HomeMy WebLinkAboutRequest for Substantial ComplianceGreenberg
Traurig
Ms. Ana Gelabert-Sanchez
Director, Planning Department
444 S.W. 2nd Ave. — 3rd Floor
Miami, FL 33130
Lucia A. Dougherty
(305) 579-0603
E-Mail: doughertyl®gtlaw.com
June 13, 2007
Ms. Lourdes Slayzk
Director, Zoning Department
444 S.W. 2nd Ave. — 4th Floor
Miami, FL 33130
Re: Oasis on the Bay MUSP / Request for Substantial Compliance
Dear Ana and Lourdes:
As you may recall, this project obtained a Major Use Special Permit on February 23,
2006 pursuant to Resolution No. 06-0128 (the "Resolution") attached as Exhibit "A". Condition
11(h) of the Resolution, provides that the applicant provide marketable title to the additional land
located to the South of the project. In order to assure the City that this land is developed as a
public park, the owner agrees to amend the Resolution to include an additional condition,
Condition 11(i), which will read that prior to issuance of a building permit for development of
the project, the Applicant shall remove the billboard located within the boundaries of the
additional land donated to the City.
We believe that this voluntary proffer to add this condition to the Resolution should be
considered to be in substantial compliance with the approved Resolution. Therefore, we would
request the determination from the Planning and Zoning Department's that this addition is in
substantial compliance with the present Resolution and requires no further action on the part of
the owner.
Enclosures
cc: Ms. Stephanie Grindell, Public Works Director
Victoria Mendez, Esq., City Attorney's Office
Mr. Eric Fordin, Related Group
Javier Avino, Esq.
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEM P//a0N
MIA 179648833v1 6/12/2007
Greenberg Traurig, P.A. I Attorneys at Law 11221 Brickell Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717 I www.gtlaw.com
07- 60-7,13
City of Miami
Legislation
Resolution: R-06-0128
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-01515f
Final Action Date:2/23/2006
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED,
FOR THE OASIS ON THE BAY PROJECT, TO BE LOCATED AT
APPROXIMATELY 7889 AND 7921 NORTH BAYSHORE DRIVE, 7890, 7950 AND
7951 NORTHEAST BAYSHORE COURT, 1165, 1169, 1173, 1177, 1199 AND 1201
NORTHEAST 79TH STREET, MIAMI, FLORIDA, TO CONSTRUCT TWO
APPROXIMATE 205-FOOT, 20-STORY HIGH MIXED -USE STRUCTURES TO BE
COMPRISED OF APPROXIMATELY 467 TOTAL MULTIFAMILY RESIDENTIAL
UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 4,200 SQUARE
FEET OF RETAIL SPACE; AND APPROXIMATELY 719 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 November 7, 2005, Javier F. Avino, on behalf of River Bait and Tackle, LLC
(referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for
Oasis on the Bay(referred to as "PROJECT") pursuant to Articles 5, 13 and 17 of Zoning Ordinance
No. 11000, for the properties located at approximately 7889 and 7921 North Bayshore Drive, 7890,
7950 and 7951 Northeast Bayshore Court, 1165, 1169, 1173, 1177, 1199 and 1201 Northeast 79th
Street, 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 21, 2005 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on October 19, 2005, to consider the
proposed project and recommended APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on December 21, 2005 Item
No. 10, following an advertised public hearing, adopted Resolution No. PAB 128-05 by a vote of eight
to zero (8-0), recommending APPROVAL with conditions of the Major Use Special Permit
Development Order as hereinafter set forth; 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;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miami , Page l of 11
34
- faT 41: v-1 Ir-t YO
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File Number. 05-015151 Enactment Number: R-06-0128
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, at approximately 7889 and 7921 North
Bayshore Drive, 7890, 7950 and 7951 Northeast Bayshore Court, 1165, 1169, 1173, 1177, 1199 and
1201 Northeast 79th Street, Miami, Florida, more particularly described on "Exhibit A," attached and
incorporated.
