HomeMy WebLinkAboutStaff Analysis and Maps15 f1F.9Wj.T \1
NOTICE
This submittal needs b be scheduled br a public hearing
In eccorbana wkh timelines set forth in the City M
Mlarni Cotle. The appllcad' beciWon-making bdywill
reWewthein ab at the public hearing t. r do ,e
recommendation or a final d.dm.n.
PZ-21-10748 /
w 03/22/22 /f
�. City of Miami
* 116111 IIIIIk
%) Planning Department
ANALYSIS FOR
SPECIAL APPEARANCE
Staff Analysis Report No.
PZ-21-10748
Location
3622 SW 22 ST
Folio Number
0141160092350
Miami 21 Transect
T4-R and T5-0
MCNP Designation
Low Density Multifamily Residential (36 D.U.) and
Medium Density Restricted Commercial 65 D.U.
Commission District
D-4 Commissioner Manolo Reyes)
Department of Human
Service Neighborhood
Service Center
District 4 Office Neighborhood Service Center
(305) 960-5131
Planner
Paula De Carolis, Planner II (mpdcarolis@miamigov.com
Property Owner
The Mile Apartments LLC c/o w Multifamily Fund 1 LLC
Project Representative
Javier F. Avino 'avino bilzin.com
A. REQUEST
The Mile Apartments LLC c/o W Multifamily Fund 1 LLC, (the "Applicant"), owner of the
development located at 3622 SW 22 St., Miami, Florida (the "Property"), requests a Special
Appearance for a release of a Declaration of Restrictive Covenants (the "Covenant") voluntarily
proffered and recorded on May 14, 1987 in the Official Records Book 13280, Page 447, of the
Public Records of Miami -Dade County, Florida.
B. RECOMMENDATION
The Planning Department recommends Approval and full release of the Declaration of
Restrictive Covenants as presented by the Applicant, based upon the facts and findings in this
staff report.
Staff Analysis Report No. PZ-21-10748_SA 3622 SW 22 Street — Page 1
3/21/2021
NOTICE
Thls submittal needs b be scheduled br a public h-1,g
In eccorbanre whh timelines set forth in the City M
Miami Cotle. The applicad' beciWon-making bdywill
reWewihei nbrmak at the public hearing to r do ,a
recommendatbn or a final tleclaon.
PZ-21-10748 /
w 03/22/22 1
PROPERTY INFORMATION:
The Property is legally described as Lots 3, 4 and 5, less the north 35 feet and Lots 28, 29 and
30, less the south 10 feet, in Block 6 of Amended Plat Miami Suburban Acres, according to the
plat thereof, as recorded in Plat Book 4, Page 73, of the Public Records of Miami -Dade County,
Florida. The zoning classification for this site is T4-R and T5-0, is bounded by two streets; 22
Street to the north and 22 Terrace to the south. The lot is 38,250 square feet and the development
on the Property is approximately 146'-0" tall with 120 residential units.
1
Figure 1 — Zoning Designation -Property outlined in blue
�.:a!y W.W 11M= •jai'- k;I
Staff Analysis Report No. PZ-21-10748_SA 3622 SW 22 Street — Page 2
3/21/2021
1SY f1i'.9�j.T \1
N sV�
NOTICE
This submittal needs b be sche&W d br a pabkr hearing
In eccorbanre wkh timelines set forth in the City M
Mlarni Cotle. The applicad' dmiWon-making bdywill
reWewihein ak at the pabkc hearing t. rentlere
recommendation or a final d.dm.n.
PZ-21-10748 /
w 03/22/22 /f
Figure 2 — Aerial of Property -outlined in blue
Staff Analysis Report No. PZ-21-10748_SA 3622 SW 22 Street — Page 3
3/21/2021
1SY f1i'.9�j.T \1
N sV�
NOTICE
This submittal needs b be sche&W d br a pabkr hearing
In eccorbanre wkh timelines set forth in the City M
Mlarni Cotle. The appllcad' dmiWon-making bdy Wil
reWewthein ak at the pabkc hearing t. r do ,e
recommendation or a final d.dm.n.
PZ-21-10748 /
w 03/22/22 /f
C. NEIGHBORHOOD CONTEXT
SURROUNDING
USES
Miami 21
MCNP / Density
Existing Use
North
"75-0" Urban Center—
Medium Density
Restricted Commercial
Department Store
Open
(65 D.U.)
Retail Outlet
'73-0"
Duplex Residential
Single Family (1 unit)
South
Sub -Urban — Open
(18 D.U.)
and Single Family
(2 units)
74-R and T5-0"
Low Density Multifamily
General Urban — Restricted
Residential (36 D.U.)
East
Urban Center- Open
Medium Density
Restaurant / Cafeteria
Restricted Commercial
(65 D.U.)
