HomeMy WebLinkAboutItem#1-V-Carver-PAB-11.18.09PLANNING FACT SHEET
LEGISTAR FILE ID: 06-00415mm November 18, 2009 Item # P.1
APPLICANT Lucia Dougherty, Esquire, on behalf of 401 NW LLC, Village
Carver Phase I, LLC, Village Carver Phase II, LLC and Village
Carver Phase III, LLC as applicant/developer and YMCA of
Greater Miami, Inc., as owner
REQUEST/LOCATION Consideration of a Substantial Modification to a Major Use
Special Permit for the Village Carver project, to be located at
approximately 401 Northwest 71 st Street, Miami, Florida
COMMISSION DISTRICT 5 - Michelle Spence -Jones
ZONING DISTRICT(S) C-2 (Liberal Commercial)
SITE AREA 7.80± acres (Gross) and 6.65± acres (Net)
LEGAL DESCRIPTION See supporting documentation
PETITION A Resolution of the Miami Planning Advisory Board
Recommending approval or denial of a Resolution of the Miami
City Commission, with attachments, approving with conditions,
a Substantial Modification to the previously approved Village
Carver Major Use Special Permit pursuant to Articles 13, 17 and
22 of Zoning Ordinance No. 11000, as amended, for the Village
Carver Project, to be located at approximately 401 Northwest
71 st Street, Miami, Florida, the proposed Substantial
Amendment will modify the approved MUSP Resolution R-08-
0458 as follows: 1) To increase the total number of units of the
unified Multifamily Residential Development from 309 to 310
Units, 2) To increase the total number of provided off-street
parking spaces from 391 to 443 spaces (386 within A parking
garage structure and 57 spaces on a surface parking lot, and
3) To relocate the footprint of all Phases (I, II and III) more than
10 feet in a horizontal direction due to Historic Preservation site
requirements
PLANNING
RECOMMENDATION
BACKGROUND AND
ANALYSIS
PLANNING ADVISORY BOARD
CITY COMMISSION
Approval with conditions
See supporting documentation
VOTE:
...................................................................................................................................................................................................................................................................................................................................
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1500
....................................................................................................................................................................................................................................................................................................................................
Date Printed: 11/6/2009 Page 1
ANALYSIS
SUBSTANTIAL MODIFICATION TO A PREVIOUSLY APPROVED
MAJOR USE SPECIAL PERMIT
for
VILLAGE CARVER
located at approximately
401 NW 71 Street, Miami, Florida
LEGISTAR FILE ID: 06-00415mm
The proposed substantial amendment will modify the approved MUSP Resolution R-08-
0458 as follows: 1) To Increase the total number of units of the unified multifamily
residential development from 309 to 310 units, 2) To Increase the total number of
provided Off-street parking spaces from 391 to 443 spaces (386 within a parking garage
structure and 57 spaces on a surface parking lot, and 3) To relocate the footprint of all
phases (I, II and III) more than 10 feet in a horizontal direction due to historic
preservation site requirements.
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for "VILLAGE CARVER" at approximately 401 NW 71 ST
a/k/a 485 NW 71 ST Miami, Florida, has been submitted and reviewed as an applica-
tion for substantial modifications to a previously approved Major Use Special Permit
(R-08-0458), subject to applicable criteria;
The proposed modifications to the previously approved Major Use Special Permit
R-08-0458 are as follows:
1. To increase the total number of units of the unified multifamily residential
development from 309 to 310 units.
2. To increase the total number of provided off-street parking spaces from
391 to 443 spaces (386 within a parking garage structure and 57 spaces on
a surface parking lot.
3. To relocate the footprint of all PHASES (1, II and III) more than 10 feet in a
horizontal direction due to Historic Preservation Site Requirements.
Note:
• Affordable Housing Development PHASE 1 (112 Residential Units), is cur-
rently under construction with permit number 13085007344.
The substantial amendment to the Major Use Special Permit (R-08-0548) encom-
passes the following Special Permits and Requests:
SPECIAL EXCEPTION, as per Article 4, Section 401, under Conditional Principal
Uses of C-2 Liberal Commercial (12), to allow the construction of Multifamily Residen-
tial Structures of a density equal to R-3 or higher, R-4 in this case; subject to all appli-
cable criteria;
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Page 1 of 7
SPECIAL EXCEPTION, as per Article 9, Section 917.8, to allow deferral of total re-
quired parking improvements for Phase I currently under construction with Building
Permit No B085007344; subject to all applicable criteria;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908.2, to allow driveways
width greater than 25 feet.
CLASS II SPECIAL PERMIT, as per Article 15, Sect. 1512, to allow a waiver of City of
Miami Parking Guides & Standards requirement of one (1) additional foot of parking stall
dimension abutting columns or any other obstructions. The minimum stall width dimen-
sion of 8'-6" will be measured from the face of the column to the center line of the stall
stripping lines;
CLASS II SPECIAL PERMIT, as per ARTICLE 9. Section 927, 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, to allow temporary car-
nival, 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 916.2.1, to allow parking for
temporary special event such as groundbreaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9. Section, to allow temporary off-street
offsite parking, for construction crews working on a residential project under construc-
tion, within R-4 or more permissive zoning district;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow 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, Section 10.5.4.4. C-2
Liberal Commercial, Temporary Signs (3), to allow temporary development signs;
REQUEST as per Article 25, Section 2502 Definition, to be qualified as a phased
project by the Director of the Planning Department as established in Article 17, Section
1701 (11).
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 Man-
ager Exception pursuant to Section 36-6 (c) and all the applicable criteria;
REQUEST for applicable SUBSTANTIAL MODIFICATION TO A 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
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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.
