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Legislation
Resolution
City Haii
3500 Pan American,
Drive
€vliami. FL 33133
www.rniarrigov.com
File Number: 06-01847mu Final Action Bate:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 5, 9, 13, AND 17 OF ZONING ORDINANCE NO. 11000, AS
AMENDED, FOR THE ONE PROJECT, TO BE LOCATED AT APPROXIMATELY
2340 SOUTHWEST 32ND AVENUE, 3224 SOUTHWEST 23RD STREET, 3232
SOUTHWEST 23RD STREET, 3209 SOUTHWEST 23RD TERRACE, AND 3219
SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA, TO CONSTRUCT A
MIXED -USE DEVELOPMENT RANGING IN HEIGHT FROM APPROXIMATELY 112
FEET TO 25 FEET; TO BE COMPRISED OF APPROXIMATELY 4 TOTAL
TOWNHOUSE RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES;
APPROXIMATELY 148,152 SQUARE FEET OF COMMERCIAL SPACE; AND
APPROXIMATELY 496 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 October 6, 2006, Gilberto Pastoriza, Esquire and Estreilita Sibila, Esquire, on
behalf of Miami Hotel Investments, Ltd. (referred to as "APPLICANT"), submitted a complete
Application for Major Use Special Permit for One Project (referred to as "PROJECT") pursuant to
Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately
2340 SW 32nd Avenue, 3224 SW 23rd Street, 3232 SW 23rd Street, 3209 SW 23rd Terrace, and
3219 SW 23rd Terrace, 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 Miamf,
Florida as amended; and
WHEREAS, the Large Scale Development Committee met on September 6, 2006 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on September 20, 2006, to consider the
proposed project and recommended APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on December 6, 2006 !tem
No. 3, following an advertised public hearing, adopted Resolution No. PAB 06-092 by a vote of six to
zero (6-0), recommending APPROVAL with conditions (excluding condition 11 d) 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 Miarrti
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File Number: 06-01847mu
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 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, located at approximately 2340 SW 32nd
Avenue. 3224 SW 23rd Street, 3232 SW 23rd Street, 3209 SW 23rd Terrace, and 3219 SW 23rd
Terrace, Miami. Florida, more particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of an approximate 112-feet to 25
-feet; to be comprised of approximately 4 residential units with recreational amenities; approximately
148, 152 square feet of commercial space; and approximately 496 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 proposed 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
() 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
properties;
(3) Buildings on corner lots Yes. *yes.
should be oriented to the corner
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Fi/e Number O6-01847mu
and public street fronts.
,(il) 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.
�Il!) 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
appropriately incorporated to
enhance the project.
City ofllicami
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(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.
(VII) Signage and Lighting:
(1) Design signage appropriate Yes. *Yes.
for the scale and character of
City of Miami
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File Number: 06-01847rnu
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.
(WI) 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 $40,000,000, and to employ approximately
277 workers during construction (FTE-Full Time Employees); The project will also result in the creation
of approximately 440 permanent new jobs (FTE) for building operations and will generate
approximately $390,962 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
City of Mizanai
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File Number: 06-01847rou
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 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 October 5..
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
Let it be known that pursuant to Articles 5, 9, 13 and 17 of Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the
City of Miurni
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Fite Number: 06-01847rnu
City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit
for One Project (hereinafter referred to as the "PROJECT") to be located at approximately 2340 SW
32nd Avenue, 3224 SW 23rd Street, 3232 SW 23rd Street, 3209 SW 23rd Terrace, and 3219 SW
23rd Terrace, 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:
The proposed PROJECT is a mixed use development to be located at approximately 2340 SW
32nd Avenue, 3224 SW 23rd Street, 3232 SW 23rd Street, 3209 SW 23rd Terrace, and 3219 SW
23rd Terrace, Miami, Florida. The PROJECT is located on a gross lot area of approximately 2.05±
acres and a net lot area of approximately 1.46± acres of land (more specifically described on "Exhibit
A", incorporated herein by reference). The remainder of the PROJECT's Data Sheet is attached and
incorporated as "Exhibit B".
The proposed PROJECT will be an approximate 112-feet to 25-feet; to be comprised of
approximately 4 residential units with recreational amenities; approximately 148, 152 square feet of
commercial space; and approximately 496 total parking spaces; providing for certain floor area ratio
("FAR") bonuses.
The Major Use Special Permit Application for the PROJECT also encompasses the following lower
ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701. Definition (8), and ARTICLE 9,
Section 914, Sub -Section 914.1 Dwelling unit, square footage, and off-street parking bonuses for
contribution to Affordable Housing Trust Fund; exceptions. to allow an increased up to seventeen (17)
percent of additional floor area as a development bonus of approximately 27,058.18 square feet, the
user shall make a non-refundable bonus developer contribution of an amount of $12.40 per square
feet equal to $ 335,521.43 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.
Section 502, PUD districts; minimum area, maximum densities and maximum floor area ratios
permitted (a)(c), to allow to 20% increase of floor area ratio, for an increase approximately 24,817.9
square feet of floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for any increased
development bonus pursuant to Section 914 of this ordinance;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -Section 917,14, Sub -Section
City of Miami
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917.14.1 Parking Lifts, Robotic and Mechanical parking systems, Enactment No. 12758, to allow a
mechanical, robotic, automated or parking lift system:
CLASS II SPECIAL PERMIT, as per ARTICLE 9. Section 923, Sub -Section 922.32. Sub -Section
922,32.1. Reduction in stall dimensions by Class II Special Permit; criteria and limitations on
reductions, to allow reduction in dimensions of three (3) loading berth dimensions as follow:
Required: Three (3) 12' wide x 35' long x 15' high
Propose to be reduced: Three (3) 10` wide x 20' long x 15' high
Propose to be provided: Three (3) 10' wide x 20' long x 15' high
Total to be proposed: Three (3) 10' wide x 20' long x 15' high
CLASS II SPECIAL PERMIT, as per ARTICLE 9. Section 917, Sub -Section 917.7.1. Reduction in
Parking Requirements for combinations of Commercial and office uses on the same premises, to allow
reduction to ten (10) percent of the total required spaces;
Required: 548 parking spaces.
