HomeMy WebLinkAbout09-05-07 PABLEGISTAR FILE ID: 07-00933mu
APPLICANT
REQUEST/LOCATION
COMMISSION DISTRICT
ZONING DISTRICT(S)
SITE AREA
LEGAL DESCRIPTION
PETITION
PLANNING
RECOMMENDATION
BACKGROUND AND
ANALYSIS
PLANNING ADVISORY BOARD
CITY COMMISSION
PLANNING FACT SHEET
September 5, 2007 Item # 5
Arthur Noriega, Executive Director of the Miami Parking
Authority.
Consideration of a Major Use Special Permit for the
COURTHOUSE CENTER PARKING GARAGE project,
located at 240 N. Miami Avenue. [Downtown NET District]
2
CBD: Central Business District
1.66± acres (Gross) and 0.78± acres (Net)
See supporting documentation
Consideration of a Resolution, approving with conditions, a
Major Use Special Permit pursuant to Articles 13 and 17 of
Zoning Ordinance No. 11000, as amended, for the
COURTHOUSE CENTER PARKING GARAGE at 240 N.
Miami Avenue will be comprised of a Parking Garage
Structure with 314,089 square feet of parking floor area,
4,043 square feet of retail floor area and 40,878 square
feet of office floor area. The building structure will have a
maximum height of 169 feet 0 inches AMSL at top of
building feature. The proposed project will provide a total
of 852 parking spaces of which 5 parking spaces will be for
retail use, 31 parking spaces will be for office use, and 816
parking spaces will be to service the needs of the general
public.
APPROVAL with conditions
See supporting documentation
VOTE:
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1500
Date Printed: 8/24/2007 Page 1
ANALYSIS
MAJOR USE SPECIAL PERMIT
for
Courthouse Center Parking Garage MUSP
located at
240 N. Miami Avenue. [Downtown NET District]
FILE ID: 07-00933mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Courthouse Center Parking Garage project, located
at 240 N. Miami Avenue. [Downtown NET District], Miami, Florida, has been reviewed to
allow a Major Use Special Permit per Articles 13 and 17, to construct a mixed use
structure comprised of a parking garage with 314,089 square feet of parking floor area,
4,043 square feet of retail floor area and 40,878 square feet of office floor area. The
building structure will have a maximum height of 169 feet 0 inches AMSL at top of
building feature. The proposed project will provide a total of 852 parking spaces of which
5 parking spaces will be for retail use, 31 parking spaces will be for office use, and 816
parking spaces will be to service the needs of the general public.
Pursuant to Zoning Ordinance 11000, as amended, Supplement 17, the Zoning
Ordinance of the City of Miami, Florida, the subject proposal for COURTHOUSE
CENTER PARKING GARAGE at 240 NORTH MIAMI AVENUE, Miami, Florida, has
been submitted and reviewed to allow an application for Major Use Special Permit,
subject to all applicable criteria;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (2), to
allow a Non-residential Use involving in excess of two hundred thousand (200,000)
square feet of floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (7), for
any single use or combination of uses requiring or proposing to provide in excess of five
hundred (500) off-street parking spaces;
The Major Use Special Permit encompasses the following Special Permits and
Requests:
CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, Class II Special Permits,
to allow erection of any new building in CBD district;
CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, Class II Special Permits,
to allow erection of parking garages subject to the criteria and limitations of Section 14-
71 of the City Code;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927. 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;
07-00933mu
Page 1 of 5
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, 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 916.2.1. Temporary special
event parking, to allow parking for temporary special event such as ground breaking
ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-
street offsite parking, for construction crews working on a residential -commercial project
under construction, within CBD or more permissive zoning district;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow 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 10.5.4.5, CBD-Central
Business District 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.
In determining the appropriateness of the proposed project, the Planning
Department has referred this project to the Large Scale Development Committee
(LSDC) and the Planning Internal Design Review Committee for additional input
and recommendations; the following findings have been made:
• It is found that the proposed development project will benefit the area by creating
additional parking spaces in the Downtown NET District, serving existing as well as
future projects within the vicinity of North by: northwest 5th Street; at South at: West
Flagler Street; at East by: Northeast 1st Avenue and at West by Northwest 1st
Avenue, and foreseeable serving soon to a bigger area.