In determining the appropriateness of the proposed project, the Planning
Department has referred this project to Public Works Department, to the
Transportation Administration Division, and to the Planning Internal Design
Review Committee for additional input and recommendations; the following
findings have been made:
• It is found that on July 2, 2008 the City of Miami adopted the Village Carver MUSP
under Resolution R-08-0548, and it is currently under construction with permit
number B085007344.
• It is found that during the Phase I construction process of the Village Carver project,
a burial ground related to the old Lemon City Cemetery was discovered in April of
2009.
• It is found that the project was requested to relocate the footprint of all Phases (1, II
and III) more than 10 feet in a horizontal direction due to Historic Preservation site
requirements.
• It is found that on November 3, 2009, the Historic and Environmental Preservation
Board (HEPB) approved the designation of the discovered Lemon City Cemetery as
a historic site.
• It is found that the proposed development project will benefit the area by creating
residential units in the Little Haiti NET District, between Rail Road to the North, NW
71St Street to South, NW 3rd Avenue to East, and 1-95 Expressway to West.
• It is found that the proposed project is not located along a Primary Pedestrian
Pathway.
• It is found that the proposed residential increase in one unit does not affect the
residential density of the project (310 units at 46.61 units per acre) is still below the
maximum allowed of 997 units (150 units per acre) on the 6.65 ± net acre site.
• It is found that the total floor area proposed for the 7.80± gross acre site increased
from 229,948 square feet (0.68 FAR) to 259,559 square feet (0.76 FAR) which is still
below than the maximum allowed for the site which is 584,308 square feet at a Floor
Area Ratio (FAR) of 1.72
• It is found that the proposed open space for the project 161,857sq. ft. is above the
minimum required open space (33,971 sq. ft. at 10% GLA) for this project.
• It is found that the proposed total number of parking spaces increases from 391 to
443 spaces (386 within a parking garage structure and 57 spaces on a surface
parking lot) for the project, which is above the minimum required of 441 parking
spaces.
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• It is found that the project is expected to cost approximately $141,179,540 and to
employ approximately 132 workers during construction (FTE -Full Time Employees);
The project will also result in the creation of approximately 12 permanent new jobs
(FTE) for building operations and will generate approximately $ 671,310 annually in
tax revenues to the City (2009 dollars).
• It is found that the Sharpton, Brunson & Company, P.A., the firm who conducted the
"Economic Impact Analysis" for the Village Carver Major Use Special Permit, issued
on October 28, 2009 an Application update letter stating that "Although there have
been changes in our economic markets since 2007, the aggregate economic impact
we estimated in our prior report will not materially change".
• It is found that Sun -Tech Engineering, Inc., the firm who conducted the "Site Utility
Study" for the Village Carver Major Use Special Permit, issued on October 21, 2009
an Statement Of Consistency -Site Utility Study letter confirming "that the Utility
Study prepared in 2007 is still accurate and valid for the revised MUSP".
• It is found that on September 6, 2007, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #179) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient contingent upon the following
Transportation Control Measures; (1) Promote carpooling and ridesharing programs;
(2) Provide easily accessible bicycle racks within the facility; and (3) Provide transit
information for residents and patrons.
It is found that on October 5, 2009 the City of Miami Transportation Administration
Division issued a "Carver Village- Substantial Modification and Sufficiency for Traffic
Review" stating that "The previous letter on the traffic impact report, dated
September 6, 2007, is still applicable".
It is found that the proposed project was reviewed by the Internal Design Review
Committee on September 22, 2009, and the following revised pertinent comments
were made: (1) Expand the sidewalk areas at building entrances to allow for direct
access from the public sidewalk to the entrance and to provide space for public
gathering, (2) Consider a grass -pave or other permeable pavement system for the
loading area in Phase I to better integrate the facility with the surrounding green
space, (3) The pedestrian sidewalk shall remain at a consistent height throughout.
Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of
the curb, with the ramp slope being the maximum allowed by Public Works,
(4) Provide a material sample or precedent photograph of the material proposed to
screen the parking garage openings. It is essential that all views of cars, lights, and
mechanical equipment are screened from all street fronts and neighboring
properties, (5) Provide additional Elevations of the courtyard areas for the
committee's review, (6) Screen the top level of the parking garage with landscaping
or an architectural treatment, (7) Consider providing a covered path from the
residential tower to the parking garage to provide refuge for residents during
inclement weather, and (8) Submit a landscape plan that specifies the species and
proposed locations of all plant materials.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on May 9, 2008. The student population generated by this
development is estimated at 71 students. The schools serving this area of
application are Little River Elementary; (34 students) — 91 % Florida Inventory School
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Houses (FISH) Capacity; Horace Mann Middle (16 students) — 59% FISH; and Miami
Edison Senior High (21 students) — 69% FISH. Pursuant to the Interlocal
Agreement none of the schools meet the review threshold of 115%.
• It is found that the maximum height of the proposed structure is approximately 113
feet 8 inches N.G.V.D at top of roof slab. The same originally approved in the
MUSP. Pursuant to Article 4, Section 401 the maximum height allowed for C-2 is
120 feet.
• It is found that the Miami -Dade Aviation Department provided a height analysis
review on April 30, 2007; stating that the proposed project conforms to the Miami
Dade County Height Zoning Ordinance. However, any construction cranes for this
project reaching or exceeding 200 feet AMLS must be filed by the construction
contractor using the same form mentioned before.
• It is found that on September 6, 2007, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #179) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient contingent upon the following
Transportation Control Measures; (1) Promote carpooling and ridesharing programs;
(2) Provide easily accessible bicycle racks within the facility; and (3) Provide transit
information for residents and patrons.
