HomeMy WebLinkAboutR-07-0545City of Miami
Legislation
Resolution: R-07-0545
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-01049mm Final Action Date: 9/27/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR
USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13, 17 AND 22 OF ZONING
ORDINANCE NO. 11000, AS AMENDED, FOR THE VILLA PATRICIA PROJECT, TO
BE LOCATED AT APPROXIMATELY 234-42 NORTHEAST 79TH STREET, 7811,
7815, 7823, 7827 AND 7831 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, TO
CONSTRUCT A MULTI -PHASE PROJECT WITH STRUCTURES OF
APPROXIMATELY 111 FOOT, 12 STORY, 129 FOOT, 14 STORY AND 93 FOOT, 10
STORY HIGH BUILDINGS TO BE COMPRISED OF APPROXIMATELY 339 TOTAL
MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES;
APPROXIMATELY 1,300 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY
2,207 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 254 TOTAL
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 June 5, 2007, N. Patrick Range, on behalf of BHG-79th St. LLC, Villa Patricia
Phase II, LLC and Villa Patricia Phase III, LLC Lessees and Lubins Development Corp., owners
(referred to as "APPLICANT"), submitted a complete Application for a Substantial Amendment to
Major Use Special Permit for 234-242 NE 79th Street, 7811, 7815, 7823, 7827 and 7831 NE 2nd
Avenue. Substantial Modification project (referred to as "PROJECT") pursuant to Articles 5, 9, 13, 17
and 22 of Zoning Ordinance No. 11000, for the properties located at approximately 234-242 NE 79th
Street, 7811, 7815, 7823, 7827 and 7831 NE 2nd 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 June 14, 2005 to consider the
substantial modification to the previously approved Villa Patricia MUSP project; and
WHEREAS, the Urban Development Review Board met on July 20, 2005, to consider the
proposed project an recommended APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 18, 2007 Item No. 3,
following an advertised public hearing, adopted Resolution No. PAB 07-030 by a vote of six to zero (6
-0), recommending APPROVAL WITH CONDITIONS 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 Substantial Amendment to Major Use Special Permit
City of Miami
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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 Substantial Amendment to 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 234-242 NE 79th Street, 7811, 7815, 7823, 7827 and 7831 NE 2nd Avenue, Miami,
Florida, more particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of a multi -phase project with
structures of approximately 111 foot, 12 story, 129 foot, 14 story and 93 foot, 10 story high buidings to
be comprised of approximately 339 total multifamily residential units with recreational amenities;
approximately 1,300 square feet of office space; approximately 2,207 square feet of retail space; and
approximately 254 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 C-1 (Restricted Commercial) zoning classification of
Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended.
c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT that have been found by the City Commission (based upon facts and reports prepared or
submitted by staff or others) to adhere to the following Design Review Criteria subject to the any
applicable conditions in the Development Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
(I) Site and Urban Planning:
(1) Respond to the physical Yes. *Yes.
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Yes. *yes.
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner lots Yes. *Yes.
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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. *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. *No.
facades. Where blank walls
are unavoidable, they should
receive design treatment.
(IV) Streetscape and Open Space:
(1) Provide usable open space Yes. *Yes.
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant Yes. *Yes.
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
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(V) Vehicular Access and Parking:
(1) Design for pedestrian and Yes. *Yes.
vehicular safety to minimize
conflict points;
(2) Minimize the number and Yes. *Yes.
width of driveways and curb
cuts;
(3) Parking adjacent to a street Yes. *Yes.
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas Yes. *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
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:
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(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. *Yes.
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. *Yes.
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
*Compliance is subject to conditions.
** Not applicable at this time.
These findings have been made by the City Commission to approve this project with conditions.
d. The PROJECT is expected to cost approximately $65,389,126, and to employ approximately
166 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the
creation of approximately 7 permanent new jobs (FTE). The PROJECT will generate approximately
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$443,162 annually in tax revenues to the City (2009 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 Substantial Modification of the previously approved Major Use
Special Permit, which was submitted on May 30, 2007, 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.
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Section 14. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.
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 Villa Patricia, (hereinafter referred to as the "PROJECT") to be located at approximately 234-242
NE 79 Street; and 7811-7831 NE 2 Avenue, 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 234-242 NE
79 Street; and 7811-7831 NE 2 Avenue, Miami, Florida. The PROJECT is located on a gross lot area
of approximately 3.01± acres and a net lot area of approximately 2.42± 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 a multi -phase project with structures of approximately 111 foot,
12 story, 129 foot, 14 story and 93 foot, 10 story high buidings to be comprised of approximately 339
total multifamily residential units with recreational amenities; approximately 1,300 square feet of office
space; approximately 2,207 square feet of retail space; and approximately 254 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 PERMIT, as per ARTICLE 17. Section 1701. Definition (9), and ARTICLE 5.
