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HomeMy WebLinkAboutPAB AnalysisANALYSIS MAJOR USE SPECIAL PERMIT for 300GROVE BAY RESIDENCES located atapproximately 3663 South K8ienni Avenue LEGISTAR FILE ID: 06-01060mu Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of K8imnni. Florida, the subject proposal for the 300 Grove Bay Residences project, |ooGUad o1ap- proxinnate|y 5863 South Miami Avenue, K8iarni. Florida, has been reviewed to mUVvv a Major Use Special Permit per Articles 5, 8. 13 and 17, to construct an a three building mixed use development ranging in height from approximately 304 feet to 411 feet to be comprised of approximately 300 total multifamily residential units with recreational amenities; and approximately 042total parking spaces; providing for certain floor area ratio ("FAR") bonuses. This Permit also includes the following requests: MAJOR USE SPECIAL PERMITS MAJOR USE SPECIAL PERMIT, msper Article 17. Section 1701. Definition (9)ond Article 5, Sect. 502. PU[} districts; nnininlunn area, nnaxinnurn densities and nnoxirnunn floor area ratios permitted /a>(c), to oUovv up to 20 Y6 increase of floor area ratio, for an increase of approximately 171,433 square feet of floor area; MAJOR USE SPECIAL PERMIT, aoper Article 17. Section 1701. Definition (8)and Article S. Section 914. Sub -Section 914.1 Dwelling unit, square foctage, and off- street parking bonuses for contribution to Affordable Housing Trust Fund; excep- dons, to mUovv an increase up to twenty (25) percent of additional floor area as a de- velopment bonus of approximately 214.293 square feet, the user shall make m non- refundable bonus developer contribution of an @nlOuOt Of $2.657.220.80t0 the Af- fordable Housing Trust Fund administered by the City of Miami; The Major Use Special Permit encompasses the following Special Permits and the additional requests: CLASS USPECIAL PERMITS CLASS || SPECIAL PERMIT, moper Article 9. Geotion923. Sub-SectionS23.2. Sub - Section 823.2.1. Reduction in stall dimensions by Class || Special Permit; criteria and |innhaUono on neductions, to allow reduction of two (2) loading berth dimensions as follows: Request tobereduced Proposed Total Proposed Two (2)12feet wide x55feet long x15feet high Two (2) 12 feet wide x 35 feet long x 15 feet high Six (6) 12 feet wide x 35 feet long x 15 feet high CLASS | SPECIAL PERMITS CLASS | SPECIAL PERMIT, as per Article 9. Section 827. Temporary structureD, nccupancies, and uses during oonetruction, criteria for special pennita, to allow tenn- OG-U1OGOmu Page of ponary structures, occupmnnias, and uoaa reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must beapproved byother city departments; CLASS | SPECIAL PERMIT, aaper Article S. SeodonSO0. Sub -Section SO0.8.Tem- porary special events; special permits; criteha, to allow temporary cGnniva|, festiva|, fair orsimilar type event on privately owned or City -owned land such as a ground breaking ceremony; CLASS | SPECIAL PER[N|T, as per Article S. Section 916. Sub -Section 916.21. Temporary special evert parking, to allow pandm0 for temporary special event such as ground breaking ceremonies; CLASS | SPECIAL PERMIT, @yper Article 8. Section 918. Sub -Section S182.Tem- porary off-street offsite parking for construction crevvs, chteha, to allow temporary off-street offsite parking for construction crews working on o residential project under construction; CLASS | SPECIAL PERK8|T, as per Article S. Section 020. Sub -Section 820.1.2. Limitations on occupancy of mobile hOnleS, to allow parking of mobile hVnnes, trail- ers or manufactured hornes, when authorized for security or other purposes in con- nection with land development such as construction trailer(s) and other temporary construction oMioaa such as watchman's quarters, leasing and sales centers; CLASS | SPECIAL PERM|T, as per Article 10. Section 10.5, Sub -Section 10.5.4.3, R-4 Multifamily High -Density Residential, Temporary Signs (3), to allow temporary development signs; RE(JUE8T, for waiver of Chapter 36 Noima, Section 56-6 Construction Equipment (o) permitting the operation of construction equipment exceeding the sound level of read- ing ufO.7Sweighted average d0/\ at any time and/or day subject to the City Manager Exception pursuant toSection 3O-O(c) and all the applicable criteria; REQUEST for applicable PHASED PROJECT, subject to qualifications by the Director of the Planning Department, at the written request of the property owner (s) REQUEST for applicable K8USP conditions to be satisfied at the time of Shell Permit instead of at issuance of Foundation