• It is found that the City of Miami Assistant Transportation Coordinator issued a
"Carver Village- Substantial Modification and Sufficiency for Traffic Review" stating
that "The previous letter on the traffic impact report, dated September 6, 2007, is still
applicable..."
• It is found that the Environmental Impact Analysis Statement submitted with the
project states that "the proposed development site is appropriate and has a
favorable impact on economy, public services, environment and housing supply
within the immediate neighborhood and its environment"
• It is found that The Spinnaker Group, the firm who conducted the "Environmental
Impact Analysis" for the Village Carver Major Use Special Permit, issued on October
19, 2009 an update statement which reads: "The Environmental Impact Analysis
provided in September of 2007 and submitted with the MUSP application should be
considered valid and consistent with the updated site plan".
• 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
Non conformities.
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.
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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 Substantial Modification to a 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.
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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) Expand the sidewalk areas at building
entrances to allow for direct access from the public sidewalk to the entrance and to
provide space for public gathering, (2) Consider a grass -pave or other permeable
pavement system for the loading area in Phase I to better integrate the facility with the
surrounding green space, (3) The pedestrian sidewalk shall remain at a consistent
height throughout. Vehicles shall rise to the sidewalk level with ramping beginning at the
outer edge of the curb, with the ramp slope being the maximum allowed by Public
Works, (4) Provide a material sample or precedent photograph of the material proposed
to screen the parking garage openings. It is essential that all views of cars, lights, and
mechanical equipment are screened from all street fronts and neighboring properties,
(5) Provide additional Elevations of the courtyard areas for the committee's review,
(6) Screen the top level of the parking garage with landscaping or an architectural
treatment, (7) Consider providing a covered path from the residential tower to the
parking garage to provide refuge for residents during inclement weather, and (8) Submit
a landscape plan that specifies the species and proposed locations of all plant materials.
12) 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.
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FUTURE LAND USE MAP
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C I T Y O F M I A M I
P L A N N I N G D E P A R T M E N T
DESIGN REVIEW COMMENTS
SPECIAL EXCEPTION PERMIT
IDR -07-018
VILLAGE CARVER YMCA
401 N.W. 71sT STREET
NET DISTRICT: LITTLE HAITI
09.22.2009
The following comments represent the unified vision of the Pre -Application Design Review Committee, which
consist of all staff members in the Urban Design and Land Development Divisions.
COMMENTS:
The following comments are being made in an effort to develop projects to their highest potential and make a
significant contribution to improving the quality of our built environment with great architecture and urban
design.
Urban Design
• Include all right of way areas within the site plan.
• Expand the sidewalk areas at building entrances to allow for direct access from the public sidewalk to
the entrance and to provide space for public gathering.
• Consider a grass -pave or other permeable pavement system for the loading area in phase 1 to better
integrate the facility with the surrounding green space.
• The pedestrian sidewalk shall remain at a consistent height throughout. Vehicles shall rise to the
sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the
maximum allowed by Public Works. Figure 1, below illustrates the intent.
Architecture
• Provide a material sample or precedent photograph of the material proposed to screen the parking
garage openings. It is essential that all views of cars, lights, and mechanical equipment are screened
from all street fronts and neighboring properties.
• Please provide additional Elevations of the courtyard areas for the committee's review.
• Screen the top level of the parking garage with landscaping or an architectural treatment.
• Consider providing a covered path from the residential tower to the parking garage to provide refuge
for residents during inclement weather.
Landscaping
• Submit a landscape plan that specifies the species and proposed locations of all plant materials.
Figure 1:
Hd'41P 11745M1%
1 r _
E rLuSH -
It is our intention with these comments to aid in expediting Special Permit applications with your j
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.
September 6, 2007
N
PEANU'RECEIVED
f N: DEPM TPiEN 1.
2001 SEP I I All 7.35
Ms. Lilia I. Medina, AICP
Assistant Transportation Coordinator
City of Miami, Office of the City Manager/Transportation
444 SW 2nd Avenbe (10th Floor)
Miami, Florida 33130
Re; Village Carver
Sufficiency Letter — Review # 179
Dear Ms. Medina:
Via Fax and US Mail
Subsequent to our May 8, 2007 review comments for the subject project, we have
received formal responses from Richard Garcia and Associates Inc. (RGA) dated May 10
and September 5, 2007. Photocopies of RGA's responses are attached herewith.
The traffic impact study had identified Transportation Control Measures (TCM) to reduce
the auto trips generated by this development. Although the TCM plan recognizes the
availability of transit facilities near the project site, it recommends following strategies to
reduce peak hour traffic:
1. Promote carpooling and ridesharing programs;
2. Provide easily accessible bicycle racks within the facility; and
3. Provide transit information for residents and patrons.
The development approval of this site should be conditioned upon these TCMs and
providing convenient and secure spaces for bicycles.
At this time, we conclude that the revised traffic report along with the subsequent
submittals meet all the traffic requirements and the report is found to be sufficient. Should
you have any que.§tions, please call me at 954.739.1881
Sincerely,
U
Rajhanmug m, E.
