HomeMy WebLinkAboutSubmittal-Charles Patrick-City of Miami Resolution R-06-0404City of Miami
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File Number: 06-00426mu Enactment Number: R-06-0-104
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS.
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT
PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO.
11000, AS AMENDED, FOR THE HIAWATHA VILLAGE PROJECT, LOCATED
AT APPROXIMATELY 3535 HIAWATHA AVENUE, MIAMI, FLORIDA, TO
CONSTRUCT AN APPROXIMATE 68-FOOT, 4-INCH, 6-STORY HIGH
RESIDENTIAL STRUCTURE CONSISTING OF 19 TOTAL MULTIFAMILY
RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, IN ADDITION TO A
3-UNIT SINGLE-FAMILY TOWN -HOME COMPONENT, AND APPROXIMATELY
75 TOTAL PARKING SPACES: PROVIDING FOR CERTAIN FLOOR AREA
RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; 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 November 7, 2005, Lucia A. Dougherty, on behalf of G.C. Homes, Inc. contract
purchaser and Chateau Apartments, Ltd LLLP, owner (referred to as "APPLICANT"). submitted a
complete Application for Major Use Special Permit for Hiawatha Village (referred to as "PROJECT")
pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the property located at
approximately 3535 Hiawatha Avenue, 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 July 26, 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 Historic and Environmental Preservation Board met on December 6. 2005, to
review the proposed project for a Certificate of Appropriateness and recommended APPROVAL; and
WHEREAS, the Miami Zoning Board, at its meeting held on April 24, 2006, Item No. 6, following
an advertised public hearing. adopted Resolution No, ZB-06-1172 by a vote of five to two (5-2),
recommending APPROVAL of a Variance as hereinafter set forth; and
WHEREAS; the Miami Planning Advisory Board, at its meeting held on -June 7, 2006 Item No 4,
following an advertised public hearing, adopted Resolution No. PAB 06-057 by a vote of seven to
zero (7-0), recommending APPROVAL with conditions of the Major Use Special Permit Development
Order as hereinafter set forth; and Submitted into the P uI
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File Number: 06-00426mu Enactment timber: R-06-0404
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, 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 3535 Hiawatha
Avenue, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of an approximate 68-foot. 4-inch, 6
-story high mixed use structure to be comprised of approximately 19 total multifamily residential units
with recreational amenities; in addition to a 3-unit single family town home component; and
approximately 75 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 Plan, as
amended.
b. The PROJECT is in accord with the existing R-3 (Multifamily High -Density Residential) 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:
(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.
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File Number: 06-00426mu Enactment Number: R-06-0404
II) Architecture and Landscape Architecture:
(1) A project shall be designed Yes. *Yes.
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood Yes. *yes.
context;
(3) Create a transition in bulk Yes. *Yes.
and scale;
(4) Use architectural styles Yes. *Yes.
and details (such as roof lines
and fenestration); colors and
materials derivative from
surrounding area;
(5) Articulate the building facade Yes. *Yes.
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
III) Pedestrian Oriented Development.
(1) Promote pedestrian Yes. *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.
Submitted into the pubc
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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
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
Submitted into the pub is
record f r item(s)
on lilt —tin City Clerk
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File Number: 06-00426mu Enactment Number: R-06-O.10.1
areas, special building or
site features. and/or signage:
(3) Orient outside lighting to
minimize glare to adjacent
properties;
(4) Provide visible signage
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
Yes.
Yes.
VIII) Preservation of Natural Features:
*Yes.
`Yes.
(1) Preserve existing vegetation Yes. *yes.
and/or geological features
whenever possible.
IX) Modification of Nonconformities:
(1) For modifications of Yes. *Yes.
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform Yes. *Yes.
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 $60,067,893, and to employ approximately
122 workers during construction (FTE-Full Time Employees); The project will also result in the creation
of approximately 3 permanent new jobs (FTE) for building operations and will generate approximately
$293,819 annually in tax revenues to the City (2006 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;
City ui .Ai uni
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File Number: 06-00426mu
Enactment Number: R-06-0404
(9) based on the record presented and evidence presented, the public welfare will be served by
the PROJECT; and
(10) any potentially adverse effects of the PROJECT arising from safety and security fire
protection and life safety, solid waste, heritage conservation. trees, shoreline development. minority
participation and employment, and minority contractor/subcontractor participation will be mitigated
through compliance with the conditions of this Major Use Special Permit .
Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the
APPLICANT and any successors in interest.
Section 7. The application for Major Use Special Permit, which was submitted on November 7.
2005, 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.
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 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 Hiawatha Village (MU-2005-033), (hereinafter referred to as the "PROJECT") to be located at
approximately 3535 Hiawatha Avenue, 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:
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File Number: 06-00426mu Enactment Number: R-06-0404
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately 3535
Hiawatha Avenue, Miami, Florida. The PROJECT is located on a gross lot area of approximately 1.75
± acres and a net lot area of approximately 1.35± 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 68-foot, 4-inch, 6-story high mixed use structure
to be comprised of approximately 19 total multifamily residential units with recreational amenities: in
addition to a 3-unit single family town home component; and approximately 75 total parking spaces.
The Major Use Special Permit Application for the PROJECT also encompasses the following lower
ranking Special Permits:
VARIANCES
REQUEST, for a VARIANCE, as per, Article 19, Article 4, Sect.401, R-3 Multifamily Medium -Density
Residential, to allow a relaxation of limited to height subject to determination that affordable housing
development bonus is not the result of this requested variance;
Proposed height: 68 feet 4 inches A.F.L. at middle ridge for gable roof.
Maximum height allowed: 50 feet 0 inches A F.L at middle ridge for gable roof.
Request to waive: 18 feet 4 inches
MAJOR USE SPECIAL PERMITS
MUSP, 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) (b), to allow up to 20% increase
of floor area ratio, for an increase of approximately 11,450 square feet of floor area;
MUSP, 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 14,313 square feet, the user shall make a non-refundable bonus
developer contribution of an amount of $177.479 to the Affordable Housing Trust Fund administered
by the City of Miami;
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 15, Section 1511. Class II Special Permit required for any
development between Biscayne Bay and the first dedicated right-of-way. to allow development on
property located between Biscayne Bay and the first dedicated right-of-way;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512. Class II 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 917, Sub -Section 917.14, Sub -Section 917.14.1
Parking Lifts, Robotic and Mechanical parking systems, Enactment No 12758.. to allow a mechanical,
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File Number: 06-00426mu Enactment Number: R-06-0404
robotic, automated or parking lift system;
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 PERMITS
CLASS I SPECIAL PERMIT, as per Article 9, Section 906, Sub -Section 906.9. Temporary special
events: special permits; criteria, to allow temporary carnival, festival, fair or similar type event on
privately owned or City -owned land such as a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per Article 9, Section 916, Sub -Section 916.2.1. Temporary special
event parking, to allow parking for temporary special event such as groundbreaking ceremonies:
CLASS I SPECIAL PERMIT, as per Article 9, Section 918, Sub -Section 918.2. Temporary off-street
offsite parking for construction crews, criteria, to allow temporary off-street offsite parking for
construction crews working on a residential project under construction;
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 10.3.2.2. Sub -Section 10.5.3.3(3). R-3
Multifamily Medium -Density Residential - Sign Regulations, to allow temporary signs for development,
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 MUSP conditions to be satisfied at the time of Shell Permit 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, 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 Behar Font & Partners. dated January 30, 2006; the landscape plan shall be
implemented substantially in accordance with plans and design schematics on file prepared by Behar
Font & Partners; dated January 30, 2006; said design and landscape plans may be permitted to be
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File Number: 06-00426mu Enactment Number: K-06-0404
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 proposed R-3 (Multifamily High -Density
Residential) 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 including the required
Affordable Housing Trust fund contribution of $12.40 per square foot for any applicable FAR increase
sought under those provisions.
2) Allow the Miami Police Department to conduct a security survey. at the option of the
Department, and to make recommendations concerning security measures and systems; further
submit a report to the Planning Department, prior to commencement of construction, demonstrating
how the Police Department recommendations, if any, have been incorporated into the PROJECT
security and construction plans, or demonstrate to the Planning Director why such recommendations
are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating
APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of
Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development
process and review procedures, as well as specific requirements for fire protection and life safety
systems, exiting, vehicular access and water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste
that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a
shell permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for
Development Approval, with the understanding that the APPLICANT must use its best efforts to follow
the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide.
6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of
a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and
Restrictions providing that the ownership, operation and maintenance of all common areas and
facilities will be by the property owner or a mandatory property owner association in perpetuity
7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP
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.