Permit: a)The requirement UJrecord inthe Public Records a 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; and NThe requirement tmrecord inthe Public Records munity oftitle orcovenant in lieu Of unity of title. Pursuant t0Articles 5.S.13and 17mf Zoning Ordinance 11000.approval ofthe requested Major UseQpecio|PerrnitohmUbeoonsideredsuMicientfortheoubordinahe permits requested and referenced above as well as any other special approvals required bythe City which may berequired to carry out the requested plans. O6-01060mu Page 2cfQ In determining the appropriateness of the proposed project, the Planning Department has referred this project to the Large Scale Development Committee <LS[]C1 and the Planning Internal Dmm|gm Review Committee for additional input and recommendations; the following findings have been made: It is found that the proposed development project will benefit the area by creating additional residential opportunities in the Northeast Coconut Grove NET District, located off of South Miami Avenue on the Mercy Hospital property. It is found that the subject property is located in the "Mercy Hospital" plat within the Viscaya neighborhood of the City. It is found that pursuant to the Zoning Ordinance of the City of yNianni. Florida, the existing zoning designation for the property is G/I "Government and Institutional" and the proposed zoning designation is R-4"Multifamily High -Density F<esidentia|" (see companion File /DO{-0/00Ozd It is found that pursuant to the Comprehensive Neighborhood Man of the City of K8ianni. Florida, the existing Future Land Use category for the property is "Major Institutional Public Facilities, Transportation and Utilities" and the proposed Future Land Use category is"HiOh-DensityMultifamily Residenhm|^ (see companion File 8D � It is found that the proposed project is currently located within the same land of the Mercy Hospital W1U8P under Resolution No. 83-608. adopted on September 27, 1983. Applicant shall obtain approval of such K8U8P non -substantial modification application prior toapproval nf thia&4U8P application. w It is found that there is no existing Development ofRegional Impact ([}F<|) on the subject pnopertv, but a binding letter exists that essentially vests many of the older buildings from being calculated within the 0R| thresholds, Therefore there is no DR| tobeamended. It is found that the proposed project is not located along a Primary Pedestrian m It is found that the proposed project is located within an Archeological Conservation area. 9 |tiafound that the proposed project io|ocaUedinFEMAF|oodZune "4E'13^ It is found that the proposed residential density of the project (300 units at 45 units per acre) is well below the maximum 1.008 units (150 units per acre) on the 672± net acre site. |tiofound that the unit breakdown ineach ofthe buildings ieapproximately 12Ounits It is found that the total allowable combined floor area without bonuses for the 11.44± gross acre site at a Floor Area Ratio (FAR) of 1.72 is 857.107 square feet. The project as proposed is requesting a bonus of2O% PU[} (171.453 sq. ft.) and O6-0100mu Page 3ofS 25Y6Affordable Housing Trust Fund (214.292 sq. ft]for atotal proposed FAR of 1,200,000 square feet out of an allowable 1,242,892 square feet. It in found that pursuant hoArticle S. Section 914. the proposed project is requesting a development bonus of 214,292 square feet of additional floor area, and shall make a non-refundable bonus developer contribution to the Affordable Housing Trust Fund at amount of $12.40 per square foot for a total of $2,657,220.80. w It is found that the rnmxinnunn height of the proposed structures are approximately 411 feet. 37 stories (Tower 1\. 368 feet. 32 stories (Tower 2\. and 304 feet. 27 stories (Tower 3). Pursuant to Article 4, Section 401, as the proposed location of the proposed project (not abutting a ri0ht'of+w8y)within the R-4zonin0 district does not require a height |inniL It is found that the proposed open apmms for the project (75.000 mqumna fee is above the nnininnunn required open space (74.753 square hae{ at 15% G|4) for this It is found that the proposed total number ofparking spaces /apprVxinnahe|yO42> for the project is above the required minimum number of 630 parking spaces. It is found that the location of the proposed project is currently m 000-space employee parking lot for Mercy Hospital that will be eliminated. There are also 189 parking spaces elsewhere on the hospital property that will be eliminated for the site of a new parking garage for @ total of7Q5 eliminated parking