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Fife Nus her: 06-00614rnu I Final Action L ate
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, A RECONSIDERATION OF A MAJOR USE
SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING
ORDINANCE NO. 11000, AS AMENDED, FOR THE SAWYERS WALK PROJECT,
TO BE LOCATED AT APPROXIMATELY 152 AND 218 NORTHWEST 8TH
STREET, 249 AND 263 NORTHWEST 6TH STREET AND 160 NORTHWEST 7TH
STREET, MIAMI, FLORIDA, TO CONSTRUCT A MAXIMUM APPROXIMATE
HEIGHT OF 142-FOOT, 13-STORY MIXED -USE STRUCTURE TO BE
COMPRISED OF APPROXIMATELY 1,050 TOTAL MULTIFAMILY RESIDENTIAL
UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 75,000 SQUARE
FEET OF RETAIL SPACE; AND APPROXIMATELY 1,610 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 September 19, 2007, Ben Fernandez, Esquire, on behalf of Crosswinds at
Poinciana, LLC, Poinciana Village of Miami, Ltd., Sawyer's Walk, Ltd., and City of Miami Community
Redevelopment Agency (referred to as "APPLICANT"), submitted a complete supplemented
Application in compliance with Power U for Social Change, inc., Beatrice A Gilbert, Monica Williams
and Elsie Hubbard v. Miami City Commission, City of Miami, a Florida municipal corporation,
Crosswinds at Poinciana Village of Miami, Ltd., Sawyer's Walk, LTD., and the Eleventh Judicial Circuit
Court in and for Miami Dade County, Florida No. 06-588 AP for Major Use Special Permit for Sawyer's
Walk (referred to as "PROJECT") pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, for
the properties located at approximately 152 and 218 NW 8th Street, 249 and 263 NW 6th Street and
160 NW 7th Street, Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and
WHEREAS, the applicant has submitted revised plans to the previously considered Sawyer's Walk
and it has been determined by Zoning Administrator and Planning Director that the changes in this
submittal is not substantial as per section 2215.1 of the City of Miami Zoning Ordinance 11000; and
WHEREAS, development of the Project requires the issuance of a Major Use Special Permit
pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on September 21, 2005 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on October 19, 2005, to consider the
proposed project and recommended APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 21, 2006 Item No. 9;
City of Miami
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owing an advertised public hearing, adopted Resolution No, PAB 06-060 by a vote of six to one (6-
mmending APPROVAL with conditions as presented in the Major Use Special Permit
Development Order as attached and incorporated; and
WHEREAS_ a civil action styled Power U Center for Social Change, inc., et. at. v.
City of tvtiami, City of Miami Community Redevelopment Agency, et. al. (Fla. Cir, Ct. Appellate Division
Case No. # 06-588 AP) challenged the granting of this Major Use Special Permit ('°MUSE'") for
Sawyer's Walk following the public hearing held on October 26, 2006 and the Court on July 9, 2007
issued an opinion granting the writ of certiorari and rernanded this case for a new MUSP hearing
before the Respondent City of Miami City Commission to be held in accordance with the opinion of the
court; 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;
and
WHEREAS, the Applicant proffered additional community support measures which were noted
and discussed on the record and the City Commission recommends that the Applicant abide by such
terms: and
WHEREAS, the Applicant some weeks ago supplemented the instant MUSP application to
expressly include an environmental impact analysis provided by the Applicant which concludes that
this development will have a favorable impact on the environment and natural resources of the City of
Miami; and,
WHEREAS, the environmental impact analysis has been provided by the Applicant to legal counsel
of record for the Petitioners in the above referenced case and has been made a part of the Application
on file with the City of Miami for this MUSP; and
WHEREAS, following the foregoing actions, the Miami Planning Advisory Board at its meeting held
on November 7, 2007, item No. 2, following an advertised public hearing, adopted Resolution No, PAB
07-045, by a vote of six to three (6-3), recommending APPROVAL with conditions of the Major Use
Special Permit.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. A Major Use Special Permit Development Order, incorporated within, is approved
subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No.
11000, for the project to be developed by the APPLICANT, located at approximately 152 and 218 NW
8th street, 249 and 263 NW 6th Street and 160 NW 7th street, Miami, Florida, more particularly
described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of a four building mixed use
development with a maximum approximate height of 142 foot, 13 story, to be comprised of
approximately 1.050 total multifamily residential units with recreational amenities; approximately
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Fite Number; 06-00614mu1
75000 square feet of retail space; and approximately 1,610 t
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 SD-16 and SD-16.2 (Southeast Overtown-Park West
Commercial -Residential) zoning classifications of Zoning Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended.
c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT that have been found by the City Commission (based upon facts and reports
prepared or submitted by staff or others) to adhere to the following Design Review Criteria
subject to the any applicable conditions in the Development Order herein:
al parking spaces; providing for certain
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
(1) Site and Urban Planning:
(1) Respond to the physical Yes *Yes
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Yes *Yes
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner lots Yes *Yes
should be oriented to the corner
and public street fronts.