Section 3. The PROJECT is approved for the construction of two approximate 205-foot, 20-story
high mixed use structures to be comprised of approximately 467 total multifamily residential units with
recreational amenities; approximately 4,200 square feet of retail space; and approximately 719 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) and R-4
(Multifamily High -Density Residential) Zoning classifications 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 (as appropriate to the
nature of the special permit involved in the Project and the particular circumstances of the case)
subject to the applicable conditions in the Development Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
1) 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
and public street fronts.
City of Miami Page 2 of 11 Printed On: 6/14/2006
File Number. 05-01515f Enactment Number: R-06-0128
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.
V) Vehicular Access and Parking:
City of Miami Page 3 of 11 Printed On: 6/14/2006
File Number. 05-015151
Enactment Number: R-06-0128
(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 Tots,
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
City of Miami
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File Number: 05-015151 Enactment Number: R-06-0128
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.
1X) 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 $278,078,767, and to employ approximately
375 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the
creation of approximately 20 permanent new jobs (FTE). The PROJECT will generate approximately
$1,398,522 annually in tax revenues to the City (2005 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
the conditions of this Major Use Special Permit;
GYty of Miami
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File Number. 05-01515f
Enactment Number: R-06-0128
(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 November 14,
2005, 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, 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 Oasis on the Bay (MU-2005-030), (hereinafter referred to as the "PROJECT") to be located at
City of Miami
Page 6 of 11 Printed On: 6/14/2006
File Number. 05-01515f Enactment Number: R-06-0128
approximately 7889 and 7921 North Bayshore Drive, 7890, 7950 and 7951 Northeast Bayshore Court,
1165, 1169, 1173, 1177, 1199 and 1201 Northeast 79th Street, 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 7889 and
7921 North Bayshore Drive, 7890, 7950 and 7951 Northeast Bayshore Court, 1165, 1169, 1173, 1177,
1199 and 1201 Northeast 79th Street, Miami, Florida. The PROJECT is located on a gross lot area of
approximately 5.79* acres and a net lot area of approximately 3.70* 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 two approximate 205-foot, 20-story high mixed use structures to
be comprised of approximately 467 total multifamily residential units with recreational amenities;
approximately 4,200 square feet of retail space; and approximately 719 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
MUSP, as per Article 17, for development of 467 residential units;
MUSP, as per Article 17 for parking of approximately 719 parking spaces;
MUSP, as per Article 5, Section 502, PUD Districts; to increase the floor area by twenty
percent, for a total of 86,849 square feet of bonus;
Per City Code, Chapter 36, construction equipment request for waiver of noise ordinances
while under construction for continuous pours.
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow a construction fence and
covered walkway;
CLASS II SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor eating areas
and outdoor cafes;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1511, for any development between
Biscayne Bay and the first dedicated right-of-way;
CLASS I SPECIAL PERMITS
Clry of Miami
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File Number. 05-01515f Enactment Number: R-06-0128
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event namely
a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per 917.1.2, to permit valet parking;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer(s) for construction
and other temporary offices such as leasing and sales;
CLASS I SPECIAL PERMIT, as per Article 9, Section 904, for parking and staging of
construction during construction;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction trailer and
watchman's quarters.
REQUEST for applicable MUSP conditions to be satisfied at the time of shell permit instead of at
issuance of foundation permit:
a) The requirement to record in the Public Records 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; 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, 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 Cohen Freedman Encinosa & Associates, signed and sealed October 31, 2005; the
landscape plan shall be implemented substantially in accordance with plans and design schematics on
file prepared by Fuster Designs, dated October 3, 2005; 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; and
The PROJECT conforms to the requirements of the proposed C-1 (Restricted Commercial) and
R-4 (Multifamily High -Density Residential) zoning classifications, as contained in the Zoning
Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The existing
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.
2) Allow the Miami Police Department to conduct a security survey, at the option of the
Department, and to make recommendations conceming 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.
