HomeMy WebLinkAboutPAB LegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan
American Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01243mu
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 OMNI DEVELOPMENT PROJECT, TO BE LOCATED AT APPROXIMATELY
1501-1701 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT A SIX
BUILDING MIXED USE DEVELOPMENT RANGING IN HEIGHT FROM 584 FEET TO
644 FEET TO BE COMPRISED OF APPROXIMATELY 4,208 TOTAL MULTIFAMILY
RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY
350,200 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 6,154 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 9, 2006, Javier F. Avino, Esquire, on behalf of Downtown
Miami Mall, LLC and Downtown Miami Hotel, LLC (referred to as "APPLICANT"),
submitted a complete Application for Major Use Special Permit for Omni Development
(referred to as "PROJECT") pursuant to Articles 13 and 17 of Zoning Ordinance
No. 11000, for the properties located at approximately 1501-1701 Biscayne Boulevard,
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 24, 2006 to
consider the proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on June 21, 2006, to
consider the proposed project and recommended APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on
September 20, 2006 Item No. 6, 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
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 as hereinafter set forth;
City of Miami
A'age 1 of 12 Printed On: 9/13/2006
F0eNumber: 06-01248mu
NOW, THEREFORE, BE|TRESOLVED BYTHE COMMISSION (]FTHE CITY
(}FML4M[FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this
Resolution are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. AMajor Use Special Permit Development Order, incorporated
vvithin, is approved subject to the conditions specified in the Development Order, per
Article 17ofZoning Ordinance No. 1100O.for the project tobedeveloped bvthe
Applicant, located atapproximately 1501-1701 Biscayne Bou|evmrd, Miami, Florida,
more particularly described 0n"Exhibit A."attached and incorporated.
Saction3. The PROJECT is approved for the construction of G six building
mixed use development ranging in height from 584feet to 844feet to be comprised of
approximately 4.208 total nnu|Ufanli|y residential units with recreational amenities;
approximately 350.200 square feet of retail space; and approximately 0.154 total parking
spaces.
Gection4. The Major UaeSpeoia|PennbAoo|ioationforfheProecta|oo
encompasses the lower ranking Special Permits as set forth in the Development Order.
Section5. The findings offact set forth below are made with respect hothe
subject PROJECT:
m. The PROJECT ioinconformity with the adopted Miami Comprehensive
Neighborhood Plan, as amended,
b. The F`|l{}JECT is in accord with the SD-6 (Central Connnneroio| Residential)
zoning classification of Zoning Ordinance No. 11000. the Zoning Ordinance of the City of
Mionni. Florida, as amended.
C. Pursuant to Section 1305.2 of the Zoning Ondinance, the specific site p|2O
aspects of the PROJECT that have been found by the City Commission (based upon
facts and reports prepared orsubmitted bystaff orothers) tnadhere tothe following
Design Review Criteria subject tothe any applicable conditions inthe Development
Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
|)Site and Urban P|onninq:
(1)Respond h]the physical Yes, *Yes.
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Yes. *Yes,
impact ofautomobile parking
and driveways onthe pedestrian
environment and adjacent
properties;
/3\ Buildings on corner lots Yes, *Yes.
should beoriented 0mthe corner
and public street fronts.
Ci�'oy'A/km/ Page Zpf/2 hivled0n 911312006
File Number 0D-0/243mo
U)ArchiAacture and Landscape Architecture:
(1)/\project shaUbedeoiSned Yes. *Yes.
b7comply with all applicable
landscape ordinances;
(2) Respond tnthe neighborhood Yes. ~Yes.
context; (3) Create a transition in bulk Yes. Yes.
and scale;
(4) Use architectural aty|ao Yes. *Yes.
and details (such aaroof lines
and fenestration), colors and
materials derivative from
surrounding area;
(5)Artiou)mte the building facade Yes. *Yes.
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
U|)Pedestrian Oriented Development:
M\Promote pedestrian Yes. *Yes.
interaction;
(2) Design fmcoces that Yes. *Yes.
respond primarily1Dthe
human scale;
/20 Provide active. not blank Yen. *Yes.
facades. Where blank walls
are unavoidable, they should
receive design treatment.