'75-0" Urban Center—
Medium Density
West
Open
Restricted Commercial
Hotel / Motel
(65 D.U.)
The Property is located in a Mixed -Use Neighborhood which contains residential and commercial
retail spaces. The diversity in Transect Zones provide a blend of Uses that seamlessly transition
and integrate daily functions, and also allows for a variety of building heights and architectural
styles. SW 22 ST, also known as Coral Way, is an urban corridor that connects 2 municipalities
and sets the stage for active, lively, and embracing of an urban lifestyle that reinforces Miami's
multi -cultural characteristics and complements the unique look created by the existing tree
canopy. The boulevard is lined with Banyan trees which serve as the signature element of this
corridor. The history of Coral Way dates back to the City Beautiful Movement and played a
significant role in the development of Miami.
Staff Analysis Report No. PZ-21-10748_SA 3622 SW 22 Street — Page 4
3/21/2021
1SY f1i'.9�j.T \1
N sV�
NOTICE
This submittal needs b be sche&W d br a pubk hearing
In eccorbanre wkh timelines set forth in the City M
Miami Cotle. The appllcad' dmiWon-making bdywill
reWewthein ab at the pabkc hearing t. r do ,e
recommendation or a final d.dm.n.
PZ-21-10748 /
w 03/22/22 /f
D. BACKGROUND
On February 26, 1987, a change in zoning classification was approved, under Ordinance 9500,
by the City Commission pursuant to City Ordinance No. 10230 for the property located at 3621-
3631 SW 22 TER which was legally described as Lots 28,29, and 30 less the south one (1) foot
of each, in Block 6 of the Amended Plat Miami Suburban Acres, according to the plat thereof, as
recorded in Plat Book 4, Page 73, of the Public Records of Miami Dade County, Florida.
On May 14, 1987 the Covenant was recorded in the Official Records Book 13280, Page 447, of
the Public Records of Miami -Dade County, Florida for the rezoning of the same Property, except
that the south one (1) foot of each of Lots 28, 29, and 30, was excluded from the Declaration.
The Covenant contained the following restrictions:
A. Building Height Limitation
B. Landscape Plan and Buffer
C. Vehicular Access Limitation
D. Local Park Contribution
E. ANALYSIS
The Applicant seeks release of the Covenant pursuant to "Paragraph F" which states the Covenant
may be released by written instrument executed by the Owner of the Covenant Property, and with the
approval by City Commission, after a public hearing.
The Applicant, in their letter of intent (LOI) states that through the approval at City Commission of the
project as a Major Use Special Permit ("MUSP"), and subsequent issuance of building permits for the
construction of the project, the Covenant has been released; and based that the foregoing Declaration
is no longer necessary, the Applicant requests its release.
After careful consideration and review, Planning Staff has determined that the Covenant is in full force
until its release; however, Staff also recognizes that through the approval of the MUSP some of the
restrictions became replaced by the development and execution of the MUSP.
More specifically, and pursuant to "Restriction A", Building Height Limitation, where the height of
buildings located within fifty (50) feet of the south property line of the property along SW 22 TER shall
not exceed two (2) stories or thirty-five (35) feet. The Project approved under the MUSP has a liner
building measuring approximately fifty-four (54) feet and four (4) inches to the top of the sixth (61") Floor
Slab and the building tower is recessed fifty (50) feet approximately from the south property line along
SW 22 TER, per the plans on file. Please refer to Figure 3, 4 and 5.
Staff Analysis Report No. PZ-21-10748_SA 3622 SW 22 Street — Page 5
3/21/2021
1SY f1i'.9�j.T \1
N sV�
NOTICE
This submittal needs b be sche&W d br a pubk hearing
In eccorbanre wkh timelines set forth in the City M
Miami Cotle. The applicad' dmiWon-making bdywill
reWewihein ab at the pabkc hearing to r do ,e
recommendation or a final d.dm.n.
PZ-21-10748 /
w 03/22/22 /f
Moreover, "Restriction B", Landscape Plan and Buffer, states that a twenty (20) feet landscape buffer
along the entire south property line was required to contain heavy, visually impenetrable landscaping
to obscure the view of the property by adjacent property owners to the extent reasonably possible;
alternatively, a twenty (20) feet deep porch was provided along the entire south property fronting SW
22 TER, please refer to Figure 6.
Additionally, and pursuant to "Restriction C, Vehicular Access Limitation, states no vehicular access
for the egress shall be permitted across the south property line of the property along SW 22 TER.
This requirement was superseded by a one-way driveway built to provide ingress through SW 22 ST
and egress from SW 22 TER, which internally connects both streets and provide access to the
parking of the building, refer to Figure 5.
A Local Park Contribution recorded in "Restriction D", is required in the amount of $5,000.00 and shall
be paid to the City of Miami prior to the issuance of any building permit for the Property which
contribution shall be applied by the City for Park Improvements Trust Funds for Child Care Facilities.