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File Number: 06-00426mu Enactment Number: R-06-0404
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
applicantshall 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) The single-family units shall be oriented to have the garage doors to
face the interior of the site and to front W. Glencoe St. with the main living spaces of the building; (b)
Provide a complete set of floor plans and elevations of the single family home; (c) Provide details of
the auto court in front of the single family home, including number of spaces provided, paving type,
and landscaping; (d) Prior to City Commission consideration, the applicant shall submit a soil study to
confirm the FEMA Base Flood Elevation. This is a request by the Zoning Department to determine the
final height of the building.
12) Pursuant to comments by the City of Miami Public Works Department, the following street
improvements shall be required: (a) Hiawatha Avenue - Replace all broken and damaged sidewalk,
curb and gutter on both sides and mill and resurface the entire width, curb to curb, between Hiawatha
Circle and South Bayshore Drive; (b) Glencoe Street - Replace all broken and damaged sidewalk, curb
and gutter on both sides and mill and resurface the entire width. curb to curb, between South Bayshore
Court and South Bayshore Drive.
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 heights referenced in the letter
from Miami -Dade Aviation to the Planning Department dated July 7, 2005
14) Pursuant to HEPB Resolution 2005-097, the applicant shall meet the following conditions:
(a) Submit monthly reports to the City of Miami during any archeological testing and monitoring
activities to document the results of any finds: (b) Submit two final reports to the City of Miami within 90
days of completion of the archeological investigations and monitoring: (c) Submit a detailed
archeological management or mitigation plan to the City of Miami prior to the commencement of any
further archeological investigations or construction activities if significant archeological material is
identified,
15) A development bonus to permit a mixed use of 14,313 square feet of floor area shall
require a non-refundable payment to the Affordable Housing Trust Fund of an amount of $12.40 per
square foot for a total of $177,479.
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File Number: 06-00426mu Enactment Number: 12-06-0404
16) Property owners of the Hiawatha Development are prohibited from using the Unnumbered Lot
(Located at the north easterly end of South Bayshore Lane, as shown on the "Fairview Subdivision
Plat" recorded in Plat Book 4, Page 176 of the Public Records of Miami -Dade County adjacent to and
in between Lot 1 of Block 1 and Lot 1 of Block 3 of the above stated "Fairview Subdivision Plat"
mately 22 x 35 feet in size)) for access, driveways or through streets for vehicular passage from the
Condominium into or through the Fairview Subdivision or the public streets therein including South
Bayshore Lane, East Fairview Street and West Fairview Street.
17) Developer shall erect a fence (no taller that 6 feet high) from the Hiawatha Avenue cul-de-sac
along the Southwesterly property line bordering and paralleling the Fairview Subdivision. Developer
shall also provide two (2), four (4) foot wide pedestrian gates (one at each end) located along this
fence at the place where it intersects the Unnumbered Lot at the Northeasterly end of South Bayshore
Lane located in the Fairview Subdivision. Developer shall improve the easement area with a level
passage way of pavers or concrete sidewalk (to be determined by Developer in its sole discretion).
These four (4) foot wide gates shall have a spring loaded automatic closer that also automatically lock
and an electronic key code pad on each side of the gates which code shall be provided to all of the
property owners within the Fairview Subdivision. Developer agrees to include in the declaration of
condominium for the Project that the maintenance. repairs and replacement (if applicable) of this
fence, electronic gates, and easement area shall be the responsibility of the condominium association
for the Project; provided, however Developer shall in no way be required to enforce the same nor shall
Developer have any obligations or liability in the event the condominium association for the Project
fails to maintain the same.
18) Developer shall in cooperation with the Fairview Neighbors petition the City of Miami (the
"City") to dedicate that portion of the Unnumbered Lot (approximately 20ft. x 35ft.) as a
mini -neighborhood public park. If such petition is successful, Developer agrees to donate as a gift to
the City the following improvements to the Unnumbered Lot' (i) install landscaping (to be determined
by Developer in its sole discretion, but no hedges shall be installed on the easement or the
Unnumbered Lot); (ii) install one (1) exterior lighting pole (to be selected at Developer's sole discretion)
(which shall go on automatically at dusk and off during the day). (iii) install one (1) park bench with
backrest made of recycled poly vinyl materials: (iv) raise the elevation, grade, storm drain, and provide
drainage as required by the City of Miami and/or Miami -Dade County (the "County"); (v) install new
sod; (vi) install sprinklers; (vii) install one (1) outdoor water drinking fountain; (viii) install one (1) vinyl
coated wire mesh trash bin; (ix) install one (1) plastic bag dispenser (for dog defecation clean-up); and
(x) install one (1) small sign that instructs walkers of dogs to clean up after their dogs. Developer
agrees not to install any hedges within Mini Fairview Subdivision Park. Developer shall not be
responsible for any of the maintenance, repairs, or replacements associated with the items required
under this section. Developer shall improve the easement area with a level passage way of pavers or
concrete sidewalk (to be determined by Developer in its sole discretion). Developer agrees not to
install any hedges within the easement area.