City of Miami Page 8 of 11 Printed On: 6/14/2006
File Number 05-01515f Enactment Number: R-06 0128
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/VVomen 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 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 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 comments by the City of Miami Public Works Department, the applicant
shall meet the following conditions: (a) Re -platting of the land is required to close and vacate NE
GYty of Miami Page 9 of 11 Printed On: 6/14/2006
File Number. 05-015151
Enactment Number: R-06-0128
Bayshore Court and portions of the Florida Department of Transportation (FDOT) right-of-way; (b)
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; (c) NE 80th Street - Applicant shall replace all damaged and
broken sidewalk, curb and gutter on both sides of the street adjacent to the project site and mill
and resurface the entire width, curb to curb, between NE Bayshore Drive and NE Bayshore Court;
(d) NE 79th Street and NE Bayshore Drive - Coordinate any improvements with the Florida
Department of Transportation; (e) Cleaning of the Baycrest, north and south canals; (f) Rebuilding
and retaining wall on NE 81st Street, related and allied tree planting and maintenance; (g) Meet
with representatives of local homeowners groups with their traffic engineers and discuss traffic
flow impact and traffic concerns of the Project and be prepared to address such concerns; (h) The
Applicant will convey marketable title to the City of Miami of additional land to the South of the
Project for use by the City as a municipal park, fire station, or other municipal purpose.
12) Pursuant to design related comments received by the Planning Director, the applicant
shall meet the following conditions: Context/Urban Design - (a) Provide greater articulation for
the rear of the towers and the parking garage facing NE 80th Street and consider continuing the
pattern of window and balcony openings from the facade in order to create a more attractive rear
facade elevation; (b) A permit is required from the Public Works Department for the vacating a
public right-of-way (portion of Bayshore Court), and if granted, the applicant must show a public
benefit. (c) Provide a pedestrian access along the old Bayshore Court axis and a Baywaik
connecting 79th Street to 80th Street and refer to the city's Baywalk/Riverwalk design standards
for typical surface changes, plantings, etc, as determined by the Planning Department (d) Include
the site across the street in the ground floor plan and surveys as this site is transferring the
development rights from the proffered site to the proposed development site and show any
improvements planned for this site; (e) Coordinate any planned improvements along 79th Street
with the FDOT regional office; Landscaping - (f) Provide a continuous canopy of shade trees
along the perimeter of the project. These shade trees shall be aligned close to the edge of the
curb in the public right of way (at no greater than 33' on center). Palm trees may be utilized
periodically as an accent to the architecture of the building; (g) Submit a landscape plan that
specifies the species (common and botanical names), sizes (height x spread and/or container
size) at time of planting, quantities, and proposed locations of all plant materials, existing and
proposed. The landscape plan shall include planting details and planting specifications; (h) A final
landscape plan shall be submitted for review and approval of the Planning Director prior to the
issuance of a building permit; Parking Garage - (i) Provide details of the garage facade and door
along 80th Street; (j) Consider adding one-half level of underground parking and raising the site
one-half level; (k) Specify details of proposed aluminum grills, louvers, Bahamian shutters, awning,
etc. designed to hide the parking.
13 That the requested application for the Change of Zoning, and the accompanying Future
Land Use Change on these properties are approved by the City Commission.
14) 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:
City of Mlannl
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File Number 05-01515f Enactment Number: R-06-0128
Establish the operative date of this Permit as being thirty (30) days from the date of 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 to 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.
APPROV D AS TO FORM AND CO' ECTNESS:
JOR
ITY ATTRNEY
Footnotes:
DEZ
{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 Page 11 of 11 Printed On: 6/14/2006
File Number: 05-0 15f
A RESOLUTIO OF
APPROVING WI
TO ARTICLES 5, 1
FOR THE OASIS 0
APPROXIMATELY 788
7951 NORTHEAST BAY
NORTHEAST 79TH STRE
APPROXIMATE 205-FOOT,
COMPRISED OF APPROXIMA
UNITS WITH RECREATIONAL
FEET OF RETAIL SPACE; AND A
SPACES; PROVIDING FOR CERTA
DIRECTING TRANSMITTAL; MAKIN
CONCLUSIONS OF LAW; PROVIDING
SEVERABILITY CLAUSE AND PROVIDI
City of Miami
Legislation
Resolution
City Hall
350D Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
Final Action Date:
THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED,
HE BAY PROJECT, TO BE LOCATED AT
AND 7921 NORTH BAYSHORE DRIVE, 7890, 7950 AND
ORE COURT, 1165, 1169, 1173, 1177, 1199 AND 1201
, MIAMI, FLORIDA, TO CONSTRUCT TWO
STORY HIGH MIXED -USE STRUCTURES TO BE
ELY 467 TOTAL MULTIFAMILY RESIDENTIAL
ENITIES; APPROXIMATELY 4,200 SQUARE
ROXIMATELY 719 TOTAL PARKING
FLOOR AREA RATIO ("FAR") BONUSES;
INDINGS OF FACT AND STATING
OR BINDING EFFECT; CONTAINING A
FOR AN EFFECTIVE DATE.