(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
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vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
(111) Pedestrian Oriented Development:
(1) Promote pedestrian Yes *Yes
interaction;
(2) Design facades that Yes *Yes
respond primarily to the
human scale;
(3) Provide active, not blank Yes *Yes
facades. Where blank wails
are unavoidable, they should
receive design treatment.
(IV) Streetscape and Open Space:
(1) Provide usable open space Yes *yes
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant Yes *Yes
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
(V) Vehicular Access and Parking:
(1) Design for pedestrian and Yes *yes
vehicular safety to minimize
conflict points;
(2) Minimize the number and Yes *Yes
width of driveways and curb
cuts;
(3) Parking adjacent to a street Yes *Yes
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas Yes *Yes
as district buffer.
(VI) Screening:
(1) Provide landscaping that Yes *Yes
screen undesirable elements,
such as surface parking lots,
and that enhances space and
architecture;
(2) Building sites should locate Yes *Yes
service elements like trash
ars of Miami
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dumpster, loading docks, and
mechanical equipment away
from street front where possible.
When elements such as
dumpsters, utility meters,
mechanical units and service
areas cannot be located away
from the street front they should
be situated and screened from
view to street and adjacent
properties;
(3) Screen parking garage Yes *Yes
structures with program uses.
Where program uses are not
feasible soften the garage
structure with trellises,
landscaping, and/or other
suitable design element.
(VII) Signage and Lighting:
(1) Design signage appropriate Yes *Yes
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes *Yes
feature to the building facade,
on and around landscape
areas, special building or
site features, and/or signage;
(3) Orient outside lighting to Yes *Yes
minimize glare to adjacent
properties;
(4) Provide visible signage Yes *yes
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
(VIII) Preservation of Natural Features:
(1) Preserve existing vegetation Yes *yes
and/or geological features
whenever possible.
(IX) Modification of Nonconformities:
(1) For modifications of Yes *N/A
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
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(2) Modifications that conform Yes *NIA
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
*Comp#fiance is subject to conditions.
These findings have been made by the City Commission to approve this project with conditions.
d. The PROJECT is expected to cost approximately $258,988,500, and to employ
approximately 740 workers during construction (FTE-Full Time Employees); The project will
also result in the creation of approximately 40 permanent new jobs (FTE) for building
operations and will generate approximately $2;329,731 annually in tax revenues to the City
(2007 dollars).
e. The City Commission further finds that the applicable standards set forth in section 1703.2
of the Zoning Ordinance ,including, without limitation 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 based on an environmental impact analysis provided by the Applicant which
is on file at the City of Miami with this application ;
(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)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 September
19, 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
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as described in the Development Order for the PROJECT, incorporated vvithin.
Section 10.
issued_
The Major Use Special Permit Development Order for the PROJECT is granted and
Section 11 in the event that any portion or section of this Resolution or the Development Order
is determined to be invalid, illegal; or unconstitutional by a court or agency of competent jurisdiction,
such decision shall in no manner affect the remaining portions of this Resolution or Development
Order which shall remain in full force and effect.
Section 12. The provisions approved for this Major Use Special Permit, as approved, shall
commence and become operative thirty (30) days after the adoption of the Resolution,
Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its
commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 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 Sawyer's Walk, (hereinafter referred to as the "PROJECT") to be located at approximately 152
and 218 NW 8th Street, 249 and 263 NW 6th Street and 160 NW 7th Street, Miami, Florida (see legal
description on "Exhibit A", attached and incorporated), is subject to any dedications, limitations,
restrictions, reservations or easements of record.
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately 152 and 218
NW 8th Street, 249 and 263 NW 6th Street and 160 NW 7th Street, Miami, Florida. The PROJECT is
located on a gross lot area of approximately 11.70± acres and a net lot area of approximately 8.83±
acres of land (more specifically described on "Exhibit A", incorporated herein by reference). The
remainder of the Data Sheet is attached and incorporated as "Exhibit B".
The proposed PROJECT will be an a four building mixed use development ranging in height from
approximately 133 feet to 142 feet to be comprised of approximately 1,050 total multifamily residential
units with recreational amenities; approximately 75,000 square feet of retail space; and approximately
1,610 total parking spaces; providing for certain floor area ratio ("FAR") bonuses.