Seni r Traffic Engineer
Attachment
Cc: Mr. Antonlo E. Perez, Planner It, City of Miami Planning (Fax - 305.416.1443)
Mr. Richard Garcia, P.E., RGA. (Fax - 305.595.7505)
1 URS Corporation
Lakeshore Complex
5100 NW 33rd Avenue, Suite 150
Fort Lauderdale, FL 33309-6375
Tel: 954.739,1881
Fax: 954.739.1789
Castillo, Vanessa
From: Medina, Lilia I.
dent: Monday, October 05, 2009 11:42 AM
b: Perez, Antonio; Castillo, Vanessa
�Cc: nprange@yahoo.com; rodriguezms@gtlaw.com
Subject: Carver Village -Substantial Modification and Sufficiency for Traffic Review
For the file, I find the revised design, development program and parking configuration for Carver Village in
compliance with the traffic review per the Office of Transportation of the City of Miami. The applicant for the
subject property, located at 401 NW 71 Street, Miami, Florida (also located at 485 NW 71 Street) is undergoing
a Substantial Modification to their previous submittal. According to Mr. Patrick Range, and, the applicant, the
City's Department of Public Works has approved the revised plans including the proposed two parking garages
(phased construction) that will address the required parking for the residential units of the project. Therefore,
since the Department of Public Woks has no conflict with the internal configuration and turning movements of
the parking garages, 1 find the Substantial Modification meets all the traffic requirements. The previous
sufficiency letter on the traffic impact report, dated September 6, 2007, is still applicable since the revised
project only proposes one additional residential unit in comparison to the previous development program.
Should you have any questions, please call me at the number listed below.
Lilia i. Medina. AICP
Assistant Transportation Coordinator
City of Miami
Office of the City Manager/Transportation
444 SW 2nd Avenue, 90th Floor
Miami. FL 33130
te1:305.416.1080 fax: 305.416.1019
ornail: limedina(a�miamipov.com
Engineers Planners Surveyors
October 21, 2009
City of Miami
Attn: Roberto Lavernia
444 S.W. fd Avenue
Miami, FL 33130
RE: YMCA CARVER MUSP
Sun -Tech Engineering, Inc.
1600 West Oakland Park Boulevard
Fort Lauderdale, Fl. 33311
(954) 777-3123 1 Fax (954) 777-3114
E-mail: suntech@suntecheng.com
STATEMENT OF CONSISTENCY -SITE UTILITY STUDY
STE PROJECT No. 05-2978
Dear Mr. Lavernia:
Sun -Tech Engineering, Inc has reviewed the revised site plan and we confirm that
the Utility Study prepared in 2007 is still accurate and valid for the revised MUSP.
The drainage characteristics have changed but have not compromised the ability to
construct the proposed development.
If you have any questions or require additional information, please do not hesitate
to contact me.
Sincerely,
SUN -TECH ENGINEERING, INC.
Ak-Zsi
William C. Lips, P.E.
Florida Registration No. 61741
Cc: Oscar Sol, The Carlisle Group
Iris Escarra, Greenberg Traurig P.A.
Heidi Henderson, STE
KAProject Docs\05-XXX.X\05-2978 YMCA Village Carver\Letters\Letter008 City MUSP-Site Utility.doc
THE SPINNAKER GROUP
501 SPfNNAKER
SpiNNAER
WEsroN, FL 33326
www.thespinnakergroupinc.com
(954)347-0967
Fax (954)-217-3614
RE: YMCA Village Carver Project
To Roberto Lavernia:
Date: October 19, 2009
Regarding the YMCA Village Carver project proposed relocation of the parking garage from the eastern
portion of the site to the Phase II portion of the site. The proposed change does not affect the open space provided by
the project, the size of the building footprint, the building orientation or the amount of parking spaces being built. Due
to this condition the proposed change is considered non consequential from an environmental perspective. The
Environmental Impact Analysis provided in September of 2007 and submitted with the MUSP application should be
considered valid and consistent with the updated site plan.
6PSim
Jason Biondi
LEED AP
786- 897- 7783
Building Commissioning • LEED"rm Consulting ,{;
RM=4Gr�
1 .� `pk
�tSHARPTON, BRUNSON & COMPANY, PA.
k Certified Public Accountants & Business Consultants
One Southeast Third Avenue I 10 East Broward Boulevard 215 South Monroe Street
Suite 2100 Suite 1950 Suite 600
Miami, Florida 33131 Fort Lauderdale. Florida 33301 Tallahassee, Florida 32301
Telephone: (305) 374-1574 Telephone: (954) 467-5490 Telephone: (850) 224-2994
Facsimile: (305) 372-8161 Facsimile: (954) 467-6184 Facsimile: (850) 2240099
Website: www.sbccpa.com
October 28, 2009
Lucia Daugherty, Esq.
Partner
Greenberg Traurig
1221 Brickell Avenue, 23rd Floor
Miami, Florida 33131
RE: Village Carver MUSP Application update
Ms. Daugherty,
Although there have been changes in our economic markets since 2007, the
aggregate economic impact we estimated in our prior report will not materially change.
The representation is predicated on the fact that while the cost of construction
has decreased in the range of 20-30%, the annual operating cost and project finance
charges have decreased as well. Additionally, and significantly, the project is less risky
(assuming financing remains in place).
The total number of temporary and permanent personnel remains the same.
Tax revenues associated with land values decreased from 2007 levels, but we
view this as a temporary, not permanent valuation adjustment. Given the when we
anticipate this project being completed, the change, if any, would not be significant.