WHEREAS, on November 7, 2005, Javier F. Avino, , n behalf of River Bait and Tackle, LLC
(referred to as "APPLICANT'), submitted a complete App ation for Major Use Special Permit for
Oasis on the Bay(referred to as "PROJECT") pursuant to ° rticles 5, 13 and 17 of Zoning Ordinance
No. 11000, for the properties located at approximately 7889 d 7921 North Bayshore Drive, 7890,
7950 and 7951 Northeast Bayshore Court, 1165, 1169, 1173, 177, 1199 and 1201 Northeast 79th
Street, Miami, Florida, as legally described in "Exhibit A", attach and incorporated; and
WHEREAS, development of the Project requires the issuance o a Major Use Special Permit
pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Or finance of the City of Miami,
Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on September 21, 2005 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on October 19, 20 , to consider the
proposed project and recommended APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on Decem• -r 21, 2005 Item
No. 10, following an advertised public hearing, adopted Resolution No. PAB 128-05 r a vote of eight
to zero (8-0), recommending APPROVAL with conditions of the Major Use Special Per it
Development Order as hereinafter set forth; and
WHEREAS, the City Commission deems it advisable and in the best interest of the gen al welfare
of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter s forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miami
Page 1 of 11
Printed On: 2/9/2006
File Number. 5-01515f
FLORIDA:
Section 1. Th recitals and findings contained in the Preamble to this Resolution are adopted by
reference and inco rated as if fully set forth in this Section.
Section 2. A Major se Special Permit Development Order, incorporated within, is approved
subject to the conditions ecified in the Development Order, per Article 17 of Zoning Ordinance No.
11000, for the PROJECT be developed by the APPLICANT, at approximately 7889 and 7921 North
Bayshore Drive, 7890, 7950 : nd 7951 Northeast Bayshore Court, 1165, 1169, 1173, 1177, 1199 and
1201 Northeast 79th Street, -mi, Florida, more particularly described on "Exhibit A," attached and
incorporated.
Section 3, The PROJECT is ap, roved for the construction of two approximate 205-foot, 20-story
high mixed use structures to be corn. "sed of approximately 467 total multifamily residential units with
recreational amenities; approximately , 00 square feet of retail space; and approximately 719 total
parking spaces; providing for certain floo -rea ratio ("FAR") bonuses.
Section 4. The Major Use Special Perms pplication for the Project also encompasses the lower
ranking Special Permits as set forth in the Dev= opment Order.
Section 5. The findings of fact set forth below - re made with respect to the subject PROJECT:
a. The PROJECT is in conformity with the ado ed Miami Comprehensive Neighborhood Plan, as
amended.
b. The PROJECT is in accord with the proposed 1 (Restricted Commercial) and R-4
(Multifamily High -Density Residential) Zoning classificati s of Zoning Ordinance No. 11000, the
Zoning Ordinance of the City of Miami, Florida, as amend d.
c. Pursuant to Section 1305.2 of the Zoning Ordinanc the specific site plan aspects of the
PROJECT that have been found by the City Commission (ba ed upon facts and reports prepared or
submitted by staff or others) to adhere to the following Design eview Criteria (as appropriate to the
nature of the special permit involved in the Project and the parts tar circumstances of the case)
subject to the applicable conditions in the Development Order he in:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
I) Site and Urban Planning:
(1) Respond to the physical Yes.
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Yes.
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner Tots Yes.
should be oriented to the corner
and public street fronts.
*Yes.
"Yes.