Reduction: 496 parking space
Request of waived: 55 parking spaces
CLASS 11 SPECIAL PERMIT, as per Article 4 ZONING DISTRICTS, Section 401, to permit an
increased building footprint to six tenths (0.60) times the gross lot area;
CLASS II SPECIAL PERMIT. as per ARTICLE 9, Sub -section 908.2, for access from a public street
roadway with driveway greater than twenty five (25) feet in width;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512.Class 1€ Special Permit for Waiver of
Design Standard and Guidelines, Sub -Section 1512.1(b). Criteria to be considered in the granting of
waivers of design standard and guidelines, to request a waiver of Parking Guide and Standard, City of
Miami for reduction of required backup space for parking.
Required: 23 feet
Proposed: 22 feet
Request for waive: 1 feet
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Class II Special Permit required for
waived of design standard and guidelines to allow a waiver of City of Miami Off-street Parking Guides
and Standards requirement of one (1) additional foot in stall dimension where the side of any stall
abuts a wall, column, fence, building, or other physical obstruction, to allow the minimum stall width
dimension of 8`-6" from face of any obstruction to center line of the striping for approximately (4 %) of
496 parking spaces provided;
CLASS I 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;
City of _Ilium'
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CLASS ! 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 ceremonies;
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 groundbreaking
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;
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 10.6. Sub -Section 10.5.4.3 (1) C-1
Restricted Commercial District to allow temporary development sign;
Note: Commercial advertising shown on hearings plans are not part of this Major Use Special Permit
application for approval.
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;
(a) 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;
(b) And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity
of Title.
Pursuant to Articles 5, 9, 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 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 by Fullerton Diaz Architect, signed and dated September 26 and October 26, 2006,
the landscape plan shall be implemented substantially in accordance with plans and design
schematics on file prepared by URG, signed and dated October 2, 2006; said design and landscape
plans may be permitted to be modified only to the extent necessary to comply with the conditions for
Ciro= of Aliami
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approval imposed herein; ail modifications shall be subject to the review and approval of the Planning
Director prior to the issuance of any building permits.
The PROJECT conforms to the requirements of the proposed C-1 (Restricted Commercial) and R-
2 "Two -Family Residential" with an SD-12 "Buffer Overlay District" 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 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:
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
City of :Miami
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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
Class 1 and Class II Special Permits for which specific details have not yet been developed or
provided, the applicant shall provide the Planning Department with all subordinate Class I and Class II
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) 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.
11) Pursuant to design related comments received by the Planning Director, the applicant shall
meet the following conditions: (a) Revised the scheme of the project by not utilizing the maximum FAR
and/or configure the massing of the building to introduce step -backs that will reduce the height and
impact of this structure on the adjacent properties; (b) Provde anenhanced level of public benit and
amenities to the proposed mixed -use project; (c) Provide windows along the proposed blank walls and
when it is unfeasible, provide texture or other forms of treatment to help break down the massing of
these walls; (d) The amount and dimension of the curb cuts proposed are excessive and need to be
reduced.
12) Pursuant to comments by the City of Miami Public Works Department, the following
conditions shall be required of the applicant: (a) NW 23rd Street - Construct missing section of curb
and gutter adjacent to the site. Construct new pavement in missing parking lane and mill and resurface
entire width of existing pavement adjacent to the project site. Re -sod parkway and install new street
trees as approved by Public Works Department; (b) SW 32 Avenue - Replace all damaged sidewalk
curb and gutter adjacent to the project site. Due to narrow width of the sidewalk, street trees are not
permitted in the right-of-way; (c) SW 23 Terrace - Construct curb and gutter and paved parking lane in
accordance with City standards. Replace all damaged sidewalk and mill and resurface entire width of
roadway adjacent to the project site. Construction of planters "bulb -outs", if approved by the Public
Works Department, will require construction of improvements to the stormwater drainage system; (d)
In addition, pavement. restoration for all water and sewer extensions, existing damaged pavement and
pavement damaged during construction, as determined by the City inspector, shall include milling and
resurfacing of the full pavement width, curb to curb, along the entire length of the excavation and/or
damaged pavement area. A thorough cleaning of all stormwater drainage inlets and storm sewer pipes
adjacent to the building site shall be required at completion of the project. The streets and avenues
adjacent to the project site must be clear of dust and construction debris all at times. Construct A.D.A.
complaint handicap ramps at both street intersections.
13) Prior to the issuance of a building permit, the applicant shall submit a letter of approval of
City of Miami
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the proposed height from the Miami -Dade County Aviation Department. If no such approvals are
granted, the height of the proposed project shall be reduced to those heights referenced in the letter
from Miami -Dade Aviation to the Planning Department dated August 17, 2006.
14) A development bonus to permit a mixed use of 27,058.18 square feet of floor area shall
require a non-refundable payment to the Affordable Housing Trust Fund of an amount of $12.40 per
square foot for a total of $335,521.43.
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.
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
(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural resources of the
City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be mitigated through conditions of
this Major Use Special Permit.
The proposed development does not unreasonably interfere with the achievement of the objectives
of the adopted State Land Development Plan applicable to the City of Miami.
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami
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File Number: 05-01847mu
JORGE L. FERNANDEZ
CITY ATTORNEY
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:
City- of Miami
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