Very truly yours,
SHA �, RUNSON & COMPANY, P.A.
arryl PC. Sharpton, CPA/ABV
President
DKS/hr
J
Applicant Fields
City of Miami
• _q
Sa'
Public School Concurrency
�
Concurrency Management System Entered Requirements
Applicant Fields
Information
Application Type
Public Hearing
Application Sub -Type
MUSP
Application Name *
Village Carver Phase 1, LLC
Application Phone *
305-357-4706
Application Email *
osoi@carlisledevelopmentgroup.com
Application Address *
2950 SW 27 Avenue Suite 200, Miami
Contact Fields
Information
Contact Name *
Lucia A. Doughert
Contact Phone *
305-579-0603
Contact Email *
doughertyl@gtlaw.com
Local Govt Name
City of Miami
Local Govt. Phone
305-416-1400
Local Govt Email
GDGay�la ci.miami.fl.us
Local Govt App. Number (OFFICIAL USE ONLY)
Property Fields
Information
Master Folio Number *
01-3112-112-0010
Additional Folio Number
Total Acreage *
approx. 6.65 acres
Proposed Land Use/Zoning *
C-2
Single -Family Detached Units *
0
Single -Family Attached Units (Duplex) *
0
Mufti -Family Units *
310
Total # of Units *
310
Redevelopment information (MUSPs) - Re -development applications are for those vacant sites for which a local
government has provided vested rights; or for an already improved property which does not have to be re -platted as
deemed by the local government. The number of units to be input into the CMS is the net difference between the ebsting
vested number of units and the newly proposed number of units.
Example: an existing 20 -unit structure will be tom down tar redevelopment. The newly proposed development calls
for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less
the newly proposed 4 units).
Required Fields for Application
Lucia A. Dougherty, Esquir
Owner(s)/Attomey/Applicant Name Owner(s)/Attomey/Applicant Signature
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
Thg fgregoing was acknowledged before me this day of
20 00 . by Lucia A. Douaherly. tsauire
who is a(n) individual/partner/agent/corporation of a(n)
individuallpartnership/corporation. He/She is personally own to We or who has produced
as identification and who did (did not) take an oath.
(Stamp) Signature
Io,aly Public - State of Florida
• . �`�•; • =My Commission Expires Sep 17, 2010
Commission # DD 553129
Bonded By National Notary Assn.
File Number: 06-00415mm
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD
RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI
CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A
SUBSTANTIAL MODIFICATION TO THE PREVIOUSLY APPROVED VILLAGE
CARVER MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13, 17 AND
22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE VILLAGE
CARVER PROJECT, TO BE LOCATED AT APPROXIMATELY 401 NORTHWEST
71 STREET, MIAMI, FLORIDA, THE PROPOSED SUBSTANTIAL AMENDMENT
WILL MODIFY THE APPROVED MUSP RESOLUTION R-08-0458 AS FOLLOWS:
1) TO INCREASE THE TOTAL NUMBER OF UNITS OF THE UNIFIED
MULTIFAMILY RESIDENTIAL DEVELOPMENT FROM 309 TO 310 UNITS, 2) TO
INCREASE THE TOTAL NUMBER OF PROVIDED OFF-STREET PARKING
SPACES FROM 391 TO 443 SPACES (386 WITHIN A PARKING GARAGE
STRUCTURE AND 57 SPACES ON A SURFACE PARKING LOT, AND 3) TO
RELOCATE THE FOOTPRINT OF ALL PHASES (I, II AND III) MORE THAN 10
FEET IN A HORIZONTAL DIRECTION DUE TO HISTORIC PRESERVATION SITE
REQUIREMENTS, PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR");
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 October 5, 2009 Lucia Dougherty, Esq. on behalf of 401 NW LLC, Village
Carver Phase I, LLC, Village Carver Phase II, LLC, and Village Carver Phase III, LLC as
applicant/developer and YMCA of Greater Miami, Inc., as owner (referred to as "APPLICANT"),
submitted a complete application for a Substantial Amendment to Major Use Special Permit for the
Village Carver approved MUSP under Resolution R-08-0458 (referred to as "PROJECT") pursuant to
Articles 13, 17 and 22 of Zoning Ordinance No. 11000, for the properties located at approximately 401
NW 71st Street, Miami, Florida, more particularly described in Exhibit "A" attached hereto and made a
part thereof; and
WHEREAS, the PROJECT originally approved was under construction with permit number
B085007344;and
WHEREAS, during the Phase I construction process of the PROJECT, a burial ground related
to the old Lemon City Cemetery was discovered in April of 2009 requiring a revised footprint for the
PROJECT; and
WHEREAS, development of the Project requires the issuance of a Major Modification to a
Major Use Special Permit pursuant to Articles 13, 17 and 22 of Zoning Ordinance No. 11000, the
Zoning Ordinance of the City of Miami, Florida, as amended; and
WHEREAS, the Miami Zoning Board, at its meeting on November 9, 2009, Item No. Z.2,
City of _Miami Page I of 11 Printed On: 111612009
City of Miami
_ P� r
*.._>.