'Yes.
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File Number. 05-01515f
III Architecture and Landscape Architecture:
(1) A project shalI be designed Yes. *Yes.
to comply with all applicable
landscape ordinanc . ;
(2) Respond to the ne 'hborhood Yes. *Yes.
context;
(3) Create a transition in b► k 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.
(1) Promote pedestrian
interaction;
(2) Design facades that
respond primarily to the
human scale;
(3) Provide active, not blank
facades. Where blank walls
are unavoidable, they should
receive design treatment.
III Pedestrian Orien
Yes.
Yes.
d Develo • ment:
*Yes.
Yes. *Yes.
IV) Streetscape and Open Space:
(1) Provide usable open space Yes.
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant Yes.
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
*Yes.
*Yes.
V) Vehicular Access and Parking:
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(1) Desifor pedestrian and Yes. *Yes.
vehicular • fety to minimize
conflict poin
(2) Minimize t - number and Yes. *Yes.
width of drivewa • and curb
cuts;
(3) Parking adjacent a street Yes. *Yes.
front should be minim' d and
where possible should b
located behind the building,
(4) Use surface parking area Yes. *Yes.
as district buffer.
(1) Provide landscaping that Yes.
screen undesirable elements,
such as surface parking lots,
and that enhances space and
architecture;
(2) Building sites should Locate 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.
structures with program uses.
Where program uses are not
feasible soften the garage
structure with trellises,
landscaping, and/or other
suitable design element.
V1) Screening:
*Yes.
*Yes.
VII) Signage and Lightino:
(1) Design signage appropriate Yes. *Yes.
for the scale and character of
the project and immediate
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neighborhood;
(2) Provide lig ng as a design Yes. *Yes.
feature to the bu • ing facade,
on and around Ian• cape
areas, special buildin. or
site features, and/or si • ,age;
(3) Orient outside lighting o Yes. *Yes.
minimize glare to adjacent
properties;
(4) Provide visible slgnage Yes. *Yes.
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
VIII Prese -tion of Natural Features:
(1) Preserve existing vegetation Yes. *Yes.
and/or geological features
whenever possible.
IX Modification of Nonc. nformities:
(1) For modifications of Yes. *Yes.
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
*Compliance is subject to conditions.
Yes.
*Yes.
These findings have been made by the City Commission to approve this project ith conditions.
d. The PROJECT is expected to cost approximately $278,078,767, and to emp y approximately
375 workers during construction (FTE-Full Time Employees); the PROJECT will also suit in the
creation of approximately 20 permanent new jobs (FTE). The PROJECT will generate proximately
$1.398,522 annually in tax revenues to the City (2005 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 compliartre with
the conditions of this Major Use Special Permit;
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(4) the PROJECT will favorably affect the need for people to find adequate housing reasonably
accessi e to their places of employment;
(5 the PROJECT will efficiently use necessary public facilities;
(8) e 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 • OJECT will not adversely affect public safety;
(9) base • •n the record presented and evidence presented, the public welfare will be served by
the PROJECT; an
(10) any po -ntialiy adverse effects of the PROJECT arising from safety and security, fire
protection and life safetsolid waste, heritage conservation, trees, shoreline development, minority
participation and employ '-nt, and minority contractor/subcontractor participation will be mitigated
through compliance with the onditions of this Major Use Special Permit.
Section 6. The Major Use S• -cial Permit, as approved and amended, shall be binding upon the
APPLICANT and any successors i nterest.
Section 7. The application for Majo Use Special Permit, which was submitted on November 14,
2005, and on file with the Planning Depa ent of the City of Miami, Florida, shall be relied upon
generally for administrative interpretations - d is incorporated by reference.
Section 8. The City Manager is directed to ' struct the Planning Director to transmit a copy of this
Resolution and attachment to the APPLICANT.
Section 9. The Findings of Fact and Conclusion of Law are made with respect to the Project as
described in the Development Order for the PROJEC , incorporated within.
Section 10. The Major Use Special Permit Develo. ent Order for the PROJECT is granted and
issued.
