HomeMy WebLinkAboutR-07-0419City of Miami
Legislation
Resolution: R-07-0419
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00392mu Final Action Date: 7/26/2007
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 ALTOS POINTE PROJECT, TO BE LOCATED AT
APPROXIMATELY 501, 505 AND 575 SOUTHWEST 22ND AVENUE, 585-87
SOUTHWEST 22ND AVENUE, 2160 SOUTHWEST 5TH STREET, 2161
SOUTHWEST 6TH STREET AND 2143 SOUTHWEST 6TH STREET, MIAMI,
FLORIDA, TO CONSTRUCT AN APPROXIMATE 164 FEET WITH 4 INCHES OF
HEIGHT, (15-STORY) MIXED -USE STRUCTURE TO BE COMPRISED OF
APPROXIMATELY 163 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH
RECREATIONAL AMENITIES; APPROXIMATELY 8,733 SQUARE FEET OF RETAIL
SPACE; APPROXIMATELY 149,916 SQUARE FEET OF RESIDENTIAL FLOOR
AREA; APPROXIMATELY 14,991 SQUARE FEET OF ACCESSORY
CONVENIENCE FLOOR AREA, AND APPROXIMATELY 212 PARKING SPACES;
PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; MAKING
FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR
BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on March 7, 2007, Iris V. Escarra, Esquire, on behalf of Altos Pointe
Investments, LLC. (referred to as "APPLICANT"), submitted a complete Application for Major Use
Special Permit for Altos Pointe (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of
Zoning Ordinance No. 11000, for the properties located at approximately 501, 505 and 575
Southwest 22nd Avenue, 585-87 Southwest 22nd Avenue, 2160 Southwest 5th Street, 2161
Southwest 6th Street and 2143 Southwest 6th 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 January 17, 2007 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on February 21, 2007, to consider the
proposed project and recommended APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on May 16, 2007 Item No. 4,
following an advertised public hearing, adopted Resolution No. PAB 07-025 by a vote of eight to zero
(8-0), recommending APPROVAL with conditions as presented in the Major Use Special Permit
Development Order as attached and incorporated; and
City of Miami
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WHEREAS, the Miami Zoning Board, at its meeting held on April 23, 2007, Item No. 3, following
an advertised public hearing, adopted Resolution No. ZB 07-0038 by a vote of five to two (5-2),
recommending APPROVAL with conditions as presented in the Major Use Special Permit
Development Order as attached and incorporated; and
WHEREAS, the City Commission deems it advisable and in the best interest of the general
welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter
set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. A Major Use Special Permit Development Order, incorporated within, is approved
subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance
No. 11000, for the project to be developed by the Applicant, located at approximately 501, 505 and
575 Southwest 22nd Avenue, 585-87 Southwest 22nd Avenue, 2160 Southwest 5th Street, 2161
Southwest 6th Street and 2143 Southwest 6th Street, Miami, Florida, more particularly described on
"Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of an approximate 164 feet with 4
inches of height, (15-story) mixed -use structure to be comprised of approximately 163 total multifamily
residential units with recreational amenities; approximately 8,733 square feet of retail space;
approximately 149,916 square feet of residential floor area; approximately 14, 991 square feet of
accessory convenience floor area; approximately 212 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 C-2
(Liberal Commercial) 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 subject to the any
applicable conditions in the Development Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
(I) Site and Urban Planning:
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(1) Respond to the physical Yes. *Yes.
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Yes. *No.
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.
(II) Architecture and Landscape Architecture:
(1) A project shall be designed Yes. *No.
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood Yes. *No.
context;
(3) Create a transition in bulk Yes. *No.
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. *No.
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. *No.
facades. Where blank walls
are unavoidable, they should
receive design treatment.
(IV) Streetscape and Open Space:
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(1) Provide usable open space Yes. *Yes.
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant Yes. *No.
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
(V) Vehicular Access and Parking:
(1) Design for pedestrian and Yes. *Yes.
vehicular safety to minimize
conflict points;
(2) Minimize the number and Yes. *Yes.
width of driveways and curb
cuts;
(3) Parking adjacent to a street Yes. *Yes.