IV) Streetscape and Open Space:
(1) Provide usable open space Yes. *Yes.
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(3) Landscaping, including plant Yes. *Yes.
material, trellises, special
pavennents, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
V)Vehicular Access and Paddnq:
U\Design for pedestrian and Yee. *Yes.
Page jg(/2 p,inte4Qn.- 911312000
File Number 0h-01243mu
vehicular safety to minimize
conflict points;
CZ\ Minimize the number and Yee. *Yes.
width 0fdriveways and curb
outs;
(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.
V|) Screening:
M\Provide |gndsCaiDgthat Yes. *Yes.
screen undesirable a|ements,
such agsurface parking lots,
and that enhances space and
architecture;
(3) Building sites should locate Yes. *Yes.
service elements like trash
dunnpoter. loading docks, and
mechanical equipment away
from street front where possible.
When elements such ao
dUnnp8ters, utility nneterG,
mechanical units and service
areas cannot belocated away
from the street front they should
besituated and screened from
view tostreet and adjacent
properties;
(3)Screen parking garage Yea. *Yes.
structures with program uses.
Where program uses are not
feasible soften the garage
structure with trellises,
landscaping, and/or other
suitable design element,
VU\SiqDGqe aOdLiQhtiDq:
M>Design aignageapprophmhe Yes. *Yes,
for the scale and character of
the project and immediate
neighborhood;
/2\ Provide lighting ana design Yee. *Yes.
feature hothe building facade,
onand around landscape
File Number 06'01243nm
oreao, special building or
site features, and/or ni na0e;
(3)Orient outside lighting to Yes. *Yes.
minimize glare toadjacent
properties;
/4\ Provide visible signage Yes. *Yes.
identifying building addresses
at the entrance(s) as o
functional and aesthetic
consideration.
VU|\ Preservation of Natural Features:
(1)PreGe[Ve existing vegetation Yes. *Yes.
and/or geological features
whenever possible.
IX) Modification of Nonconformities:
(1)For modifications of Yee. *Yes.
nonconforming structures,
noincrease inthe degree of
nonconformity shall be
allowed;
(2) Modifications that conform Yes. *Yes.
hocurrent regulations shall be
designed toconform tothe scale
and context ofthe nonconforming
structure.
*Compliance is subject to conditions.
These findings have been made bvthe City Commission Uoapprove this projectvvhh
conditions.
d. The PROJECT isexpected hacost approximately $1.38O.00O.00D.and Uz
employ approximately 1,374 workers during construction (FTE-Full Time Employees);
The projectvviUm|eoreau|tinthecremdonofapproxinnata1y4SOpernnanentnewjoba
(FTE) for building operations and will generate approximately $9,651,076 annually in tax
revenues tothe City (2OOOdoUore).
e. The City Commission further finds that:
U\ the PROJECT will have mfavorable impact onthe economy ofthe
CU-'.m�
(2) the PROJECT will efficiently use public tronsportationfooi|bhaa�
(3) any potentially adverse effects 0fthe PROJECT will bmmitigated
through compliance with the conditions ofthis Major Uae8paoia|Perrnit;
/4> the PROJECT will favorably affect the need for people tofind
adequate housing reasonably accessible tntheir places of employment-,
(5) the PROJECT will efficiently use necessary public facilities;
Cio'v/8/iam/ Page J9//2 Printed On 911312006
File Number: 06-01243mu
(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 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 June 9, 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.
Section 14. This Resolution shall become effective immediately upon its
adoption and signature of the Mayor. {1}
DEVELOPMENT ORDER
City qf Miami
Page 6 6112 Printed On: 9/13/2006
File Number 0§+}1243mu
Let dbeknown that pursuant hoArticles 13and 17ofOrdinance No. 11000.the
Zoning Ordinance of the City of K8ianoi. Florida, as amended (the ''Zoning Ordinance"),
the Commission of the City of K8ianoi. Florida, has considered in a public heahng, the
issuance of Major Use Special Permit for Omni Development, (hereinafter referred to
G8the ^PR[)JECT^)\o be located at approximately 1501-1701 Biscayne Boulevard,
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 Vfthe consistency of this proposed development with the
Miami Comprehensive Neighborhood Plan, the City Commission has approved the
PROJECT, and subject tothe following conditions approves the Major Use Special
Permit and issues this Permit:
FINDINGS (]FFACT
PROJECT DESCRIPTION:
The proposed PROJECT is o mixed use development to be located at
approximately 1501-1701 Biscayne Bou|evand, M\onni, Florida. The PROJECT is located
on a gross lot area of approximately 16.49± acres and a net lot area of approximately
11.533± ecnao of land (nnona specifically described on "Exhibit A", incorporated herein by
reference). The remainder Vf the PRUJECT`sData Sheet is attached and incorporated
as "Exhibit B".