The applicant has agreed to cure this restriction prior to the Special Appearance and has issued the
City of Miami payment in the amount of $5,000.00 pursuant to invoice number 193065 and reference
number 2022012001-72 paid on 01/12/2022 at 9.53 am.
Staff Analysis Report No. PZ-21-10748_SA 3622 SW 22 Street — Page 6
3/21/2021
NOTICE
This submittal neetls b be sch.&W d br a public hearing
In accortlana whh tlmelln1 set forth in the City M
Miami Cotle. The appli®Lie decision-rnahing bWywill
reWewthe Inlormatlon at the pubk hearing to n:ntler e
rec.—,datlon or a final tleclWon.
PZ-21-10748
�Av 03/22/22
Figure-3: South Elevation (BD14005815001 B001)
Staff Analysis Report No. PZ-21-10748_SA 3622 SW 22 Street — Page 7
3/21/2021
Figure-4: Elevation (BD14005815001B001)
NOTICE
This submittal neetls b be sch.&W d br a public hearing
In accortlana whh tlmelln1 set forth in the City M
Miami Cotle. The appli®Lie decision-rnahing bWywill
reWewthe Inlormatlon at the pubk hearing to n:ntler e
rec.—,datlon or a final tleclWon.
PZ-21-10748
�Av 03/22/22
i
Staff Analysis Report No. PZ-21-10748_SA 3622 SW 22 Street — Page 8
3/21/2021
NOTICE
This submittals d,b be sch.&W d br a public hearing
In accortlana whh tlmelln1 set forth in the City M
Miami Cotle. The appli®Lie decision-rnahing bWywill
reWewthe Inlormatlon at the pabk hearing t. n:ntler e
rec.—,da ., or a final tleclWon.
PZ-21-10748
�Av 03/22/22
Figure-5: Ground Level Floor Plan (BD14005815001B001)
>x
-
x M
------------
I.
- ;
n
I
F
ram.
Graf.
.r
-I
3
o
A r
O
eI I - ----`----
L,
IV i
41
�VV
,
I
i
❑ { u o p -
r
n, I.
P
N
Staff Analysis Report No. PZ-21-10748_SA 3622 SW 22 Street — Page 9
3/21/2021
Figure-6: Landscape Plan (BD14005815001B001)
S.W. 22nd STREET (CORAL WAY)
EX. TREE TO REMAIN
(TYp.)
311MBb BELOW SB' HT,
VISIEMITY
—THEE GRATE
S.W. 22nd TERRACE
NOTICE
This submittal neetls b be sch.&W d br a pubk hearing
In accortlana wkh tlmelln1 set forth in the City M
Miami Cotle. The appli®Lie decision -making bWy Wil
reWewiheInlormatlon at the pubkc hearing to n do ,e
reco ,datlon ora final decidon.
PZ-21-10748
�Av 03/22/22
Staff Analysis Report No. PZ-21-10748_SA 3622 SW 22 Street — Page 10
3/21/2021
NOTICE
rn1. submittal—d,m—Ih.&e d mr a p�bk heare,g
In accortlanre wkh tlmallnm set forth in the City M
M., CWe. The appk.de beds- making bWY will
reWewthe information at the pubc hearing t. render e
recomme dtl ., or .final dedmr,.
PZ-21-10748
�Av 03/22/22
F. CONCLUSION
The Planning Department recommends Approval of a full release of the Declaration of Restrictive
Covenants as the Local Park Contribution of $5,000.00, as recorded in "Restriction D" has been
satisfied, and the covenant restrictions have been replaced through the approval of the MUSP.
Ellis, Digitally signed
by Ellis,
9a� Jac ueline Ellie,Chief e I i n Jacqueline
Date:2022.03.21
Land Development
e 13:45:37-04'00'
Attachments:
Attachment 1: Declaration of Restrictive Covenants (May 14, 1987) Book 13280 Page 447.
Attachment 2: MUSP resolution MUSP-R-06-0131
NOTICE
The Final Decision may be appealed by any aggrieved party within fifteen (15) days of the date
of the posting of the decision on the City's website. The filing of an appeal, and payment of
appropriate fee, may be submitted online at https://www.miamigov.com/Services/Solve-a-
Problem/Appeal-a-Warrant-or-a-Waiver.
Staff Analysis Report No. PZ-21-10748_SA 3622 SW 22 Street — Page 11
3/21/2021
ITINEtY 1t, PM, 4=22 P,7R 1 8 5 2 8 k +
-
R� 13280 P'f 447
E
:„,
DECLARATION OF RESTRICTIVE COVENANTS
NOTICE
This declaration of Restrictive Covenants by Antoni Th„.em"at
..tl=mom,=tletltl�raP tl= e..�9
in a�nra any wnnnmeun�set mrtn in. chmr
Zamora, Trustee ( "Owner" ) in favor of the City of Miami, F"eme�eTheaP°t®aede,o=-ma�i9b�,.11
a municipality of the State of Florida. m"e"°e
"man°atte°°°°ar°91°m°tler°
recommentlati on or a fina t tlecia on.