• It is found that the proposed project is located along a Primary Pedestrian Pathway.
• It is found that the proposed project is not located within an Archeological
Conservation area.
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• It is found that the total combined floor area without bonuses for the 1.66± gross acre
site is 359,010 sf and the allow Floor Area Ratio (FAR) is unlimited
• It is found that the maximum height of the proposed structure is approximately 169
feet (AMLS). Pursuant to Article 4, Section 401, there are no height limits in the
proposed CBD (Central business District).
• It is found that the proposed total number of parking spaces are 852 of which 36 are
designated for retail and office uses and the remainder (816 parking spaces) are for
a public use.
• It is found that the proposed open space for the project (36,610 square feet) is above
the minimum required open space (6,180 square feet) for this project.
• It is found that the project is expected to cost approximately $50,749,441, and to
employ approximately 80 workers during construction (FTE-Full Time Employees);
the project will also result in the creation of approximately 5 permanent new jobs
(FTE) for building.
• It is found that the Large Scale Development Committee reviewed the project on
December 13, 2006 to address the expressed technical concerns raised at said
Large Scale Development Committee meeting.
• It is found that on November 29, 2006, the Miami -Dade Aviation Department
provided a Height Analysis review of the proposed project and found that it was not
necessary to file with FAA. Even though the height went form 152 feet to 169 fee, is
still under 200 feet which is the threshold to file with the Federal Aviation
Administration (FAA) Form 7460-1. In addition, construction cranes for this project
exceeding 200 feet in height must be filed using the said form.
• It is found that on November 20, 2006 the City of Miami Public Works Department
provided a review of the project and commented the following street improvements
shall be required: (a) N.W. 2 street, N.W. 3 Street and North Miami Avenue —
Replace all damaged and broken sidewalk, curb and gutter adjacent to the project
site.
• It is found that the proposed project was reviewed by the Internal Design Review
Committee of the Planning Department on January 16, 2007, and the following
revised pertinent comments were made: Architecture (1) Provide details of how the
material will be attached to the building structure; (2) Break up the monotony of the
elevations as they are viewed from NW 2nd and 3rd Street (consider the use of
alternative screening materials on the North and South elevations).
• It is found that on July 02, 2007, the City's Traffic Consultant, URS Corp., provided a
review (W.O. # 171) of the Traffic Impact Analysis submitted by the applicant and
has found the traffic analysis sufficient.
• It is found that with respect to all additional criteria as specified in Section 1305.2 of
Zoning Ordinance 11000, the proposal has been found to adhere to the following
Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and Landscape
Architecture; (3) Pedestrian Oriented Development; (4) Streets and Open Space; (5)
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Vehicular Access and Parking; (6) Screening; (7) Signage and lighting; (8)
Preservation of Natural Features; and (9) Modification of Nonconformities.
Based on these findings, the Planning Department is recommending approval of
the requested Development Project with the following conditions:
1) Meet all applicable building codes, land development regulations, ordinances
and other laws and pay all applicable fees due prior 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 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/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.
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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: Architecture (a) Provide details of how the
proposed screening material along the North and South facades will be attached to the
building structure; (b) The monotony of the elevations needs to be broken up in order to
improve them, as they are viewed from NW 2nd and 3rd Street (consider the use of
alternative screening materials on the North and South elevations).
12) Pursuant to comments by the City of Miami Public Works Department, the
following street improvements shall be required: (a) N.W. 2 street, N.W. 3 Street and
North Miami Avenue — Replace all damaged and broken sidewalk, curb and gutter
adjacent to the project site.
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.
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City of Miami
Legislation
Resolution
City Hall
3500 Pan
American Drive
Miami, FL 33133
www.miamiciov.com
File Number: 07-00933mu Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO
ARTICLES 13, AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR
THE COURTHOUSE CENTER PARKING GARAGE PROJECT, LOCATED AT 240 N.