19) Developer shall in cooperation with the Fairview Neighbors petition the City and the City
Planning & Parks Department to bring Steel Park numerous improvements. If such petition is
successful, Developer agrees to donate as a gift to the City the following improvements to Steel Park:
(i) raising the height of the park's elevations and storm drains; (ii) adding several large shade trees; (iii)
replacing and installing at least four (4) new eight (8) foot long picnic tables with attached benches and
three (3) additional benches with back supports all made of recycled poly vinyl type materials; (iv)
installing adequate lighting by adding at least four (4) automatic lights that turn on at dusk and turn off
by 11:00 p.m; (v) installing three (3) vinyl coated wire mesh trash bins; (vi) installing three (3) plastic
bag dispensers (for dog defecation clean-up); (vii) installing three (3) small signs that instructs walkers
('qv of Alionn Page l l of I 1
Submitted into the publi6 ii_"' °!'`
record fjPr items) bv
on (Z1 I I'� City Clerk
File Number: 06-00426mu Enactment Number: R-06-0404
of dogs to clean up after their dogs; (viii) install sprinklers; and (ix) installing one (1) outdoor water
drinking fountain. Developer agrees not to install any hedges within Steel Park. Developer shall not
be responsible for any of the maintenance, repairs. and/or replacements associated with the items
under this section.
20) Developer agrees that the Project shall have a maximum of nineteen (19) residential
condominium units and three (3) R-1 homes (plus three (3) additional R-1 homes adjacent to the
project and located on West Glencoe Street).
21) Developer agrees to dig as many on site deep dry wells as are required by the City and County
in order to provide maximum absorption of water and rain drainage to be kept on the Project's property
and off of the Fairview Subdivision, These drainage dry wells shall also be incorporated into the site
plans for the Project submitted to the City's and County's Building and Permitting Departments, if
applicable.
22) Developer agrees to that the above improvements shall be completed prior to the Developer
receiving Certificates of Occupancy for its units within the Project, or within six months from the
expiration of all appeal periods on the MUSP and Variance, whichever is earlier, provided closing on
the acquisition of the property.
23) Developer, being the owner of the Easement Area (as hereinafter defined), hereby grants,
declares and establishes a perpetual, non-exclusive easement for pedestrian ingress, egress and
passage upon, over, across, along and through that certain portion of property [A ten foot wide strip of
land, being a part of the Hiawatha Village Project, running 110 feet more or less along its most western
property line, starting at Southwesterly of the sidewalk and cul-de-sac, at the end of the City Street
known as Hiawatha Avenue, and said strip of land running 110 feet more or less southeasterly parallel
and adjacent to the Northeastern lot lines of lots 2 and 1 of block 1 and also along the parallel and
adjacent north easterly property line of the unnumbered lots width (being 21 5 feet), (and said
easement ending at the most easterly corner of the unnumbered lot) which is located between lot 1 of
block 1 and lot 1 of block 3 of the Fairview Subdivision according to the Plat thereof recorded in Plat
Book 4, Page 176 of the Public Records of Miami -Dade County) to and for the benefit of all private
owners within the Fairview Subdivision, their successors, assigns and guests. This easement is
granted to all lot owners and property owners of said lots (except the City of Miami) as set forth on the
Plat of the "Fairview Subdivision," recorded in Plat Book 4, Page 176, of the Public Records of
Miami -Dade County, Florida. The condominium association to be created for the Hiawatha Village
Project shall be responsible for the maintenance of the Easement Area and the costs associated
therewith.