spaces. Mercy Hospital has a pending Class || Special Permit for g81O-spgce parking 0grG0e to replace all the existing parking affected for the proposed project, vvhichneedatobeconstructed prior to issuance of any construction permit of the subject proposed project; meaning the parking structure oheU be constructed first to onoVmnnodmte the parking previously required for Mercy Hospital. * |tiofound that the existinghe|iDad onthe proposed site iatVberemoved and will not be replaced by Mercy Hospital. w It is found that the narrow private road on the southerly and of the Mercy HVaoha| complex serves as both a Miami -Dade Transit (W1OT) bus route and an emergency hospital entrance, It is found that the project is expected to Cost approximately $548.326.985. and to employ approximately 25Oworkers during construction (FTE-FullTinoe Employees); The project will also result in the creation of approximately 100 permanent new jobs (FTE) for building operations and will generate approximately $5.024.3O7annually in tax revenues tothe City (20O8doUmro). |tiafound that the proposed project was reviewed by the Internal Design Review Committee on /\ph| 4. 2006 and the following pertinent comments were made: Zoning — (a) The change of zoning of this property from G/| to H-4, combined additional FAR gained from bay frontage and adjacent r0ads, results in a project density that is inappropriate for the existing conditions of this area, The FAR bonuses in the application further exacerbate this situation. The Planning Department hye|o that this project is out of scale with the area, and that if the applicant chooses to rezone the property, it should be to a land use that is consistent O6'O1OSUmu Page 4ofQ with the acUamard neighborhond, which is R-1 zoning; (b) Please indicate how this project ne|oUas to the Mercy Hospital Master Plan; (c) Contact the Zoning Department to confirm the use ofPerimeter Road Area in the FAR calculations for this project; (d) It is critical that the applicant conduct a traffic study and meet with Mary Conway, Transportation Director for the City of Miami regarding traffic circulation and access tothe site. She may becontacted ot3O5-416-1027" Urban Design — (G) The north and west facades of the parking base front the Perimeter Road with mhwo-atory blank wall, which is an unacceptable pedestrian environment; (b) The committee appreciates the integration of bayvxo|k into the site plan of this project. Ensure public access to this beyvva|k. Furthernnmne, provide section details of the boyvva|h with dimensions. Consider referring to the City of Miami Boyvva|k/Rivmnwa|k Design Guidelines for ideas on further developing this area; Architecture — (a) Please include a dear indication of what type of materials are being proposed for all four elevations of the bui|ding, including vvindovva, balconies, and garage screening materials. This information can be submitted as o labeled color rendering. Material samples and precedent photographs are encouraged; (b) Provide additional details of all garage entrances and openin0s, including screening nnoturia|a, and entrance dimensions; (c) Provide elevation drawing detai|a, showing all of the building's elevations at the street |eve|, at a scale no less than 1/8''=1', in order for the committee to review the building's impact on the pedestrian realm. In particu|ar, present the north and western facades of the parking baoe, and provide enlarged elevation details of the public bayvva|k. The Planning Department's review resulted in design modifications that were then recommended for approval tothe Planning Director. It is found that on Anh| 28. 2000. the City of Miami Public Works Department provided a review of the project and commented that (1) Platting is required to create new divisions of Tracts ^A^ and ''C" of the Mercy Hospital subdivision. The proposed new tract shall access to and frontage on the private road. Platting is G long lead time procedure and the Public Works Department neoonnnnondo an early investigation into this process; (2) South Boyohore Drive/South Miami Avenue is scenic transportation oorridor, is o Miami -Dade County maintained roadvvmy, and expansion and redevelopment of this corridor is strictly regulated by the Florida Statutes; (3) The narrow private road on the southerly end of the Mercy Hospital complex serves as both a Miami -Dade Transit (MDT) bus route and an emergency hospital entrance. The traffic circulation plan for this development must consider the limited access to the proposed development site and the ungainly intersection of the private rood at South Boyshnna Drive/South Miami Avenue; and (4) The Public Works Department strongly neoonnnnendo that the traffic engineer consults with the City'aCapital Improvement/Transportation Office, Miami -Dade County Public Works Department and the Natunnm Manor/Bay Heights Homeowner's Associations concerning traffic impacts caused by the proposed project and the relocated Mercy Hospital traffic onthe local neighborhood streets. It is found that on K8ay2. 