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HomeMy WebLinkAboutItem #6- La Quinta- PAB_07.16.08PLANNING FACT SHEET LEGISTAR FILE ID: 07-00797mu April 16, 2008 Item # P.6 APPLICANT Ben Fernandez, Esq. on behalf of Brickell Square, LLC REQUEST/LOCATION Consideration of a Major Use Special Permit for La Quinta y La Ocho project, to be located at approximately 826, 832, 844 SW 5T" Avenue 515, 517, 519, 521, 531, 541, 551, 561, 571 SW 9T" Street COMMISSION DISTRICT ZONING DISTRICT SITE AREA LEGAL DESCRIPTION 3 C-1 (Restrictive Commercial District) with SD -25 Special Overlay District, and R-3 Multifamily Medium Density Residential with SD -12 Buffer Overlay District 3.01± (Gross) and 2.34± (Net) See supporting documentation PETITION A resolution of the Miami Commission, with attachments, approving with conditions. A Major Use Special Permit for the La Quinta y La Ocho project pursuant to Articles 5, 9, 13, and 17 of Zoning Ordinance No. 11000, as amended, for the La Quinta y La Ocho project, to be located at approximately 504 SW Stn Street, 826, 832, and 844 SW 51h Avenue, 513, 515, 517, 521, 531, 541, 551, 561, and 571 SW 91h Street, Miami. Florida; the proposed Major Use Special Permit for La Quinta y La Ocho will be comprised of a Mixed Use Multifamily Residential Building with approximately 232 residential units, approximately 262,340 square feet of residential floor area, approximately 20,946 square feet of retail floor area and approximately 20,173 of office floor area. The project will provide a total of 489 off-street parking spaces. The Structure will have a maximum height of 142 feet 6 inches NGVD. PLANNING Approval with conditions RECOMMENDATION BACKGROUND AND See supporting documentation ANALYSIS PLANNING ADVISORY VOTE: BOARD CITY COMMISSION CITY OF MIAMI - PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 ANALYSIS MAJOR USE SPECIAL PERMIT for LA QUINTA Y LA OCHO located at approximately 504 SW 8t" Street; 826, 832, 844 SW 5T" Avenue 515, 517, 519, 521, 531, 541, 551, 561, 571 SW 9T" Street LEGISTAR FILE ID: 07-00797mu Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the La Quinta y La Ocho project, located at approximately 504 SW 8t" Street; 826, 832, 844 SW 5T" Avenue 515, 517, 519, 521, 531, 541, 551, 561, 571 SW 9T" Street, Miami, Florida, has been reviewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, to construct an approximate 142 feet 6 inches high mixed use multifamily residential structure to be comprised of approximately 232 residential units, approximately 262,340 square feet of residential floor area, approximately 20,946 square feet of retail floor area and approximately 20,173 of office floor area; providing for certain floor area ratio ("FAR") bonuses. The project will provide a total of 489 off-street parking spaces. This Permit also includes the following requests: MAJOR USE SPECIAL PERMITS MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for residential development involving in excess of two hundred (200) units; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (8) and ARTICLE 9, Section 914, Sub -Section 914.1 Dwelling unit, square footage, and off- street parking bonuses for contribution to Affordable Housing Trust Fund; exceptions, to allow an increase up to twenty (25) percent of additional floor area as a development bonus of approximately 32,559 square feet, the user shall make a non-refundable bonus developer contribution of an amount of $403,731.60 to the Affordable Housing Trust Fund administered by the City of Miami; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (9) and ARTICLE 5, Sect. 502. PUD districts; minimum area, maximum densities and maximum floor area ratios permitted (a)(c), to allow up to 20 % increase of floor area ratio, for an increase of approximately 45,150 square feet of floor area; This MAJOR USE SPECIAL PERMIT encompasses the following Special Per- mits and Requests: CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 625.3, to allow the construc- tion of a new development in SD -25 districts; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, C-1 Restricted Commercial, Class II Special Permits required, to allow an increase of the maximum allowed footprint of 40 % the Gross Lot Area to 60% GLA; 07-00797mu Pagel of 7 CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917.7.1, Reduction in parking requirements for combinations of commercial and office uses on the same premises, To allow reduction up to ten (10) percent of the total required parking spaces for combina- tion of commercial and office uses; CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 625.9, Parking, reduction in overall non-residential parking of up to ten (10) -percent may be granted pursuant to a Class II Special Permit if metered parking is located along any street frontage adjacent to the proposed establishment, to allow up to ten (10) percent reduction in parking re- quirement of non-residential parking; 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 21 feet; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary structures, oc- cupancies, and uses during construction, criteria for special permits, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as con- struction fence, covered walkway and if encroaching public property must be approved by other city departments; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub -Section 906.9. Tem- porary special events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremony; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub -Section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as ground breaking ceremonies; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2. Tem- porary off-street offsite parking for construction crews, criteria, to allow temporary off- street offsite parking, for construction crews working on a residential project under con- struction, within C-1 or more permissive zoning district; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub -Section 920.1.2. Limi- tations 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 of- fices such as watchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT, as per, ARTICLE 10, Section 10.5, Sub -Section 10.5.4.3, C-1 Restricted Commercial, Temporary Signs (3), to allow temporary development signs; REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a read- ing 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; 07-00797mu Page 2 of 7 REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required at the time of issuance of Shell Permit instead of at issuance of Foundation Permit: The requirement to record in the Public Records a Declaration of Covenants and/or Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner and/or a mandatory property owner association; And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title. Pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. In determining the appropriateness of the proposed project, the Planning Department has referred this project to the Large Scale Development Committee (LSDC) and the Planning Internal Design Review Committee for additional input and recommendations; the following findings have been made: • It is found that as companion items to this Major Use Special Permit, applications for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation and a change to the Zoning Atlas of Ordinance 11000 designation for the southern portion of the properties along SW 91" street were presented. It is also found that all calculations and analysis for the project are contingent to the granting of those changes. • It is found that the proposed development project will benefit the area by creating additional commercial and residential opportunities in the Little Havana NET District, District, bounded by SW 8th Street to the North; SW 9th Street to the South; SW 5th Avenue to the East and SW 6th Avenue to the West. • It is found that the subject property is located in the "City of Miami" plats within the City. • It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the existing zoning designation for the subject property is C-1 "Restricted Commercial" with SD -25 Special Overlay district. • It is found that pursuant to the Comprehensive Neighborhood Plan of the City of Miami, Florida, the existing Future Land Use category for the subject property is "Restricted Commercial". • It is found that the proposed project is not located along a Primary Pedestrian Pathway. • It is found that the proposed project is not located within an Archeological Conservation area. • It is found that the proposed project is located in FEMA Flood Zone "X". 