HomeMy WebLinkAboutCC Legislation (Version 2)City o arm
Leation
Resolution
File Number: 08-00902azmm
w .iniami ov tam
Final Action Date
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO THE
PREVIOUSLY APPROVED BRICKELL VIEW MAJOR USE SPECIAL PERMIT
PURSUANT TO ARTICLES 13, 17 AND 22 OF ZONING ORDINANCE NO, 11000,
AS AMENDED, FOR THE HAMPTON INN & SUITES PROJECT, TO BE LOCATED
AT APPROXIMATELY 30 SOUTHWEST 12TH STREET, MIAMI, FLORIDA, TO
MODIFY PHASE II OF RESOLUTION NO. O1-133 FROM A MIXED -USE
RESIDENTIAL BUILDING STRUCTURE TO A HOTEL BUILDING STRUCTURE
WITH APPROXIMATELY 221 LODGING UNITS, APPROXIMATELY 8,870
SQUARE FEET OF RESTAURANT SPACE AND APPROXIMATELY 1,775
SQUARE FEET OF RETAIL SPACE, WITH THE HOTEL BUILDING STRUCTURE
HAVING AN APPROXIMATE HEIGHT OF 155 FEET 6 INCHES N.G.V.D AT TOP
OF MAIN ROOF SLAB AND WILL PROVIDE APPROXIMATELY 212 OFF-STREET
PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR');
MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW;
PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABIL.ITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on August 6, 2007, Adrienne Friesner Pardo, as attorney on behalf of Bernard
Wolfson, Trustee owner and Brickell Hotel Group as applicant (referred to as "APPLICANT"),
submitted a complete Application for a Substantial Amendment to Major Use Special Permit for the
Brickeli View project to construct the Hampton Inn & Suites (referred to as "PROJECT") pursuant to
Articles 13, 17 and 22 of Zoning Ordinance No. 11000, for the properties located at approximately 30
SW 12th Street, Miami, Florida, more particularly 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 June 25, 2008, to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on July 16, 2008, to consider the
proposed project and recommended denial; and
WHEREAS. the Miami Planning Advisory Board, at its meeting on September 17, 2008,
following an advertised public hearing, adopted Resolution No, PAB 08-039 by a vote ofEight to Zero
(8-0), item No. P,8, recommending APPROVAL with conditions of the Substantial Modification to a
previously approved Major Use Special Permit Development Order as set forth; and
WHEREAS, the City Commission deems it advisable and in the best interest of the general
City of Miami
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welfare of the City of M
forth:
e a Major Use Special Permit Develcrnert Order as her einafter set
NOW, THEREFOR, BE l i RESOLVED BY THE OMMiS ON OF THE CITY OF MIAMI,
FLORiDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
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, at approximately 30 SOUTHWEST
12TH 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 development with a
maximum approximate height of 155 feet 6 inches to be comprised of approximately 221 total lodging
units with recreational amenities; approximately 1,775 square feet of retail space; approximately 8,870
square feet of restaurant space, and approximately 212 total parking spaces; providing for certain floor
area ratio ("FAR").
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-7 (Central Brickell Rapid Transit
Commercial -Residential District) zoning classification of Zoning Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended.
c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of
the PROJECT that have been found by the City Commission (based upon facts and reports prepared
or submitted by staff or others) to adhere to the following Design Review Criteria subject to the any
applicable conditions in the Development Order herein:
DESIGN REVIEW CRITERIA
I) Design Review Criteria: Applicability Compliance
(1) Respond to the physical contextual Yes Yes
environment taking into consideration
urban form and natural features;
(2) Sitting should minimize the impact
of automobile parking and driveways
Yes Yes
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on the pedestrian env
adjacent properties;;
`3) Buildings on corner lots should Yes Yes
be oriented to the comer and public
street fronts.
`!) Architecture and Landscape Architecture:
Design Review Criteria Applicability Compliance
(I) A project shall be designed to Yes Yes*
comply with all applicable landscape
ordinances;
(2) Respond to the neighborhood Yes Yes
context;
(3) Create a transition in bulk and Yes Yes
scale°
(4) Use architectural styles and details Yes Yes*
(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.
Ili) Pedestrian Oriented Development:
Design Review Criteria Applicability Compliance
Yes Yes
(1) Promote pedestrian interaction;
(2) Design facades that respond Yes
primarily to the human scale;
(3) Provide active, not blank facades. Yes
Where blank walls are unavoidable,
they should receive design treatment.