2006. the Miami -Dade Aviation Department provided a Height Analysis review ofthe proposed project and found that it conforms to the Miami -Dade County Height Zoning Ordinances at that |ncah0n. In Gddihon, the analysis indicates that the structure may impact the Terminal Instrument Procedures (TERPS) for Departure and Approach on some of the runways at Miami International Airport /K8|A\. Any proposed construction exceeding 200 feet requires the applicant to file with the Federal Aviation Administration (FAA) Form 74O0-1. "Notice of ConstructionPropoo�Construction Alteration for Determination of Known Hazards". In addition, OO'01O8Omu Page 5ufQ construction cranes for this project exceeding 200feet in height must be filed using the same form. � It is found that KAi@nni-Ogde Public Schools provided 3 preliminary review of the proposed project on May 5, 2008. The student population generated by this development is estimated at 171 students. The schools serving this area of application are Coconut Grove Elementary (78students) — 12096 Florida Inventory School Houses (FISH) Capacity with the proposed project; Ponoede Leon Middle (43 studentS)— 10196 FISH; and Coral Gables Senior High /5Ostudents) —13196 FISH. Pursuant tOthe |nter|oC@|/\gneenDent. Coconut Grove Elementary and Coral Gables Senior High meet the review threshold of11596. * It is found that the Large Scale Development Committee reviewed the project on May 17. 2008 to address the expressed technical nmnoenne raised at said Large Scale Development Committee meeting. � |tiofound that the proposed project xv8S[8vi8vvedfO[deSigD@pp[Oph8teOeGsh»the [][baD Development Review Board on May 17, 2006` which recommended Approval (U[}RBRee0. 5-17-O0-7) with conditions. * It is found that the proposed project was reviewed by the Historic and Environmental Preservation Board (NEPB) on June 6. 2008. which approved (HEPB 2006-54) a Certificate of Appropriateness for gFDUOd disturbing activity \DVO|ViOO new construction within an Archaeological Conservation Area subject to the following conditions: (1) Submit nl0Dth|y reports to the City of Miami during any @nChe0|OgiC@| testing and monitoring activities to document the results Vfany finds; (2) Submit two (2)final reports to the City OfMiami within SOdays Ofcompletion Dfthe archeological investigations and monitoring; /3\ Submit adetailed archeological management or nnidgobun plan to the City of Miami prior to the commencement of any further archeological investigations or construction activities if significant archeological OOGte[i@} is identified; (4) The app[nV@| of the application shall in OO way be construed as an endorsement by the Historic and Environmental Preservation Board (HEPB) of the 8ctUg| project. It is found that on June 7. 2008. the Citv's Traffic ConeUltant, UR@ Corp., provided a review (JVC). #159) of the Traffic Impact Analysis submitted by the applicant and has found the traffic analysis sufficient. UF|S commented that the applicant secure approval from the appropriate local agencies for all the proposed modifications and iDlp[OVeDlentS which include the following: (1) |OstG|| G new t[@fDC signal at the intersection ofHa|iesee Street (Mercy Hospital emergency access road) and South Miami Avenue (South BaVghVFe Drive). The applicant will need to coordinate with the Miami -Dade County Public Works Department on the traffic signal. Add a southwest bound left turn lane on South Miami Avenue. Realign northeast bound through lane. The applicant also needs to coordinate with the County and the City on the future project for the [ecoO8t[UCtiOO Of South BGysh0Fe [}rive, the segment fromfromDarwin Street to Mercy Way; /2\ SW17 mAvenue—Add e right turn arrow to the existing traffic signal and modify ei0no| timing; (3) East Fairview — Add existing traffic signal to coordinated signal system; (4) Mercy VVgy — Re -stripe existing northbound right turn lane for left and right turns; /5\AddidVOa||V. the Class || permit for the proposed Mercy Hospital parking garage, the structure to replace the surface parking lot at the (SFoVe Bay site, will need to be approved before this p[ ject's Development Order isfinalized. 