07-00797mu Page 3 of 7 • It is found that the proposed residential density of the project (232 units at 99 units per net acre) is below the maximum 351 units (150 units per net acre) on the 2.34± net acre site. • It is found that the total allowed combined floor area with bonuses for the 3.01± gross acre site is 327,337.50 square feet composed of: 225,750 square feet at a Floor Area Ratio (FAR) of 1.72, 45,150 square feet allowed for 20% of FAR by PUD, and 56,437 square feet for 25% of FAR by Affordable Housing. • It is found that the total proposed combined floor area without bonuses for the 3.01± gross acre site at a Floor Area Ratio (FAR) of 1.72 is 225,750 square feet. The project as proposed is requesting bonuses of 20% PUD (45,150 square feet) and approximately 14% requested of Affordable Housing (32,559 square feet) for a total proposed floor area of 303,459 square feet which is below the 327,377.50 square feet allowed as combined floor area with bonuses. • It is found that the maximum height of the proposed structure is approximately 142 feet and 6 inches feet N.G.V.D. Pursuant to Article 4, Section 401, there are no height limits in the existing C-1 zoning district. • It is found that the proposed open space for the project (13,676 square feet) is above the minimum required open space (13,125 square feet at 10% GLA) for this project. • It is found that the proposed total number of parking spaces (approximately 489) for the project is above the required minimum number of 483 parking spaces. • It is found that the project is expected to cost approximately $80,100,000, and to employ approximately 588 workers during construction (FTE -Full Time Employees); The project will also result in the creation of approximately 17 permanent new jobs (FTE) for building operations and will generate approximately $ 677,465 annually in tax revenues to the City (2009 dollars). • It is found that the proposed project was reviewed by the Internal Design Review Committee on September 19, 2006, and the following comments were made: (1) Verify the amount of encroachment allowed with the Zoning Department; (2) Articulate the west fagade, exploring ways to treat the blank walls along this fagade; and (3) Verify FEMA's finish floor requirements for the site and indicate how the design of the colonnade and sidewalk will address these requirements. • It is found that Miami -Dade Public Schools provided a preliminary review of the project on July 8, 2008. The student population generated by this development is estimated at 33 students. The schools serving this area of application is Frederick Douglas Elementary (16 students) —69% Florida Inventory School Houses (FISH) Capacity; Jose de Diego Middle (7 students) — 76% FISH; and Booker T. Washington Senior High (10 students) — 60% FISH. Pursuant to the applicable interlocal agreement, none of the schools meet review threshold of 115%. • It is found that the Environmental Impact Analysis Statement submitted with the project states that the "proposed development is appropriate and has favorable impact on economy, public services, environment and housing supply within the immediate neighborhood". 07-00797mu Page 4 of 7 It is found that on February 28, 2008, the City of Miami Public Works Department provided a review of the project and commented that the following street improvements shall be required: (1) S.W. 8th Street- Coordinate replacement of broken and damage concrete sidewalk, curb and gutter adjacent to the project site with Florida Department of Transportation; (2) S.W. 9th Street — Construct new sidewalk and curb and gutter following the twenty five (25) corner radius. Replace all damaged and broken sidewalk, curb and gutter and valley gutter on the north side of e street adjacent to the project site; (3) S.W. 5th Avenue — Construct new sidewalk and curb and gutter following the 25' corner radius at the intersection with S.W. 9th Street. Replace all damaged and broken sidewalk, curb and gutter and valley gutter on the west side of the street adjacent to the project site. It is found that on February 23, 2007, the Miami -Dade Aviation Department (MDAD) provided a Height Analysis review of the proposed project and found that the property is located outside of any land use restrictive zones as depicted in Zoning Ordinance for Miami International Airport (#04-203). The MDAD also stated that since the proposed project height is 185 feet AMSL (Above Mean Sea Level), it does not meet the Department review criteria for its location and will not require a Height Analysis or Letter of Determination for the Department. If in the future the project height is altered to meet or exceed an elevation 200' AMSL, the building will need to be resubmitted to the Department for re-evaluation. In addition, any construction cranes for this project exceeding 200 feet (AMSL) in height must be filed using the same form. • It is found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board on March 21, 2007, which recommended approval (UDRB Reso. 3-21-07-3). It is found that on June 5, 2007, the City's Traffic Consultant, URS Corp., provided a review (W.O. #177) of the Traffic Impact Analysis submitted by the applicant and has found the traffic analysis sufficient contingent upon the following Transportation Control Measures; (1) Provide work hours management programs for on-site employees, including flex time and compressed work weeks, (2) Encourage telecommuting programs, (3) Provide information regarding financial benefits offered by regional Transportation Authority to maximize transit readership, (4) Provide transit information within the site including route schedule and maps, and (5) Provide transit amenities and infrastructure adjacent to the project site to improve access to transit by project tenants and residents. It is found that with respect to all additional criteria as specified in Section 1305.2 of Zoning Ordinance 11000, the proposal has been found to adhere to the following Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and Open Space; (5) Vehicular Access and Parking; (6) Screening; (7) Signage and lighting; (8) Preservation of Natural Features; and (9) Modification of Nonconformities. Based on these findings, the Planning Department is recommending approval of the requested Development Project with the following conditions: 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. 