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas Yes. *N/A.
as district buffer.
(VI) Screening:
(1) Provide landscaping that Yes. *No.
screen undesirable elements,
such as surface parking lots,
and that enhances space and
architecture;
(2) Building sites should locate Yes. *Yes.
service elements like trash
dumpster, loading docks, and
mechanical equipment away
from street front where possible.
When elements such as
dumpsters, utility meters,
mechanical units and service
areas cannot be located away
from the street front they should
be situated and screened from
view to street and adjacent
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properties;
(3) Screen parking garage Yes. *No.
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. **N/A.
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes. **N/A.
feature to the building facade,
on and around landscape
areas, special building or
site features, and/or signage;
(3) Orient outside lighting to Yes. **N/A.
minimize glare to adjacent
properties;
(4) Provide visible signage Yes. **N/A.
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
(VIII) Preservation of Natural Features:
(1) Preserve existing vegetation Yes. **N/A.
and/or geological features
whenever possible.
(IX) Modification of Nonconformities:
(1) For modifications of Yes. **N/A.
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform Yes. **N/A.
to current regulations shall be
designed to conform to the scale
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and context of the nonconforming
structure.
*Compliance is subject to conditions.
** Not applicable at this time, subject to review and approval.
These findings have been made by the City Commission to approve this project with conditions.
d. The PROJECT is expected to cost approximately $168,419,201, and to employ approximately
159 workers during construction (FTE-Full Time Employees); The project will also result in the
creation of approximately 13 permanent new jobs (FTE) for building operations and will generate
approximately $790,911 annually in tax revenues to the City (2006 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the economy of the City;
(2) the PROJECT will efficiently use public transportation facilities;
(3) any potentially adverse effects of the PROJECT will be mitigated through compliance with
the conditions of this Major Use Special Permit;
(4) the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment;
(5) the PROJECT will efficiently use necessary public facilities;
(6) the PROJECT will not negatively impact the environment and natural resources of the City;
(7) the PROJECT will not adversely affect living conditions in the neighborhood;
(8) the PROJECT will not adversely affect public safety;
(9) based on the record presented and evidence presented, the public welfare will be served
by the PROJECT; and
(10) any potentially adverse effects of the PROJECT arising from safety and security, fire
protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority
participation and employment, and minority contractor/subcontractor participation will be mitigated
through compliance with the conditions of this Major Use Special Permit.
Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon
the APPLICANT and any successors in interest.
Section 7. The application for Major Use Special Permit, which was submitted on June 9,
2006, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon
generally for administrative interpretations and is incorporated by reference.
Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of
this Resolution and attachment to the APPLICANT.
Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project
as described in the Development Order for the PROJECT, incorporated within.
Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and
issued.
Section 11. In the event that any portion or section of this Resolution or the Development Order
is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction,
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such decision shall in no manner affect the remaining portions of this Resolution or Development
Order which shall remain in full force and effect.
Section 12. The provisions approved for this Major Use Special Permit, as approved, shall
commence and become operative thirty (30) days after the adoption of the Resolution.
Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its
commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1 }
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 9, 13 and 17 of Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the
City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit
for Altos Pointe (hereinafter referred to as the "PROJECT") to be located at approximately 501, 505
and 575 Southwest 22nd Avenue, 585-87 Southwest 22nd Avenue, 2160 Southwest 5th Street, 2161
Southwest 6th Street and 2143 Southwest 6th 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 501, 505
and 575 Southwest 22nd Avenue, 585-87 Southwest 22nd Avenue, 2160 Southwest 5th Street, 2161
Southwest 6th Street and 2143 Southwest 6th Street, Miami, Florida. The PROJECT is located on a
gross lot area of approximately 1.47± acres and a net lot area of approximately .986± acres of land
(more specifically described on "Exhibit A", incorporated herein by reference). The remainder of the
PROJECT's Data Sheet is attached and incorporated as "Exhibit B".