24) Developer agrees, that during and throughout all the phases of this development and until the
completion of this development, the Developer shall put in his service and construction contracts with
all suppliers of all materials including construction materials and services, any and all contractors,
sub -contractors, their employees, delivery personnel, service suppliers, construction workers, his
employees or any other persons doing business with the building of this Hiawatha Village Project shall
not be allowed to deliver from or park any vehicles or equipment within the FAIRVIEW SUBDIVISION
on or along the streets, swails or any lots of the Fairview Subdivision. (i.e. East Fairview Street, South
Bayshore Lane and West Fairview Street),
25) Developer agrees, that if necessary, they shall pay for and set up a Shuttle service to and from
this Hiawatha Construction Project to a larger public parking lot/facility in the nearby area.
Ca) a/'1inImt ;r r /-, '11
Submitted into the pub c l/-H64,;0;
record fqr ite (s)
on
on _II City Clerk
File Number: 06-00426mu Enactment Number: R-06-0404
26) 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.
Date: JUNE 22, 2006
Mover: COMMISSIONER SANCHEZ
Seconder: COMMISSIONER HASKINS
Vote: AYES: 5 - COMMISSIONER GONZALEZ, HASKINS, SANCHEZ, REGALADO AND
SPENCE-JONES
Action: ADOPTED WITH MODIFICATIONS
Date: JUNE 29, 2006
Action: SIGNED BY THE MAYOR
('itp gJ 1lrmnt N;lxr 13 :)/ f 1
SubrnittLd into the pubAic
record f r itcii(s) 1,
on �n City Clerk
File Number: 06-00426mu Enactment Number: R-06-0404
I, Priscilla A. Thompson, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do
hereby certify that this constitutes a true and correct copy of Resolution No. R-06-0404, with
attachments, passed by the City Commission on 6/22/2006.
December 15, 2006
Deputy Clerk (for4'. A. Thompson, City Clerk) Date Certified
{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.
<`tf1' ql dhaM1 Page
Submitted into the pu is R-06-04 4
record fir iten (s) I�1
on Iin ir77 . City Clerk
•
EXHIBIT "A"
SURVEYOR'S NOTES
2. LEGAL DESCRIPTION:
TRACT "A", "B" And "C", of "STEELE PART; Su3DIv1SION ctca.di, y ! '.ne
tat thereof, (le recorded in Plat Book 69 ct Page 35 of the rv�t7 _c
Reaorrt• of tero.m_-Dade f;n_ tty, c't,
Lots 8 one 9 less the Norihecsterty 5.0 feet thereo', :n at;ock
'CLENCOE", according to the Plot thereof, as Recorder; :n ;it -Jr 33,3K 5
at Page 119 of the Pubnc Re_orys o+ tdi7m{-Ocde County r or:do.
Submitted into the pu is
record f r ite�(s
on)
City Clerk
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A0.02
City of Miami
Master Report
Enactment Number: R-06-0404
City Han
3500 Pan American Drive
Miami. FL 33133
www miamigov com
File Number: 06-00426111u
Version: 3
File Type: Resolution
Reference:
Status: Passed
Controlling Body: Office of the City
Clerk
File Name: Major Use Special Permit - Hiawatha Village Introduced: 3. 13 2006
Requester: Cost:
Final Action: 6-22.2006
Title: A RESOLUTION OF TIIF MIAMI CITY COMMISSION, WITI I Al TAC11M[N IS. APPROVING
W'I"I"l1 CONDITIONS, A MAJOR USE SPI'ICI,AL. PERMIT PURS( AN 1'10 AR I ICI.LS 5. 9. 13 \NI)
17 OF ZONING ORDINANCE NO. 11000. AS AMENDED, FOR flll'. IiIAWA FHA VILLAGI'
PROJL-C f. LOLA 1-Ei:l_) A f APPROXI,A1ATE:LY' 3535 I IIAWAl11:A \\ 1 vl li. MIAMI, FLORIDA, 10
CONSTRUCT AN APPROXIMATE 6$-1:001.4-INCIL 6-STORY HIGH RFSIDENTIAI.
STRUCTURE CONSISTING OF 19 "FOTAI. MULTIFAMILY RESIDLN 1'IAL, 1.1NI'I S \Yl"Ill
RECREATIONAL AMI-:NIl1ES, IN ADDIIION fO A 3-1 NI I SIN(i1 1:-FA\'1II.Y 1 0WN-I IUM1I
C'O's'1PONI N"1': AND APPROXIR'1AITI.Y 75 'I'OTAI. PARKING SPACES: PROVIDING FOR
CFRTAIN FLOOR AREA RA 1 Ri ("FAR") BONUSES: DIRECTING j11RANSMITIA1 : MAKING
FINDINGS OF FACT AND STAI ING CONCLUSIONS OF I_AW: PROVIDING FOR BINDING
I FFFCI CONTAINING ;A SEVERABLE' CLAUSE .AND PROVIDING FOR :AN I:FFF:C'I IVI
DA I'E.