07-00797mu Page 5 of 7 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. 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 Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate 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. 07-00797mu Page 6 of 7 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: (1) Verify the amount of encroachment allowed with the Zoning Department; (2) Articulate the west fagade, exploring ways to treat the blank walls along this fagade; and (3)Verify FEMA's finish floor requirements for the site and indicate how the design of the colonnade and sidewalk will address these requirements. 12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: (1) S.W. 8th Street- Coordinate replacement of broken and damage concrete sidewalk, curb and gutter adjacent to the project site with Florida Department of Transportation; (2) S.W. 9th Street — Construct new sidewalk and curb and gutter following the twenty five (25) corner radius. Replace all damaged and broken sidewalk, curb and gutter and valley gutter on the north side of e street adjacent to the project site; (3) S.W. 5th Avenue — Construct new sidewalk and curb and gutter following the 25' corner radius at the intersection with S.W. 9th Street. Replace all damaged and broken sidewalk, curb and gutter and valley gutter on the west side of the street adjacent to the project site 13) The applicant shall record a covenant, subject to review and approval by the city attorney, within sixty (60) days of the effective date of this resolution, which states that in the event that this Major Use Special Permit expires or is abandoned, any future development of the subject properties shall require design review and approval by the Planning Director, utilizing the same criteria as the original Major Use Special Permit. 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. 07-00797mu Page 7 of 7 FUTURE LAND USE MAP R S RI T D OM E CIAL 0 150 300 600 Feet ADDRESS: 504 SW 8 STREET SW 6TH ST W i 00 Q 2 H Ln SW 8 ST CA D G SW 9 ST I I SW 9TH ST DIUM DENSITY MUL IFI M LY RESIDENTIAL I --- i SW 10TH ST W i Q 2 H tD L' cc� SV�liTH_ST S �� S� tS�y RECREATION RESIDENTIAL R S RI T D OM E CIAL 0 150 300 600 Feet ADDRESS: 504 SW 8 STREET ZONING ATLAS MAP SW 6TH ST R-3 > 00 a Ln ,C -1l C-1 �\� \ \ .\ .\ R-3` r r� r SW 8. ST C/), S D-25 r < r r .r�r ` \\ \ G SW 9 ST SW 9TH ST R-3EE SW 10TH ST W i Q 2 H tD cc� L' SV,-&llTH_ST S S� 0 150 300 600 Feet ADDRESS: 504 SW 8 STREET 150 300 600 Feet ADDRESS: 504 SW 8 STREET Projects in the Vicinity La Quinta y La Ocho File ID #:07-00797mu No. Name Use Units Status 1 La Quinta y La Ocho Mix: (Res. -Com) 232 Application Note: There is no other project in the vicinity a' d 7TH ST , 13 ' _. SW Sill Si 0 SW gTli ST °ted No. Name Use Units Status 1 La Quinta y La Ocho Mix: (Res. -Com) 232 Application Note: There is no other project in the vicinity C I T X O F M I A M I P L A N N I N G DEPARTMENT PRE -APPLICATION DESIGN REVIEW COMMEN'T'S MAJOR U SE S PECIAL PERMIT CALLE OCHO 504 SW 8TH STREET 09-19-2006 City of Miami Vision Statement: `To Be an International City which Embodier Diversity, Economic Opportunity, Effective Customer Senuce and a Highly .Rated,Quabo of Life" COMMENTS: The following comments represent the unified vision of the Pre -Application Design Review Committee, which consists of all staff members in the Urban Design and Land Development Divisions. The City of Miami strives to achieve diverse, pedestrian -friendly neighborhoods, promote transit connections, and provide safe and comfortable buildings, streets, and parks that contribute to a prosperous city for all residents to enjoy. Zoning • As stated in our previous comments, provide a site line diagram indicating how this building complies with the C-1 requirement of a 45 degree setback angle after 120' of height. • The "eyebrow" feature along 81h Street appears to encroach too far into the setback. Please verify the amount of encroachment allowed with the Zoning Department. Architecture • The Design Review Committec encourages the applicant to further articulate the west facade, exploring ways to treat the blank walls along this facade. Pedestrian Realm • Verify FEMA's finish floor requirements for this site and indicate how the design of the colonnade and sidewalk will address these requirements. The Planning Department reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this additional information. *** Please note that the Planning Department reviews Special Permit proposals based on architectural design, site planning and urban design issues. The project still needs to be reviewed and comply with other department's requirements. It is our intention with these comments to aid in expediting Special Permit applications with your ] voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Committee or the Urban Development Review Board. URS June 5, 2007 Ms. I_ilia I. Medina, AICP 1' Assistant Transportation Coordinator City of Miami, Office of the City Manager/Transportation 444 SW 2nd Avenue (10'h Floor) Miami, Florida 33130 Re: La Quinta Y Ocho Sufficiency Letter — Review # 177 Dear Ms. Medina: Via Fax and US Mall Subsequent to our March 6, 2007 review comments for the subject project, we have received a response letter and a site plan with vehicle maneuverability details.. Photocopies of the response letter and the site plan are attached herewith. The traffic study had included an attachment (# 6) that identifies the Transportation Control Measures (TCM) to reduce the auto trips generated by this development. Although the TCM recognizes the availability of transit facilities near the project site, it recommends following strategies to reduce peak hour traffic: • Provide work hour management programs for on-site employees, including flex time and compressed work week. • Encourage telecommuting programs. • Provide information regarding financial benefits offered by the Regional Transportation Authority to maximize transit ridership. • Provide transit information within the site including route schedules and maps. • Provide transit amenities and infrastructure adjacent to the project site to improve access to transit by project tenants and residents. The development approval should be conditioned upon applicant fulfilling above commitments. At this time, we conclude that the traffic impact report along with the subsequent submittal meets all the traffic requirements and the study is found to be sufficient with the aforementioned conditions. This sufficiency letter is issued under the assumption that the project site will not include a restaurant. The traffic analysis should be revised if a restaurant is proposed to be included on this site. Should you have any questions, please call me at 954.739.1881. Sinc y, U Corp nern Raj S anmug m, P.E. Seniot Traffic URS Corporation Attachment Lakeshore Complex 5100 NW 33rd Avenue, suite 150 Cc: Mr. Antonio E. Perez, Planner It, City of Miami Planning (Fax - 305.4 i 6.1443) Fort Lauderdale, FL 33309-6375 Mr. Ban Fernandez, Bercow, Radell & Fernandez, PA (Fax - 305.377.6222) Tel: 954.739.1881 Ms. Cathy S. Sweetapple, AICP. (Fax - 954.649.8942) Fax: 954.739.1789 Mr. Anthony Garcia, P. E., Chael, Cooper Assoc., PA (Fax — 305.666.0360) PL A CITY OF MIAMI, FLORIDA 2001 MAR1 � INTER -OFFICE MEMORANDUM z PM 20 Ana Gelabert- Sanchez February 28, 2007 TO : Director DATE: FILE: Planning Department Large Scale Development Review - / SUBJECT: La Quinta y Ocho FROM: Stephanie N. Grindell, P.E. FVjgV�a ��,,���� 11�6Cisi3i �� REFERENCES Director sign"for Public Works Department fft�ft r?4.