The proposed PROJECT will be an approximate 164 feet with 4 inches of height, (15-story)
structure to be comprised of approximately 163 total multifamily residential units with recreational
amenities; approximately 8,733 square feet of retail space; approximately 149,916 square feet of
residential floor area; approximately 14,991 square feet of accessory convenience floor area and
approximately 212 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:
City of Miami
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MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (8) and
ARTICLE 9, Section 914, Sub -Section 914.1 Dwelling unit, square footage, and off-street parking
bonuses for contribution to Affordable Housing Trust Fund; exceptions, to allow an increase up to
twenty (25) percent of additional floor area as a development bonus of approximately 27,568.59
square feet, the user shall make a non-refundable bonus developer contribution of an amount of
$341,850.52 to the Affordable Housing Trust Fund administered by the City of Miami;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (9) and
ARTICLE 5, Sect. 502. PUD districts; minimum area, maximum densities and maximum floor area
ratios permitted (a)(c), to allow up to 20 % increase of floor area ratio, for an increase of
approximately 22,054.87 square feet of floor area;
SPECIAL EXCEPTION, as per Article 9, Section 917.7.2, Reduction in parking requirement for
multifamily residential development when located in Community Revitalization Districts (CRD), to
allow reduction to 44 two (2) bedroom units to permit one (1) parking space per unit as follows;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, C-1 Restricted Commercial, Class
II Special Permits required, to allow an increase of the maximum allowed footprint of 40 % the Gross
Lot Area to 60% GLA;
CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512. Class II Special Permit
required for waiver of design standard and guidelines, to allow a waiver of City of Miami Off-street
Parking Guides & Standards, only for reduction of required backup distance in driveway isles from 23
feet to 22 feet;
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;
Required number of loading berth: Three (3) 12 feet wide x 35 feet long x 15 feet high
Proposed number of loading berth: One (1) 12 feet wide x 35 feet long x 15 feet high
Four (4) 10 feet wide x 20 feet long x 15 feet high
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, to allow access driveway width
greater than twenty five (25) feet from a public street roadway;
CLASS II 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
City of Miami
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ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2. Temporary
off-street offsite parking for construction crews, criteria, to allow temporary off-street offsite parking for
construction crews working on a commercial -residential project under construction;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub -Section 920.1.2. Limitations
on occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes,
when authorized for security or other purposes in connection with land development such as
construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing
and sales centers;
CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.5, Sub -Section 10.5.4.3, C-1
Restricted Commercial, Temporary Signs (3), to allow temporary development signs;
REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a)
permitting the operation of construction equipment exceeding the sound level of a reading of 0.79
weighted average dBA at any time and/or day subject to the City Manager Exception pursuant to
Section 36-6 (c) and all the applicable criteria;
REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be
required at the time of issuance of Shell Permit instead of at issuance of Foundation Permit:
The requirement to record in the Public Records a Declaration of Covenants and/or
Restrictions providing that the ownership, operation and maintenance of all common areas and
facilities will be by the property owner and/or a mandatory property owner association;
And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a
Unity of Title. The Applicant will revise the covenant, which Applicant shall record, to include the
covenant that reflects plans on file at the time of City Commission approval.
Pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance 11000, approval of the requested
Major Use Special Permit shall be considered sufficient for the subordinate permits requested and
referenced above as well as any other special approvals required by the City which may be required
to carry out the requested plans.
The PROJECT shall be constructed substantially in accordance with plans and design
schematics on file prepared by Behar Font & Partners, signed and dated February 7, 2007; said
design may be permitted to be modified only to the extent necessary to comply with the conditions for
approval imposed herein; all modifications shall be subject to the review and approval of the Planning
Director prior to the issuance of any building permits.
The PROJECT conforms to the requirements of the proposed C-1 (Restricted Commercial)
zoning classification, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of
Miami, Florida, as amended. The proposed comprehensive plan future land use designation on the
subject property allows the proposed uses.
City of Miami
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CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY,
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE
FOLLOWING:
1) Meet all applicable building codes, land development regulations, ordinances and other
laws and pay all applicable fees due prior to the issuance of a building permit including the required
Affordable Housing Trust fund contribution of $12.40 per square foot for any applicable FAR increase
sought under those provisions.