Sponsors:
Notes: *Please refer to File ID 06-00436v as a cross reference.
Indexes:
Attachments: 06-00426mu - Zoning Map.pd1.06-00426mu - Aerial Photo.pdf,06-00426mu - Projects in
Vicinity.pdL06-00426mu - IJDRB Resolution (10.19.05) pdf.06-00-126mu - IL)R(: Comments
(9.27 05).pdf,06-00426rnu - Public Works Comments (7 7.05).pd1:06-00426nur - Aviation Comments
(7.7.05)_pdf,06-00426nm - Traffic Sufficiency Letter (7.6.05).pdf,06-00426mu - School Board Comments
(6.29.05).pdf,06-00426mu - Exhibit A.pd1,06-00426mu - Exhibit B.poll06-00426mu - PAB Fact
Sheet.pd[06-00426nur - PAB Anal) sis.pdf,06-00426mu - PAB Legislation.pd[06-00426mu - I11:PB
Resolution (12.6.05).pd1,06-00426mu PAR Reso.pd1.06-00426mu - Front Cover PDF.06-00426mu -
Inside Cover.PDF.06-00426mu - Table ol'Contents.PDF,06-00426mu - Article 1 - Project
Information.PDF,06-00426mu - 1 A. Letter or Intent.PDF,06-00-126mu - 1 B. Major t. se Special Permit
Application.Pl)F.06-00426mu - 1 C.'Zoning Write-Up.PDF,06-00426mu - 1 D. Zoning
Atlas.PDF.06-00426nr - 1 E. Project Data Sheet.PDF,06-00426nw - 1 F. State of Florida
Documents. PI)F.06-00426nnr - 1 Ci. Ownership 1_ist.PD12,06-00426nnr - 1 11. Warranty
Deed.PDF,06-00426mu - 11. Owner's Authorization I.etter.PDF,06-00426nnt - 1 .1. Directory of Project
Principals. PDF,06-00426niu - Article I1 - Project Description.PDF,06-00426mu - Article III - Supporting
Documents.PDF,06-00426mu - 111 Tab 1 Minorit} Construction Employment Plan.PDF.06-00420mu - Ill
Tab 2 Traffic Impact Analysis.PDF.00-00426nur - Ill Tab 3 Site t.itilit) Stud) Pl)F.00-004126mu - 1 ab
4 Economic Impact Stud>.PDF.06-00426mu - Ill lab 5 Survey of Propert.v.PDF.06-00426nui - II1 I ab 6
Drawings Submitted.PDF.06-00426mu cc R11 SP Fact Sheet.pd106-00426mu CC' Ml'SP
Analv.is.pdf,06-00426mu CC Variance Fact Sheet.pd[06-00426mu C(' Variance
Analysis.pd[06-00 426mu CC Variance ZB Reso.pdf.06-00426mu School Board Reyiev' Analysis -
RFV.pdt;00-00426mu CC Legislation (Version 2).pdF06-00426mu Submittal.pdf.00-00426mu
Submittal-2.pdf,06-00426mu - Legislation - Ver. 3 FINAI..pdf,
History of Legislative File
1: '1rr nl .l train,
Submitted into the pu lie Ponied on 12
record tr it m s) I , q
on 417,1111 City Clerk
a
City of Miami
Master Report
Enactment Number: R-06-0404
City Hall
3500 Pan American Dove
Miami, FL 33133
www miamigov com
Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result:
1
3
Planting Adsisor> Hoard >. 17:2006 C'ON fINt1 1)
Planning Ad> isory Board 617'2006 Recommended
\pproval v+ith
Conditions
ss
Pass
Otliie of the Cit> 6 2112006 Re',iened and
.Attorne> Approved
Cite Commission 6:22:2006 .'A1)(1611.I) \\ 11 I Pass
MODIFICA LIONS
Ottice of the Nlii> or 6:29:2006 Signet] be the Marur Office of the Cite
Clerk
Office of the City Clerk 6/3(k2006 Signed and Attested
b� Cit. Clerk
Office of -the Cit> 8:15 1006 RCv ie ed and
Atlornev ;ApprovCd
Action Note:
Nludilications made t+
Submitte
record
on