PZ-21-10748
WITNESSETH:
03/22/22
•
WHEREAS, the Owner holds Fee -simple title to certain property in
the City of Miami, Florida ("the City") consisting of Lots 28, 29
& 30 Black 6, AMENDED P[,AT OF MIAMI SUBUR13AN ACRES, as per the
plat thereof as recorded in Plat Book 4, Page 73 in the Public
Records of Dade County, Florida (the "Property"); and
WHEREAS, the Owner is presently an applicant before the City of
Miami City Commission for a change of Zoning Classification in
the official Zoning Atlas of the City of Miami, from RG-1/3
(General Residential) to CR-3/7 (Commercial Residential) excluding
the south one foot of the Property which shall remain RG 1/3;
("The Zoning Change") and
WHEREAS, the Owner is desirous of making a binding commitment to
assure that the Property shall be developed in accordance with the
provisions of this Declaration;
NOW THEREFORE, the Owner voluntarily covenants and agrees that the
Property shall be subject to the following restrictions that are
intended and shall be deemed to be covenants running with the land
binding upon the Owner of the Property, and his successsors and
assigns as follows:
A. Building height Limitation. The height of buildings
located within fifty (50) feet of the south property line of the
Property along S.W. 22nd Terrace shall not exceed two (2)
stories or thirty-five (35) feet.
B. Landscape Plan and Buffer_ Prior to the issuance of a
building permit on the Property, Owner shall obtain approval of a
landscape plan from the City of Miami Planning Department which
plan shall reflect a landscape buffer with a width of twenty (20)
feet along the entire south property line of the Property along
S.W. 22nd Avenue which buffer will contain heavy, visually
impenetrable landscaping so as to obscure the view of the Property
by adjacent property owners to the extent reasonably possible. The
landscaping of the Property shall be installed in conformity with
said landscape plan; and the owner shall also be responsible for
the maintenance of the landscaping on the Property in perpetuity.
C. Vehicular Access Limitation. No vehicular access for
ingress or egress shall be permitted across the south property line
of the Property along S.W. 22nd Terrace.
D_ Local Park Contribution. A contribution in the amount
of $5,000.00 shall be paid to the City of Miami prior to issuance
of any building permit for the Property which contribution shall
be applied by the City for Parks Improvements Trust Funds for
Child Care Facilities.
E. Effective Date. If the City Commission of the City
approves the Owners" pending application for The Zoning Change
and after said approval of The Zoning Change has become final and
non -appealable, this instrument shall constitute a covenant
\?9
{Te-
'ntl 13 280Q� 448
R C (1'na—,,d—.Mbr,e1n—Mf.rth
NOTICE
running with the title to the Property and shall be binding�'"°hb°c�'the Owners, their successors and assigns. rhese restrlc inmaen at me pueocnznngto r" ashall be for the benefit of and a limitation upon all prand future owners of the Property and for the public welfare.PZ-21-10748
03/22/22
F. Amendment and Modification. This instrument may be \
modified, amended or released as to any portion of the Property
by a written instrument executed by the then owner of the
fee -simple title to the land to be affected by such modification,
amendment or release providing that same has loon approved by the
City of Miami Couw%ission after a pul-)lic hearing. Should this in-
strument be so modified amended or re1«ased, the nir,-,ctor of the
Planning Department or his succeosor, shall execute a writt"n
instrument in recordable form effectuating and acknowledging such
modification, amendment or release.
G. `Perm of Covenant. This voluntary covenant on the
part of the Owners shall remain in full force and effect and
shall be binding upon the owner, his successors and assigns for an
initial period of thirty (30) years from the date this instrument
is recorded in the public records and shall t-m-- automatically
extended for successive periods of ten (10) years thereafter
unless modified, amended or released prior to the expiration
thereo€.
11. Inspection and Enforcement. It is understood and agreed
that any official inspector of the City of Miami may have the
privilege at any time during the normal working hours to determine
whether or not the requirements of the Building and :.oning
Department and the conditions of this Declaration are beiny
complied with. An enforcement action brought by the City shall be
by action at law or in equity against any forty or person
violating or attempting to violate any covenants, either to
restrain violations or to recover damages. This enforcement
provision shall be in addition to any other remedies available
under the law.
I. Severability. Invalidation of any of these covenants
by judgment of Court shall not affect any of the other provisions
of this Declaration, which shall remain in full force and effect.