� P�*4 '*, "!r, ENCLOSURES: The Public Works Department has reviewed the Large Scale Development plans for the development entitled LA QUINTA Y OCHO located at 504 SW 8 Street and has the following comments. 1. The proposed building is not permitted to encroach into the required corner visibility triangle at the intersection of S.W. 9 Street and S.W. 5 Avenue (Zoning Ordinance Section 908.11). 2. Proposed trees are not permitted within street intersection and driveways visibility triangles. 3. The structural components of the proposed building (roof) is not permitted to encroach beyond the twenty five (25) foot radius at the intersection of S.W. 9 Street and S.W. 5 Avenue (City Code Section 54-186). 4. A 10' X 10' visibility triangle is required for the driveway exit on S.W. 5 Avenue (Zoning Ordinance Section 908.11). 5. Turning maneuvers for entering and exiting vehicles conflict at the tops and bottoms of the parking garage ramps and solid walls on both sides of the ramps create "blind" turns. Visibility triangles for the entering and exiting motorist must be provided at the tops and bottoms of the ramps (mirrors are not an acceptable traffic device) or more space must be provided in the aisles at the tops and bottoms of the ramps to avoid conflicting turning maneuvers. 6. A twenty five (25) foot corner radius dedication is required at the intersections of the base building lines at S.W. 8 Street and S.W. 5 Avenue and at S.W. 9 Street and S.W. 5 Avenue. 7. All transitions from the established street profile grade to the building floor elevation must be accomplished on private property. Stairs, ramps, retaining walls, etc. will not be permitted in the public right of way and the record profile street grade can not be changed to accommodate the proposed building ground floor elevation. 8. All stormwater must be retained on site including the driveways, interior courtyards and plazas on private property adjacent to the public streets. All common areas, plazas and driveways must be graded or trench drains provided to prevent "sheet flow" from entering the right of way. If deep drainage wells are selected for stormwater disposal, they must be located on-site in an open area to accommodate future maintenance access. Ana Gelabert-Sanchez Director Planning Department Page 2 February 28, 2007 9. An agreement between the City of Miami and the property owner is required for any landscaping and decorative sidewalk treatment located in the public right of way. Public Works approval and permit is required for any landscaping improvements in the right of way. An FDOT permit is required for all work in S.W. 8 Street right of way. 10. Continuous pedestrian sidewalk is required within the public right of way abutting the project site without requiring pedestrians to enter private property. The sidewalk width must maintain 5 feet in order to comply with A.D.A. clearance requirements. 11. All greenspace and landscaping required by the Zoning Ordinance must be accommodated on private property. Greenspace and landscaping within the public right of way cannot be included in the calculations for meeting greenspace zoning requirements. 12. Standard parking spaces are 8.5 feet wide and 18 feet long and require a 23 foot back-up distance. A Special Class II permit is required to reduce the back-up distance. 13. City of Miami driveway entrances, in compliance with A.D.A. standards, shall be required. Continuous sidewalk is required across driveway entrances. 14. Public Works policy requires that no closures of vehicular travel lanes will be permitted during the course of construction unless a temporary replacement lane, approved by the Public Works Department, is constructed and maintained by the Contractor throughout the duration of the lane closure. A maintenance of traffic plan is required for any temporary right of way closure request. 15. In order to mitigate traffic congestion and problems associated with unregulated parking throughout the neighborhood, the Contractor/Developer shall be required to provide approved, designated off-site parking for workers and a shuttle service to the work site. The parking/shuttle plan shall be coordinated with the local City of Miami NET Service Center. 16. Since this project is more than one acre in total construction area, the methods of construction must comply with the City of Miami Municipal Separate Storm Sewer Permit (MS4). This project will require a Florida Department of Environmental Protection (DEP) Stormwater, Erosion and Sediment permit. For information on a DEP permit application, please contact our department at (305) 416- 1200 or www_dep.state.fl.us/water/stonnwater/npdes. In addition to these comments, the Public Works Department will require the following street improvements: S.W. 8 Street: Coordinate replacement of broken and damaged concrete sidewalk, curb and gutter adjacent to the project site with the Florida Department of Transportation. S.W. 9 Street: Construct new sidewalk and curb and gutter following the twenty five (25) corner radius. Replace all damaged and broken sidewalk, curb and gutter and valley gutter on the north side of the street adjacent to the project site. Ana Gelabert-Sanchez Director Planning Department Page 3 February 28, 2007 S. W. 5 Avenue: Construct new sidewalk and curb and gutter following the 25' corner radius at the intersection with S.W. 9 Street. Replace all damaged and broken sidewalk, curb and gutter and valley gutter on the west side of the street adjacent to the project site. Existing stormwater drainage system: This neighborhood is served by an extensive stormwater drainage system consisting primarily of "covered ditches". The contractor shall comply with the City of Miami Public Works Bulletin No. 25 entitled, "Discharge of Excavation Waste Water, Erosion and Sediment Control for Construction Sites". De -watering shall not be permitted for construction of this project. In addition, pavement restoration for all water and sewer extensions, existing damaged pavement and pavement damaged during construction, as determined by the City inspector, shall include milling and resurfacing of the full pavement width, curb to curb, along the entire length of the excavation and/or damaged pavement area. A thorough cleaning of all stormwater drainage inlets and storm sewer pipes adjacent to the building site shall be required at the completion of the project. Handicap ramps, in compliance with ADA standards, are required at both intersections adjacent to the project site. If you have any questions concerning these comments, please call Mr. Leonard Helmers, Professional Engineer IV (Temp.), at extension 1221. SNG/ E v3107 c: Chael, Cooper & Associates, P.A. Brickell Square, LLC 1571 Sunset Drive 4815 Avenue N Coral Gables, Florida 33134 Brooklyn, NY 11234 Stephanie Grindell, P.E., Director of Public Works Roberto E. Lavernia, Chief of Land Development Manuel A. Vega, P.E., Zoning Department bc: Development and Roadway Plans Central C I T Y .O F M I A M I P L A N N I N G D R P A R T M B N T URBAN DEVBLoPMENT REV IEw BOARD (U DRB) Rig SOLUTION FOR RBC OMMEN DATION UDR B MEETING 0 3- 2 1- 2 0 0 7 Item No. 3: A motion was made by Robin Bosco and seconded by Julio Diaz for a resolution recommending to the director of the Department of Planning Approval with Conditions of a Major Use Special Permit for the project La Quinta y La Ocho located at SM S.W. r Street with a vote of 4 to U Votc DSC Yes No Recused Absent Todd B. Tragash, chaimun % C1 ❑ ❑ Julio Diaz, viae ct.oim= X ❑ Cl ❑ Robert Behar l] ❑ X Emesto Santos ❑ ❑ ❑ X Robin Bosco g ❑ ❑ ❑ Marius Khoury ❑ ❑ ❑ X Roger Fry X ❑ ❑ ❑ WMy BetmAha ❑ ❑ ❑ X Conditions: • Provide articulations or fenestrations along the blank wall conditions shown on the west elevation, a Attest: - `' Ana Gela -Sanc a, it for U 4. 