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File Number. 03-041 5
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMIVIISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 5, 13, AND 17 OF ZONING ORDINANCE NO, 11000, FOR THE
KUBIK AT NMORNINGSIDE PROJECT, TO BE LOCATED AT APPROXIMATELY
5600-5780 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO BE PROPOSED AS
TWO 14-STORY BUILDINGS WITH TWO DESIGN OPTIONS WITH THE
"ALTERNATIVE A" OPTION COMPRISED OF 293 MULTIFAMILY RESIDENTIAL
UNITS, 41,745 SQUARE FEET OF RETAIL/RESTAURANT SPACE, AND
APPROXIMATELY 422 TOTAL PARKING SPACES; OR THE "ALTERNATIVE B"
OPTION WHICH IS COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS,
33,046 SQUARE FEET OF RETAIL/RESTAURANT SPACE, AND
APPROXIMATELY 362 TOTAL PARKING SPACES; 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 February 10, 2004, Lucia A. Dougherty on behalf of Kubik, LLC and Biscayne
Premier Investments, Inc., (referred to as "APPLICANT"), submitted a complete application for the
previously reviewed Major Use Special Permit application for the Kubik at Morningside (referred to
as "PROJECT") pursuant to Articles 5, 13, and 17 of Zoning Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, as amended (the "Zoning Ordinance"), to approve the construction
of two 14-story buildings with either of two design options with the "Alternative A" option comprised
of 293 multifamily residential units, 41,745 square feet of retail/restaurant space, and
approximately 422 total parking spaces; or the "Alternative B" option which is comprised of 293
multifamily residential units, 33,046 square feet of retail/restaurant space, and approximately 362
total parking spaces, 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 October 1, 2003 to consider the
proposed PROJECT and offer its input; and
WHEREAS, the Urban Design Review Board met on October 15, 2003, to consider the
proposed PROJECT and recommended approval with the following conditions; remove shrubs by
following the FDOT plan; relocate all vehicular driveways to N.E. 4th Court; reduce the driveway to
the minimum allowable standards of 201-24'; reduce the amount of driveways and configure the
circulation within the building site; provide a continuous canopy of shade trees along the edge of
curb; see the latest FDOT construction plans for the "Biscayne Boulevard improvement Pian"
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regarding landscaping; and
WHEREAS, the Miami Zoning Board, at its meeting held on December 15, 2003, 2004, Item
No, 6, following an advertised public hearing, adopted Resolution No, ZB 2003-0799 by a vote of
nine to zero (9-0), RECOMMENDING APPROVAL of the Special Exceptions as part of a Major
Use Special Permit for the Kubik at Morningside Project from Ordinance No, 11000, as amended,
the Zoning Ordinance of the City of Miami, Article 9, Section 917,7.1 of the Zoning Code to permit
Reduction in parking requirements for combination of commercial and office uses on the same
premises and Article 9, Section 917.7.2, valet parking for restaurant; and
WHEREAS, on December 17, 2003, the Planning Advisory Board reviewed the Master
Development Program for the property located at 5600-5780 Biscayne Boulevard, Miami, Florida
and recommended denial of the application; and
WHEREAS, the City of Miami Planning Advisory Board, at its meeting held on April 7, 2004,
item No. 3, following an advertised public hearing, adopted Resolution No. PAB 33-04 by a vote of
5 to 4, RECOMMENDING APPROVAL of the Major Use Special Permit application and
Development Order as attached with a preference for "Alternative "A" and incorporated subject to
the removal of conditions 12 and 13 from the Development Order; and that more elevations be
submitted prior to the City Commission hearing; 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, attached and incorporated
herewith, 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 5600-
5780 Biscayne Boulevard, Miami, Florida, more particularly described on "Exhibit A," attached and
incorporated.
Section 3. The PROJECT is approved for the construction of two 14-story buildings with either
of two design options with the "Alternative A" option comprised of 293 multifamily residential units,
41,745 square feet of retail/restaurant space, and approximately 422 total parking spaces; or the
"Alternative B" option which is comprised of 293 multifamily residential units, 33,046 square feet of
retail/restaurant space, and approximately 362 total parking spaces.
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
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Plan, as amended.
b. The PROJECT is in accord with the Ctl1(Restricted Commercial) and 0 (Office) zoning
classifications, with an SD-9 (Biscayne Boulevard North Overlay) designation, of Zoning Ordinance
No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended.
c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT that have been found by the City Commission (based upon facts and reports prepared
or submitted by staff or others) to adhere to the following Design Review Criteria subject to the any
applicable conditions in the Development Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
I) Site and Urban Planning:
(1) Respond to the physical Yes. *Yes.
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Yes. *Yes.
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner lots Yes. *Yes,
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.
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lily 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 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.
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
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architecture;
(2) Building sites should locate Yes, *Yes,
service elements like trash
durr�pster, 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, andlor 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.
VW) Preservation of Natural Features:
(1) Preserve existing vegetation Yes, *Yes.
and/or geological features
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whenever possible.