J. Recording. This declaration shall be filed of record
among the Public Records of Dade County, Florida, at the cost of
the Owners.
a� 1 3280 FC 4.49
IN WITH WHEREOF, ,the undersigned has set their hands and seals I
this day of p- , ` t `t. �t 1987,
Witnesses:
/17
r Antonio R. ..ar;io a, rustee
va do N. Soto _
Gy'P+a£ap
NOTICE
ml5 submmal ne , 1g be echeORletl fir i Ph, C nearing
rreman�wimnn,eii d.W , inure otym
Miami Code. The apRllcaHe decision-mabing body sail
reWewihe Inform�on at the pubic hearing to rentlera
r�ommendation or a final decivon.
PZ-21-10748
03/22/22
SPATE OF FIAOR I DA )
1 SS
COU"rY OF' DADE )
The for g instrument .;as ackp°wL daed ,befo e she this "I op
day of 196 - DY
tWP?N It7 R . ZANGRA, TRUSTEE.
,�K3 TARY PUBLIC
State of Florida at Large
My Commission Expires:
r N: t sry A 4. ft--tr rf Roride
My Corrm-s• •ir i s e,_s Ian. 7, 1982
APPROV ASITO FORM AND CORRECTNESS:
LIGHERTY
l City Attorney
C y Y
y1 sl..ji1�
..•r r,t
Y°p' City of Miami
w
F ..
Legislation
Resolution: R-06-0131
File Number: 05-00769a
Final Action
NOTICE
ihlssubmidal needs to be scheduled Wr a pubuc hearing
ordnce with timelines set forth in the City of
Miami Ccde. The applieade d--n--hng bodywill
re>7ewN infann— al the pubk hearingto renders
mendadon or a final d--n.
PZ-21-10748
7\\ 03/22/22
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 9,13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED,
FOR THE MILE PROJECT, TO BE LOCATED AT APPROXIMATELY 3622
SOUTHWEST 22ND STREET; 3605, 3615 AND 3625 SOUTHWEST 22ND
TERRACE, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 164-FOOT,
14-STORY HIGH MIXED USE STRUCTURE TO BE COMPRISED OF
APPROXIMATELY 119 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH
RECREATIONAL AMENITIES; APPROXIMATELY 3,079 SQUARE FEET OF RETAIL
SPACE; AND APPROXIMATELY 166 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 June 7, 2005, Lucia A. Dougherty, on behalf of Key Real Estate Development
Corp., contract purchaser, and M Three Corp., owner (referred to as "APPLICANT"), submitted a
complete Application for Major Use Special Permit for The Mile (referred to as "PROJECT") pursuant
to Articles 9, 13 and 17 of Zoning Ordinance No. 11000, for the property located at approximately
3622 SW 22nd Street; 3605, 3615 and 3625 SW 22nd Terrace, 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, a development bonus to permit 24,750 square feet of floor area shall be paid to the
Affordable Housing Trust Fund at the amount of $12.40 per square foot = $306,900.00 has been
requested; and
WHEREAS, the Large Scale Development Committee met on April 5, 2005 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on April 20, 2005, to consider the
proposed project and recommended APPROVAL; and
WHEREAS, the Miami Zoning Board at its meeting of July 25, 2005, Item No. 3, adopted a
Resolution by a vote of six to one (6-1), RECOMMENDING APPROVAL of a Change of Zoning
requiring City Commission approval as hereinafter set forth; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 7, 2005 Item
No. 2, following an advertised public hearing, adopted Resolution No. PAB 90-05 by a vote of seven
City of Miami Page 1 of 11 File Id. 05-00769a (Version: 1) Printed On: 1/1712017
File Number: 05-00769a
to zero (7-0), recommending APPROVAL with conditions of the Major Use Special
Development Order as hereinafter set forth; and
WHEREAS, the City Commission deems it advisable and in the best interest of tmq
welfare of the City of Miami to issue a Major Use Special Permit Development Order a
set forth;
NOTICE
This subminal needs to be scheduled Wr a pubLc hearing
zordan,e wren umenne; set torah m me city of
Miami Ccde. The applies de dxision--ha g body will
resewN infann— al the public hearing to renders
reco —dadonorafinaldeci—
PZ-21-10748
it\ 03/22/22
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 3622 SW 22nd
Street; 3605, 3615 and 3625 SW 22nd Terrace, Miami, Florida, more particularly described on
"Exhibit A", attached and incorporated.
Section 3. The PROJECT is approved for the construction of an approximate 164-foot, 14-story
high mixed use structure to be comprised of approximately 119 total multifamily residential units with
recreational amenities; approximately 3,079 square feet of retail space; and approximately 166 total
parking spaces; providing for certain floor area ratio ("FAR") bonuses.
Section 4. The Major Use Special Permit Application for the Project also encompasses the lower
ranking Special Permits as set forth in the Development Order.