Section 11. In the event that any portion or section of th Resolution or the Development Order
is determined to be invalid, illegal, or unconstitutional by a court r agency of competent jurisdiction,
such decision shall in no manner affect the remaining portions of is Resolution or Development
Order which shall remain in full force and effect.
Section 12. The provisions approved for this Major Use Special ermit, as approved, shall
commence and become operative thirty (30) days after the adoption of t Resolution.
Section 13. This Major Use Special Permit, as approved, shall expire (2) years from its
commencement and operative date.
Section 14.
of the Mayor. {1}
This Resolution shall become effective immediately upon its ado ption and signature
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 13 and 17 of Ordinance No. 11000, the Zo 'ng
Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commi ion of the
City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Spec! Permit
for Oasis on the Bay (MU-2005-030), (hereinafter referred to as the "PROJECT") to be locate at
City of Miami Page 6 of 11
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File Number.: 05-01515i
appro imately 7889 and 7921 North Bayshore Drive, 7890, 7950 and 7951 Northeast Bayshore Court,
1165, 169, 1173, 1177, 1199 and 1201 Northeast 79th Street, Miami, Florida (see legal description
on "Exhi it A", attached and incorporated), is subject to any dedications, limitations, restrictions,
reservatio or easements of record.
After dfe consideration of the recommendations of the Planning Advisory Board and after due
consideration o he consistency of this proposed development with the Miami Comprehensive
Neighborhood Pia the City Commission has approved the PROJECT, and subject to the following
conditions approves a Major Use Special Permit and issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is ariixed use development to be located at approximately 7889 and
7921 North Bayshore Drive, 7890, •50 and 7951 Northeast Bayshore Court, 1165, 1169, 1173, 1177,
1199 and 1201 Northeast 79th Stree Miami, Florida. The PROJECT is located on a gross lot area of
approximately 5.791 acres and a net Iarea of approximately 3.70± acres of land (more specifically
described on "Exhibit A", incorporated hein by reference). The remainder of the PROJECT's Data
Sheet is attached and incorporated as "Ex , ibit B".
The proposed PROJECT will be two appr• imate 205-foot, 20-story high mixed use structures to
be comprised of approximately 467 total multifa ily residential units with recreational amenities;
approximately 4,200 square feet of retail space; - d approximately 719 total parking spaces; providing
for certain floor area ratio ("FAR") bonuses.
The Major Use Special Permit Application for the • OJECT also encompasses the following lower
ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MUSP, as per Article 17, for development of 467 resi • ntial units;
MUSP, as per Article 17 for parking of approximately 7 parking spaces;
MUSP, as per Article 5, Section 502, PUD Districts; i increase the floor area by twenty
percent, for a total of 86,849 square feet of bonus;
Per City Code, Chapter 36, construction equipment request fdrwaiver of noise ordinances
while under construction for continuous pours.
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow' construction fence and
covered walkway;
CLASS II SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to all
development/construction/rental signage;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for ouiloor eating areas
and outdoor cafes;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1511, for any develoment between
Biscayne Bay and the first dedicated right-of-way;
CLASS I SPECIAL PERMITS
Coy of Miami
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CLASS 1 SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event namely
a ground breaking ceremony;
LASS I SPECIAL PERMIT, as per 917.1.2, to permit valet parking;
C. • SS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer(s) for construction
an. ether temporary offices such as leasing and sales;
CLAD.. 1 SPECIAL PERMIT, as per Article 9, Section 904, for parking and staging of
constru on during construction;
CLASS I ' ECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction trailer and
watchman's • afters.
REQUEST for applicabl MUSP conditions to be satisfied at the time of shell permit instead of at
issuance of foundation pe . it:
a) The requirement to rec
providing that the ownership, o
the property owner or a mandato
in the Public Records a Declaration of Covenants and Restrictions
ration and maintenance of all common areas and facilities will be by
property owner association; and
b) The requirement to record in t' = Public Records a unity of title or covenant in lieu of unity of title.
Pursuant to Articles 5, 13 and 17 of = • ning Ordinance 11000, approval of the requested Major Use
Special Permit shall be considered suffici - t for the subordinate permits requested and referenced
above as well as any other special approve required by the City which may be required to carry out
the requested plans.