06-0100mu Page 8nf8 It is found that the proposed projectvvmo reviewed by the Miami Zoning Board on September 11, 2006. Item No. 3, for a Change of Zoning from G/I "Government and Institutional" to R-4 "Multifamily High -Density Reoidanda|^, in which the Board recommended DENIAL passed (Flaoo. ZB-06-1222) by a vote of five to two (5-2). which requires City Commission approval (see companion File ID 06-01060zc) It is found that with respect to all additional criteria as specified in Section 13052 of Zoning Ordinance 11000. the proposal has been found to adhere tothe following Design Review Criteria: U\ Site and Urban Planning; (2) Architecture and Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and [)pen Space; (5) Vehicular /\uceao and Parking; (8) Screening; (7) Signmge and lighting; /8> Preservation of Natural Features; and (Q) Modification of Based on these findings' the Planning Department is recommending approval of the requested Development Project with the following conditions: 1> Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior tothe issuance ofobuilding permit including the required Affordable Housing Trust fund contribution of $12.40per square foot for any applicable FAR increase sought under those provisions. 2>Allow the Miami Police Department to conduct o security sun*y, at the option of the Department, and to make recommendations concerning security measures and systems; further submit o report to the Planning Departnnent, prior to commencement of conatruction, demonstrating how the Police Department nacornnnendadons, 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 Fine Plan Review Section at the Department ofFire-Rescue inthe review ofthe scope ofthe PROJECT, owner re- oponsibi|ity. building development process and review procedures, aswell asspecific requirements for fire protection and life safety systems, exidnQ, 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 cf the said Department prior tothe obtainment ofashell permit. 5) Comply with the Minority Participation and Employment Plan (including a Con- tractor/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 fo||Vxv the provisions of the City's Minority/Women Business Affairs and Procurement Program aamguide. G\ 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 ofCovenants and Restrictions providing that the ownership, operation and U6-0100mu Page 7cfS maintenance of all common areas and facilities will be by the property owner or a man- datory property owner association in perpetuity. 7) Prior to the issuance of shell permit, provide the City with a recorded copy of the yWUSP permit resolution and development order, and further, on executad, 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 in- cludes the following: a temporary construction parking p|mn, with on enforcement policy; a construction noise management plan with an enforcement policy; and a maintenance plan for the temporary construction site; said plan shall besubject to the review and ap- proval 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 toasuspension orrevocation ofthis Major Use Special Permit. S>|naofar oathis Major Use8 io|Penndino|udeatheeubordinoVaapprova|of e series of [||000 | Special Permits for which specific details have not yet been devel- oped orprovided, the applicant shall provide the Planning Department with all subordi- nate Class I Special Permit plans and detailed requirements for final review and ap- proval of each one prior to the issuance of any of the subordinate approvals required in order tocarry out any ofthe requested activities and/or improvements listed inthis de- velopment ondernrcoctionedinthep|anompprovedbyiL 1C0|fthe project ia8obedeve|ooedinphgseS.theApp|icGrdshaUsubmbanin- tehnn p|an, including o landscape p|mn, which addresses design details for the land oc- cupying future phases of this Pjectinthe event that the future phases are not devel- oped, said plan shall include a proposed timetable and shall be subject toreview and approval by the Planning Director. 