HomeMy WebLinkAboutPAB LegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan
American Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01847mu
Final Action Date:
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 PROJECT, TO BE LOCATED AT APPROXIMATELY 2340
SW 32 AVENUE, 3224 SW 23 STREET, 3232 SW 23 STREET, 3209 SW 23 TERRACE
AND 3219 SW 23 TERRACE, MIAMI, FLORIDA, TO CONSTRUCT AN
APPROXIMATE 112.5-FOOT, 25-STORY HIGH MIXED USE STRUCTURE 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; 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 October 6, 2006, Gilberto Pastoriza, Esquire and Estrellita
Sibilia, 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 Miami, 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 Item No. 3, 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
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File Number: 06-01847mu
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;
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
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
appropriately incorporated to
enhance the project.
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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
the project and immediate
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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 $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;
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(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 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 }
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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 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;
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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 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 II 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 II 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
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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;
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 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;
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(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 approval
imposed herein; all modifications shall be subject to the review and approval of the
Planning Director prior to the issuance of any building permits.
The PROJECT conforms to the requirements of the proposed 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.
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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 Class I 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) Provide an enhanced level of public benefit 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
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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 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
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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)
(2)
(3)
(4)
(5)
(6)
(7)
(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 will not negatively impact the environment and natural
resources of the City; and
the 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 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:
JORGE L. FERNANDEZ
CITY ATTORNEY
..Footnote
{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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