The PROJECT shall be constructed substant -Ily in accordance with plans and design schematics
on file prepared by Cohen Freedman Encinosa & .sociates, signed and sealed October 31, 2005; the
landscape plan shall be implemented substantially in - ccordance with plans and design schematics on
file prepared by Fuster Designs, dated October 3, 200 • said design and landscape plans may be
permitted to be modified only to the extent necessary to omply with the conditions for approval
imposed herein; all modifications shall be subject to the re iew and approval of the Planning Director
prior to the issuance of any building permits; and
The PROJECT conforms to the requirements of the pro • osed C-1 (Restricted Commercial) and
R-4 (Multifamily High -Density Residential) zoning classifications, -s contained in the Zoning
Ordinance, the Zoning Ordinance of the City of Miami, Florida, as - ended. The existing
comprehensive plan future land use designation on the subject prop=rty allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOIN Y OR SEVERALLY,
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMP WITH THE
FOLLOWING:
1) Meet all applicable building codes, land development regulations, ordi -nces and other laws
and pay all applicable fees due prior to the issuance of a building permit.
2) Allow the Miami Police Department to conduct a security survey, at the opt
Department, and to make recommendations concerning security measures and syste
submit a report to the Planning Department, prior to commencement of construction, de
n of the
s; further
onstrating
City of Miami Page 8 of 11
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File Number. 05-01515f
how the Pot Department recommendations, if any, have been incorporated into the PROJECT
security and nstruction plans, or demonstrate to the Planning Director why such recommendations
are impractical.
3) Obtain a royal from, or provide a letter from the Department of Fire -Rescue indicating
APPLICANTS coord ation with members of the Fire Plan Review Section at the Department of
Fire -Rescue in the revi of the scope of the PROJECT, owner responsibility, building development
process and review proce ures, as well as specific requirements for fire protection and life safety
systems, exiting, vehicular c ss and water supply.
4) Obtain approval from, r provide a letter of assurance from the Department of Solid Waste
that the PROJECT has addresse all concerns of the said Department prior to the obtainment of a
shell permit.
5) Comply with the Minority Part ipation and Employment Plan (including a
Contractor/Subcontractor Participation PI ) submitted to the City as part of the Application for
Development Approval, with the understan g that the APPLICANT must use its best efforts to follow
the provisions of the City's Minority/Women B iness Affairs and Procurement Program as a guide.
6) Record the following in the Public Reco 's of Dade County, Florida, prior to the issuance of
a Temporary Certificate of Occupancy or Certificate •f Occupancy, a Declaration of Covenants and
Restrictions providing that the ownership, operation a • maintenance of all common areas and
facilities will be by the property owner or a mandatory p •erty owner association in perpetuity.
7) Prior to the issuance of a shell permit, provide th City with a recorded copy of the MUSP
permit resolution and development order, and further, an ex uted, record able unity of title or
covenant in lieu of unity of title agreement for the subject prop= y; said agreement shall be subject to
the review and approval of the City Attorney's Office.
8) Provide the Planning Department with a temporary const ction plan that includes the
following: a temporary construction parking plan, with an enforceme policy; a construction noise
management plan with an enforcement policy; and a maintenance pla for the temporary construction
site; said plan shall be subject to the review and approval by the Planni , Department prior to the
issuance of any building permits and shall be enforced during constructio activity. All construction
activity shall remain in full compliance with the provisions of the submitted •• nstruction plan; failure to
comply may lead. to a suspension or revocation of this Major Use. Special Pe it.
9) In so far as this Major Use Special Permit includes the subordinate a • •roval of a series of
Class I Special Permits for which specific details have not yet been developed or rovided, the
applicant shall provide the Planning Department with all subordinate Class I Speci Permit plans and
detailed requirements for final review and approval of each one prior to the issuanc of any of the
subordinate approvals required in order to carry out any of the requested activities an 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 interi plan,
including a landscape plan, which addresses design details for the land occupying future p ases of
this Project in the event that the future phases are not developed, said plan shall include a p •posed
timetable and shall be subject to review and approval by the Planning Director.