The proposed PROJECT will be asix building mixed use development ranging in
height from 584feet toO44feet tobecomprised of approximately 4.2O8total multifamily
residential units with recreational amenities; mpproximnote|y35O.2O0 square feet of retail
space; and approximately 8.154total parking spaces.
The Major UmsSim|PonnhAooicationforthePF<[�]ECTa|aoencornpasseo
the following lower ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERK8|T, as per Article 17, Section 1701. Definition M\, for
residential development involving in excess of two hundred (200) units;
MAJOR USE SPECIAL PERMIT, amper Article 17. Section 1701. Definition i2>.for
non-residential uses involving inexcess oftwo hundred thousand /200.000equare
feet) cffloor area;
MAJOR USE SPECIAL PERM|T, as per Article 17. Section 1701. Definition (7), to
allow any single use or combination of uses requiring or proposing to provide in
excess of five hundred (500) off-street parking spaces;
CLASS USPECIAL PERMITS
File Number 00-01243nm
CLASS U SPECIAL PERK8|T, as per Article 0. Section 600.8.1. to mUovv erection m
new building in SD-6 Central Commercial -Residential district;
CLASS || SPECIAL PERyN|T, as per Article O. Section 606. Sub -Section 600.8.3
[)pen space and residential recreational apace, to allow residential naoneadonm|
space conforming to "The City of W1imnni Design Guides and Standards for [}pen
Space and Residential Recreational 8paoe^;
CLASS I SPECIAL PERMIT, aoper Article D. Section SO7.2Open Space and Green
Space requirements; modifications as to location by Special Permit with contribution
to trust fund. Sub -Section 907.2.2.1. [)pen Space requirements for all zoning districts
shall be provided as set forth within this ordinance except as foUovvo, to oUovv
approximate|y7.0O4.5O 8F of Open Space area required to be relocated or waived
by making m non-refundable developer contribution of $ 50.00 per square foot of
approximately $35O.228.00tothe Parks and (}pen Space Trust Fund administered
by the City of K0iarni as set forth in Chapter 62 of the City Code, as amended;
CLASS | SPECIAL PERMITS
CLASS | SPECIAL PEKK8|T, as per. Article S. Section 927. Temporary structures,
0cCupanCies, and uses during oonstruct)un, criteria for special pernnits, to allow
temporary atruotures, oocupanoies, and uses reasonably necessary for construction
such as construction fence, covered vvo|kvvay and if encroaching public property
must beapproved byother city departments;
CL/\G8 | SPECIAL PERM|T, as per. Article 0. Section 905' Sub -Section 900.9.
Temporary special events; special permits; ohterim, to aUnvv temporary oarniva|,
festiva|, fair or similar type event on privately owned or City -owned land such as n
ground breaking ceremonies;
CLASS | SPECIAL PERMIT, as per. Article 8, Section 916. Sub -Section 916.2.1.
Temporary special event porking, to allow parking for temporary special event such
mmgroundbreaking ceremonies, -
CLASS | SPECIAL PEF<yW|T, as per, Article S. Section 918, Sub -Section 818.2.
Temporary off-street offsite parking for construction urevvn, chteha, to allow
temporary off-street offsite parking for construction crews working on a commercial -
residential project underconatruction;
CLASS | SPECIAL PERMIT, 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 honnes, 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 10.8. Sub -Section 10.0.3.0
(3) SD-6 Central Commercial -Residential District to allow temporary development
Cry ql'Aliam/
File Number 00-01243mu
REQUEST, for waiver OfChapter 36 Noiae, Section 36-8 Construction Equipment (m)
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 toSection 80-O(c)and all the applicable criteria;
REQUEST to be qualified as a phased project by the Director of the Planning
Department.