The Major Use Special Permit Application for the PROJECT also encompasses the following lower
ranking Special Permits:
MAJOR USE SPECIAL PERMITS
City of Miami
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er: 06-
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for residential
development involving in excess of two hundred (200) units;
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:
This Major Use Special Permit encompasses the following Special Permits and Requests:
CLASS II SPECIAL PERMITS
CLASS Il SPECIAL PERMIT, as per ARTICLE 6, Section 616.3, to allow the construction of a new
development in SD-16, SD-16,2 districts;
CLASS ll SPECIAL PERMIT, as per ARTICLE 6, Section 616.8.4,1, to allow relocation of 21,494
square feet of open space to areas within the building. The user shall make a non-refundable
developer contribution of $1,074,700.00 to the Parks and Open Space Trust Fund administered by
the City of Miami;
CLASS it 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 as follow:
Required: Two (2) 12 feet wide x 55 feet long x 15 feet high
Four (4) 12 feet wide x 35 feet long x 15 feet high
Proposed: One (1) 12 feet wide x 55 feet long x 15 feet high
Seven (7) 12 feet wide x 35 feet long x 15 feet high
Four (4) 10 feet wide x 20 feet long x 15 feet high
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, 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
CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512, to allow a waiver of City of Miami
Off-street Parking Guides & Standards, only for reduction of required backup distance in driveway
isles from 23 feet to 22 feet;
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 616.8,3, to allow an exemption from the
setback requirement as set forth in Sec. 616,8,3;
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, to allow parking for temporary
City of Miami
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special event such as ground breaking ceremonies;
CLASS € SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary oft -street offsite
parking for construction crews working on a commercial -residential project under construction;
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 10.6.3.16. SD-16, SD-16.1, SD-16.2
Southeast Over town -Park West -Commercial -Restricted District, 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 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use
Special Permit shall be considered sufficient for the subordinate permits requested and referenced
above as well as any other special approvals required by the City which may be required to carry out
the requested plans.
The PROJECT shall be constructed substantially in accordance with plans and design schematics
on file prepared by Behar Font & Partners, signed and dated September 10, 2007; the landscape plan
shall be implemented substantially in accordance with plans and design schematics on file prepared by
Behar Font & Partners, signed and dated September 10, 2007; 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; ail 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 SD-16 and SD-16.2 (Southeast
Overtown-Park West Commercial -Residential) 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
City of Miami
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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.
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 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
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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) The pedestrian sidewalk realm shall remain at a consistent height
throughout the project; (b) The pedestrian sidewalk area shall be maintained with a consistent,
recognizable pattern, which shall continue across the vehicular entrances in order to give dominance
to the pedestrian realm over the vehicular areas; (c) A wall mural or other artwork shall be placed
along the west elevation above the proposed retail store on NW 3rd Avenue. This shall be provided
for review and approval by the Planning Director prior to application for Building Permit; (d) Eliminate
the residential entrance on NW 6th Street and consolidate it with the "residential & commercial"
entrance located on NW 3rd Avenue; (e) Provide habitable ground level space on the south side of
NW 6th Street; (f) As proffered by the Applicant, a total of 112 of the dwelling units shall be provided
as Affordable Housing units to be certified as such by the City of Miami Department of Community
Development (or any successor municipal agency).
12) Pursuant to comments by the City of Miami Public Works Department, the applicant shall meet the
following conditions: (a) Re -Platting may be required to legalize the divisions of lots 4, 5, 11, 12, 13,
14, 15 and 16 of Block 46 N for the Building #4 Site; and the following street improvements shall be (b)
NW 6th Street between NW 1st Court and NW 3rd Avenue - Replace all broken and damaged
sidewalk, cur and gutter on both sides of the roadways. ill and resurface the entire width, curb t curb of
said roadways; (c) NW 7th Street betweenNW 1st Court and NW 3rd Ave. - Replace all broken and
damaged sidewalk, curb and gutter on both sides of the roadways. Mill and resurface the entire width,
curb to curb, of said roadways; (d) NW 8th Street between NW lst Court and NW 3rd Ave. - Replace
all broken and damaged sidewalk, curb and gutter on both sides of the roadways. Mill and resurface
the entire width, curb to curb, of said roadways; (e) NW lst Court between NW 6th Street and NW 8th
Street - Replace all broken and damaged sidewalk, curb and gutter on both sides of the roadways.
Mill and resurface the entire width, curb to curb, of said roadways; (f) NW 2nd Ave. between NW 6th
Street and NW 8th Street - Replace all broken and damaged sidewalk, curb and gutter on both sides
of the roadways. Mill and resurface the entire width, curb to curb, of said roadways; and (g) NW 3rd
Ave. between NW 6th Street and NW 8th Street - Replace all broken and damaged sidewalk, curb and
gutter on both sides of the roadways. Mill and resurface the entire width, curb to curb, of said
roadways.
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. If no such approvals are
granted, the height of the proposed project shall be reduced to those eights referenced in the letter
from Miami -Dade Aviation to the Planning Department dated September 13, 2005.
14) Within 90 days of the effective date of this Development Order, record a certified copy of
the Development Order specifying that the Development Order runs with the land and is binding on the
Applicant, its successors, and assigns, jointly or severally.
THE CITY SHALL:
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
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provisions of the Permit.
CONCLUSIONS OF LA
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) PROJECT will have a favorable impact on the economy of the City; and
(2) PROJECT will efficiently use public transportation facilities; and
(3) PROJECT will favorably affect the need for people to find adequate housing reasonably
accessible to their places of employment; and
(4) PROJECT will efficiently use necessary public facilities; and
(5) PROJECT will not negatively impact the environment and natural resources of the City;
and
(6) PROJECT will not adversely affect public safety; and
(7) public welfare will be served by the PROJECT; and
(8) 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
Foo triots
{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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