MIAMI AVENUE. [DOWNTOWN NET DISTRICT], MIAMI, FLORIDA, TO CONSTRUCT
A MIXED USE STRUCTURE COMPRISED OF A PARKING GARAGE STRUCTURE
WITH 314,089 SQUARE FEET OF PARKING FLOOR AREA, 4,043 SQUARE FEET OF
RETAIL FLOOR AREA AND 40,878 SQUARE FEET OF OFFICE FLOOR AREA. THE
BUILDING STRUCTURE WILL HAVE A MAXIMUM HEIGHT OF 169 FEET 0 INCHES
AMSL AT TOP OF BUILDING FEATURE. THE PROPOSED PROJECT WILL PROVIDE
A TOTAL OF 852 PARKING SPACES OF WHICH 5 PARKING SPACES WILL BE FOR
RETAIL USE, 31 PARKING SPACES WILL BE FOR OFFICE USE, AND 816 PARKING
SPACES WILL BE TO SERVICE THE NEEDS OF THE GENERAL PUBLIC; 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 28, 2007, Arthur Noriega, Executive Director of the Miami
Parking Authority, on behalf of the Miami Parking Authority (referred to as
"APPLICANT"), submitted a complete Application for Major Use Special Permit for the
Courthouse Center Parking Garage (referred to as "PROJECT") pursuant to Articles
13 and 17 of Zoning Ordinance No. 11000, for the property located at 240 N. Miami
Avenue, Miami, Florida, as legally described in "Exhibit A", attached and incorporated;
and
WHEREAS, development of the Project requires the issuance of a Major Use
Special Permit pursuant to Article 13 of Zoning Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended; 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 December 13,
2006 to consider the proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on May 16, 2007, to
consider the proposed project and recommended APPROVAL with conditions; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on
September 5, 2007 Item No. 6, following an advertised public hearing, adopted
Resolution No. PAB *-* by a vote of --- to --- (*-*), recommending with conditions
City of Miami Page 1 of 10 Printed On: 8/28/2007
File Number: 06-02072mu
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 240 N. Miami Avenue, Miami, Florida, more particularly described
on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of a mixed use
structure comprised of a parking garage structure with 314,089 square feet of parking floor
area, 4,043 square feet of retail floor area and 40,878 square feet of office floor area. the
building structure will have a maximum height of 169 feet 0 inches AMSL at top of building
feature. the proposed project will provide a total of 852 parking spaces of which 5 parking
spaces will be for retail use, 31 parking spaces will be for office use, and 816 parking
spaces will be to service the needs of the general public
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 CBD-6 (Central Business
District) 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 contextual environment Yes Yes
taking into consideration urban form and natural
features;
(2) Siting should minimize the impact of automobile Yes Yes
parking and driveways on the pedestrian
environment and adjacent properties;
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File Number: 06-02072mu
(3) Buildings on corner lots should be oriented to the Yes Yes
corner and public street fronts
II) Architecture and Landscape Architecture:
(1) A project shall be designed to comply with all Yes No
applicable landscape ordinances;
(2) Respond to the neighborhood context; Yes Yes
(3) Create a transition in bulk and scale; Yes Yes
(4) Use architectural styles and details (such as roof Yes Yes
lines and fenestration), colors and materials
derivative from surrounding area;
(5) Articulate the building facade vertically and Yes Yes
horizontally in intervals that conform to the
existing structures in the vicinity.
III) Pedestrian Oriented Development:
(1) Promote pedestrian interaction; Yes Yes
(2) Design facades that respond primarily to the Yes Yes
human scale;
(3) Provide active, not blank facades. Where blank Yes No
walls are unavoidable, they should receive design
treatment.
IV) Streetscape and Open Space:
(1) Provide usable open space that allows for Yes Yes
convenient and visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant material, trellises, Yes No
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 vehicular safety to Yes Yes
minimize conflict points;
(2) Minimize the number and width of driveways and Yes Yes
curb cuts;
(3) Parking adjacent to a street front should be Yes Yes
minimized and where possible should be located
behind the building;
(4) Use surface parking areas as district buffer. Yes N/A
VI) Screening:
(1) Provide landscaping that screen undesirable Yes N/A
elements, such as surface parking lots, and that
enhances space and architecture;
(2) Building sites should locate service elements like Yes Yes
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File Number: 06-02072mu
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 structures with program Yes Yes
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 for the scale and Yes N/A**
character of the project and immediate
neig hborhood;
(2) Provide lighting as a design feature to the Yes N/A**
building facade, on and around landscape areas,
special building or site features, and/or signage;
(3) Orient outside lighting to minimize glare to Yes N/A**
adjacent properties;
(4) Provide visible signage identifying building Yes N/A**
addresses at the entrance(s) as a functional and
aesthetic consideration.