Section 502, PUD districts; minimum area, maximum densities and maximum floor area ratios
permitted (a)(c), to allow to 6.1% increase of floor area ratio, for an increase approximately 13,785.09
square feet of floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for a residential
development involving three hundred thirty nine (339) units;
City of Miami
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The Major Use Special Permit encompasses the following Special Permits and Requests:
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 in dimensions of two (2) loading berths dimensions in Phase III as
follow:
Required: Two (2) 12' wide x 35' long x 15' high
Proposed: Two (2) 10' wide x 20' long x 15' high
CLASS II SPECIAL PERMIT, as per Article 9, Section 917.5, Parking requirements for housing for the
elderly (PHASE I, II and III), by Class II Special Permit; limitations, to allow a reduction of required
parking spaces to a minimum of one (1) parking space for every two (2) dwelling units which in this
case a minimum of One hundred Sixty Seven (167) parking spaces shall be provided;
Required: 334 parking spaces (100%)
Proposed: 167 parking spaces (50%)
Request to be waived: 167 parking spaces (50%)
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Class II Special Permit required for
waived of design standard and guidelines to allow a waiver of City of Miami Offstreet Parking Guides
and Standards requirement of one (1) additional foot in stall dimension where the side of any stall
abuts a wall, column, fence, building, or other physical obstruction, to allow the minimum stall width
dimension of 8'-6" from face of any obstruction to the center line of the parking striping;
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 groundbreaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9. Section 918. Sub -Section 918.2. Temporary off-street
offsite parking for construction crews, criteria, to allow temporary off-street offsite parking, for
construction crews working on a residential project under construction, within R-4 or more permissive
zoning district;
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.
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CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.5, Sub -Section 10.5.4.3 (1) C-1
Restricted Commercial District, Temporary Signs (1), to allow temporary development sign;
REQUEST as per Article 25, Section 2502 Definition, to be qualified as a phased project by the
Director of the Planning Department as established in Article 17, Section 1701 (11).
Pursuant to Articles 5, 13, 17 and 22 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 Corwil Architects, dated May 7, 2007; the landscape plan shall be implemented
substantially in accordance with plans and design schematics on file prepared by Witkin Design
Group, dated October 27, 2006; said design and landscape plans may be permitted to be modified
only to the extent necessary to comply with the conditions for approval imposed herein; all
modifications shall be subject to the review and approval of the Planning Director prior to the
issuance of any building permits; and
The PROJECT conforms to the requirements of the C-1 (Restricted Commercial) zoning
classification, 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 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.
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4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste
that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a
shell permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for
Development Approval, with the understanding that the APPLICANT must use its best efforts to follow
the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide.
6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of
a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and
Restrictions providing that the ownership, operation and maintenance of all common areas and
facilities will be by the property owner or a mandatory property owner association in perpetuity.
7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP
permit resolution and development order, and further, an executed, record able unity of title or
covenant in lieu of unity of title agreement for the subject property; said agreement shall be subject to
the review and approval of the City Attorney's Office.
8) Provide the Planning Department with a temporary construction plan that includes the
following: a temporary construction parking plan, with an enforcement policy; a construction noise
management plan with an enforcement policy; and a maintenance plan for the temporary construction
site; said plan shall be subject to the review and approval by the Planning Department prior to the
issuance of any building permits and shall be enforced during construction activity. All construction
activity shall remain in full compliance with the provisions of the submitted construction plan; failure to
comply may lead to a suspension or revocation of this Major Use Special Permit.
9) In so far as this Major Use Special Permit includes the subordinate approval of a series of
Class I 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) Provide all elevations of all the buildings and details of the materials
proposed to cover the garage openings for review and approval of the Planning Director prior to the
issuance of a building permit. (b) Indicate how all vehicles and mechanical systems within the garage
will be concealed from view, and (c) A final landscape plan shall be submitted for review and approval
of the Planning Director prior to the issuance of a building permit.
12) Pursuant to comments by the City of Miami Public Works Department, the applicant shall
meet the following conditions: (a) Platting of the property shall be required prior to obtaining building
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permits; (b) Applicant shall replace all damaged and broken sidewalk, curb and gutter on both sides
of NE 78th Street and NE 2nd Avenue for the entire block; and (c) Construct new sidewalk in the
additional 5 foot dedicated right of way.
13) 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 potentia adverse effets of the PROJE will be mitigted through conditions of thi
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.
Pursuant to Section 1305 of the Zoning Ordinance, the specific site plan aspects of the PROJECT
i.e., ingress and egress, off-street parking and loading, refuse and service areas, signs and lighting,
utilities, drainage and control of potentially adverse effects generally have been considered and will
be further considered administratively during the process of issuing individual building permits and
certificates of occupancy.
Footnotes:
City of Miami
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If the Mayor does not sign this Resolution, it shall become effective at the end of ten
calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective immediately upon override
of the veto by the City Commission.
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