Yes
Yes*
IV) Streetscape and Open Space:
Design Review Criteria Applicability Compliance
City of
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Elie Ntumber. 08-0G902rn
(') Provide usable open space that
allows for convenient and visible
pedestrian access from the public
sidewalk;
(2) Landscaping, including plant
Material, trellises, special
pavements, screen wails, planters
and similar features should be
appropriately incorporated to
enhance the project.
Yes
Yes
Yes
V) Vehicular Access and Parking:
Design Review Criteria Applicability Compliance
(1) Design for pedestrian and Yes Yes
vehicular safety to minimize conflict
points;
(2) Minimize the number and width Yes Yes
of driveways and curb cuts;
(3) Parking adjacent to a street front Yes Yes
should be minimized and where
possible should be located behind
the building;
(4) Use surface parking areas as
district buffer.
Yes Yes
VI) Screening:
Design Review Criteria Applicability Compliance
(1) Provide landscaping that screen Yes Yes
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
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Life Number: O8 00902mm
situated and screened from view to
street and adjacent properties;
(3) 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.
Vli) Signage and Lighting.
Design Review Criteria Applicability Compliance
(1) Design signage appropriate for Yes N/A**
the scale and character of the project
and immediate neighborhood;
(2) Provide lighting as a design feature Yes NIA**
to the building facade, on and around
landscape areas, special building or
site features, and/or signage;
(3) Orient outside lighting to minimize Yes
glare to adjacent properties;
(4) Provide visible signage identifying Yes
building addresses at the entrance(s)
as a functional and aesthetic
consideration.
N/A**
NIA**
VIll) Preservation of Natural Features:
Design Review Criteria Applicability Compliance
(1) Preserve existing vegetation and/or Yes N/A
geological features whenever possible,
IX) Modification of Nonconformities:
Design Review Criteria Applicability Compliance
(1) For modifications of nonconforming Yes N/A
structures, no increase in the degree
of nonconformity shall be allowed;
(2) Modifications that conform to Yes N/A
current regulations shall be designed
to conform to the scale and context of
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f
the rto'l�=t"li if�§ S i `.4r�s,.g structure,
unasuB e.
''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 editions.
d. The PROJECT is expected to cost approximately $ 47,000,000, and to employ
approximately 292 workers during construction (FTE-Full Time Employees); The PROJECT will also
result in the creation of approximately 135 permanent new jobs (FTE) and will generate approximately
$ 393,875 annually in tax revenues to the City (2008 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
(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 deveiopment,
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 August 6,
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.
the City;
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
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08-00902mm
jurisd ction, such decision, shall in no manner affect the remain% pogtion of this
evelopment Order which shall remain in full force and effect.
Section 12. The provisions approved for this Mai r Use Specia=. Perm, as approved,
commence and become operative thirty (30) days after the adoption of the Resolution.
Section 13. This Major Use Special Permit, s approved, s"•''ail expire two (2) years fr
commencement and operative date,
Section 14. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {1}
DEVELOPMENT ORDER
m its
Let it be known that pursuant to 13, 17 and 22 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 major modification to a Major Use Special
Permit for Hampton inn & Suites (08-00902mm), (hereinafter referred to as the "PROJECT") to be
located at approximately 30 SW 12th 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 30 SW
12th Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 2.71± acres
and a net lot area of approximately 2.06± acres of land (more specifically described on "Exhibit A",
incorporated herein by reference). The remainder of the PROJECTs Data Sheet is attached and
incorporated as "Exhibit B".
The proposed PROJECT will be a mixed use development with an approximate height of 155
feet 6 inches N.G.V.D to be comprised of approximately 221 lodging units with recreational amenities;
approximately 1,775 square feet of retail space; approximately 8,870 square feet of restaurant area;
and 221 total parking spaces; providing for certain floor area ratio ("FAR").
The Major Use Special Permit Application for the PROJECT also encompasses the following
lower ranking Special Permits:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, to allow substantial changes to
the approved Major Use Special Permit Resolution 01-133, as amended;
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The Major Use Sp-eciai Pe
it encompasses the foiiowsng Special Permits and the add tsonas requests.