1 1> Pursuant to design related uonnnnanta received by the Planning Director, the applicant shall meet the following conditions: (m) The project inoutofnom|evviththe area, and the rezoning of the property should be consistent with the adjacent neighbor- hood, which is R-1 zoning; (b) Remove the FAR bonuses requested from the applica- tion; (c) Indicate how this project relates tothe Mercy Hospital Master Plan; (d) Ensure public access to the proposed bayvve|k; (d)Aoo|icand shall obtain approval ofnon- substantial nnodificmdonhotheK8ercyHoaphm|W1UQP/Rea.83-GO8>priortoapprovm|of this yNUQPapp|ioaUon; (e)The proposed Mercy Hospital parking garage (Class || per- mit) shall be constructed prior to issuance of any construction permit of the subject pro- posed project; sVaetn accommodate the parking previously required for Mercy Hospi- tal. 12) Pursuant to comments by the City of Miami Public Works 0epartnnert, the hzUmvving ahmU be required: (a) Matting is required to create new divisions of Tracts ^A" and ^C^ of the Mercy Hospital subdivision. /b> The traffic circulation plan for this devel- opment must consider the limited access to the proposed development site, the impact onthe narrow private road onthe southerly end of the Mercy Hospital complex that serves as both a Miami -Dade Transit (MDT) bus route and an emergency hospital en- trance; and the ungainly intersection of the private road at South Bayshore Drive/South Miami Avenue; (o)Applicant shall consult with the Qty'GCapital Improvement/ Transpor- tation Office, Miami -Dade County Public Works Department and the NatOnna Manor/Bay 06-01060mu Heights Homeowner's Associations concerning traffic impacts caused by the proposed project and the relocated Mercy Hospital traffic on the local neighborhood streets. 13)Pursumnt tocomments bvthe City ofMiami Transportation Department, the following conditions ohmU be required of the applicant: (o) |Dst@U @ new traffic signal at the intersection nfH8|iGsee Street (Mercy Hospital emergency access road) and South Miami Avenue (South Baysho[eDriVe\.and coordinate with the Mi8rDiC)adeCVUntV Public Works Department on the traffic signal; (b)Add a southwest bound left turn lane on South Miami Avenue and realign northeast bound through lane; (c) Coordinate with the County and the City onthe future project forthereoonot[uotionOfGouthBayohona O[ive, the segment from Darwin Street to Mercy Way; (d) SW17 mAveDue — Add a right turn arrow tD the existing traffic signal and modify signal timing; (e) East Fairview —Add existing traffic signal tocoordinated signal system; (f) Mercy Way —Re-stripe existing northbound right turn |GDe for left and right turns; /Q\ The C|GSS || permit for the pro- posed Mercy Hospital parking garage, the structure tVreplace the surface parking lot at the Grove Bay site, will need tDbeapproved before this pr jeot'SDeve|Dp0entC)rderis finalized. 14)Prior to the issuance Cf abuilding permit, the applicant shall submit oletter Cf approval of the proposed height from the K8ianni-[Juda County Aviation Department. If OV such approvals are granted, the height Cf the proposed project 8haUberedVcedto those heights referenced in the letter from Miami -Dade Aviation to the Planning Department dated May 2.2OOO. 1BAdevelopment bonus topermit mmixed use 0f214.292square feet of floor area shall require anon-refundable payment tothe Affordable Housing Trust Fund of@n amount of$12.4O per square foot for 8 total Of$2.857.22O.00. 1G)Pursuant tVHEPE}Resolution 2OO8-54.the applicant shall meet the following conditions: (G) @ubnnh monthly reports t0the City of Miami during any @PcheO|OgiC8| test- ing and nODOit0[inQ activities to document the P8SU|tS Ofany finds; (b) Submit two /2\ final reports to the City of Miami within SO days of completion of the archeological investiOa- donomnd monitoring; (c) Submit adetailed archeological management ormitigation plan to the City of Miami prior to the commencement of any further archeological investiga- tions or construction activities if significant archeological material is identified; (d) The approval ofthe application shall innoway beconstrued 8s anendorsement bythe His- toric and Environmental Preservation Board (HEPB) of the actual project. 17\ That the requested accompanying applications for Land Use Change (File 8D 00-010681/ and Change of Zoning (File 87 06-01on this property are approved by the City Commission. 18) The applicant shall record a covenant, subject to review and approval by the city attorney, within sixty k50\days of the effective date of this [SSD|LdiOO. which states that inthe event that this Major Use Special Permit expires orioabandoned, any future development of the subject properties shall require design review and approval by the Planning Director, utilizing the same criteria aothe original Major Use Special Permit. 19) Within 90 days of the effective date of this Development Order, record 8 certified copy of the Development Order specifying that the Development Order runs with the |@Od and is binding DD the Applicant, its GUCC8SSoro. and @SGigDS, jointly or severally. 06-U1060mu