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HomeMy WebLinkAboutPAB LegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-01060mu 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 300 GROVE BAY RESIDENCES PROJECT, TO BE LOCATED AT APPROXIMATELY 3663 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, CONSTRUCT AN A THREE BUILDING MIXED USE DEVELOPMENT RANGING IN HEIGHT FROM APPROXIMATELY 311 FEET TO 417 FEET TO BE COMPRISED OF APPROXIMATELY 300 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; AND APPROXIMATELY 642 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, Iris V. Escarra, Esquire, on behalf of TRG MH Venture. Ltd., Contract Purchaser, and Mercy Hospital, Inc., Owner (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for 300 Grove Bay Residences (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 3663 South Miami Avenue, 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 17, 2005 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on May 17, 2006, to consider the proposed project and recommended APPROVAL; and WHEREAS, the Historic and Environmental Preservation Board met on June 6, 2006, to consider the proposed project and offer its input; and WHEREAS, the Miami Zoning Board, at its meeting held on September 11, 2006, Item No. 3, following an advertised public hearing, recommendation of DENIAL of a Change of Zoning passed (Reso. ZB-06-1222), by a vote of five to two (5-2); and WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 20, 2006 Item No. 2, following an advertised public hearing, adopted Resolution No. PAB *-* by a vote of --- to --- (*-*), recommending ---- with conditions as City of Aliami Page 1 of 13 Printed On: 9/13/2006 File Number 0O+J1O0Onn/ presented inthe Major UoeSpecial Permit Development Order aoattached and incorporated; and WHEREAS, the City Commission deems it advisable and \nthe best interest of the general welfare of the City of Miami to issue m Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE|TRESOLVED BYTHE COMMISSION {}FTHE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble tothis Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A Major Use Qpedm| Permit Development Order, incorporated vvithin, 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 approxinnate|y3O03 South Miami Avenue, Miami, Florida, more particularly described OO"Exhibit A.''attached and incorporated. Section3. The PROJECT is approved for the construction of a three building mixed use development ranging in height from approximately 304 feet to 411 feet to be comprised of approximately 300 total nnu|hhanni|y naaidendo| unite with n*onyoUnna| amenities; and approximately 642 total parking spaces-, providing for certain floor area ratio ("FAR") bonuses. Geotion4. The Major Use Special Permit Application for the Project a|so 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 inconformity with the adopted Miami Comprehensive Neighborhood P|mm, as amended. b� The PROJECT is in accord with the proposed R-4 (Mu|dfonnUy High -Density Residential) zoning! classifications of Zoning Ordinance No. 11000. the Zoning Ordinance of the City of K8imnni, Florida, as amended. C. Pursuant toSection 1305.2ofthe Zoning Ordinance, the specific site plan aspects Of the PROJECT that have been found by the City COnOnliSSiDO (based upon facts and reports prepared or submitted by staff or others) to adhere to the following Design Review Criteria subject tothe any applicable conditions in the Development Order herein: DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE |)Site and Urban P|onninO: /1\ Respond bJthe physical Yes *Yes contextual environment taking into consideration urban form and natural features; . (2)Siting should minimize the Yes ^Y8S File Number 00-01060mu impact of automobile parking and driveways onthe pedestrian environment and adjacent properties; (3)0ui|dings oncorner lots Yes *Yes should be oriented tothe corner and public street fronts. 11) Architecture and Landscape Architecture: (1)A project shall bedesigned Yes *Yes hucomply with all applicable landscape ordinances; (2) Respond tothe neighborhood Yes *Yes context; /3\Create atransition inbulk Yee *Yes and scale; (4)Use architectural styles Yee *Yes and details (such msroof lines and fenestration), colors and rnmterio|S 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. U|) Pedestrian Oriented Development: (1)Pnnrnote pedestrian interaction; (2)Design facades that respond primarilytDthe human scale: (3) Provide mctive, not blank facades. Where blank walls are unavoidable, they should receive design treatment. Yes Yes Yes IV) Streetscape and Open Space: *Yes *Yes (1) Provide usable open space Yes *Yes that allows for convenient and visible pedestrian access from the public sidewalk; (2)Lmndocaping. including