1 r r MIAMI INTERNATIONAL AIRPORT�N Commercial Airport: Miami International Airport General Aviation Airports: Dade -Collier Training & Transition Homestead General Kendall-Tamiami Executive Opa-locka Opa-locka West Mr. Roberto Lavernia Chief of Land Development City of Miami 444 SW 2rd Ave, 3rd Floor Miami, FL 33130 ,Miami -Dade Aviation Department P.O. Box 592075 Miami, Florida 33159 T 305-876-7000 F 305-876-0948 www.miami-airport.eom miamidade.gov February 23, 2007 o 029'y MAR 0 2 2007 ZONING SERVICES DIVISION, DARE COUNTY DEPT. Of PLANNING b ZONING BY RE: Land Use and Height Zoning Analysis for La Quinta y Ocho, located at 504 SW Street, Miami, Florida Dear Mr. Lavernia: The Miami -Dade Aviation Department (MDAD) is in receipt of your Large Scale Development Submittal for an airspace/ land use zoning analysis and determination for the above referenced project. Land Use Review: Based on the available information, MDAD has determined that the referenced property is located outside of any land use restrictive zones as depicted in the Zoning Ordinance for Miami International Airport (404-203). Airspace Review: Please note that based on our cursory review of the project information provided to us, an assumed project height of 185 ft AMSL (Above Mean Sea Level), does not meet our review criteria for its location and will not require a Height Analysis or Letter of Determination from this Department, if in the future the project height is altered to meet or exceed an elevation of 200' AMSL (Above Mean Sea Level), the building will need to be resubmitted to this Department for re-evaluation." However, any construction cranes for this project reaching or exceeding 200 ft AMSL (Above Mean Sea Level) must be tiled by the construction contractor using the same form. The form is available through this office or through the FAA website: httpsi//oeaaa.faa.gov . This form should be mailed to: Federal Aviation Administration, Air Traffic Airspace Branch - ASW -520, 2601 Meacham Blvd, Ft. Worth, TX 76137-0520. Alternatively, the construction contractor may "e -file" online at https;/loegaa:faa,goy . Mr. Roberto Lavernia February 23, 2007 Page 2 Please note that the airspace review process is governed by two different regulations: the Miami -Dade County Height Zoning Ordinances and Federal Regulation Title 14 Part 77. The FAA has its own airspace evaluation requirements, and issues airspace determinations for structures and cranes based on the particular facts then presented before the FAA. The County's Department of Planning and Zoning (P&Z) or the applicable municipal building official determines whether the County's zoning requirements and height limitations are met, and FAA determines whether FAA building, marking and height requirements are met. This determination is based, in part, on the description provided to us by you, which includes specific building locations and heights. Any changes in building !ocation-s7layouts void this determination. Any future construction or alteration, including an increase to heights requires separate notice to the FAA and the Miami -Dade Aviation Department. Should you have any questions in obtaining and/or filling out FAA form 7460-1 or if I can be of any further assistance, please feel free to contact me at 305-876-8080. Y, ,.`lranios, R.A. of Aviation Planning Division "1::91 C: S. Harman R. Bergeron Diane O'Quinn Williams, Department of Planning and Zoning Al Torres, Department of Planning and Zoning Damon Holness, Department of Planning and Zoning Ana Gelabert-Sanchez, City of Miami Lourdes Slazyk, City of Miami Roberto Lavernia, City of Miami Antonio E. Perez, City of Miami File Airspace Superintendent of Schools Rudolph F. Crew, Ed.D. June 9, 2008 Ms. Ana Gelabert-Sanchez, Director Planning and Zoning Department City of Miami 444 SW Second Avenue, 3`d Floor Miami, Florida 33130 Miami -Dade County School Board Agustin J. Barrera, Chair Perla Tabares Hantman, Vice Chair Renier Diaz de la Portilla Evelyn Langlieb Greer Dr. Wilbert "Tee" Holloway Dr. Martin Karp Ana Rivas Logan Dr. Marta Perez Dr. Solomon C. Stinson RE: LA QUINTA Y OCHO — 504 SW 8T" STREET, MIAMI I REQUEST FOR LAND USE CHANGE Dear Ms. Gelabert-Sanchez: The above -referenced application was reviewed under the 2003 Interlocal Agreement for Public School Facility Planning (Interlocal Agreement) since the application was filed in June 2007, prior to the implementation of public school concurrency. Pursuant to the Interlocal Agreement, the local government, development community and School Board are to collaborate on options to address the impact of proposed residential development on public schools where the proposed development would result in an increase in the schools' F.I.S.H. % utilization (permanent and relocatable), in excess of 115%. Attached please find the School District's (District) analysis of potential impact generated by the above referenced application. Please note that one of the impacted school facilities meets the referenced review threshold. The proposed residential development will impact Riverside Elementary currently operating at 131% of F.I.S.H. % utilization. Additionally, at its April 13, 2005 meeting, the Board approved School District criteria that would allow District staff to make recommendations on residential zoning applications that impact public schools beyond the 115% of FISH capacity threshold (Review Criteria). In accordance with the Review Criteria established by the Board, the School District determined that the payment of the required educational facilities impact fees for this proposed development will be sufficient to mitigate the impacts at the affected schools. As such, a dialogue between the School District and the above referenced applicant is not required. As a courtesy, the enclosed information is provided for informational purposes only. Thank you in advance for your cooperation in this matter. Should you have any questions, please contact me at (305) 995-7287. Sincerely, Di'VIvian G i aamil 'rector VGV: mo L009 Enclosure cc: Ms. Ana Rijo-Conde, AICP Mr. Fernando Albuerne Mr. Michael A. Levine Mr. Ivan M. Rodriguez, R.A. Facilities Planning Ana Rijo-Conde, AICP, Planning Officer • 1450 N.E. 2nd Avenue, Suite 525 • Miami, Florida 33132 305-995-7285 • FAX 305-995-4760 • arijo@dadeschools.net **REVISED** SCHOOL IMPACT REVIEW ANALYSIS July 8, 2008 APPLICATION: La Quinta y Ocho REQUEST: Change Land Use from R-3 "Medium Density Multifamily Residential' (65 DU/acre) and C-1 "Restricted Commercial" — Little Havana Target Area (200 DU/acre) ACRES: LOCATION: MSA/MULTIPLIER: NUMBER OF UNITS: ESTIMATED STUDENT POPULATION: ELEMENTARY: MIDDLE: SENIOR HIGH: 1.38 net acres 504 SW 8 Street, Miami 5.2 /.18 Multifamily 186 multifamily 33* 16 7 10 SCHOOLS SERVING AREA OF APPLICATION ELEMENTARY: Riverside Elementary — 1190 SW 2 Street Frederick Douglass Elementary — 314 NW 12 Street MIDDLE: Jose de Diego Middle — 3100 NW 5 Avenue SENIOR HIGH: Booker T. Washington Senior High — 1200 NW 6 Avenue All schools are located in Regional Center IV. *Based on Census 2000 information provided by Miami -Dade County Department of Planning and Zoning. The following population and facility capacity data are as reported by the Office of Information Technology, as of October 2007: *Student population increase as a result of the proposed development **Estimated number of students (cumulative) based on zoning/land use log (2001- present) and assuming all approved developments are built; also assumes none of the prior cumulative students are figured in current population. Notes: 1) Figures above reflect the impact of the class size amendment. 