
(4) Use architectural styles Yes. *Yes.
and details (such as roof lines
and fenestration), colors and
materials derivative from
surrounding area;
(5) Articulate the building facade Yes. *Yes.
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
(III) Pedestrian Oriented Development:
(1) Promote pedestrian Yes. *Yes.
interaction;
(2) Design facades that Yes. *Yes.
respond primarily to the
human scale;
(3) Provide active, not blank Yes. *Yes.
facades. Where blank walls
are unavoidable, they should
receive design treatment.
(IV) Streetscape and Open Space:
(1) Provide usable open space Yes. *Yes.
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant Yes. *Yes.
material, trellises, special
pavements, screen walls, planters
and similar features should be
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appropriately incorporated to
enhance the project.
(V) Vehicular Access and Parking:
(1) Design for pedestrian and Yes. *yes.
vehicular safety to minimize
conflict points;
(2) Minimize the number and Yes. *Yes.
width of driveways 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 Yes. *Yes.
as district buffer.
(VI) Screening:
(1) Provide landscaping that Yes. *Yes.
screen undesirable elements,
such as surface parking lots,
and that enhances space and
architecture;
(2) Building sites should locate Yes. *Yes.
service elements like trash
dumpster, loading docks, and
mechanical equipment away
from street front where possible.
When elements such as
dumpsters, utility meters,
mechanical units and service
areas cannot be located away
from the street front they should
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, and/or other
suitable design element.
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(VII) Signage and Lighting:
(1) Design signage appropriate Yes. *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 building or
site features, and/or signage;
(3) Orient outside lighting to Yes. *Yes.
minimize glare to adjacent
properties;
(4) Provide visible signage 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,
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 made by the City Commission to approve this project with conditions.
d. The PROJECT is expected to cost approximately $123,938,194, and to employ approximately
212 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the
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creation of approximately 30 permanent new jobs (FTE). The PROJECT will generate approximately
$572,546 annually in tax revenues to the City (2006 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the economy of the City;
(2) the PROJECT will efficiently 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 adversely 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 welfare will be served
by the PROJECT; and
(10) any potentially adverse effects of the PROJECT arising from safety and security, fire
protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority
participation and employment, and minority contractor/subcontractor participation will be mitigated
through compliance with the conditions of this Substantial Amendment to 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 September
22, 2006, and on file with 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 Law are made with respect to the Project
as described in the Development Order for the PROJECT, incorporated within.
Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and
issued.
Section 11. In the event that any portion or section of this Resolution or the Development Order
is determined to be invalid, illegal, or unconstitutional by a court or agency 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 effect.
Section 12. The provisions approved for this Major Use Special Permit, as approved, shall
commence and become operative thirty (30) days after the adoption of the Resolution.
Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its
commencement and operative date.
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Section 14. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 9, 13, 17 and 22 of Ordinance No. 11000, the
Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the
Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a
Substantial Amendment to Major Use Special Permit for 3760 Bird Road, (hereinafter referred to as
the "PROJECT") to be located at approximately 3760 Bird Road, Miami, Florida (see legal description
on "Exhibit A", attached and incorporated), is subject to any dedications, limitations, restrictions,
reservations or easements of record.
After due consideration of the recommendations of the Planning Advisory Board and after due
consideration of the consistency of this proposed development with the Miami Comprehensive
Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following
conditions approves the Major Use Special Permit and issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida,
the subject proposal for the 3760 Bird Road project has been reviewed to allow a Substantial
Modification to a Major Use Special Permit, Resolution 06-0188, pursuant to Articles 5, 9, 13, 17 and
22 of Zoning Ordinance No. 11000, as amended, located at approximately 3760 Bird Road, Miami,
Florida, to allow the modification of the previously approved 3760 Bird Road project as follow; to
construct an approximate 292-foot, 12-story high mixed use structure to be comprised approximately
14,217 square feet of retail and 318,406 square feet of office space, approximately 9,410 square feet
of restaurant space plus an additional outdoor restaurant seating area of approximately 1,725 square
feet and approximately 1,099 total parking spaces.