Section 5. The findings of fact set forth below are made with respect to the subject PROJECT:
a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan,
as amended.
b. The PROJECT is in accord with the proposed C-1 (Restricted Commercial) with SD-23 (Coral
Way Special Overlay) and SD-19 (2.0 F.A.R.) zoning classifications of Zoning Ordinance No. 11000,
the Zoning Ordinance of the City of Miami, Florida, as amended.
c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT that have been found by the City Commission (based upon facts and reports prepared or
submitted by staff or others) to adhere to the following Design Review Criteria (as appropriate to the
nature of the special permit involved in the Project and the particular circumstances of the case)
subject to the applicable conditions in the Development Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
Il Site and Urban Plannina:
(1) Respond to the physical Yes. *Yes.
contextual environment taking
into consideration urban form
and natural features;
City of Miami Page 2 of 11 File Id. 05-00769a (Version: 1) Printed On: 1/1712017
File Number: 05-00769a
Enactor
(2) Siting should minimize the Yes. *Yes.
NOTICE
impact of automobile parking
°°m `—e ..`� h" °°�°tn"°°bfi Tyh 'ng
ccond—n wAh hmel'--forth In the Ci
and driveways on the pedestrian
Miami CWe. The appk.c tleci-n-making bWywill
ew e.—ndat,—fl�Md—i9t°�°°era
n commentla5tt orafinal De ng1
environment and adjacent
PZ-21-10748
properties;
03/22/22
(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.
(1) Promote pedestrian
interaction;
(2) Design facades that
respond primarily to the
human scale;
(3) Provide active, not blank
facades. Where blank walls
are unavoidable, they should
receive design treatment.
(1) Provide usable open space
that allows for convenient and
visible pedestrian access from
the public sidewalk;
III) Pedestrian Oriented Development:
Yes. *Yes.
Yes. *Yes.
Yes. *Yes.
IV) Streetscape and Open Space:
Yes. *Yes.
City of Miami Page 3 of 11 File Id. 05-00769a (Version: 1) Printed On: 1/1712017
File Number: 05-00769a
(2) Landscaping, including plant Yes.
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
(1) Design for pedestrian and
vehicular safety to minimize
conflict points;
(2) Minimize the number and
width of driveways and curb
cuts;
(3) Parking adjacent to a street
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas
as district buffer.
(1) Provide landscaping that
screen undesirable elements,
such as surface parking lots,
and that enhances space and
architecture;
(2) Building sites should locate
service elements like trash
dumpster, loading docks, and
mechanical equipment away
from street front where possible.
When elements such as
dumpsters, utility meters,
mechanical units and service
areas cannot be located away
from the street front they should
be situated and screened from
view to street and adjacent
properties;
(3) Screen parking garage
structures with program uses.
Where program uses are not
feasible soften the garage
*Yes. NOTICE
Thls subminal needs to be scheduled Wr a pubLc nearing
zorean�e wren umenne; set f-h m me city of
Miami Cede. The applieade tlxision-making body will
resewN infann— at the public hearing to renders
mentlatlon or a final dedh-.
PZ-21-10748
\ 03/22/22
i Vehicular Access and Parkin
Yes. *Yes.
Yes. *Yes.
Yes. *Yes.
Yes. *Yes.
VI) Screening:
Yes. *Yes.
Yes.
Yes.
*Yes.
*Yes.
City of Miand Page 4 of 11 File Id. 05-00769a (Version: 1) Printed On: 1/1712017
File Number: 05-00769a
structure with trellises,
landscaping, and/or other
suitable design element.
(1) Design signage appropriate
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design
feature to the building facade,
on and around landscape
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.
(1) Preserve existing vegetation
and/or geological features
whenever possible.
VII) Siqnage and Lightinq:
Yes. *Yes.
Yes. *Yes.
Yes. *Yes.
Yes. *Yes.
VIII) Preservation of Natural Features:
Yes. *Yes.
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.
>. ouiaf
NOTICE
i , eubmitlalneeds to be er_hedumd for a pobfc hearing
ccord,nce wAh timelines -forth in the City of
Miami CWe. The appU,.a ,decision-rnaking bWywill
renew the information at the public hearing to render a
—.—ndatlon or a final decison.
PZ-21-10748 /
03/22/22
City of Miami Page 5 of 11 File Id. 05-00769a (Version: 1) Printed On: 1/1712017
1lY�,L
File Number: 05-00769a
These findings have been made by the City Commission to approve this project wit NOTICE
This subminal needs to be schetlulee Wr a Public hearing
zorean,e wren umenne;s�ronh m me Cis nr
Miami Ccde. The applicade dxisi°n--ha g bodywill
d. The PROJECT is expected to cost approximately $88,026,661, and to empl ewNe�o -e dl, r °h°ar'°9t°�°°era
t ntlaA th, p,bna leecisl
198 workers during construction (FTE-Full Time Employees); the PROJECT will also PZ-21-10748 /
creation of approximately 10 permanent new jobs (FTE). The PROJECT will generate 03/22/22
$449, 411 annually in tax revenues to the City (2005 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 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 June 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. 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.