2) Allow the Miami Police Department to conduct a security survey, at the option of the
Department, and to make recommendations concerning security measures and systems; further
submit a report to the Planning Department, prior to commencement of construction, demonstrating
how the Police Department recommendations, if any, have been incorporated into the PROJECT
security and construction plans, or demonstrate to the Planning Director why such recommendations
are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating
APPLICANTS coordination with members of the Fire Plan Review Section at the Department of
Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development
process and review procedures, as well as specific requirements for fire protection and life safety
systems, exiting, vehicular access and water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste
that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a
shell permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for
Development Approval, with the understanding that the APPLICANT must use its best efforts to follow
the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide.
6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of
a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and
Restrictions providing that the ownership, operation and maintenance of all common areas and
facilities will be by the property owner or a mandatory property owner association in perpetuity.
7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP
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
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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 design related comments received by the Planning Director, the applicant shall
meet the following conditions: (a) Additional information on the materials used on all sides of the
bulding, particularly the garage screening and the frame details, garage gates, balconies and glass;
(b) Provide turning radius details for loading and check the required dimensions for the proposed
loading berths; (c) Clarify the proposed sidewalk and R.O.W. improvements along S.W. 22nd
Avenue. Continue to develop this frontage, as well as S.W. 5th and 6th Streets, to include a
continuous curb and gutter, pedestrian sidewalk, and oortunitiesfor shde trees; (d) Articulate the
pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas. Aieve thi
byproviding a sidewalk with a consistent pattern and height that continues across vehicular areas; (e)
Provide a compete tree survey of existing conditions including species, dameter and spread including
all trees in the right-of-way. Please refer to the City of Miami tree protection ordinance passed in
January 2005 and indicate how tree mitigation will be achieved. Please note that the City calculates
tree replacement by the "sum of inches" of tree trunk at breast height, while the county uses square
footage of tree canopy; (f) Provide a continuous canopy of shade trees to provde comfort for
pedestrians along all street frontages. These shadeeesall b lined los to theedge of the cur in the
public right of way (at no greater than 33' on center) to provide a buffer for pedestrians from vehicular
traffic; (g) Submit a landscape plan that specifies the species and proposed locations of all plant
materials. Also, the proposed landscaping, to the east, needs to be layered in order to provide a
buffer with an appropriate transition towards the R-3 zoning.
12) Pursuant to comments by the City of Miami Public Works Department, the following
conditions shall be required of the applicant: a) Replatting of the land is required in order to obtain
building permits; (b) SW 5th Street - Construct new sidewalk, curb and gutter and pavement on the
south half of the roadway adjacent to the project site. Install a storm water drainage system (French
drain) within S.W. 5th Street at the easterly limit of the project site; (c) SW 6th Street - Construct new
sidewalk, curb and gutter and pavement on the north half of the roadway adjacent to the project; (d)
SW 22nd Avenue - Replace any damaged sidewalk and curb and gutter adjacent to the project site.
13) Prior to the issuance of a building permit, the applicant shall submit a letter of approval of
the proposed height from the Miami -Dade County Aviation Department.
14) A development bonus to permit a mixed use of 27,568.59 square feet of floor area shall
require a non-refundable payment to the Affordable Housing Trust Fund of an amount of $12.40 per
square foot for a total of $687,838.78.
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15) Within 90 days of the effective date of this Development Order, record a certified copy of
the Development Order specifying that the Development Order runs with the land and is binding on
the Applicant, its successors, and assigns, jointly or severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date of its issuance;
the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the
provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of
Miami, and complies with local land development regulations and further, pursuant to Section 1703 of
the Zoning Ordinance:
(1) the PROJECT will have a favorable impact on the economy of the City; and
(2) the PROJECT will efficiently use public transportation facilities; and
(3) the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment; and
(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural resources of the
City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be mitigated through conditions of
this Major Use Special Permit.
The proposed development does not unreasonably interfere with the achievement of the objectives of
the adopted State Land Development Plan applicable to the City of Miami.
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of
ten calendar days from the date it was passed and adopted. If the Mayor vetoes this
Resolution, it shall become effective immediately upon override of the veto by the City
Commission.
immediately upon override of the veto by the City Commission.
City of Miami
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