VIII) Preservation of Natural Features:
(1) Preserve existing vegetation and/or geological Yes No
features whenever possible.
IX) Modification of Nonconformities:
(1) For modifications of nonconforming structures, no N/A N/A
increase in the degree of nonconformity shall be
allowed;
(2) Modifications that conform to current regulations N/A N/A
shall be designed to conform to the scale 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 $50,749,441, and to
employ approximately 80 workers during construction (FTE-Full Time Employees); The
project will also result in the creation of approximately 5 permanent new jobs (FTE) for
building operations.
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File Number: 06-02072mu
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 28, 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. {1}
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 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 the Courthouse Center Parking Garage
(referred to as "PROJECT") pursuant to Articles 13 and 17 of Zoning Ordinance
No. 11000, for the property located at 240 N. Miami 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 240 N.
Miami Avenue, Miami, Florida. The PROJECT is located on a gross lot area of
approximately 1.66± acres and a net lot area of approximately .78± 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 mixed use structure comprised of a parking garage
structure with 314,089 square feet of parking floor area, 4,043 square feet of retail floor
area and 40,878 square feet of office floor area. The building structure will have a
maximum height of 169 feet 0 inches AMSL at top of building feature. The proposed
project will provide a total of 852 parking spaces of which 5 parking spaces will be for retail
use, 31 parking spaces will be for office use, and 816 parking spaces will be to service the
needs of the general public.
The Major Use Special Permit Application for the PROJECT also encompasses the
following lower ranking Special Permits:
MAJOR USE SPECIAL PERMITS
Pursuant to Zoning Ordinance 11000, as amended, Supplement 17, the Zoning
Ordinance of the City of Miami, Florida, the subject proposal for Courthouse Center
Parking Garage at 240 NORTH MIAMI AVENUE, Miami, Florida, has been submitted
and reviewed to allow an application for Major Use Special Permit, subject to all
applicable criteria;
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File Number: 06-02072mu
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (2), to
allow a Non-residential Use involving in excess of two hundred thousand (200,000)
square feet of floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (7), for
any single use or combination of uses requiring or proposing to provide in excess of five
hundred (500) off-street parking spaces;
The Major Use Special Permit encompasses the following Special Permits and
Requests:
CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, Class II Special Permits,
to allow erection of any new building in CBD district;
CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, Class II Special Permits,
to allow erection of parking garages subject to the criteria and limitations of Section 14-
71 of the City Code;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927. 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 906.9, 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 916.2.1. Temporary special
event parking, to allow parking for temporary special event such as ground breaking
ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-
street offsite parking, for construction crews working on a residential -commercial project
under construction, within CBD or more permissive zoning district;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow 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 10.5.4.5, CBD-Central
Business District 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:
City of Miami Page 7 of 10 Printed On: 8/28/2007
File Number: 06-02072mu
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.
Pursuant to Articles 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 Tim Haahs Engieers & Architects, dated June 28,
2007; a complete landscape plan with specifications shall be presented to the Planning
Director for review and approval prior to the issuance of any building permits; and
The PROJECT conforms to the requirements of the proposed CBD (Central
Business District) 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.
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 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
City of Miami Page 8 of 10 Printed On: 8/28/2007
File Number: 06-02072mu
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: Architecture (a) Provide details of how the
proposed screening material along the North and South facades will be attached to the
building structure; (b) The monotony of the elevations needs to be broken up in order to
improve them, as they are viewed from NW 2nd and 3rd Street (consider the use of
alternative screening materials on the North and South elevations) and provide the plan
to Planning Department with final solution of elevations to be review and approved.
12) Pursuant to comments by the City of Miami Public Works Department, the
following street improvements shall be required: (a) N.W. 2 street, N.W. 3 Street and
North Miami Avenue — Replace all damaged and broken sidewalk, curb and gutter
adjacent to the project site.