Modification of Nonconformities:
(1) For modifications of N/A, *N/A,
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform NIA, *N/A.
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
*Compliance 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 $180,237,938, and to employ
approximately 325 workers during construction (FTE-Full Time Employees); The project will also
result in the creation of approximately 26 permanent new jobs (FTE) for building operations and
will generate approximately $959,601 annually in tax revenues to the City (2003 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the economy of the City;
(2) the PROJECT will efficiently use public transportation facilities;
(3) any potentially adverse effects of the PROJECT will be mitigated through compliance
with the conditions of this Major Use Special Permit;
(4) the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment;
(5) the PROJECT will efficiently use necessary public facilities;
(6) the PROJECT will not negatively impact the environment and natural resources of the
City;
(7) the PROJECT will not adversely affect living conditions in the neighborhood;
(8) the PROJECT will not adversely affect public safety;
(9) based on the record presented and evidence presented, the public welfare will be
served by the PROJECT; and
(10) any potentially adverse effects of the PROJECT arising from safety and security, fire
protection and life safety, solid waste, heritage conservation, trees, shoreline development,
minority participation and employment, and minority contractor/subcontractor participation will be
mitigated through compliance with the conditions of this Major Use Special Permit.
Section 6. The Major Use Special Permit, as approved, shall be binding upon the APPLICANT
and any successors in interest.
Section 7. The application for a Major Use Special Permit, which was submitted on February
10, 2004, and on file with the Department of Planning of the City of Miami, Florida, shall be relied
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upon generally for administrative interpretations and is incorporated by reference,
Section 8, The City Manager is directed to instruct the Director of the Department of Planning
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, 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 Kubik at Morningside , (hereinafter referred to as the "PROJECT") to be located at
approximately 5600-5780 Biscayne Boulevard, 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
The PROJECT complies with the applicable Design Review Criteria pursuant to Section 1305.2 of
the Zoning Ordinance, subject to the conditions listed in this Development Order, The following
specific findings comprise the factual basis on which compliance with the Design Review Criteria
has been determined:
1. The PROJECT is oriented towards Biscayne Boulevard and the other
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neighboring public streets, and its design takes advantage of the views of Biscayne Bay,
(Design Review Criteria 1(1), 1(3)).
2e The Project's site location on the Biscayne Boulevard corridor can support
having a tall building fronting Biscayne Boulevard. (Design Review Criteria 1(1), 11(2)),
3, The PROJECT is located in a node that generates higher density due to
nearby pedestrian activity, (Design Review Criteria 1(1)).
4. The Project's design complements the 55th Street Station commercial node
with commercial, retail and residential uses, (Design Review Criteria 1(1), 11(2)).
5. The Projects design reflects the architectural character of the Biscayne
Boulevard corridor. (Design Review Criteria 11(2)),
6, The Projects architectural design, speciflcaily its fenestrations, colors, and
articulation of the facade, takes into consideration nearby buildings and structures such as
Andiamo Pizza. (Design Review Criteria 11(2), 11(4), 11(5)).
7, The Projects design takes account of the nearby residential neighborhood by
including town houses on the side of the PROJECT facing that neighborhood. (Design
Review Criteria 11(2)).
8. The Project's parking garage will be lined with commercial and residential
uses. (Design Review Criteria VI(3)),
9. The traffic studies on the PROJECT report that all aspects of the PROJECT
are acceptable and fall within the City's Level of Service thresholds. (Design Review
Criteria 1(2), V(1), V(2), V(3)).
10. The Project's design provides for adequate vehicular circulation. (Design
Review Criteria 1(2), V(1), V(2), V(3)).
11. The Project's design was revised by restricting access to one driveway on N.E.
4th Court such that the impact on the local transportation system has been decreased.
(Design Review Criteria 1(2), V(1), V(2), V(3)).
12. The Project's design includes a peripheral pedestrian path which addresses
pedestrian safety. (Design Review Criteria V(1)).
13. The width of the driveway has been reduced to a minimum. (Design Review
Criteria 1(2), V(2)).
14, All of the parking is internalized and the entrance is located behind the
building. (Design Review Criteria 1(2), V(1), V(2), V(3)),
15. The Project's design also internalizes all service activities. (Design Review
Criteria VI(2)).
16. A reduction in parking requirements is within the scope and character of the
PROJECT, because it is a mixed -use project located next to Biscayne Boulevard in the
Upper Eastside area. (Design Review Criteria 1(1), 11(2)).
17. The PROJECT provides sufficient parking to meet its needs and includes 100
more parking spaces than is required by the City. (Design Review Criteria 1(2), V(1)).
18. The applicant has been working with the City's Planning Department with
respect to pedestrian circulation and landscaping issues. (Design Review Criteria 11(1),
IV(1), 1V(2), VI(1), VI(3)).
19. The Project's design incorporates a pedestrian plaza and public open space, in
addition to commercial uses and town houses on the street level which will increase
pedestrian activity in the area. (Design Review Criteria 1(1), 11(2), 111(1), 111(2), IV(1)).