plant Yes *Yes nnotaho|, treUisas, special pavernents, screen walls, planters and similar features should be File Number 0U{71DO0mu appropriately incorporated to enhance the project. V)Vehicular Access and P8ddnq: (1) Design for pedestrian and Yes *Yes vehicular safety to minimize conflict points; (2)M\nimbe the number and Yes *Yes width ofdriveways and curb cuts; (3) Parking adjacent toaetr°e�t Y�8 Yes front should beminimized and where possible should be located behind the building; (4) Use surface parking areas Yes *Yes aadistrict buffer. \4) 8creeninq: (1)Provide landscaping 1had Yes *Yes screen undesirable e|enlenhs, such essurface parking lots, and that enhances space and architecture; (2) Building sites should locate Yes *Yes service elements like trash dunnoster.loading docks, and mechanical equipment away from street front where possible. When elements such as dunnpatero, utility nnetens, mechanical units and service areas cannot belocated away from the street front they should besituated and screened from view to street and adjacent properties; (5) 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)Signoqe and Li htinq: File Number 06-0/O00nu/ (1)Design oignmgempprophote Yea *Yes for the scale and character of the project and immediate neighborhood; (2)Provide lighting msmdesign Yes *Yes feature to the building facade, onand around landscape onama, special building or site features, mnd/orsignage; (3)Orient outside lighting t0 Yes *Yes minimize glare to adjacent properties; (4) Provide visible signa0e Yes *Yes identifying building addresses mtthe erkrence(o)moa functional and aesthetic consideration, VU|) Preservation of Natural Features: /1\Preserve existing vegetation Yes °Y88 and/or geological features whenever possible. IX) Modification of Nonconformities: (1) For modifications of O/@ *O/a nonconforming structures, noincrease inthe degree of nonconformity shall be allowed; (2) Modifications that conform D/3 °D/a tocurrent 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 toapprove this project vvhh d. The PROJECT iaexpected tocost approximately $548.326.085. and to employ approximately 258 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 100 permanent new jobs (FTE) for building operations and will generate approximately $5.DZ4.387annually intax revenues to the City (2006doUars). Cit.y of Miami Page 5 of 13 Printed On: 911312006 File Number 0O-)/D6Omu (1) the PROJECT will have a favorable impact on the economy of the /2> the PROJECT will efficiently use public transportation facilities; /3> any potentially adverse effects Vfthe PROJECT will bemitigated through compliance with the conditions of this Major Uae8peda|Perrnit; (4) the PROJECT will favorably affect the need for people tofind adequate housing reasonably accessible totheir places ofemployment; (5) the PROJECT will efficiently use necessary public facilities; (0) the PROJECT will not negatively impact the environment and natural resources of the City; (7) the PROJECT will not adversely affect living conditions inthe neighborhood; (8) the PROJECT will not adversely affect public safety; /9> based unthe record presented and evidence presented, the public welfare will beserved bythe PROJECT; and (10) any potentially adverse effects ofthe PROJECT arising from safety and security, fine protection and life safety, solid waste, heritage consen/adnn, tneeo, 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. 8eCtionO. The Major Use8 ial Permit, as approved and amended, shall bebinding upon the APPLICANT and any successors ininterest. Section 7. The application for Major Use Special Permk, which was submitted on June Q. 2006. and on file with the Planning Department of the City of Miarni. Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference. Seotion8. The City Manager iedirected to instruct the Planning Director to transmit mcopy ofthis Resolution and attachment tothe APPLICANT. SeodonS. The Findings ofFact and Conclusions ofLaw are made with respect tothe Project asdescribed inthe Development Order for the PROJECT, incorporated within. Section 10. The Major Use Special Permit Development [}njer for the PROJECT iagranted and issued. Section 11. In the event that any portion or section of this Resolution or the Development Order iedetermined to be invo|id, iUegm|, or unconstitutional by a court or agency ofcompetent jurisdiction, such decision shall innnmanner affect the remaining portions of this Resolution or Development Order which ahoU remain in full force and Section 12. The provisions approved for this Major Use Special Pemnit, as approved, shall cVnnnnenoe and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Major Use Special Pennh, as approved, shall expire two CD City (�f'Miami File Number 06-01000nm 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, 8. 