HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami
Legislation
Resolution: R-07-0620
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.cam
File Number: 07-00529mu Final Action Date:10/25/2007
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 ELEMENT 1 & 2 PROJECT, TO BE LOCATED AT
APPROXIMATELY 601-21 NORTHEAST 30TH TERRACE, 525, 601, 615, 621, 629,
637, 645 NORTHEAST 31 ST STREET AND 540, 550, 590, 600 AND 608
NORTHEAST 32ND STREET, MIAMI, FLORIDA, TO CONSTRUCT TWO
RESIDENTIAL STRUCTURES OF APPROXIMATELY 549 FEET, 51 STORIES
AND APPROXIMATELY 226 FEET, 20 STORIES IN HEIGHT TO BE COMPRISED
OF APPROXIMATELY 413 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH
RECREATIONAL AMENITIES; AND APPROXIMATELY 645 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 April 9, 2007, Iris Escarra, Esquire, on behalf BCRE Element, LLC ffk/a CG Miami
Partners II, LLC and CG Miami Partners III, LLC. (referred to as "APPLICANT"), submitted a complete
Application for Major Use Special Permit for Element 1 & 2 (referred to as "PROJECT") pursuant to
Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately
601-21 Northeast 30th Terrace, 525, 601, 615, 621, 629, 637, 645 Northeast 31 st Street and 540, 550,
590, 600, and 608 Northeast 32nd 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 February 23, 2007, to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on March 21, 2007, to consider the
proposed project and recommended DENIAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 18, 2007, Item No. 4,
following an advertised public hearing, adopted Resolution No. PAB 07-031 by a vote of three to three
(3-3), recommending DENIAL 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,
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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 601-21 Northeast
30th Terrace, 525, 601, 615, 621, 629, 637, 645 Northeast 31 st Street and 540, 550, 590, 600, and
608 Northeast 32nd Street, Miami, Florida, more particularly described on "Exhibit A," attached and
incorporated.
Section 3. The PROJECT is approved for the construction of two Multifamily High -Density
Residential Buildings with a total of approximately 413 Multifamily residential units, approximately
650,963 square feet of residential floor area including common areas and residential amenities, and
will provide a total of approximately 645 parking spaces. The taller of the two structures (Element 1)
will have a maximum height of approximately 549 feet N.G.V.D. at top of parapet and consist of
approximately 51 stories and the other structure will be approximately 226 feet high and approximately
20 stories; 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 R-4 (High Density Multifamily Residential)
with SD-20 Overlay District 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:
(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.
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File Number 07-00529mu Enactment Number: R-07-0620
should be oriented to the corner
and public street fronts.
(II) Architecture and Landscape Architecture:
(1) A project shall be designed Yes. * Yes.
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood Yes. * Yes.
context;
(3) Create a transition in bulk Yes. * Yes.
and scale;
(4) Use architectural styles Yes. * Yes.
and details (such as roof lines
and fenestration), colors and
materials derivative from
surrounding area;
(5) Articulate the building facade Yes. * Yes.
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
(III) Pedestrian Oriented Development:
(1) Promote pedestrian Yes. * No.
interaction;
(2) Design facades that Yes. * No.
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. * No.
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. * Yes.
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. * Yes.
structures with program uses.
Where program uses are not
feasible soften the garage
structure with trellises,
landscaping, and/or other
suitable design element.
(VII) Signage and Lighting:
(1) Design signage appropriate Yes. **N/A.
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for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes. **NIA.
feature to the building facade,
on and around landscape
areas, special building or
site features, andlor signage;
(3) Orient outside lighting to Yes. **N/A.
minimize glare to adjacent
properties;
(4) Provide visible signage Yes. **NIA.
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
(VIII) Preservation of Natural Features:
(1) Preserve existing vegetation Yes. **NIA.
and/or geological features
whenever possible.
(IX) Modification of Nonconformities:
(1) For modifications of Yes. **NIA.
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform Yes. **NIA,
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, 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 $438,566,606, and to employ approximately
554 workers during construction (FTE-Full Time Employees); The project will also result in the creation
of approximately 15 permanent new jobs (FTE) for building operations and will generate approximately
$2,072,378 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;
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(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 April 9, 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.
Section 14. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
DEVELOPMENT ORDER
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File Number: 07-00529mu Enactment Number R-07-0620
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 Element 1 & 2(hereinafter referred to as the "PROJECT") to be located at approximately 601-21
Northeast 30th Terrace, 525, 601, 615, 621, 629, 637, 645 Northeast 31 st Street and 540, 550, 590,
600, and 608 Northeast 32nd 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 601-21
Northeast 30th Terrace, 525, 601, 615, 621, 629, 637, 645 Northeast 31st Street and 540, 550, 590,
600, and 608 Northeast 32nd Street, Miami, Florida. The PROJECT is located on a gross lot area of
approximately 6.01± acres and a net lot area of approximately 4.43± 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 comprised of two Multifamily High -Density Residential Buildings
with a total of approximately 413 residential units, approximately 650,963 square feet of residential
floor area including common areas and residential amenities, and will provide a total of approximately
645 parking spaces. The taller of the two structures (Element 1) will have a maximum height of
approximately 549 feet N.G.V.D. at top of parapet and consist of approximately 51 stories and the
other structure will be approximately 226 feet high and approximately 20 stories; providing for certain
floor area ratio ("FAR") bonuses.