2) Pursuant to the Interlocal Agreement, only Riverside Elementary meets the review threshold. PROPOSED RELIEF SCHOOLS School N/A Funding year OPERATING COSTS: Accounting to Financial Affairs, the average cost for K-12 grade students amounts to $6,549 per student. The total annual operating cost for additional students residing in this development, if approved, would total $275,058. CAPITAL COSTS: Based on the State's July 2008 student station cost factors*, capital costs for the estimated additional students to be generated by the proposed development are: ELEMENTARY 8 x $19,188 = 153,504 MIDDLE Does not meet threshold SENIOR HIGH Does not meet threshold Total Potential Capital Cost $153,504 *Based on Information provided by the Florida Department of Education, Office of Educational Facilities Budgeting. Cost per student station does not include land cost. % UTILIZATION % UTILIZATION NUMBER OF FISH DESIGN FISH DESIGN FISH DESIGN PORTABLE CAPACITY STUDENT CAPACITY CAPACITY STUDENT PERMANENT AND CUMULATIVE POPULATION PERMANENT PERMANENT STATIONS RELCOATABLE STUDENTS - Riverside 984 131% 131 749 0 1,960 Elementary 994 * 133% 133% Frederick 523 68% 55% Douglass 772 172 1,437 Elementary 531 * 69% 56% Jose de Diego 788 76% 76% 1,043 0 2,475 Middle 795 * 76% 76% Booker T. 1,345 59% 59% Washington 2,270 0 4,342 Senior 1,355 * 60% 60% *Student population increase as a result of the proposed development **Estimated number of students (cumulative) based on zoning/land use log (2001- present) and assuming all approved developments are built; also assumes none of the prior cumulative students are figured in current population. Notes: 1) Figures above reflect the impact of the class size amendment. 2) Pursuant to the Interlocal Agreement, only Riverside Elementary meets the review threshold. PROPOSED RELIEF SCHOOLS School N/A Funding year OPERATING COSTS: Accounting to Financial Affairs, the average cost for K-12 grade students amounts to $6,549 per student. The total annual operating cost for additional students residing in this development, if approved, would total $275,058. CAPITAL COSTS: Based on the State's July 2008 student station cost factors*, capital costs for the estimated additional students to be generated by the proposed development are: ELEMENTARY 8 x $19,188 = 153,504 MIDDLE Does not meet threshold SENIOR HIGH Does not meet threshold Total Potential Capital Cost $153,504 *Based on Information provided by the Florida Department of Education, Office of Educational Facilities Budgeting. Cost per student station does not include land cost. File Number: 07-00797mu City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS. A MAJOR USE SPECIAL PERMIT FOR THE LA QUINTA Y LA OCHO PROJECT PURSUANT TO ARTICLES 5, 9, 13, AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE LA QUINTA Y LA OCHO PROJECT, TO BE LOCATED AT APPROXIMATELY 504 SOUTHWEST 8TH STREET, 826, 832 AND 844 SOUTHWEST 5TH AVENUE, 513, 515, 517, 521, 531, 541, 551, 561, AND 571 SOUTHWEST 9TH STREET, MIAMI. FLORIDA; THE PROPOSED MAJOR USE SPECIAL PERMIT FOR LA QUINTA Y LA OCHO WILL BE COMPRISED OF A MIXED USE MULTIFAMILY RESIDENTIAL BUILDING WITH APPROXIMATELY 232 RESIDENTIAL UNITS, APPROXIMATELY 262,340 SQUARE FEET OF RESIDENTIAL FLOOR AREA, APPROXIMATELY 20,946 SQUARE FEET OF RETAIL FLOOR AREA, APPROXIMATELY 20,173 OF OFFICE FLOOR AREA; AND APPROXIMATELY TOTAL OF 489 PARKING SPACES; WITH AN APPROXIMATELY MAXIMUM HEIGHT OF 142 FEET 6 INCHES N.G.V.D.; 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 Ben Fernandez, Esquire, on behalf of Brickell Sqaure, LLC (referred to as "APPLICANT'), submitted a complete Application for Major Use Special Permit for La Quinta y La Ocho project (File I D#: 07-00797mu) (referred to as 'PROJECT") pursuant to Articles 5, 9, 13, and 17 of Zoning Ordinance No. 11000, for the properties located at approximately -, 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 March 7, 2007 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on March 21, 2007, to consider the proposed project and recommended approval; and WHEREAS, the Miami Zoning Board, at its meeting on February 25, 2008, Item No. Z.3 -, following an advertised public hearing, adopted Resolution No. 08-013 by a vote of six to three (6-3) vote, recommending denial of Zoning Change classification as set forth; and WHEREAS, the Miami Planning Advisory Board, at its meeting on July 16, 2008 Item No. P.5, following an advertised public hearing, adopted Resolution No. PAB - by a vote of - to - (-), recommending - of the Land Use Change; and City of _Miami Page I of 11 Printed On: 71912008 City of Miami _ P� r *.._>. ° ° - {fir Legislation f A I PAB Resolution File Number: 07-00797mu City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS. A MAJOR USE SPECIAL PERMIT FOR THE LA QUINTA Y LA OCHO PROJECT PURSUANT TO ARTICLES 5, 9, 13, AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE LA QUINTA Y LA OCHO PROJECT, TO BE LOCATED AT APPROXIMATELY 504 SOUTHWEST 8TH STREET, 826, 832 AND 844 SOUTHWEST 5TH AVENUE, 513, 515, 517, 521, 531, 541, 551, 561, AND 571 SOUTHWEST 9TH STREET, MIAMI. FLORIDA; THE PROPOSED MAJOR USE SPECIAL PERMIT FOR LA QUINTA Y LA OCHO WILL BE COMPRISED OF A MIXED USE MULTIFAMILY RESIDENTIAL BUILDING WITH APPROXIMATELY 232 RESIDENTIAL UNITS, APPROXIMATELY 262,340 SQUARE FEET OF RESIDENTIAL FLOOR AREA, APPROXIMATELY 20,946 SQUARE FEET OF RETAIL FLOOR AREA, APPROXIMATELY 20,173 OF OFFICE FLOOR AREA; AND APPROXIMATELY TOTAL OF 489 PARKING SPACES; WITH AN APPROXIMATELY MAXIMUM HEIGHT OF 142 FEET 6 INCHES N.G.V.D.; 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 Ben Fernandez, Esquire, on behalf of Brickell Sqaure, LLC (referred to as "APPLICANT'), submitted a complete Application for Major Use Special Permit for La Quinta y La Ocho project (File I D#: 07-00797mu) (referred to as 'PROJECT") pursuant to Articles 5, 9, 13, and 17 of Zoning Ordinance No. 11000, for the properties located at approximately -, 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 March 7, 2007 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on March 21, 2007, to consider the proposed project and recommended approval; and WHEREAS, the Miami Zoning Board, at its meeting on February 25, 2008, Item No. Z.3 -, following an advertised public hearing, adopted Resolution No. 08-013 by a vote of six to three (6-3) vote, recommending denial of Zoning Change classification as set forth; and WHEREAS, the Miami Planning Advisory Board, at its meeting on July 16, 2008 Item No. P.5, following an advertised public hearing, adopted Resolution No. PAB - by a vote of - to - (-), recommending - of the Land Use Change; and City of _Miami Page I of 11 Printed On: 71912008 File Number: 07-00797mu WHEREAS, the Miami Planning Advisory Board, at its meeting on July 16, 2008 Item No. P.6, following an advertised public hearing, adopted Resolution No. PAB - by a vote of - to - (-), recommending - of the Major Use Special Permit Development Order as hereinafter set forth; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A Major Use Special Permit Development Order, 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 -, Miami, Florida, and more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of a - development ranging in height from approximately - feet to - feet to be comprised of approximately - total multifamily residential units with recreational amenities; approximately - square feet of retail space; and approximately - 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) zoning classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. 