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 footage, and off-street parking bonuses for
contribution to Affordable Housing Trust Fund; exceptions, to allow an increase up to twenty-five (25)
percent of additional floor area as a development bonus of approximately 58,354.14 square feet, the
user shall make a non-refundable bonus developer contribution of an amount of $723,591.33 to the
Affordable Housing Trust Fund administered by the City of Miami;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (9) and ARTICLE 5,
Sect. 502. PUD districts; minimum area, maximum densities and maximum floor area ratios permitted
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(a)(c), to allow up to 20 % increase of floor area ratio, for an increase of approximately 46,683 square
feet of floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (2), to allow a
non-residential development involving in excess of two hundred thousand (200,000) square feet of
floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (7), for any single use
or combination of uses requiring or proposing to provide in excess of five hundred (500) off-street
parking spaces;
The Major Use Special Permit encompasses the following Special Permits and the additional
requests:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, C-1 Restricted Commercial, Class II
Special Permits required, to allow an increase of the maximum allowed footprint of 40 % the Gross
Lot Area to 60% GLA;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, C-1 Restricted Commercial, Class II
Special Permits required under Conditional Accessories Uses, to allow drive -through facilities for
financial institutions;
CLASS II SPECIAL PERMIT, as per Article 9, Section 931.2 (a), Drive -through and drive-in
establishments; car washes, Drive -through bank, to allow reduction of one of the required spaces
before the teller windows for each of the first and second teller windows;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -Section 917.1.1, Parking
maneuvers on public streets or sidewalks prohibited; backing into an alley by Class II Special Permit;
exceptions, to allow maneuvering on public street (Peacock Avenue) of four (4) loading trucks;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary structures, occupancies,
and uses during construction, criteria for special permits, to allow temporary structures, occupancies,
and uses reasonably necessary for construction such as construction fence, covered walkway and if
encroaching public property must be approved by other city departments;
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub -Section 906.9. Temporary special
events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on
privately owned or City -owned land such as a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub -Section 916.2.1. Temporary special
event parking, to allow parking for temporary special event such as ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2. Temporary off-street
offsite parking for construction crews, criteria, to allow temporary off-street offsite parking for
construction crews working on a commercial -residential project under construction;
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CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub -Section 920.1.2. Limitations on
occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes, 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 I SPECIAL PERMIT, as per, ARTICLE 10, Section 10.5, Sub -Section 10.5.4.3, C-1 Restricted
Commercial, Temporary Signs (3), to allow temporary development signs;
REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permitting
the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted
average dBA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6
(c) and all the applicable criteria;
REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required at
the time of issuance of Shell Permit instead of at issuance of Foundation Permit:
The requirement to record in the Public Records a Declaration of Covenants and/or Restrictions
providing that the ownership, operation and maintenance of all common areas and facilities will be by
the property owner and/or a mandatory property owner association;
And the requirement to record in the Public Records a Unity of Title or a Covenant in Lieu of Unity of
Title.
Pursuant to Articles 5, 9, 13, 17 and 22 of Zoning Ordinance 11000, approval of the requested
Substantial Amendment to Major Use Special Permit shall be considered sufficient for the subordinate
permits requested and referenced above as well as any other special approvals required by the City
which may be required to carry out the requested plans.
The PROJECT shall be constructed substantially in accordance with plans and design schematics
on file prepared RTKL Associates Inc., dated November 27, 2006; the landscape plan shall be
implemented substantially in accordance with plans and design schematics on file prepared by Curtis
Rogers Design Studio Inc., dated November 6, 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; all modifications shall 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 requirements of the C-1 (Restricted Commercial) zoning
classification, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami,
Florida, as amended. The existing comprehensive plan future land use designation on the subject
property allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY,
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE
FOLLOWING:
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1) Meet all applicable building codes, land development regulations, ordinances and other
laws and pay all applicable fees due prior to the issuance of a building permit including the required
Affordable Housing Trust fund contribution of $12.40 per square foot for any applicable FAR increase
sought under those provisions.
2) Allow the Miami Police Department to conduct a security survey, at the option of the
Department, and to make recommendations concerning security measures and systems; further
submit a report to the Planning Department, prior to commencement of construction, demonstrating
how the Police Department recommendations, if any, have been incorporated into the PROJECT
security and construction plans, or demonstrate to the Planning Director why such recommendations
are impractical.