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
City of Miami Page 9 of 10 Printed On: 8/28/2007
File Number: 06-02072mu
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)
days 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.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
..Footnote
{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 10 of 10 Printed On: 8/28/2007
ZONING ATLAS MAP
!SD!6.2
NW 5TH ST/'/
NW 1ST ST
NW 1ST AV
JSD- 16.1
z
NW 3RD ST
NW 2ND ST
Q NE 5TH ST
2
LSP;§ E7/1/ 1100i.AMIPRIMEMMIni
W FLAGLER ST E FLAGLER ST
0 150 300
600 Feet
ADDRESS: 240 N MIAMI AVENUE
FUTURE LAND USE MAP
Fixed -Guideway
Rapid Transit
Dev. Distric
W FLAGLER ST
Restricted Commercial
Central Business District
NW 3RD ST
ne
NW 2ND ST
0 150 300
600 Feet
NE 4TH'ST
Majornst,
Public Facilities,
Transa Arid
E FLAGLER ST
ADDRESS: 240 N MIAMI AVENUE
W FLAGLER ST
tit
`*4*'k�� "ate
E FLAGLER ST
0 150 300
600 Feet
ADDRESS: 240 N MIAMI AVENUE
No.
Projects in the Vicinity
Courthouse Center Parking Garage
07-00933mu
Name
1 Courthouse Center Parking Garage
2 US Federal Courthouse
Floors
Status
11 Application
14 Under construction
07-00933mu - Projects in the Vicinity
EXHIBIT A
Subject Property Address: 240 North Miami Avenue, Miami, Florida 33128
Legal Description:
Lot 1 and 2 of Block 97N, Map of Miami -Dade County,
recorded in Plat Book B at page 41, of the Public Records
of Miami -Dade County, Florida.
Together With;
Lots 3,4,5,6,19,20,21 and 22 in Block 97N, of City of
Miami North, Recorded in Plat Book B, Page 41, of the
Public Records of Miami, Dade County, Florida.
"Exhibit B"
GENERAL
PRINCIPAL USE
PARKING GARAGE
ZONING DISTRICT:
CBD Central Business District (Class II Sec. 401)
LOT AREA:
Irregular 72,130.76 Sq. Ft. more or less
LEGAL DESCRIPTION:
LOT 1 AND 2 OF BLOCK 97N, MAP OF
MIAMI DADE CO.RECORDED IN PLAT BOOK
B, AT PAGE 41, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA,
TOGETHER WITH:
LOTS 3, 4, 5, 6,19, 20, 21, 22, IN BLOCK 97N,
OF CITY OF MIAMI NORTH, RECORDED IN .
PLAT BOOK B, PAGE 41, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
ADDRESS:
240 NORTH MIAMI AVENUE 33128
ITEM REQUIRED PROPOSED
FAR
Unlimited
359,010.00 (bldg area) = 4.97
72,130.76 (lot area) (1.66 acres)
PARKING REQUIRED
RETAIL 4,043 Sq. Ft.
5
36 Retail and Office
OFFICE 40,878 Sq. Ft.
31
816 Available to public
LOT COVERAGE
Unlimited allowed except
47% (0.78 acres)
by required setbacks
OPEN SPACE (By Class II)
6,180 Sq. Ft.
36,610 Sq. Ft.
LOADING BERTH
(1) 12' x 35' x 15' Clear Ht.
(1)12' x 35' x Unlimited.
SETBACKS
Adjacent to Streets
3rd St.
5'
51-4"
2nd St.
5'
5'-4"
Miami Av.
5'
131'-0"
Side Yard West
0'
1'-0"
Adjacent to Alley
North - South
5'
45'
East - West
5'
51'-8"
BUILDING HEIGHT:
Unlimited
169' AMU _ _ .
CITY OF MIAMI
Hi±•.7+I^d., COARDS
F ta:a. :VIEW
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x. Q-22.-o'j
91¢'iafw. � •,, �': �1' app,o la
MAJOR USE SPECIAL PERMIT
TimHaahs
Parb'ngPlanning w,d Design
T03p3 N.W. 410-8Inel
8W.701
Mal FL33178
7O6.RI7.I123
CERTIFICATE ems
TIRE
DATA SHEET
Miami Parking Authority
Courthouse Center
PARKING GARAGE
Miami Florida
e.
E. Jana -
PROFESSIONAL EMGINEEA
FL u . 411.1.35
0
C
p4
IX
2
Ili
PROJECT No F005115.00
DRAYM:
SCALE
AJC
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cf1ECNE0:
OA7F:
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OS/14/07
SHEET NO.