The Major Use Special Permit encompasses the following Special Permits and the additional
requests:
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 620.3.1, Class II Special Permit, to allow the
construction of any new building in SD-20 district;
CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1511. Class II Special Permit required for
any development between Biscayne Bay and the first dedicated right-of-way, to allow a new
development adjacent to the Biscayne Bay;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 903, Sub -Section 903.1, Rules concerning
projects crossing district boundaries or streets; requirements and limitations, to allow a project
designed as a single site and it occupies lots divided by a street or alley;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 922, and Sub -Section 922.4.(c), Special
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Permits required for proposed off-street loading facilities or for substantial modification of existing
facilities, to allow maneuvering of trucks on public rights -of -way with referral to Public Works Director;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub -Section 906.9. Temporary special
events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on
privately owned or City -owned land such as a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub -Section 916.2.1. Temporary special
event parking, to allow parking for temporary special event such as ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2. Temporary off-street
offsite parking for construction crews, criteria, to allow temporary off-street offsite parking for
construction crews working on a residential project under construction, within R-4 and SD-20 or more
permissive zoning district;
CLASS 1 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 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 10, Section 10.5, Sub -Section 10.5.3.4, R-4 Multifamily
High -Density Residential and SD-20, 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.
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
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on file prepared by Thomas & Calzadilla, P.A., signed and dated June 5, 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 R-4 (High Density Multifamily
Residential) with SD-20 Overlay District zoning classifications 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 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
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
City of Miami
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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 final design and details of the proposed piazza between
Element I and Element II for review and approval by Planning Director prior to the issuance of the
building permit; (b) Blank walls are not acceptable, design and details are required for review and
approval by Planning Director prior to the issuance of the building permit; (c) Clarify what materials are
to be used to screen the garage on the North Elevation; (d) The pedestrian sidewalk realm shall
remain at a consistent height throughout. Vehicles shall rise to the sidewalk level with ramping
beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public
Works; (e) The Design Review Committee encourages the applicant to provide a better treatment on
the facade along NE 32nd Street in order to enhance the pedestrian experience. Consider providing a
liner of habitable space as a solution; (f) Materials to be used in all elevations of the buildings,
including windows, balconies, and garage screening must be reviewed and approved by Planning
Director.
12) Pursuant to comments by the City of Miami Public Works Department, the following
conditions shall be required of the applicant: (a) N.E. 30th Terrace: Construct new sidewalk, curb and
gutter and reconstruct pavement, full width, adjacent to the project site. Construct new stormwater
drainage system. Mill and resurface the reminder of the terrace from the project site to N.E. 4th
Avenue (b) N.E. 31st Street: Replace damaged sidewalk, curb and gutter in both sides of the street
adjacent to the project site. The "Element I & II" developer shall coordinate the re -construction of the
easterly terminus of N.E. 31st Street with the developer of the "Edgewater" project. However, in order
to obtain a TCO or CO for the "Element I and/or II" projects, all roadway improvements must be
complete. (c) N.E. 32nd Street: Construct a sidewalk, curb and gutter adjacent to the project site and
reconstruct pavement, full width, adjacent to the project site. Mill and resurface the reminder of the
street from the project site to N.E. 4th Avenue. The "Element I & II" developer shall coordinate the
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re -construction of the easterly terminus of N.E. 31st Street with the developer of the "Edgewater"
project. However, in order to obtain a TCO or CO for the "Element I and/or I1" projects, all roadway
improvements must be complete. Modification of the existing stormwater drainage system may be
required. (d) N.E. 7th Avenue: Construct the new sidewalk, curb and gutter adjacent to the project site
and reconstruct the full width of pavement. Modification of the existing stormwater drainage system
may be required. The "Element I & II" developer shall coordinate the re -construction of the easterly
terminus of N.E. 31st Street with the developer of the "Edgewater" project. However, in order to obtain
a TCO or CO for the "Element I and/or !l" projects, all roadway improvements must be complete. (e)
As a condition of the MUSP approval that the improvements proposed by the applicant and accepted
by the City Commission to help mitigate the traffic conditions surrounding the project, the Owner will
complete as part of development of the Element project and prior to final Certificate of Occupancy
("CO") street improvements as proposed along 29th Street, 31st Street and 33rd Street near Biscayne
Blvd. The Owner shall be responsible for the installation of the improvements in a form and maner as
approved by the City of Miami Public Works Department. Said improvements are estimated at a value
of $285,000.00."
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 112,376.63 square feet of floor area
shall require a non-refundable payment to the Affordable Housing Trust Fund of an
amount of $12.40er square foot for a total of $1,391,738.80.
15) Within 90 days of the effective date of this Deveent Order, record a certified coy 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)
(2)
(3)
(4)
(5)
(6)
(7)
the PROJECT will have a favorable impact on the economy of the City; and
the PROJECT will efficiently use public transportation facilities; and
the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment; and
the PROJECT will efficiently use necessary public facilities; and
the PROJECT will not negatively impact the environment and natural resources of the
City; and
the PROJECT will not adversely affect public safety; and
the public welfare will be served by the PROJECT; and
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Enactment Number: R-07-0620
(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
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.
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