3) Obtain approval from, 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 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
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 all concerns of the said Department prior to the obtainment of a
shell permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for
Development Approval, with the understanding that the APPLICANT must use its best efforts to follow
the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide.
6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of
a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and
Restrictions providing that the ownership, operation and maintenance of all common areas and
facilities will be by the property owner or a mandatory property owner association in perpetuity.
7) Prior to the issuance of a shell permit, 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 be subject to
the review and approval of the City Attorney'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; and a maintenance plan for the temporary construction
site; said plan shall be subject to the review and approval by the Planning Department prior to the
issuance of any building permits and shall be enforced during construction activity. All construction
activity shall remain in full compliance with the provisions of the submitted construction plan; failure to
comply may lead to a suspension or revocation of this Major Use Special Permit.
9) In so far as this Major Use Special Permit includes the subordinate approval of a series of
subordinate Special Permits for which specific details have not yet been developed or provided, the
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applicant shall provide the Planning Department with all subordinate 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 or captioned in the plans approved by it.
10) Obtain approval from, or provide a letter from Miami -Dade Aviation Department indicating
that the proposed height of approximately 292 feet is in compliance with all the concerns of the
Department prior to the obtainment of a shell permit.
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11) Pursuant to design related comments received by the Planning Director, the applicant shall
meet the following conditions: (a) Provide new elevations at a larger scale with details, more particular
the west elevation, for review approval by the Planning Director prior to the issuance of a building
permit (b) Reconfigure the size of the panels and include a clear indication of the material and design
of this element (c) Large areas of blank wall are unacceptable; (d) The sidewalks shall remain at a
consistent height throughout. Vehicles shall rise to the sidewalk level with ramping beginning at the
outer edge of the curb, with the ramp slope being the maximum allowed by Public Works; (e) Reduce
the amount of curb cuts whenever possible and do not locate garage openings adjacent to each
other; (f) Further articulate the ground floor of the building at a human scale; (g) Provide a continuous
canopy of shade trees to provide comfort for pedestrians along I street frontages; ( Provide a
complete tree survey of exsting conditions including specis, dieterand spread including all trees in the
right-of-way; and (i) Design the building to, at minimum, a standard which meets and complies with a
Silver LEED certified building.
12) Pursuant to comments by the City of Miami Public Works Department, the following shall
be required of the applicant: (1) Bird Road - Coordination with the Florida Department of
Transportation to replace all broken and damaged sidewalk, curb and gutter adjacent to the project
will be required. (2) SW 37th Court - Replace all broken and damaged sidewalk on both ides of the
court. Construct new curb and gutter and pavement, in accordance with the Public Works standard.
Mill and resurface the driving lanes, full width, between Peacock Avenue and Bird Road. (3) SW 38th
Avenue - Replace all broken and damaged sidewalks, curb and gutter on both sides of the avenue
adjacent to the project site. Mill and resurface the driving lanes, full width, curb to curb, between
Peacock Avenue and Bird Road. (4) Peacock Avenue - Replace all broken and damaged sidewalks,
curb and gutter on both sides of the avenue adjacent to the project site. Mill and resurface the driving
lanes, full width, curb to curb, between SW 37th Court and SW 38th Avenue.
13) If the project is to be developed in phases, the Applicant shall submit an interim plan,
including a landscape plan, which addresses 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.
14) A development bonus to permit a mixed use of 58,354.14 square feet of floor area shall
require payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot =
$723,591.33.
15) 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.
City of Miami
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THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date of its issuance; the
issuance date shall constitute the commencement of the thirty (30) day period to appeal from the
provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of
Miami, and complies with local land development regulations and further, pursuant to Section 1703 of
the Zoning Ordinance:
(1) the PROJECT will have a favorable impact on the economy of the City; and
(2) the PROJECT will efficiently use public transportation facilities; and
(3) the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment; and
the PROJECT will efficiently use necessary public facilities; and
the PROJECT will not negatively impact the environment and natural resources of the
City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be mitigated through conditions of
this Major Use Special Permit.
(4)
(5)
The proposed development does not unreasonably interfere with the achievement of the
objectives of the adopted State Land Development Plan applicable to the City of Miami.
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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