AO.1
TM
MIAMI INTERNATIONAL AIRPORT
Commercial Airport:
Miami International Airport
General Aviation Airports:
DadeCollierTraining & Transition
Homestead General
Kendal!-Tamiami Executive
Opa-locka
Opa-locka West
Mr. Roberto Lavernia
Chief of Land Development
City of Miami
444 SW 2nd Ave, 3rd Floor
Miami, FL 33130
0
PLANN?hii DEPARTMEN
2006 DEC - 5 PPS 3: 148
November 29, 2006
Miami -Dade Aviation Department
P.O. Box 592075
Miami, Florida 33159
T 305-876-7000 F 305-876-0948
www. m i a m i -a i rpo rt. c o m
miamidade.gov
RE: Height Analysis for the Courthouse Garage Project, located at 240 North Miami
Avenue, Miami, FL
Dear Mr. Lavernia:
The Miami -Dade Aviation Department (MDAD) has reviewed your Large Scale Development
Submittal dated November 14, 2006 for a height analysis for the above referenced project. Our
review finds that an assumed 152 ft AMSL (Above Mean Sea Level) structure at this location
conforms to the Miami -Dade County Height Zoning Ordinance.
This height determination is an estimate issued on a preliminary or advisory basis. It is not
necessary to file with the FAA for the structure height as stated above by using form 7460-1
`Notice of Proposed Construction Alteration for Determination of Known Hazards'. However,
any construction cranes for this project exceeding 200 ft AMSL (Above Mean Sea Level)
must be filed by the construction contractor using the same form. Thus, for any structure or
- crane at this location exceeding 200 ft AMSL (Above Mean Sea Level), FAA form 7460-1 must
be filed. The form is available through this office or through the FAA website:
https://oeaaa.faa.gov. This form should be mailed to: Federal Aviation Administration, Air
Traffic Airspace Branch - ASW-520, 2601 Meacham Blvd, Ft. Worth, TX 76137-0520.
Alternatively, the developer may "e-file" online at https://oeaaa.faa.gov
Please note that the airspace review process is governed by two different regulations: the
Miami -Dade County Height Zoning Ordinances and Federal Regulation Title 14 Part 77. The
FAA has its own airspace evaluation requirements, and issues airspace determinations for
structures and cranes based on the particular facts then presented before the FAA. The County's
Department of Planning and Zoning (P&Z) or the applicable municipal building official
determines whether the County's zoning requirements and height limitations are met,
and FAA determines whether FAA building, marking and height requirements are met.
This determination is based, in part, on the description provided to us by you, which includes
specific building locations and heights. Any changes in building locations/layouts or heights will
void this determination. Any future construction or alteration, including an increase to heights
requires separate notice to the FAA and the Miami -Dade Aviation Department.
Mr. Roberto Lavernia
November 29, 2006
Page 2
Should you have any questions in obtaining and/or filling out FAA form 7460-1 or if I can be of
any further assistance, please feel free to contact me at 305-876-8080.
Sin
6A"a •s,R.A.
ief of Aviation Planning Section
JR/AH/cf
cc: S. Harman
J. Bunting
A. Herrera
Diane O'Quinn Williams, P&Z
AI Torres, P&Z
Damon Holness, P&Z
Ana Gelabert-Sanchez, City of Miami
Kevin Walford, City of Miami
Orlando Toledo, City of Miami
File Airspace
(Tr`! OF NAM, F?..OF?;DP.
d''ilTER-O FICE NIEWORPADUM
TO:
Ana Gelabert-Sanchez
Director
Planning Department
OIYJAL.Vil._:\ ;IP\
FROM : Stephanie N. Grindell, P.E.
Director
Public Works Department
DATE :
SUBJECT:
REFERENCES :
ENCLOSURES:
November 20, 2006
Large Scale Development
Review — Courthouse Garage
RL'E :
The Public Works Department has reviewed the Large Scale Development plans for the
development entitled Courthouse Garage, located at 240 North Miami Avenue and has the
following comments.
I . Completion of the replatting process is required to close and vacate the easement and alley.
2. All transitions from the established street profile grade to the building flood elevation must
be accomplished on private property. Stairs, ramps, retaining walls, etc. will not be
permitted in the public right-of-way and the record profile street grade can not be changed to
accommodate the proposed building ground floor elevation.