REQUEST for applicable MAJOR USE SPECIAL PERNl|T, that the following conditions
be required at the time of issuance of Shell Permit instead of at issuance of Foundation
a) The requirement to record in the Public Records a Declaration of Covenants
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 hoArticles 15and 17ofZoning Ordinance 11OOD.approval ofthe
requested Major Uoe Special Permit shall beconsidered sufficient for the subordinate
permits requested and referenced above as well as any other special approvals required
bythe City which may berequired tncarry out the requested plans.
The PROJECT shall be constructed substantially in accordance with plans and
design schematics onfile prepared by/\nquitectonicm.signed and dated June 22.2OOO;
the landscape plan shall be implemented substantially in accordance with plans and
design schematics on file prepared by Kimley-Horn & Associates, signed and dated
June22. 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 besubject tothe review and approval Vf the Planning Director prior tw
the issuance of any building pernnits.
The PROJECT conforms to the requirements ofthe proposed SD-6 (Central
Commercial Residential) zoning c|mooU5oction, an contained in the Zoning Ordinance, the
Zoning Ordinance of the City of Miami, Florida, as mnoended. The proposed
comprehensive plan future land use designation on the subject property allows the
proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY {}R
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 tnthe issuance of abuilding permit.
City of Mialni
File Numbor06-012431nu
3) Allow the Miami Police Department to conduct a security sunxay, at the option
of the Department, and k>make recommendations concerning security measures and
systems; further submit o report to the Planning Oepartnnent, prior to commencement of
construction, demonstrating how the Police Department naconnnnendatione, 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 fronn, or provide a letter from the Department of Fire -Rescue
indicating APPLICANT'S coordination with members of the Fire Plan Review Section at
the Department of Fire -Rescue in the review of the scope of the PROJECT, owner
reaponeibi|ity, building development process and review procedures, as well as specific
requirements for fire protection and life safety oyetenno, exiting, vehicular access and
water supply.
4\ Obtain approval from, or provide a letter ofassurance from the Department of
Solid Waste that the PROJECT has addressed all concerns of the said Department prior
tmthe obtainment ofashell permit.
5\ Comply with the Minority Participation and Ennn|oynnerd 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 ofthe Chx'oMinority/Women BuainessAffminu
and Procurement Program aoaguide.
EA Record the following in the Public Records of Dade {}ounb/. Florida, prior to
the issuance of Temporary Certificate of Occupancy or Certificate of Occupancy, m
Declaration ofCovenants and Restrictions providing that the ownership, operation and
maintenance of all common areas and facilities will be by the property owner or a
mandatory property owner association inperpetuity.
7> Prior to the issuance of a shell pemnh. 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.
EA Provide the Planning Department with m temporary construction plan that
includes the following: a temporary construction parking p|an, with an enforcement
policy; a construction noise management plan with an enforcement policy; and
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 tomsuspension orrevocation ofthis Major UseSpecia|PernniL
9>|nsofar aathis Major Use8pecia|Pennhindudesthesubordinmteapprove|of
a 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 of each one prior to the issuance of any of the subordinate approvals required
inorder tocarry out any of the requested activities and/or improvements listed inthis
development order orcaptioned inthe plans approved byiL
City of,mium/
File NVmbncO8-01243nw
1[AIfthe project istobedeve|ooedinphooes.thmAon|ioartshaUsubmdan
interim p|on, including a landscape p|an, which addresses design details for the land
occupying future phases of this Project inthe event that the future phases are not
developed, said plan shall include aproposed timetable and shall besubject to review
and approval by the Planning Director.