° ° -
{fir
Legislation
f A I
PAB Resolution
File Number: 06-00415mm
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD
RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI
CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A
SUBSTANTIAL MODIFICATION TO THE PREVIOUSLY APPROVED VILLAGE
CARVER MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13, 17 AND
22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE VILLAGE
CARVER PROJECT, TO BE LOCATED AT APPROXIMATELY 401 NORTHWEST
71 STREET, MIAMI, FLORIDA, THE PROPOSED SUBSTANTIAL AMENDMENT
WILL MODIFY THE APPROVED MUSP RESOLUTION R-08-0458 AS FOLLOWS:
1) TO INCREASE THE TOTAL NUMBER OF UNITS OF THE UNIFIED
MULTIFAMILY RESIDENTIAL DEVELOPMENT FROM 309 TO 310 UNITS, 2) TO
INCREASE THE TOTAL NUMBER OF PROVIDED OFF-STREET PARKING
SPACES FROM 391 TO 443 SPACES (386 WITHIN A PARKING GARAGE
STRUCTURE AND 57 SPACES ON A SURFACE PARKING LOT, AND 3) TO
RELOCATE THE FOOTPRINT OF ALL PHASES (I, II AND III) MORE THAN 10
FEET IN A HORIZONTAL DIRECTION DUE TO HISTORIC PRESERVATION SITE
REQUIREMENTS, PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR");
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 October 5, 2009 Lucia Dougherty, Esq. on behalf of 401 NW LLC, Village
Carver Phase I, LLC, Village Carver Phase II, LLC, and Village Carver Phase III, LLC as
applicant/developer and YMCA of Greater Miami, Inc., as owner (referred to as "APPLICANT"),
submitted a complete application for a Substantial Amendment to Major Use Special Permit for the
Village Carver approved MUSP under Resolution R-08-0458 (referred to as "PROJECT") pursuant to
Articles 13, 17 and 22 of Zoning Ordinance No. 11000, for the properties located at approximately 401
NW 71st Street, Miami, Florida, more particularly described in Exhibit "A" attached hereto and made a
part thereof; and
WHEREAS, the PROJECT originally approved was under construction with permit number
B085007344;and
WHEREAS, during the Phase I construction process of the PROJECT, a burial ground related
to the old Lemon City Cemetery was discovered in April of 2009 requiring a revised footprint for the
PROJECT; and
WHEREAS, development of the Project requires the issuance of a Major Modification to a
Major Use Special Permit pursuant to Articles 13, 17 and 22 of Zoning Ordinance No. 11000, the
Zoning Ordinance of the City of Miami, Florida, as amended; and
WHEREAS, the Miami Zoning Board, at its meeting on November 9, 2009, Item No. Z.2,
City of _Miami Page I of 11 Printed On: 111612009
File Number: 06-00415mm
following an advertised public hearing, adopted Resolution No. ZB - by a vote of _ to _ L-_) vote,
recommending of an Special Exception to allow the construction of Multifamily Residential
structures classification as set forth; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on November 18, 2009
Item No. P.1, following an advertised public hearing, adopted Resolution No. PAB *-* by a vote of --- to
--- (*-*), recommending approval with conditions the Substantial Modification to a 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 Articles 13, 17, and 22 of Zoning
Ordinance No. 11000, for the project to be developed by the Applicant, located at approximately 401
NW 71 Street, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of three multifamily building
structures with a total of 310 units, approximately 259,559 square feet of floor area and 443 off street
parking spaces. The tallest of the three structures will have a maximum height of 113 feet 8 inches
N.G.V.D at top of roof slab.
Section 4. The Substantial Modification to a 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-2 (Liberal Commercial) District 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 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;
Applicability Compliance
Yes Yes
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File Number: 06-00415mm
(2) Sitting should minimize the impact
of automobile parking and driveways
on the pedestrian environment and
adjacent properties;
(3) Buildings on corner lots should
be oriented to the corner and public
street fronts.
II) Architecture and Landscape Architecture:
(1) A project shall be designed to
comply with all applicable landscape
ordinances;
(2) Respond to the neighborhood
context;
(3) Create a transition in bulk and
scale;
(4) Use architectural styles and details
(such as roof lines and fenestration),
colors and materials derivative from
surrounding area;
(5) Articulate the building facade
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
III) Pedestrian Oriented Development:
(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.
IV) Streetscape and Open Space:
(1) Provide usable open space that
allows for convenient and visible
pedestrian access from the public
sidewalk;
Yes
N/A
Applicability
Yes
Yes
Yes
Yes
Yes
Yes
Compliance
Yes*
Yes
Yes
Yes
Yes
Applicability Compliance
Yes Yes
Yes Yes*
Yes Yes
Applicability Compliance
Yes Yes*
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File Number: 06-00415mm
(2) Landscaping, including plant
Material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
V) Vehicular Access and Parking:
(1) Design for pedestrian and
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.
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.
Yes
Applicability
Yes
Yes
Yes
N/A
Applicability
Yes
Yes
Yes
Yes*
Compliance
Yes
Yes
Yes
Compliance
Yes
Yes
Yes
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File Number: 06-00415mm
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
the nonconforming structure.
Applicability
N/A
*Compliance is subject to conditions.
**Not applicable at this time, subject to review and approval.
N/A
N/A
N/A
Applicability
N/A
Applicability
N/A
N/A
Compliance
Compliance
Compliance
d. Pursuant to Section 1305.3. of the Zoning Ordinance, the use and occupancy of the
proposed project have been found by the City Commission to adhere to other specific
consideration (s) set forth in the zoning ordinance, the City Code, and other applicable
regulation(s).
e. Pursuant to 1305.3.1. of the Zoning Ordinance, the adequacy of the manner in which
the proposed use will operate, given its specific location and proximity to less intense uses, has
been found by the City Commission to adhere to other specific consideration (s) set forth in the
zoning ordinance, the City Code and other applicable regulation(s), with particular consideration
given to protecting the residential areas from excessive noise, fumes, odors, commercial vehicle
City of Miami Page 5 of 11 Printed On: 111612009
File Number: 06-00415mm
intrusion, traffic conflicts, and the spillover effect of light.
These findings have been made by the City Commission to approve this project with conditions.
f. The PROJECT is expected to cost approximately $ 141,179,540, and to employ approximately
132 workers during construction (FTE -Full Time Employees); The project will also result in the creation
of approximately 12 permanent new jobs (FTE) for building operations and will generate approximately
$ 671,310 annually in tax revenues to the City (2009 dollars).
g. 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 Substantial Modification to a Major Use Special Permit.
Section 6. The Substantial Modification to a Major Use Special Permit, as approved and amended,
shall be binding upon the APPLICANT and any successors in interest.
