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HomeMy WebLinkAboutCC Legislation (Version 2)City of gar Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.rniamigov.cam File Number 07-0O049rnii Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, VVITH 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 NORDICA ON 8TH PROJECT, TO BE LOCATED AT APPROXIMATELY 705, 709, 719-729 SOUTHWEST 12TH AVENUE; 1125, 1145, 1151, 1161-1171 AND 1177 SOUTHWEST 8TH STREET; 1118, 1124, 1136, 1140, 1152 AND 1162 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 152 FOOT, 13 STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 387 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 4,459 SQUARE FEET OF RESTAURANT SPACE; APPROXIMATELY 11,810 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 477 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 October 7, 2005, N. Patrick Range, Esquire, on behalf of Calle Ocho, LLC (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for Nordica on 8th (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 705, 709, 719-729 SW 12 Avenue, 1125, 1145, 1151, 1161-1171 and 1177 SW 8 Street, 1118, 1124, 1136, 1140, 1152, 1162 SW 7 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 September 13, 2006 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on September 20, 2006, to consider the proposed project and recommended APPROVAL with conditions; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on October 3, 2007 Item No. 7, following an advertised public hearing, adopted Resolution No. PAB 07-044 by a vote of nine to zero (9 0), recommending APPROVAL with conditions as presented by staff as presented in the Major Use Special Permit Development Order as attached and incorporated herein; 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; City of Miaani Page 1 of 11 Printed On: 11/28/2007 Fife Number: 07-00049rou 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 Speciai Permit Development Order, incorporated within, is approved subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the APPLICANT, at approximately 705, 709, 719-729 SW 12th Avenue; 1125, 1145, 1151, 1161-1171 and 1177 SW 8th Street; 1118, 1124, 1136, 1140, 1152 and 1162 SW 7th Street, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3, The project is approved for the construction of a mixed use multifamily residential building of 387 residential units with approximately 338,246 square feet of residential floor area, approximately 19,132 square feet of non-residential floor area, and a total of 477 total parking spaces. The proposed structure will have a maximum height of 152 feet NGVD at top of architectural feature of the building; providing for certain floor area ratio ("FAR") bonuses. Section 4. The Major Use Special Permit Application for the Project also encompasses the lower ranking Speciai Permits as set forth in the Development. Section 5. The findings of fact set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as amended. b. The PROJECT is in accord with the C-1 (Restricted Commercial) zoning classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the PROJECT that have been found by the City Commission (based upon facts and reports prepared or submitted by staff or others) to adhere to the following Design Review Criteria subject to the any applicable conditions in the Development Order herein: DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE (I) Site and Urban Planning: Respond to the physical contextual environment taking into consideration urban form and natural features; Yes No Siting should minimize the impact of automobile parking and driveways on the pedestrian environment and adjacent properties; Yes No Buildings on corner lots should be oriented to the corner and public street fronts Yes Yes (II) Architecture and Landscape Architecture: A project shall be designed to comply with Cif, of Miami Page 2 of 11 Printed One 11/28/2007 File Nurribtv: 07-00049mu all applicable landscape ordinances; Yes No Respond to the neighborhood context; Yes No Create a transition in bulk and scale; Yes No Use architectural styles and details (surt as roof lines and fenestration), colors and materials derivative from surrounding area; Yes Yes Articulate the building facade vertically and horizontally in intervals that conform to the existing structures in the vicinity, Yes Yes (III) Pedestrian Oriented Deveicpment: Promote pedestrian interaction; Yes Yes Design facades that respond primarily to the human scale; Yes Yes Provide active, not biank facades. Where blank walls are unavoidable, they should receive design treatment. Yes Yes (IV) Streetscape and Open Space: Provide usable open space that allows for convenient and visible pedestrian access from the public sidewalk; Yes Yes Landscaping, including plant material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. Yes Yes (V) Vehicular Access and Parking: Design for pedestrian and vehicular safety to minimize conflict points; Yes Yes* Minimize the number and width of driveways and curb cuts; Yes Yes* Parking adjacent to a street front should be minimized and where possible should be located behind the building; Yes Yes Use surface parking areas as district buffer. Yes N/A (VI) Screening: Provide landscaping that screen undesirable elements, such as surface parking lots, and that enhances space and architecture; Yes N/A Building sites should locate 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; Yes Yes City of Miami Page 3 of11 Primed On: 11/28/2007 File Number: 07-00049Fru Screen parking garage structures with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element Yes Yes (VII) Signage and Lighting; Design signage appropriate for the scale and character of the project and immediate neighborhood; Yes Provide iighting as a design feature to the building facade, on and around landscape areas, special building or site features, and/or signage; Yes Orient outside lighting to minimize glare to adjacent properties; Yes Provide visible signage