1 1) Pursuant to design related Con1MOentS received by the Planning Director, the
applicant shall meet the following conditions: /a>Develop "Site 3^aoamagnetic
entrance for Metronl0ver passengers. Provide m public o|azo, caf6, or other pedestrian
amenity that directly engages the Metromover station and will draw pedestrians into the
project; (b) Reduce parking to the rnininnunn required for this site or consider taking
advantage of Zoning Code Section 000.10.2.0vvhiuh aUovva a 10 percent reduction in the
,nininnunn required parking for any building within SOOfeet of K8etrorai| orMetnonnover
stop; (c) Provide at least on level of underground pmrhinQ, off -site pmrkin0, or robotic
parking to alleviate the verticality of the parking garage; (d) The pedestrian aidavva|h
realm shall remain G1@consistent height throughout. Vehicles shall rise tothe sidewalk
level with ramping beginning at the outer edge of the curb, with the ramp slope being the
nnawimnunn m||ovved by Public Works; (e) Refer to the CRA Streetooape study and
coordinate all landscape, hGrdscgpe. lighting and pedestrian amenities with this plan.
12) Pursuant to comments by the City of Miami Public Works Depertment, the
following conditions shall be required of the applicant: (a) Biscayne Boulevard —
Coordinate with the Florida Department of Transportation the replacement of any
damaged sidevva|k, curb and gutter. City of Miami Zoning Ordinance Section 806.3 2 (3)
(e) requires that improvements "along Biscayne Boulevard shall conform to the adopted
design plan for Biscayne Boulevard". Verify with the C|ib/'s Planning Department and
Capital Improvements/Transportation Office the required etreatacope innprovernento,
including decorative sidewalk and landscaping, for Biscayne Boulevard; (b) NE 15m
Street— Replace all damaged sidevva|k, curb and gutter on the north side of the street
adjacent to the project site. Mill and resurface the entire xvidth, curb to curb, between
Biscayne Boulevard and North Bmyohone Drive; (o) NE 17 Terrace — Replace all
damaged oidevvo|k, curb and gutter on both aides of the terrace. Mill and resurface the
entire vv)dth, curb to curb, between Biscayne Boulevard and North Baynhone Drive.
Coordinate these improvements with the Opera Tower projects. Re -sod damaged
parkway and replace missing and/or damaged trees; (d) North Bayohore Drive- Replace
all damaged aidevvo|h, curb and gutter and any damaged median curb adjacent to the
project site. Mill and resurface the full width of the south bound driving lanes. Re -sod
dmnnm0ed parkway and median and replace missing ordamaged trees. Caution: protect
existing median irrigation system and repair any damage caused to irrigation system.
The proposed trmMio circle must comply with the traffic requirements of the Qty's Capital
Improvements/Transportation Office and the Miami -Dade County Public Works
Department,
13) Prior to the issuance of a building permit, the applicant shall submit a letter of
approval of the proposed height from the Miami -Dade County Aviation Department. If no
such approvals are granted, the height ofthe proposed project ahmUbmpeducedtothose
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated May 4'20O8.
File Number 00+J1243mu
14) Within SO days of the effective dab* of this Development [>rder, record a
certified copy of the Development Order specifying that the Development Order runs
with the land and is binding on the Applicant, its ouooeosoro, and aaoigno, jointly or
severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date
ofits issuance; the issuance date shall constitute the commencement ofthe thirty(3O)
day period toappeal from the provisions nfthe Permit.
CONCLUSIONS [)FLAW
The PROJECT, proposed by the APPLICANT,complies with the Miami
Comprehensive Neighborhood P|mn, as annended, is consistent with the orderly
development and goals of the City of yWiami, and complies with |ucm| land development
regulations and further, pursuant t0Section 17O3ofthe Zoning Ordinance:
(1) the PROJECT will have ofavorable impact onthe economy of the City;
and
(2) the PROJECT will efficiently use public transportation facilities; and
/3A the PROJECT will favorably affect the need for people tofind adequate
housing reasonably accessible totheir places ofemployment; and
(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural
resources ofthe City; and
(8) 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 0fthe PROJECT will bemitigated through
conditions of this Major Use Special Permit.
The proposed development does not unreasonably interfere with the
achievement of the objectives ofthe adopted State Land Development Plan applicable
to the City of Miami,
APPROVED AS TO FORM AND CORRECTNESS:
JORGE LFEFlNANDEZ
CITY ATTORNEY
..Footnote
/1l If the Mayor does not sign this Resn|udon, it shall become effective at the end often
calendar days from the date it was passed and adopted. If the Mayor vetoes this
Hemo|uhon, it shall become effective immediately upon override of the veto by the City
Commission.
Page 12 of 12 Printed On,- 911312006