Section 7. The application for Substantial Modification to a Major Use Special Permit, which was
submitted on October 5, 2009, 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 Substantial Modification to a 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 Substantial Modification to a Major Use Special
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File Number: 06-00415mm
Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the
Resolution.
Section 13. This Substantial Modification to a 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 13, 17 and 22 of Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the
City of Miami, Florida, has considered in a public hearing, the issuance of a Substantial Modification to
a Major Use Special Permit for Village Carver (hereinafter referred to as the "PROJECT") to be
located at approximately 401 Northwest 71 St 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 Substantial Modification to a Major Use Special Permit and issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a Multifamily Residential project to be located at approximately 401
Northwest 71st Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately
7.80± acres and a net lot area of approximately 6.65± 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 Multifamily Residential project comprised of five (5) separated building
structures with 310 units, approximately 259,559 square feet of floor area and 443 off street parking
spaces. The tallest of the three structures will have a maximum height of 113 feet 8 inches N.G.V.D at
top of roof slab.
The Substantial Modification to a Major Use Special Permit encompasses the following Special
Permits and Requests:
SPECIAL EXCEPTION, as per Article 4, Section 401, under Conditional Principal Uses of C-2 Liberal
Commercial (12), to allow the construction of Multifamily Residential Structures of a density equal to
R-3 or higher, R-4 in this case; subject to all applicable criteria;
SPECIAL EXCEPTION, as per Article 9, Section 917.8, to allow deferral of total required parking
City of Miami Page 7 of 11 Printed On: 111612009
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improvements for Phase I currently under construction with Building Permit No B085007344; subject to
all applicable criteria;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908.2, to allow driveways width greater than
25 feet.
CLASS II SPECIAL PERMIT, as per Article 15, Sect. 1512, to allow a waiver of City of Miami Parking
Guides & Standards requirement of one (1) additional foot of parking stall dimension abutting columns
or any other obstructions. The minimum stall width dimension of 8'-6" will be measured from the face
of the column to the center line of the stall stripping lines;
CLASS II SPECIAL PERMIT, as per ARTICLE 9. Section 927, 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, 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 916.2.1, to allow parking for temporary special
event such as groundbreaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9. Section, to allow temporary off-street offsite parking,
for construction crews working on a residential project under construction, within R-4 or more
permissive zoning district;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow 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, Section 10.5.4.4. C-2 Liberal
Commercial, Temporary Signs (3), to allow temporary development signs;
REQUEST as per Article 25, Section 2502 Definition, to be qualified as a phased project by the
Director of the Planning Department as established in Article 17, Section 1701 (11).
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 SUBSTANTIAL MODIFICATION TO A 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 13, 17, and 22 of Zoning Ordinance 11000, approval of the requested
City of Miami Page 8 of 11 Printed On: 111612009
File Number: 06-00415mm
Substantial Modification to a 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 Corwil Architects, Inc., signed and dated September 29, 2009; said design 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.
The PROJECT conforms to the requirements of the proposed C-2 (Liberal Commercial) zoning
classification, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami,
Florida, as amended. The proposed Comprehensive Plan Future Land Use Designation on the subject
property allows the proposed uses.
rnr\in1T1n1\1c
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY,
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE
FOLLOWING:
1) Meet all applicable building codes, land development regulations, ordinances and other laws
and pay all applicable fees due prior to the issuance of a building permit.
2) Allow the Miami Police Department
Department, and to make recommendations
submit a report to the Planning Department,
how the Police Department recommendations,
security and construction plans, or demonstrate
are impractical.
to conduct a security survey, at the option of the
concerning security measures and systems; further
)rior to commencement of construction, demonstrating
if any, have been incorporated into the PROJECT
to the Planning Director why such recommendations
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
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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
Substantial Modification to a 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 Substantial Modification to a Major
Use Special
Permit.
9) In so far as this Substantial Modification to a Major Use Special Permit includes the
subordinate approval of a series of Class I Special Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Planning Department with all subordinate Class
I Special Permit plans and detailed requirements for final review and approval of each one prior to the
issuance of any of the subordinate approvals required in order to carry out any of the requested
activities and/or improvements listed in this development order or captioned in the plans approved by
it.
10) If the project is to be developed in phases, the Applicant shall submit an interim plan,
including a landscape plan, which addresses design details for the land occupying future phases of
this Project in the event that the future phases are not developed, said plan shall include a proposed
timetable and shall be subject to review and approval by the Planning Director.
11) Pursuant to design related comments received by the Planning Director, the applicant shall
meet the following conditions: (a) Expand the sidewalk areas at building entrances to allow for
direct access from the public sidewalk to the entrance and to provide space for public
gathering, (b) Consider a grass -pave or other permeable pavement system for the loading
area in phase 1 to better integrate the facility with the surrounding green space, (c) The
pedestrian sidewalk shall remain at a consistent height throughout. Vehicles shall rise to the
sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being
the maximum allowed by Public Works, (d) Provide a material sample or precedent
photograph of the material proposed to screen the parking garage openings. It is essential
that all views of cars, lights, and mechanical equipment are screened from all street fronts and
neighboring properties, (e) Provide additional Elevations of the courtyard areas for the
committee's review, (f) Screen the top level of the parking garage with landscaping or an
architectural treatment, (g) Consider providing a covered path from the residential tower to the
parking garage to provide refuge for residents during inclement weather, and (h) Submit a
landscape plan that specifies the species and proposed locations of all plant materials. All this
conditions must be reviewed and approved by Planning Director prior to the issuance of any building
permit, (i) Final plans shall comply with Fire Department's request for the access of the fire apparatus
at the building currently under construction and it shall designed in accordance with submitted sheet
City of Miami Page 10 of 11 Printed On: 111612009
File Number: 06-00415mm
A-1.1 dated 10/01/09 and reviewed and approved by the Fire Department on 10/05/09.