identifying building addresses at the entrance(s) as a functional and aesthetic consideration. Yes N/A** N/A** N/A** N/A** (VIII) Preservation of Natural Features: Preserve existing vegetation and/or geological features whenever possible. Yes N/A (IX) Modification of Nonconformities: For modifications of nonconforming structures, no increase in the degree of nonconformity shall be allowed; Yes N/A Modifications that conform to current regulations shall be designed to conform to the scale and context of the nonconforming structure. Yes N/A *Compliance is subject to conditions. ** Not applicable at this time, subject to review and approval. d. The PROJECT is expected to cost approximately $90,000,000, and to employ approximately 89 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the creation of approximately 40 permanent new jobs (FTE). The PROJECT will generate approximately $667,468 annually in tax revenues to the City (2007 dollars). e. The City Commission further finds that: the PROJECT will have a favorable impact on the economy of the City; the PROJECT will efficiently use public transportation facilities; any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; the PROJECT will efficiently use necessary public facilities; the PROJECT will not negatively impact the environment and natural resources of the City; the PROJECT will not adversely affect living conditions in the neighborhood; the PROJECT will not adversely affect public safety; City of Miami Page 4 of 11 Printed On: t I/28/2007 File Number: 07-OQQ49mu based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and 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 July 3, 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 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 Nordica on 8th (07-00049rnu) (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No.11000, for the properties located at approximately 705, 709, 719-729 SW 12th Avenue; 1125, 1145, 1151, 1161-1171 and 1177 SW 8th Street; 1118, 1124, 1136, 1140, 1152 and 1162 SW 7th Street, Miami, Florida, as legally described in "Exhibit A', attached and incorporated, is subject to any dedications, limitations, restrictions, reservations or easements of record. City of Miami Page s of if Printed Ott: 11/28/2007 File Number: 07-00049rna 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 705, 709, 719-729 SVV 12th Avenue; 1125, 1145, 1151, 1161-1171 and 1177 SW 8th Street; 1118, 1124, 1136, 1140, 1152 and 1162 SW 7th Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 2.99± acres and a net lot area of approximately 2.19± acres of land (more specifically described on "Exhibit A", incorporated herein by reference). The remainder of the PROJECT's Data Sheet is attached and incorporated as "Exhibit B. The proposed PROJECT will be an approximate 152 foot, 13 story high mixed -use structure to be comprised of approximately 387 total multifamily residential units with recreational amenities; approximately 4, 459 square feet of restaurant space; approximately 11,810 square feet of retail space; and approximately 477 total parking spaces; providing for certain floor area ratio ("FAR") bonuses. This Major Use Special Permit encompasses the following Special Permits and request: MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (8) and ARTICLE 9, Section 914, Sub -Section 914.1 Dwelling unit, square footage, and off-street parking bonuses for contribution to Affordable Housing Trust Fund; exceptions, to allow an increase up to twenty (25) percent of additional floor area as a development bonus of approximately 19,629.93 square feet, the user shall make a non-refundable bonus developer contribution of twelve (12) dollars and forty (40) cents per square foot for a total amount of $243,411.13 to the Affordable Housing Trust Fund administered by the City of Miami; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (9) and ARTICLE 5, Sect. 502. PUD districts; minimum area, maximum densities and maximum floor area ratios permitted (a)(c), to allow up to 20 % increase of floor area ratio, for an increase of approximately 56,291.5 square feet of floor area; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for residential development involving in excess of two hundred (200) units; CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 625.3, to allow the construction of a new development in SD-25 districts; CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 614.3, to allow the construction of a new development in SD-14, SD-14.1 districts; CLASS U SPECIAL PERMIT, as per Article 4, Section 401, C-1 Restricted Commercial, Class II Special Permits required, to allow an increase of the maximum allowed footprint of 40 % the Gross Lot Area to 60% GLA; City af :Viand Page 6 of 11 Printed On: 11/28/2007 File Number: Q7 OOO49nu CLASS II SPECIAL PERMIT, as per Article SD-14, Latin Quarter Commercial -Residential and Residential District, Section 614.3.5 (3), Building footprint, Class II Special Permit required, to allow an increase of the maximum allowed footprint of 40 % the Gross Lot Area to 60% GLA; CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512. Class it Special Permit required for waiver of design standard and guidelines, to allow a waiver of City of Miami Off-street Parking Guides & Standards: only for reduction of required backup distance in driveway isles from 23 feet to 22 feet; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub -Section 908.2, and Access, to allow driveways of width greater than 25 feet; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary structures, occupancies, and uses during construction, criteria for special permits, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be approved by other city departments; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub -Section 906.9. Temporary special events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremony; CLASS 1 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 l 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 -commercial project under construction, within C-1 or more permissive zoning district; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub -Section 920.1.2. Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes, when authorized for security or other purposes in connection with land development such as construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT, as per, ARTICLE 10, Section 10.5, Sub -Section 10.5.4.3, C-1 Restricted Commercial, Ternporary Signs (3), to allow temporary development signs; CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6, Sub -Section 10.6.3.14. SD-14, SD-14.1, SD-14.2 Latin Quarter Commercial -Residential and Residential 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 PHASED PROJECT, subject to qualifications by the Director of the Planning Department, at the written request of the property owner(s) City of j Miami Page 7 of 71 Printed ©i 11/28/2007 File Number 07- JO49mv 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 ail 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 on file prepared by MSA ARCHITECTS, INC., dated August 29, 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; and The PROJECT conforms to the requirements of the zoning designations R-3 (Multifamily Medium Density Residential) w/SD-12 (Special Buffer Overlay District); C-1 (Restricted Commercial) District with w/SD-25 (SW 8TH St, Special Overlay District); SD-14 (Latin Quarter Commercial -Residential and Residential Districts), as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The existing comprehensive plan future land use designation on the subject property allows the proposed uses. CONDITIONS 1) Meet all applicable building codes, and 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 19,629.93 square feet times $12.40 per square foot for a total amount of $243,411.13 to the Affordable Housing Trust Fund administered by the City of Miami. 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 Are 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 cf the said Department prior to the obtainment of a City of Miami Page 8 of 11 Primed On: 11/28/2007 File Milo ber: 07-O0 J49inu 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 MinorityIWomen Business Affairs and Procurement Program as a guide. 6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. 7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP permit resolution and development order, and further, an executed, record able unity of title or covenant in lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's Office, 8) Provide the Planning Department with a temporary construction plan that includes the following: a temporary construction parking plan, with an enforcement policy; a construction noise management plan with an enforcement policy; and a maintenance plan for the temporary construction site; said plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this Major Use Special Permit. 9) In so far as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and detailed requirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order or captioned in the plans approved by it. 10) If the project is to be developed in phases, the Applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director. 11) Pursuant to design -related comments received by the Planning Director, the applicant shall meet the following conditions: a) Provide a continue sidewalk paving materials across vehicular areas and ramp driveway up to the sidewalk within the landscape verge; b) Provide plans showing how the amount of curb cuts in the proposal will be mitigated in order to minimize vehicular / pedestrian conflicts; c) Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas. 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; d) Reduce the higher introduce additional step backs that will soften the impact of this project on the neighboring properties, e) Provide a new landscape plan indicating what types of materials that are being proposed to screen the parking garage. A continuous canopy of shade trees to S.W. 7th Street shall be provided close to the edge of curb in the public right of way (at no greater than 33' on center) to provide a buffer for pedestrians from vehicular traffic, prior to the issuance of a building permit. City of Miami Page 9 of 11 Printed On: 11/28/2007 Hie Numb : 07-00049= 12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the Applicant: (a) S,VV. 12 Avenue: Coordinate with the Florida Department of Transportation for any proposed improvements and replacement of a damaged sidewalk, pavement and curb and gutter. (b) SAN, 7 Street: Coordinate with the Florida Department of Transportation for any proposed improvements and replacement of any damaged sidewalk, pavement and curb and gutter. (c) S,VV 7 Street: Coordinate with the Florida Department of Transportation for any proposed improvements and replacement of an damaged sidewalk, pavement nd curb and gutter. 13) Within 90 days of the effective date of this Development Order record a certified copy of the Development Order specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. THE CITY SHALL: Establish the operative date of this Permit as being thirty (30) days from the date of its issuance; the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the provisions of the Permit. CONCLUSIONS OF LAW The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations and further, pursuant to Section 1703 of the Zoning Ordinance: (1) the PROJECT will have a favorable impact on the economy of the City; and (2) the PROJECT will efficiently use public transportation facilities; and (3) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) the PROJECT will efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT; and (8) any 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 City o Miami Page 10 of 1 1 Printed On: 11/28/2007 File Aq.;r ber: Q7 — '49rnu 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 Comrnission. City of Miami Page 11 of 11 Printed On: 11/28/2007