CLASS ll SPECIAL PERMIT, as per ARTICLE 6; Section 607 3, Class II Spec 3 Permit, to a
construction of a new building it SD-7 district
CLASS 11 SPECIAL PERMIT, as per ARTICLE 9, Section 922,4 (c), to allowmaneuvering ct tg ,c son
public Right -of Way, with referral to Public Works Director:
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 923.2.1, to allow reduction of loading berths
dimensions as follows;
Required Three (3) 12 feet wide x 35 feet long x 15 feet high
Proposed
One (1) 12 feet wide x 35 feet long x 15 feet high
Two (2) 10 feet wide x 20 foot long x 15 feet high
CLASS II SPECIAL PERMIT, as per Article 15, Sect.1512, to allow a waiver of the parking Guides and
Standards of the one (1) foot additional width dimension when a parking stall abuts a wall or column
obstruction.
CLASS 11 SPECIAL PERMIT, as per ARTICLE 9, Section 927_ Temporary structures, occupancies,
and uses during construction, criteria for specials 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 1 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 commercial -residential project under construction;
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
trailers) and other temporary construction offices such as watchman's quarters, leasing and sales
centers;
CLASS 1 SPECIAL PERMIT, as per ARTICLE 10, Section 10.6, Sub -Section 10.6.3.7, SD-7 Central
Srickell Rapid Transit Commercial -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 9,79 weighted
average decibels at any time and/or day subject to the City Manager Exception pursuant to Section
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- c) and all the applicable criteria;
REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following candid o? be required. a
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 Covenant:. an /or RestEict ?°s
providing that the ownership, operation and maintenance of ail common areas and facilities will he
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 c wenant in lieu of a lJnity
of Title.
Pursuant to Articles 13, 17, and 22 of Zoning Ordinance No. 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 Israel Bigelman - Architect, dated July 28, 2008; the landscape plan
shall be implemented substantially in accordance with plans and design schematics on file prepared by
Alex Knight - Landscape Architect and Planner, dated March 28, 2008; 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; 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 designation SD-7 (Central Brickeli
Rapid Transit Commercial -Residential District) zoning classification, as contained in the Zoning
Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The proposed
comprehensive plan future land use designation on the subject property allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY,
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE
FOLLOWING:
1) Meet all applicable building codes, land development regulations, ordinances and other
laws and pay all applicable fees due prior to the issuance of a building permit.
2) Allow the Miami Police Department to conduct a security survey, at the option of the
Department, and to make recommendations concerning security measures and systems; further
submit a report to the Planning Department, prior to commencement of construction, demonstrating
how the Police Department recommendations, if any, have been incorporated into the PROJECT
security and construction plans, or demonstrate to the Planning Director why such recommendations
are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating
APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of
Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development
process and review procedures, as well as specific requirements for fire protection and life safety
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systems, exiting, vehicular access and water supply,
4) Obtain approval from, or provide a letter of assurance from the Department of Sold Taste
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 shelf 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) Integrate the parking garage into the building's architecture on
all facades, b) Parking Garages must be screened from the sight of adjacent properties, c) Provide
details of the materials proposed to cover the garage openings, and indicate how all vehicles and
mechanical systems within the garage will be concealed from view, d) The East and West facades
shall include windows; e) A continuous canopy of shade trees along all street frontages must be
provided. Additional palms and other vegetation may help to highlight entry features and other
architectural features; f) Enhance the landscape buffers along the western site perimeter by providing
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tiered layers of plantings includi.rg shade trees; understory trees, palms, shrubs, and ground cover to
create a lush buffer, and g) Provde details of the landscape planters located on the parking garage.
Landscape planters roust be provided every two floors to ensure that the "green screen" properly
screens the negative effects of the garage. h) Compliance, prior of TCO issuance, with conditions of
sufficiency fetter prepared by the City's Traffic Consultant on BJV.0 #193 of July 9, 2008.
12) Pursuant to comments by the City of Miami Public Works Department, the following street
improvements shall be required of the applicant; S.W 12 Street; Replace all damaged and broken
sidewalk, curb and gutter adjacent to the project site. Grade and shape parkway adjacent to the
project site and plant solid sod and street trees. Mill, level and resurface S.W. 12 Street, full with, from
t ae west property line of the Hampton site to approximately 100 feet west of the intersection of and
South Miami Avenue.
13$ Within 98 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.
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APPROVES AS TC FORM AND CORRECTNESS:
lE O. 3RU
Y 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 ilayorvetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami
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