City of Miami Page 6 of 11 File Id. 05-00769a (Version: 1) Printed On: 1/1712017
File Number: 05-00769a
Section 13. This Major Use Special Permit, as approved, shall expire two (2)
commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its ado
of the Mayor. {1 }
DEVELOPMENT ORDER
NOTICE
Thls subminal needs to be scheduled Wr a pubLc nearing
zordanre wren umenne; set f-h m me city of
Miami Ccde. The applica de dxision--ha g body will
resewN infann— al the public hearing to renders
recommendadon or a final deci—
PZ-21-10748
it\ 03/22/22
Let it be known that pursuant to Articles 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 The Mile (MU-2005-024), (hereinafter referred to as the "PROJECT") to be located at
approximately 3622 SW 22nd Street; 3605, 3615 and 3625 SW 22nd Terrace, 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 3622 SW
22nd Street; 3605, 3615 and 3625 SW 22nd Terrace, Miami, Florida. The PROJECT is located on a
gross lot area of approximately 1.14± acres and a net lot area of approximately 0.88± 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 164-foot, 14-story high mixed use structure to
be comprised of approximately 119 total multifamily residential units with recreational amenities;
approximately 3,079 square feet of retail space; and approximately 166 total parking spaces; providinc
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 119 residential units;
MUSP, as per Article 9, Section 914, a development bonus of 24,750 square feet of additional
floor area, and to pay into the Affordable Housing Trust Fund an amount of $12.40 per square
foot = $306,900.00;
Pending SD-19 (2.0 F.A.R.) overlay approval.
City of Miami Page 7 of 11 File Id. 05-00769a (Version: 1) Printed On: 1/1712017
File Number: 05-00769a
1lY�,L
NOTICE
CLASS II SPECIAL PERMITS ° .d'Ineed ,,,f nhi
coraance with umellnes set forth in the City "f
Miami Ccde. The applicade dxisi°n-rna king body will
CLASS II SPECIAL PERMIT, as per Article 6, Section 623.3.1, for constructi --dad dati .,P 1fi aId�,so°re°
the SD-23 overlay district; PZ-21-10748 /
CLASS II SPECIAL PERMIT, as per Article 6, Section 623.3.1, for developmen 03/22/22
construction within the SD-23 overlay district;
CLASS II SPECIAL PERMIT, as per Article 6, Section 623.8, for signage approval;
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 15, Section 1512, waiver of Guides and Standards
and Guidelines to reduce the backup behind the parking spaces;
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per Article 9,
namely a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per Article 9,
construction during construction;
CLASS I SPECIAL PERMIT, as per Article 9,
development/construction/rental signage;
CLASS I SPECIAL PERMIT, as per Article 9,
Section 906.9, to allow for a special event
Section 918.2, for parking and staging of
Section 925.3.8, to allow
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 construction trailer and
watchman's quarters and other temporary offices such as leasing and sales;
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 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 Dorsky Hodgson & Partners, dated May 31, 2005; the landscape plan shall be
implemented substantially in accordance with plans and design schematics on file prepared by Urban
Resource Group, dated May 20, 2005; 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 proposed C-1 (Restricted Commercial)
City of Miami Page 8 of 11 File Id. 05-00769a (Version: 1) Printed On: 1/1712017
File Number: 05-00769a
with SD-23 (Coral Way Special Overlay) and SD-19 (2.0 F.A.R.) zoning classificatio
in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as am(
existing comprehensive plan future land use designation on the subject property alli
uses.
CONDITIONS
NOTICE
This subminal needs to be scheduled Wr a pubLc hearing
zordan,e wren umenne; set fonh m me city of
Miami Ccde. The applies de dxision--ha g body will
resewN infanna al the public hearing to renders
recom dadon or a final deci9
PZ-21-10748
it\ 03/22/22
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.
City of Miami Page 9 of 11 File Id. 05-00769a (Version: 1) Printed On: 1/1712017
File Number: 05-00769a
8) Provide the Planning Department with a temporary construction plan that
following: a temporary construction parking plan, with an enforcement policy; a con
management plan with an enforcement policy; and a maintenance plan for the temp
site; said plan shall be subject to the review and approval by the Planning Departme
issuance of any building permits and shall be enforced during construction activity. All
activity shall remain in full compliance with the provisions of the submitted construction
comply may lead to a suspension or revocation of this Major Use Special Permit.
NOTICE
This subminal needs to be scheduled Wr a pubLc hearing
zordan,e wren umenne; set torah m me city of
Miami Ccde. The applica de dxision--ha g body will
resewN infann— al the public hearing to renders
reco —dadon or a final decihon.