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Mimnni. Florida, as amended (the 'Zoning Ordinance"), the Connnn)ooion of the City of Mianni. Florida, has considered in a public hearing, the issuance ofaMajor Uoe8pecia|Pernnith}r300 Grove Bay Residences (hereinafter referred tomothe "PR{}JFCT`')to be located at apprVxinnmte|y3883 South Miami Avenue, Miami, Florida (see |ogm| description on "Exhibit A", attached and incorpnrated), is subject to any dedications, |innitatiuns, resthctione, reservations or easements ofrecord. After due consideration nfthe recommendations of the Planning Advisory Board and after due consideration of the consistency ofthis 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 8pedm| Permit and issues this Permit: FINDINGS OFFACT PROJECT DESCRIPTION: The proposed PROJECT isomixed use development tobelocated at opproninnote|y3O03 South Miami Avenue, Mimmi, Florida. The PROJECT is located on a gross lot area of approximately 11.44± acres and a net |ck area of approximately 6.72± acres ofland (more specifically described on"Exhibit A".incorporated herein by reference). The remainder Vfthe PP<{}JECT'sData Sheet iaattached and incorporated as "Exhibit B". The proposed PROJECT will beonothree building mixed use development ranging in height from approximately 304 feet to 411 fee{ to be comprised of approximately 300 total multifamily residential units with recreational amenities; and approximately 642 total parking spaces; providing for certain floor area ratio ("FAR") bonuses. The Major Uae8 ia|PomnitAoo|icotionh»rthePFlC}JECTm|ooencornpaasea the following lower ranking Special Permits: MAJOR USE SPECIAL PERMITS MAJOR USE SPECIAL PERK8|T, as per Article 17. Section 1701, Definition (9) and Article 5, Sect. 502, PUO districts; nninirnuno area, nnmxinnunn densities and rnmxinnurn floor area ratios permitted (a)(o), to oUovv up to 20 % increase of floor area rado, for an increase of approximately 171.433 square feet of floor area; MAJOR USE SPECIAL PERMIT, @aper Article 17. Section 1701. Definition (8)Gnd Article 9. Section 914. Sub -Section 814.1 Dwelling unit, square hJ0t80e. and Vff- Ciq, ql'Aliani/ Page 7 of 13 Printed On: 911312006 File Number: 06-01060rnu street parking bonuses for contribution to Affordable Housing Trust Fund; exceptions, to allow an increase up to twenty (25) percent of additional floor area as a development bonus of approximately 214,292 square feet, the user shall make a non-refundable bonus developer contribution of an amount of $2,657,220.80 to the Affordable Housing Trust Fund administered by the City of Miami; CLASS II SPECIAL PERMITS CLASS II SPECIAL PERMIT, as per Article 9, Section 923, Sub -Section 923.2, Sub - Section 923.2.1. Reduction in stall dimensions by Class II Special Permit; criteria and limitations on reductions, to allow reduction of two (2) loading berth dimensions as follows: Request to be reduced Proposed Total Proposed Two (2) 12 feet wide x 55 feet long x 15 feet 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 I SPECIAL PERMITS 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 ceremony; CLASS I SPECIAL PERMIT, as per Article 9, Section 916, Sub -Section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as ground breaking ceremonies; CLASS I SPECIAL PERMIT, as per Article 9, Section 918, Sub -Section 918.2. Temporary off-street offsite parking for construction crews, criteria, to allow temporary off-street offsite parking for construction crews working on a 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 10.5, Sub -Section 10.5.4.3, R-4 Multifamily High -Density Residential, Temporary Signs (3), to allow temporary development signs; City of Miami Page 8 of 13 Printed On: 9/13/2006 File Number 05-01O00om REQUEST, for waiver of Chapter 80 Noise, Section 30-6 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 to Section 36-6 (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 MUSPconditions k)besatisfied ct the time nfShell Permit instead of at issuance of Foundation Permit: o>The requirement torecord inthe Public Records aDeclaration 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; and b) The requirement to record in the Public Records a unity of title or covenant in lieu of unity of title. Pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major UoeSpeoim|PemnitohaUbeconaideredmuffioientfortheaubordinmte permits requested and referenced above as well as any other special approvals required bythe City which may berequired tocarry out the requested plans. The PROJECT shall be constructed substantially inaccordance with plans and design schematics on file prepared by Arquitectonica, signed and dated May 23, 2006; the landscape plan shall beimplemented substantially inaccordance with plans and design schematics on file prepared by EDAW, signed and dated May 24, 2006; said design and landscape plans may be permitted to be modified only to the extent necessary tocomply with the conditions for approval imposed herein; all modifications shall besubject tothe review and approval ofthe Planning Director prior tothe issuance of any building permits; and The PROJECT conforms tothe requirements ofthe proposed R4(Multifamily High -Density Residential) zoning n|ossificGtion, 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 oDthe subject property allows the proposed uses. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY CJR 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 to the issuance of a building permit including the required Affordable Housing Trust fund contribution of $12.4Oper square foot for any applicable FAR increase sought under those provisions. City ql'miami File NumberO6-O/060mu 2\Allow the Miami Police Department toconduct esecurity survey, ct the option of the Oepmrtnnert, and to make recommendations concerning security measures and systems; further submit a report to the Planning Departnnent, prior to commencement of conatruction, demonstrating how the Police Department n*ounlrnendmtions, 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 PRCJJECT, owner reoponoibi|ity, building development process and review procedures, as well as specific requirements for fire protection and life safety systenna, exidng, vehicular access and water supply. 4\ Obtain approval fnonn, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns ofthe said Department prior to the obtainment of a shell permit. S\ Comply with the &4inOrhv Participation and Employment Plan (including @ 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 f0U0vvng in the Public RemJnJa of Dade County, Florida, priorto the issuance of Temporary Certificate of Occupancy or Certificate of Occupancy, 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 inperpetuity. 7\ Prior U)the issuance of shell permit, provide the City with o recorded copy of the MU8P permit resolution and development order, and further, an execuhsd, record able unity of title or covenant in lieu of unity of title agreement for the subject property; said agreement shall besubject tothe review and approval ofthe City Attorney'oOffice. 0Provide the Planning Department with Gtemporary construction plan that includes the following: a temporary construction parking plan, with an enforcement policy; a construction noise nnanmgannerd plan with an enforcement policy; and G maintenance plan for the temporary construction site; said plan shall be subject to the review and approval bythe Planning Department prior tothe 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 sofar aothis Major Use Special Permit includes the subordinate approval of o series of C|mae | Special Permits for which apaohhu details have not vet been developed Vrprovided, the applicant shall provide the Planning Department with all subordinate Class | Special Permit plans and detailed requirements for final review and approval ofeach one prior tothe issuance ofany cf the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order orcaptioned inthe plans approved byit. (2fY q/&/uo/ File Number O0+71060mo 10\|fthe project isbzbedeve|opedinphaaea.Ule/\oo|icartnhmUsubmban interim p|mn, including a landscape p|mn, which addresses design details for the land occupying future phases ofthis Project intheeventthat the future phases are not deve|oped, said plan shall include o proposed timetable and shall be subject to review and approval bythe Planning Director. 11)Punsuart todesign ra|mtedcommenUsreQsivedbvUleP|Gnnin0[>ireoUor, the applicant shall meet the following conditions: (a)The project is out of scale with the area, and the rezoning of the property should be consistent with the adjacent nei0hborhood, which is R-1 zoning; /b\ Remove the FAR bonuses requested from the application; (c) Indicate how this project relates tothe Mercy Hospital Master Plan; /d\ Ensure public access to the proposed baywalk; (d) Applicant shall obtain approval of non -substantial modification tothe Mercy Hospital K8USP(Ree.S3-0OM) prior toapproval of this K8UGP application; (e) The proposed Mercy Hospital parking garage (Class U permit) shall baconstructed priortoissuance ofany construction permit ofthe subject proposed project; 000etoaoconnnlodatetheparkingpnevioua|yrequiredforW1eroy 12> Pursuant to comments bvthe City of Miami Public Works Oepartnnent, the following shall be required: (a) Platting is required to create new divisions of Tracts "A and ^C^ofthe Mercy Hospital subdivision. /b\The traffic circulation plan for this development must consider the limited access to the proposed development site, the impact on the narrow private road on the southerly end of the Mercy Hospital complex that serves as both a Miami -Dade Transit (MDT) bus route and an emergency hospital entrance; and the ungainly intersection of the private road at South Bayohnn* Drive/South Miami Avenue; /c>Applicant shall consult with the Qty's Capital |nnprovennent/Tnansportmdon Office. Miami -Dade County Public Works Department and the Natoma Manor/Bay Heights Homeowner's Associations concerning traffic impacts caused bythe proposed project mnd<here|ooatedMercyHospita|trafficonthe|oca| neighborhood streets. 