3. All stormwater must be retained on site including the driveways and plazas on private
property adjacent to the public streets. All plazas and driveways must be graded or trench
drains provided to prevent "sheet flow" entering the right of way. If deep drainage wells are
selected for stormwater disposal, they must be located on -site in an open area to
accommodate future maintenance access.
4. An agreement between the City of Miami and the property owner is required for any
landscaping and decorative sidewalk treatment located in the public right-of-way. Public
Works approval and permit is required for any landscaping improvements in the right-of-
way.
5. Public Works policy requires that no closures of vehicular travel lanes will be permitted
during the course of construction unless a temporary replacement lane, approved by the
Public Works Department, is constructed and maintained by the Contractor throughout the
duration of the lane closure. A Maintenance of Traffic plan is required for any temporary
right-of-way request.
6. In order to mitigate traffic congestion and problems associated with unregulated parking
throughout the neighborhood, the Contractor/Developer shall be required to provide
approved, designated off -site parking for workers and a shuttle service to the work site. The
parking/shuttle plan shall be coordinated with the local City of Miami NET Service Center.
7. City of Miami driveway entrances, in compliance with A.D.A. standards, shall be required.
o Continuous sidewalk is required across driveway entrances.
Ana Gelabert-Sanchez
Director
Planning Department
Page 2 of 2
November 20, 2006
S. Since this project is more than one acre in total construction area, the methods of
construction must comply with the City of Miami Municipal Separate Storm Sewer Permit
(MS4). This project will require a Florida Department of Environmental Protection (DEP_
Stormwater, Erosion and Sediment permit. For information on a DEP permit application,
please contact the Public Works Department at (305) 416-I200 or
www.dep.state.fl.us/water/stormwater/npdes.
In addition to these comments, the Public Works Department will require the following street
improvements:
N.W. 2 Street., N.W. 3 Street and North Miami Avenue — Replace all damaged and broken
sidewalk, curb and gutter adjacent to the project site.
In addition, pavement restoration for all water and sewer extensions, existing damaged pavement
and pavement damaged during construction, as determined by the. City Inspector, shall include
milting and resurfacing of the full pavement width, curb to curb, along the entire length of the
excavation and / or damaged pavement area. A thorough cleaning of all stormwater drainage
inlets and storm sewer pipes adjacent to the building site shall be required at the completion of
the project. The streets and avenues adjacent to the project site must be clear of dust and
construction debris at all times.
If you have any questions concerning these comments, please call Mr. Leonard Helmers,
Professional Engineer IV, at extension 1221.
SNG/L11-1/wjj
ittigoo
c: Miami Parking Authority
190 N.E. 3 Street
Miami, FL 33132
Stephanie N. Grindell, P.E., Director of Public Works
Roberto Lavernia, Chief of Land Development, Planning Department
Manuel Vega, Zoning Department
Bc: Development and Roadway Plans
Central
July 2, 2007
Ms. Lille I. Medina, AICP
Assistant Transportation Coordinator
City of Miami, Office of the City Manager/Transportation
444 SW 2nd Avenue (10t Floor)
Miami, Florida 33130
Fie: Courthouse Parking Plaza (WO # 171)
Sufficiency Letter
Dear Ms. Medina:
Via Pax and tJS Mail
Subsequent to our November 218`, 2006 review Comments for the subjeot project, we
have received a formal response from F,R, Aleman Associates, Inc. (FRA) dated
March 21', 2007. Due to miscommunication, a revised traffic report was not submitted
to us with the response' "memorandum. Following our request, the revised traffic report
wee received on June e7th, 2007. FRA had indicated that the revised traffic report was
previously submitted to the City, Photocopy of the response memorandum From FRA is
attached herewith.
At this time, we conclude that the revised traffic report along with the subsequent
response to our comments meets the traffic requirements and the report is found to be
sufficient
Should you have any questions, please call me at 954.7$9, i 881.
Sincerely,
LUR
rp rati
Raj hanmug
Sen . r Traffic Engineer
Southern
Attachment
Cc: Mr. Antonio E. Pore P44rrnar !I, City of Miami (Fax Xt5.4 P6. f 443)
Mr Arthur R. Cushnie, P,E.,PTOE, P.R. Alstn ln. Inc (Far 805.599.8749)
Utn eataartillon
Lakarhbre Complaa
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