12) 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 theorderly 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) th PROJET will efficiently use public transportation facilities; and
(3) the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment; and
(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural resources of the
City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be mitigated through conditions of
this Substantial Modification to a 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:
{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: 111612009
Exhibit "A"
TRACT A, YMCA CARVER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 167, PAGE 47, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
PROJECT DATA
"EXHIBIT B"
1. ZONINCz
PROPOSED
1.A EXISTING ZONING: C-2
C-2
7. BUILDING FOOTPRINT (SEE DIAGRAM A-1.OA)
2. SITE AREA (SEE DIAGRAM A -1.0A)
ALLOWED
PROPOSED
2.A NETLANDAREA: 289,826.30 S.F. (6.65 ACRES)
60% (GROSS LOT AREA)
2.13 GROSS LAND AREA: 339,714 S.F. (7.60 ACRES)
60% OF 339,714 S.F. =
203,828 S.F. (MAX.)
72,099 S.F.
3. DENSITY:
MAX. ALLOWED
PROPOSED
BUILDING FOOTPRINT BREAKDOWN (SEE DIAGRAM A-1.OA)
3A 150 UNITS I ACRE =
997 UNITS WAX.)
310 UNITS (MUSP &
PHASE I
9,516 S.F.
SpecialException for
................................................................................................
PHASE II
S.F.
Multifamily In C-2)
PROPOSED
.................................................................................................11,916
PHASE III .................................................................................................
7,369 S.F.
PHASEI UNDER
PARKING GARAGE FOR ALL PHASES..............................................................................................43,298
S.F.
CONSTRUCTION
4. MINIMUM SETBACKS (SEE SITE PLAN)
ALLOWED / REQUIRED
PROPOSED
(9 STORY BLDG.)
8. OPEN SPACE (SEE DIAGRAM A-1.OA)
3,A FRONT (TH CLUSTER PHASE ll)
0'-0"
7'-5"
30'-3"
REQUIRED
PROPOSED
3.8 SIDE (PROP. BUILDING PHASE II)
0'-0"
42'-6"
87'-8"
10% (NET AREA)
3.0 REAR (PROP. GARAGE PHASE III)
10'-0"
31'-1"
76'-11"
10% OF 339,714 S.F. = 33,971 S.F. (MIN)
33,971 S.F. (MIN.)
161,857 S.F.
(BLDG. PHASE III)
5. HEIGHT (SEE ELEVATIONS)
MAX. ALLOWED
PROPOSED
S. PARKING CALCULATIONS,
REQUIRED -
PROVIDED
120'-0"
102'-0"
(11 STORIES MAX.)
9.A PHASE I
REFER TO ELEVATIONS
-1 BEDROOM/ 1BATH
FOR A.G.L. & N.G.V.D.
112 UNIT X 1.0=112 SPACES
112 SPACES
SURFACE PARKING = 57 P.S.
6, FA.R.
ALLOWED
PROPOSED
9,5 PHASE II
-1 BEDROOM/ 1 BATH
1.72 (GROSS AREA)
60 UNIT 1.0= 60 SPACES
150.SPACES
GARAGE PARKING PHASE II
1.72 X 339,714 S.F. = 584,309 S.F.
584,309 S.F.
259,559 S.F.
• 2 BEDROOM/ 2BATH
40 UNIT X2.0=80 SPACES
GROUND FL= 75 P.S.
FLOOR AREA RATIO BREAKDOWN
-TOWNHOUSES (3 BEDROOMS)
2ND FL: 101 P.S.
3RD FL= 105 P.S.
6A PHASE I (UNDER CONSTRUCTION PERMIT NO. BOB5007344)
10 UNITX 2.0= 20 SPACES
ROOF= 105 P.S.
9.0 PHASE III
GROUND FLOOR.............................................................................
6,990 S.F.
-1 BEDROOM/ 1BATH 48 UNITS X 1.0 = 48 SPACES
2ND FLOOR..............................................................................
8,955 S.F. 78,386 S.F.
-2 BEDROOM/ 2BATH 40 UNITS X 2.0 = 80 SPACES
3"9'E6Avv"xwAT 1uUN1TSA3�2O'SPAU=
148 SPACES
3RD -9TH FLOOR .............................................................................62,440
C 8,920 S.F. x 7 FLOORS
S.F.
9.D VISITORS: 10%X 310 (INCLUDED IN TOTAL
31
6.8 PHASE 11
GROUND FLOOR....:........................................................................6,473
S.F.
TOTAL:
441SPACES
443 SPACES
SECOND FLOOR.............................................................................10,452
S.F.
THIRD FLOOR ........................
0 ....................................................
11,109 S.F. 87,956 S.F.
9.E ACCESSIBLE PARKING SPACES (INCLUDED IN TOTAL)
8
17
E4TH TO 8TH FLOOR ...........
. ................. ................ ....................
...52,320 S.F.
10,464 S.F. x 5 FLOORS
9.F LOADING 12'X35'X15' BERTH
4 BERTHS
6 BERTHS
TOWNHOUSES @ GARAGE. ............................................
......................
7,602 S.F.
12'x 35' each
6.0 PHASE III
CITY OF (;A,IAM( I
GROUNDFLOOR ...........................
0 ........................ ..........................3,605
S.F.
H1 ; C
C2nd-10th FLOOR
9,084 S.F. x 9 FLOORS........................................................................
81,756 S.F.
93218 S.F.
FL^,,-
C^3e
11th FLOOR .............. .............................................
..................
7,857 S.F.
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