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 1) Site and Urban Planning: (1) Respond to the physical contextual environment taking into consideration urban form and natural features; (2) Siting should minimize the impact of automobile parking and driveways on the pedestrian environment and adjacent properties; APPLICABILITY COMPLIANCE Yes Yes Yes Yes City of Miami Page 2 of 11 Printed On: 71912008 File Number: 07-00797mu (3) Buildings on corner lots should be oriented to the corner and public street fronts Yes Yes II) Architecture and Landscape Architecture: APPLICABILITY COMPLIANCE (1) A project shall be designed to comply with all applicable landscape ordinances; Yes Yes* (2) Respond to the neighborhood context; Yes Yes* (3) Create a transition in bulk and scale; Yes Yes (4) Use architectural styles and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; Yes Yes (5) Articulate the building facade vertically and horizontally in intervals that conform to the existing structures in the vicinity. Yes Yes* III) Pedestrian Oriented Development: APPLICABILITY COMPLIANCE (1) Promote pedestrian interaction; Yes Yes (2) Design facades that respond primarily to the human scale; Yes Yes (3) Provide active, not blank facades. Where blank walls are unavoidable, they should receive design treatment. Yes Yes* IV) Streetscape and Open Space: APPLICABILITY COMPLIANCE (1) Provide usable open space that allows for convenient and visible pedestrian access from the public sidewalk; Yes Yes (2) Landscaping, including plant material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. Yes Yes* V) Vehicular Access and Parking: APPLICABILITY COMPLIANCE (1) Design for pedestrian and vehicular safety to minimize conflict points; Yes Yes (2) Minimize the number and width of driveways and curb cuts; Yes Yes (3) Parking adjacent to a street front should be minimized and where possible should be located behind the building; Yes Yes City of Miami Page 3 of 11 Printed On: 71912008 File Number: 07-00797mu (4) Use surface parking areas as district buffer VI) Screening: (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 structure with trellises, landscaping, and/or other suitable design element. VII) Signage and Lighting: (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. VIII) Preservation of Natural Features: (1) Preserve existing vegetation and/or geological features whenever possible. IX) Modification of Non conformities: (1) For modifications of nonconforming structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform to current regulations shall be designed to conform to the scale and context of N/A APPLICABILITY Yes Yes Yes APPLICABILITY N/A N/A N/A N/A APPLICABILITY Yes APPLICABILITY N/A COMPLIANCE Yes* Yes Yes COMPLIANCE COMPLIANCE Yes COMPLIANCE City of Miami Page 4 of 11 Printed On: 71912008 File Number: 07-00797mu the nonconforming structure. N/A *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 $80,100,000, and to employ approximately 588 workers during construction (FTE -Full Time Employees); The PROJECT will also result in the creation of approximately 150 permanent new jobs (FTE) and will generate approximately $773,613 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; (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 -, 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. City of Miami Page 5 of 11 Printed On: 71912008 File Number: 07-00797mu 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 - (File ID#: 07-00797mu), (hereinafter referred to as the "PROJECT") to be located at approximately 504 SW 8th Street, 826, 832, and 844 SW 5th Avenue, 513, 515, 517, 521, 531, 541, 551, 561, and 571 SW 9th Street, Miami, Florida (see legal description on "Exhibit A", attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions approves the Major Use Special Permit and issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a mixed use development to be located at approximately 504 SW 8th Street, 826, 832, and 844 SW 5th Avenue, 513, 515, 517, 521, 531, 541, 551, 561, and 571 SW 9th Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 3.01± acres and a net lot area of approximately 2.34± 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 approximately 142 feet and 6 inches in height to be comprised of a mixed use multifamily residential building with approximately 232 total multifamily residential units with recreational amenities; approximately 20,946 square feet of retail space; and approximately 20,173 square feet of office floor area with approximately 489 total off-street parking spaces; providing for certain floor area ratio ("FAR") bonuses. The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits: MAJOR USE SPECIAL PERMITS City of Miami Page 6 of 11 Printed On: 71912008 File Number: 07-00797mu MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for residential development involving in excess of two hundred (200) units; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (8) and ARTICLE 9, Section 914, Sub -Section 914.1 Dwelling unit, square footage, and off-street parking bonuses for contribution to Affordable Housing Trust Fund; exceptions, to allow an increase up to twenty (25) percent of additional floor area as a development bonus of approximately 32,559 square feet, the user shall make a non-refundable bonus developer contribution of an amount of $403,731.60 to the Affordable Housing Trust Fund administered by the City of Miami; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (9) and ARTICLE 5, Sect. 502. PUD districts; minimum area, maximum densities and maximum floor area ratios permitted (a)(c), to allow up to 20 % increase of floor area ratio, for an increase of approximately 45,150 square feet of floor area; This MAJOR USE SPECIAL PERMIT encompasses the following Special Permits and Requests: CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 625.3, to allow the construction of a new development in SD -25 districts; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, C-1 Restricted Commercial, Class II Special Permits required, to allow an increase of the maximum allowed footprint of 40 % the Gross Lot Area to 60% GLA; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917.7.1, Reduction in parking requirements for combinations of commercial and office uses on the same premises, To allow reduction up to ten (10) percent of the total required parking spaces for combination of commercial and office uses; CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 625.9, Parking, reduction in overall non-residential parking of up to ten (10) -percent may be granted pursuant to a Class II Special Permit if metered parking is located along any street frontage adjacent to the proposed establishment, to allow up to ten (10) percent reduction in parking requirement of non-residential parking; 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 21 feet; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary structures, occupancies, and uses during construction, criteria for special permits, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be approved by other city departments; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub -Section 906.9. Temporary special events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremony; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub -Section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as ground breaking ceremonies; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2. Temporary off-street City of Miami Page 7 of 11 Printed On: 71912008 File Number: 07-00797mu offsite parking for construction crews, criteria, to allow temporary off-street offsite parking, for construction crews working on a residential project under construction, within C-1 or more permissive zoning district; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub -Section 920.1.2. Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes, when authorized for security or other purposes in connection with land development such as construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT, as per, ARTICLE 10, Section 10.5, Sub -Section 10.5.4.3, C-1 Restricted Commercial, Temporary Signs (3), to allow temporary development signs; REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted average dBA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria; REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required at the time of issuance of Shell Permit instead of at issuance of Foundation Permit: - The requirement to record in the Public Records a Declaration of Covenants and/or Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner and/or a mandatory property owner association; - And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title. Pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Chael, Cooper and Associates, P.A, signed and, dated April 22, 2008; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Witkin Design Group, signed and dated June 1, 2007; 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) and SD -25 Overlay Special District zoning classifications, 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 City of Miami Page 8 of 11 Printed On: 71912008 File Number: 07-00797mu FOLLOWING: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns of the said 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. 8) Provide the Planning Department with a temporary construction plan that includes the following: a temporary construction parking plan, with an enforcement policy; a construction noise management plan with an enforcement policy; and a maintenance plan for the temporary construction site; said plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this Major Use Special Permit. 9) In so far as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and detailed requirements for final review and approval of each one prior to the issuance of any of the City of Miami Page 9 of 11 Printed On: 71912008 File Number: 07-00797mu 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) Verify the amount of encroachment allowed with the Zoning Department; (b) Articulate the west fagade, exploring ways to treat the blank walls along this fagade; and (c) Verify FEMA's finish floor requirements for the site and indicate how the design of the colonnade and sidewalk will address these requirements. 12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: (1) S.W. 8th Street- Coordinate replacement of broken and damage concrete sidewalk, curb and gutter adjacent to the project site with Florida Department of Transportation; (2) S.W. 9th Street - Construct new sidewalk and curb and gutter following the twenty five (25) corner radius. Replace all damaged and broken sidewalk, curb and gutter and valley gutter on the north side of a street adjacent to the project site; (3) S.W. 5th Avenue - Construct new sidewalk and curb and gutter following the 25' corner radius at the intersection with S.W. 9th Street. Replace all damaged and broken sidewalk, curb and gutter and valley gutter on the west side of the street adjacent to the project site. 13) That the requested applictions for the FutureLand Use Change and Change of Zoning on these properties are approved by the City Commission 14) The applicant shall record a covenant, sbect to review and approval by the city attorney, within sixty (60) days of the effective date of this resolution, which states that in the event that this Major Use Special Permit expires or is abandoned, any future development of the subject properties shall require design review and approval by the Planning Director, utilizing the same criteria as the original Major Use Special Permit. 15) 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 City of Miami Page 10 of 11 Printed On: 71912008 File Number: 07-00797mu (3) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) the PROJECT will efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 11 of 11 Printed On: 71912008 "Exhibit A" LA QUINTA Y LA OCHO Major Use Special Permit 504 SW 8th Street Legal Description Lots 1, 2, 3, 4, 5, and 6, less the north 10 feet, Block 61, of "CITY OF SOUTH MIAMI SUBDIVISION", according to the Plat thereof as recorded in Plat Book B, at Page 41, of the public records of Miami - Dade County, Florida; and Lots, 13, 14, 15, 16, 17, 18, 19, and 20, Block 61, of "CITY OF SOUTH MIAMI SUBDIVISION", according to the Plat thereof as recorded in Plat Book B, at Page 41, of the public records of Miami -Dade County, Florida. "EXHIBIT B" LA QUINTA Y LA OCHO PROJECT DATA SHEET • .Front (SW 8th Street) ALLOWED PROPOSED ZONING R3 (SD 12 Ovrx[ay) CI (SD 25) • Side (SW 5th Avenue) C1 (SD 25 Overlay) C1 CMMLOT AREA 131,250 SF O+ap" NET LOT AREA 102,000 SF 28' 6" DENSITY (Little Havana Target Area) 200 Units/dere 13,676 SF DENSITY 409 Units 232 Units EAR (L72*GIA) • Base FAR 225,750 SF 225,750 SF • 20%, PUD increase 45,150 SF 45,130 SF • 25% Affordable Housing [nerease 56,438 SF 32,559 SF • 'TO T'AL FAR 327,335 SF 303,459 SF • .Front (SW 8th Street) 10'-o" l0'-0" • Front (SW 9th Street) lo' -o" l0'-0" • Side (SW 5th Avenue) 7'-6" 14'-tt.75" • Side (lutcnor - Abutting C1) 0'-0" O+ap" • Side (Intexior - Abutting R3) 10,-0" 28' 6" OPEN SPACE (.10*GLA) 13,125 SF 13,676 SF BE11€ MING FOOTPRINT (.60GLA) 78,750 5F 77,252 SF BUR DING R ErI&HT TopofRoof UNLOOT61 142'-6" NGVD Top of Parapet UNL.QY=D 146'-3" NGVD Top of Monument LTNL LLN=D 02-6" NGVD SQUARE -FOOTAGE PROGRAM + Residential 262,340 SF • Commercial 20,946 SF • office 20,173 SF OTOTAL 303,459 SF RESIDENTIAL UNIT COUNT + 9th Street Apartments. 30 Units •'18 - 3 Br -12-2Br • Liner 48 Units +12 - Studio +21-1Br ■15-2Br • Tower 154 Units -22 - Studio •60 -1 Br ■72-2Br • TOTAL 232 Units •35 - Studio (535 SF) •80 -1 Br (777 SF) •99 - 2 Br (1080 SF) ■18 - 3 Bir (1332 SF) PARKING REQUIRED PRO'V'IDED • Residential Parking 349 Spaces 355 Spaces (1 Space / Studio & I Br) ,2 Spaces/ 2 Br & 313x) • Guest Parking 23 Spaces 23 Spaces (1/10 Units) • Commercial Parking 71 Spaces 71 Spaces (1/300 SF) + Office Parking 68 Spaces 68 Spaces (1/300 SF) • E00l4 Decrease for Mix of Uses -14 Spaces 14 Spaces (Commercial & Office) • 10% Decrease For On -street Parking -14 Spaces 14 Spaces (Com merciai & Office) • Loading Berths 4 - 12' x 35' x 15' 4 - Spaces 12' x 35'x 15' • Accesible Parking 10 Spaces 10 Spaces (2% of Total Per SF'Bq 0 TOTAL 483 Spaces 489 Spaces