13\ Pursuant to oOnnnn8nta by the City of Miami Transportation Oepmrtrnert, the following conditions ahmU be required of the applicant: (m) |neteU a new traffic ei0nm| at the intersection of Halissee Street (Mercy Hospital emergency access road) and South Miami Avenue (South Bayshore Drive), and coordinate with the Miami -Dade County 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; (u) Coordinate with the County and the City onthe future project fortheneoonstruotionofSouth8ayohona Drive, the segment from Darwin Street toMercy Way; (d)SVV17 w Avenue — Add aright turn arrow to the existing traffic ai0nm| and modify signal timing; (e) East Foirvievv—Add existing traffic signal to coordinated signal system; Ul Mercy Way — Re -stripe existing northbound right turn lane for left and right turns; (Q) The Class || permit for the proposed Mercy Hospital parking garage, the structure to replace the surface parking lot at the Grove Bay site, will need tobeapproved before this pr jeut'aUeve|opnnent[)nderio finalized. 14) 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 ohaUbgreducedtothVse File Number 06-0/060mu heights referenced in the letter from Miami -Dade Aviation to the Planning Department dated May 2.2OOO. 15) A development bonus to permit a mixed use of 214,292 square feet of floor area shall require a non-refundable payment to the Affordable Housing Trust Fund of an amount of$12.4O per square foot for a total of$2.857.22O.00. 16>Purouant toHEPBResolution 2UO0-54.the applicant shall meet the following conditions: (a) Submit monthly reports to the City of Miami during any archeological testing and monitoring activities to document the results ofany finds; (b) Submit two (2) final reports to the City CfMiami within 90days cfcompletion Cfthe archeological investigations and monitoring; /o\ Submit gdetailed archeological management or mitigation plan tothe City of Miami prior tothe commencement of any further archeological investigations or construction activities if significant archeological material is identified; (d) The approval of the application shall in no way be construed as an endorsement by the Historic and Environmental Preservation Board (HEPB) of the actual project. 17)That the requested accompanying applications for Land Use Change (File 8] D6-DYO6D1u)and Change Cf Zoning (File 8J00-D1mnthis property are approved by the City Commission. 18) The applicant shall record a covenmrt, subject to review and approval by the city gttorney, within sixty (60) days of the effective date of this reou|uUon, which states that in the event that this Major Uoe8pecio|Pernnit expires 0ris abandoned, any future development ofthe subject properties shall require design review and approval bvthe Planning 0nactor, utilizing the amnne criteria as the original Major Use Special Permit. 19) Within 80 days of the effective date of this Development Onder, record a certified copy of the Development Order specifying that the Development Order runs with the land and is binding on the Applicant, its success0rs, and assigns, 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 thirtv(3O) day period toappeal from the provisions cf the Permit. CONCLUSIONS OFLAW The PROJECT, proposed bvthe APPLICANT, complies with the Miami Comprehensive Neighborhood Plan, as anoanded, iaconsistent with the orderly development and goals of the City of Miami, and complies with local land development regulations and further, pursuant toSection 17O3ofthe Zoning Ordinance: /1\ /2\ the PROJECT will have afavorable impact onthe economy ofthe City; and the PROJECT will efficiently use public transportation facilities-, and City o/Miux/ Page 12 of 13 Printed On: 911312006 File Number 06-}/000mu the PROJECT will favorably affect the need for people k)find adequate housing reasonably accessible totheir 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 ofthe PROJECT will bemitigated 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 LFERNANDEZ CITY ATTORNEY ..Footnote H\ If the Mayor does not sign this Reso|uUnn, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Reso|udon, it shall become effective immediately upon override of the veto by the City Commission.