20. The PROJECT includes public walkways leading to the pedestrian plaza.
(Design Review Criteria 111(1), 1V(1)).
21. A gallery strip along Biscayne Boulevard that would encourage pedestrian
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activity is also proposed. (Design Review Criteria 11(2),
22, The Project's design includes two building setbacks in order to provide
pedestrians with a sense of lower scale. (Design Review Criteria Il(3)).
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately 5600-
5780 Biscayne Boulevard, Miami, Honda, The PROJECT is located on a gross lot area of
approximately 3.72± acres and a net lot area of approximately 2.24± acres of land (more
specifically described on "Exhibit Ae', incorporated herein by reference). The remainder of the
PROJECT's Data Sheet is attached and incorporated as "Exhibit B".
The proposed PROJECT will be two 14-story buildings with two design options with the
"Alternative A" option comprised of 293 multifamily residential units, 41,745 square feet of
retail/restaurant space, and approximately 422 total parking spaces; or the "Alternative S" option
which is comprised of 293 multifamily residential units, 33,046 square feet of retail/restaurant
space, and approximately 362 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
MUSP, as per Article 17 for development of 293 residential units;
MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by twenty
percent (20%), 55,735.09 square feet;
SPECIAL EXCEPTIONS
SPECIAL EXCEPTION, as per City of Miami Zoning Ordinance 11000 as amended, Article
9, Section 917.7.1, reduction in parking requirements for combination of commercial and
office uses on the same premises.
CLASS 1I SPECIAL PERMITS
CLASS 11 SPECIAL PERMIT, as per Article 6, Section 609.3.1, for a construction fence
within the SD-9 overlay district;
CLASS II SPECIAL PERMIT, as per Article 6, Section 609.3.1, for development of new
construction within the SD-9 overlay district;
CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary off -site
parking during construction;
CLASS II SPECIAL PERMIT, as per Article 9, Section 906,7,3, to permit a restaurant as an
accessory convenience establishment;
City ofMiraen1
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CLASS €1 SPECIAL PERMIT, as per resolution number 12331, to allow parking lifts located
within a garage structure;
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, for access from a public
street roadway width greater than twenty- five feet.
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per Article 9, Section 925,3.8, to allow
development/construction/rental signage;
CLASS I SPECIAL PERMIT, as per Article 9; Section 918.2, for parking and staging of
construction during construction;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and staging of
offsite parking for construction crews;
CLASS I SPECIAL PERMIT, as per Article 9, Section 906,6, for active recreational facilities
(including swimming pools);
CLASS I SPECIAL PERMIT, as per Section 915.2 for FAA clearance letter;
CLASS I SPECIAL PERMIT, as per Article 9, Section 917.12, to allow valet parking for
commercial and residential use;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction trailer
and watchman's quarters;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer for
construction and other temporary office uses such as leasing and sales;
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event
namely a ground breaking ceremony.
Designation as a phased project, pursuant to Section 2502 of Zoning Ordinance 11000, as
amended;
REQUEST that the following MUSP conditions to be required at the time of Temporary Certificate
of Occupancy or Final Certificate of Occupancy instead of at issuance of Foundation Permit:
a) The requirement to record in the Public Records 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; and
b) The requirement to record in the Public Records a unity of title or covenant in lieu of unity of
title.
Pursuant to Articles 5, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major
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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 Oppenheim Architecture & Design, LLC, dated February 9, 2004;
the landscape plan shall be implemented substantially in accordance with plans and design
schematics on file prepared by Oppenheim Architecture & Design, LLC, dated February 9, 2004;
saki design and landscape plans may be permitted to be modified only to the extent necessary to
comply with the conditions for approval imposed herein; all modifications shall be subject to the
review and approval of the Planning Director prior to the issuance of any building permits; and
The PROJECT conforms to the requirements of the C-1 (Restricted Commercial) and 0
(Office) zoning classifications, with an SD-9 (Biscayne Boulevard North Overlay) designation, 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 epament prior to the obtainmnt
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
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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 MUS '
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 Attorneys 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. Ali 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 1 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 the UDRB's and the Planning Department's reviews, the applicant shall remove
shrubs by following the FDOT plan; relocate all vehicular driveways to N.W. 4th Avenue; reduce the
driveway to the minimum allowable standards of 20'-24'; reduce the amount of driveways and
configure the circulation within the building site; provide a continuous canopy of shade trees along the
edge of curb; see the latest FDOT construction plans for the "Biscayne Boulevard Improvement Plan"
regarding landscaping.
12) Prior to application for Public Hearing of the City Commission, the applicant shall continue
to work with the City's Transportation Department regarding traffic inconsistencies submitted in the
applicant's traffic analysis.
13) Pursuant to the Zoning Board's decision of December 15, 2003, an approval with
conditions for a change of zoning shall be added to this Major Use Special Permit. (For additional
information, see the Zoning Board's Resolution of December 15, 2003).
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 Perrin
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)
(8)
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 p}aces 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
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
JULIE O. BRU
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.
City of Miami Page 13 of 13 Printed On: 3/19/2008