PZ-21-10748
it\ 03/22/22
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 condition: A final landscape plan shall be submitted for review and approval of the
Planning Director prior to the issuance of a building permit.
12) That the requested application for the Change of Zoning be approved by the City
Commission or if the application is denied, that the proposed project be reduced in F.A.R. to a level
that which will be permitted without the Change of Zoning.
13) A development bonus to permit a mixed use of 24,750 square feet of floor area shall
require payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot =
$306,900.00.
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
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:
City of Miami Page 10 of 11 File Id. 05-00769a (Version: 1) Printed On: 1/1712017
File Number: 05-00769a
1lY�,L
NOTICE
(1) the PROJECT will have a favorable impact on the economy of the CM h o; eew °��e1if�"�°°°o�h °h,Ci� f
Miami Cede. The appk.c , dxis- making body will
(2) the PROJECT will efficiently use public transportation facilities; and ewNe�o -e dl, puIGMdarih-
t ntlatl th, p,bk lee-gt
(3) the PROJECT will favorably affect the need for people to find adequat PZ-21-10748 /
reasonably accessible to their places of employment; and 03/22/22
(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural resource
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.
Footnotes:
{1I 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 11 of 11 File Id. 05-00769a (Version: 1) Printed On: 1/1712017
AERIAL
EPLAN ID: PZ-21-10748
SPECIAL APPEARANCE
ADDRESSES: 3622 SW 22 ST
s� M11s
NOTICE
This sobmktrt needs to be scheduled fora public hearing
in ¢ordance wig, timelines ad forth in the City of
Miami Cole. The applicable declsion-making body YAll
ratl_the information at the public hearing to tender a
re mmendati on or a final d-id on.
PZ-21-10748
03/22/22
0 125 250 500 Feet I "
MIAMI 21 (EXISTING) : a
EPLAN ID: PZ-21-10748 NOTICE
((.1aml
needs to be scheduled far a public hearing
SPECIAL APPEARANCE Theaptimetinee ad .I,I.n m l king City o
The applira He tlxlslon-making batly will
fonnadon at the pu bechearingo renderommendedon ore final dad,on.
ADDRESSES: 3622 SW 22 ST PZ-21-10748
03/22/22
0 125 250 500 Feet
_
co T6-8-O
U)
SW ')";�
N -� IT3-R
Q
T5-O
CU -
• a a SW�22ND!ST
IMF
SW-22ND=TER T4-R
SW-23RD ST
T3
w
Q
i��
PLANNING DEPARTMENT
Project Fact Sheet
This document is used to provide a summary for
Planning Department related projects.
Project Name: PZ-21-10748
Project Address: 3622 SW 22 ST
Miami, FL 33145
APPLICANT 1•
IE
ompany Name: Bilzin Sumberg
imary Contact: Javier Avinio
mail: javinio@bilzin.com
condary Contact: Jennifer Fine
m ail:: jfine@bilzin.com
The Planning Department recommends Approval
and full release of the Declaration of Restrictive
Covenants as presented by the Applicant, based
upon the facts and findings in this staff report.
AERIAL
EPI AN ID: PZ-21-10M
SPECIALAP_E NCI
Lead Staff: Paula De Carolis
NOTICE
This submittal needs b be scheduled br a public hearing
in cordance wldi tlmelln, set forth in the City of
M., CW, The appk.d, decon-making bWywill
renew the inform—, at the pubdc hearing to render a
n-som dado ora final decienn.
PZ-21-10748
03/22/22
Principal Division: Land Development
Email: mpdcarolis@miamigov.com
REQUEST
The Mile Apartments LLC c/o W Multifamily Fund 1 LLC,
(the "Applicant"), owner of the development located at
3622 SW 22 St., Miami, Florida (the "Property"),
requests a Special Appearance for a release of a
Declaration of Restrictive Covenants (the "Covenant")
voluntarily proffered and recorded on May 14, 1987 in
the Official Records Book 13280, Page 447, of the
Public Records of Miami -Dade County, Florida.
PROPERTY INFORMATION:
The Property is legally described as Lots 3, 4 and 5, less
the north 35 feet and Lots 28, 29 and 30, less the south
10 feet, in Block 6 of Amended Plat Miami Suburban
Webs Link(s):
0 HEPB 0 UDRB 0 City Commission
0 PZAB 0 WDRC 0 AIPP
Existing Transect Zone(s): T5-0 and T4-0
Existing FLUM(s): Restricted Commercial
Commissioner District(s): D4- Commissioner Reyes
Department of Human Service Neighborhood Service
Center(s): Coral Way
Revision Date: 06/15/2021 Department Director: Cesar M. Garcia -Pons, AICP, LEEP AP