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File Number. 05-01515f
11) Pursuant to comments by the City of Miami Public Works Department, the applicant shall
mee he following conditions: (a) Re -platting of the land is required to close and vacate NE Bayshore
Court d portions of the Florida Department of Transportation (FOOT) right-of-way; (b) Pavement
restorati for all water and sewer extensions, existing damaged pavement and pavement damaged
during con ction, as determined by the City inspector, shall include milling and resurfacing of the full
pavement wi , curb to curb, along the entire length of the excavation and/or damaged pavement
area; (c) NE 8 ' . Street - Applicant shall replace all damaged and broken sidewalk, curb and gutter on
both sides of the eet adjacent to the project site and mill and resurface the entire width, curb to
curb, between NE = = shore Drive and NE Bayshore Court; (d) NE 79th Street and NE Bayshore Drive
- Coordinate any impr• ements with the Florida Department of Transportation.
12) Pursuant to des n related comments received by the Planning Director, the applicant shall
meet the following conditions. ontext/Urban Design - (a) Provide greater articulation for the rear of
the towers and the parking garae facing NE 80th Street and consider continuing the pattem of
window and balcony openings fro the facade in order to create a more attractive rear facade
elevation; (b) A permit is required fr• ' the Public Works Department for the vacating a public
right-of-way (portion of Bayshore Cou , and if granted, the applicant must show a public benefit. (c)
Provide a pedestrian access along the o • Bayshore Court axis and a Baywalk connecting 79th Street
to 80th Street and refer to the city's Bayw k/Riverwalk design standards for typical surface changes,
plantings, etc; (d) Include the site across th treet in the ground floor plan and surveys as this site is
transferring the development rights from the p •ffered site to the proposed development site and show
any improvements planned for this site; (e) Coo inate any planned improvements along 79th Street
with the FOOT regional office; Landscaping - (f) rovide a continuous canopy of shade trees along
the perimeter of the project. These shade trees sh be aligned close to the edge of the curb in the
public right of way (at no greater than 33' on center). alm trees may be utilized periodically as an
accent to the architecture of the building; (g) Submit a ndscape plan that specifies the species
(common and botanical names), sizes (height x spread d/or container size) at time of planting,
quantities, and proposed locations of all plant materials, a fisting and proposed. The landscape plan
shall include planting details and planting specifications; (h final landscape plan shall be submitted
for review and approval of the Planning Director prior to the i uance of a building permit; Parking
Garage - (i) Provide details of the garage facade and door alo 80th Street; (j) Consider adding
one-half level of underground parking and raising the site one-h f level; (k) Specify details of
proposed aluminum grills, louvers, Bahamian shutters, awning, et designed to hide the parking.
13 That the requested application for the Change of Zoning, a d the accompanying Future
Land Use Change on these properties are approved by the City Commi lion.
14) Within 90 days of the effective date of this Development Orde record a certified copy of
the Development Order specifying that the Development Order runs with the'. and 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 dat of its issuance;
the issuance date shall constitute the commencement of the thirty (30) day period to peal from the
provisions of the Permit.
CONCLUSIONS OF LAW
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File Number. 0-01515f
The P JECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood PI. , as amended, is consistent with the orderly development and goals of the City of
Miami, and complie with local land development regulations and further, pursuant to Section 1703 of
the Zoning Ordinance:
(1) the PRO _ CT will have a favorable impacton theeconomy of the City; and
(2) the PROJECT will efficiently use public transportation facilities; and
(3) the PROJEC will favorably affect the need for people to find adequate housing
reasonably acc-.sible to their places of employment; and
(4) the PROJECT wil -fficiently use necessary public facilities; and
(5) the PROJECT will negatively impact the environment and natural resources of
the City; and
(6) the PROJECT will not - aversely affect public safety; and
(7) the public welfare will be - -rved by the PROJECT; and
(8) any potentially adverse eff- is of the PROJECT will be mitigated through conditions
of this Major Use Special Pe it.
The proposed development does not unrea onably interfere with the achievement of the
objectives of the adopted State Land Developm it Plan applicable to the City of Miami.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at t e end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resoluti • , it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami
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