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MAJOR USE SPECIAL PERMIT
for
EHIJEN PLACE
located at approximately
54-62 NW 27 Avenue
CASE NO. 2005-067
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Ehden`Place project (MU-2005-023) has been re-
viewed to allow a Major Use Special Permit per Articles 9, 13 and 17, located at ap-
proximately 54-62 NW 27 Avenue, Miami, Florida, to construct an approximate 161-foot,
14-story high mixed use structure to be comprised of approximately 57 total multifamily
residential units with recreational amenities, approximately 365 square feet of office
space; and approximately 119 total parking spaces; providing for certain floor area ratio
("FAR") bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MUSP, as per Article 9, Section 914 to permit additional floor area ratio as a
bonus through developer contribution to the Affordable Housing Trust Fund.
Requesting and additional 10,682 sq. ft. at an amount of $12.40 per square foot
for a total of $132,456.80;
Per City Code, Chapter 36, Construction Equipment Request for waiver of noise
ordinance while under construction for continuous pours.
The Major Use encompasses the following Special Permits:
CLASS II SPECIAL PERMITS
CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401, for increase in the
maximum building footprint to 0.60 times the gross lot area upon provision of
habitable liners to conceal parking areas along street frontages;
CLASS 11 SPECIAL PERMIT, as per Article 9, Section 908.2, to permit driveways
of width greater than 25 feet;
CLASS II SPECIAL PERMIT, as per Article 9, Section 923.2.1, to reduce
dimensions of offstreet loading stalls or berths; from (2) 12' x 35' to (2) 10' x 20';
CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary
off -site parking during construction;
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a
special event namely a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and
staging of construction during construction;
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CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a
construction trailer and watchman's quarters and other temporary offices such as
leasing and sales;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
REQUEST for applicable MUSP conditions to be satisfied at the time of Temporary
Certificate of Occupancy or Final Certificate of Occupancy instead of at issuance of
foundation permit:
a) The requirement to record in the Public Records a Declaration of Covenants
and Restrictions providing that the ownership, operation and maintenance of all common
areas and facilities will be by the property owner or a mandatory property owner
association; and
b) The requirement to record in the Public Records a unity of title or covenant in
lieu of unity of title.
Pursuant to Articles 9, 13 and 17 of Zoning Ordinance 11000, approval of the
requested Major Use Special Permit shall be considered sufficient for the subordinate
permits requested and referenced above as well as any other special approvals required
by the City which may be required to carry out the requested plans.
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 the proposed development project will benefit the area by creating
additional residential opportunities in the West Flagler NET District, located on NW
27 Avenue north of Flagler Street.
• It is found that the subject property is located in the "Hibiscus Terrace" Plat within
the West Little Havana neighborhood of the City.
• It is found that the zoning designation of the property is C-1 (Restricted
Commercial).
• It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Miami, Florida, the existing Future Land Use category for the property is "Restricted
Commercial".
• It is found that the residential density ofrttheproject (57 units at 116 units per acre) is
below the maximum 74 units (150 units per acre) on the 0.49± net acre site.
• Pursuant to Article 9, Section 914, the proposed project is requesting a development
bonus of 10,682 square feet of additional floor area, and shall pay into the
Affordable Housing Trust Fund at amount of $12.40 per square foot = $132,456.80.
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• It is found that the project is expected to cost approximately $19,205,005, and to
employ approximately 41 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 3 permanent new jobs
(FTE) and will generate approximately $97,529 annually in tax revenues to the City
(2005 dollars).
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on March 22, 2005. The Planning Department's review resulted in
design modifications that were then recommended for approval to the Planning
Director.
• It is found that on April 15, 2005, the Miami -Dade Aviation Department provided a
Height Analysis review of the proposed project and found that it conforms to the
Miami -Dade County Height Zoning Ordinances. The proposed building height
requires the applicant to file with the Federal Aviation Administration (FAA) Form
7460-1, "Notice of Proposed Construction Alteration for Determination of Known
Hazards". In addition, construction cranes for this project exceeding 129 feet in
height must be filed using the same form.
• It is found that on April 18, 2005, the City's Traffic Consultant, URS Corp., provided
a review (W.0, #106) of the Traffic Impact Analysis submitted by the applicant and
has found the traffic analysis sufficient.
• It is found that the Large Scale Development Committee reviewed the project on
April 19, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on May 18, 2005, which recommended Approval
(UDRB Reso. 5-18-05-1) with the following conditions: (a) Add more landscape to
the rear of the property. The landscaped areas that are designed within the garage
can be replaced with parking spaces to compensate for the reduction resulting from
the increased landscape to the rear; (b) Replace the chain link screening material on
the garage facade at the rear with a more appropriate and attractive material. If the
plantings attached to the chain link material is not maintained properly, the chain link
material will be exposed; (c) The floor -to -floor height is not sufficient; Add a
minimum of 6 inches to each floor height; and (d) Maintain the specified railing
material introduced at the meeting (glass and aluminum).
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on July 5, 2005. The student population generated by this
development is estimated at 15 students. The schools serving this area of
application are Kensington Park Elementary (7 students) — 99% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Citrus Grove Middle (4
students) — 172% FISH; and Miami Senior High (4 students) - 153% FISH. Pursuant
to the interlocal agreement, Citrus Grove Middle and Miami Senior High School meet
the review threshold of 115%. At an average of $6,549 per K-12 student, the total
annual operating cost for the additional students residing in this development, if
approved, would total $98,235. Based on the State's July 2005 student station cost
factors, capital costs for the estimated additional students to be generated by the
proposed development is $239,646.
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• It is found that with respect to all additional criteria as specified in Section 1305 of
Zoning Ordinance 11000, the proposal has been reviewed and found to be
adequate.
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
including the required Affordable Housing Trust fund contribution of $12.40 per square
foot for any applicable FAR increase sought under those provisions.
2) Allow the Miami Police Department to conduct a security survey, at the option
of the Department, and to make recommendations concerning security measures and
systems; further submit a report to the Planning Department, prior to commencement of
construction, demonstrating how the Police Department recommendations, if any, have
been incorporated into the PROJECT security and construction plans, or demonstrate to
the Planning Director why such recommendations are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue
indicating APPLICANT'S coordination with members of the Fire Plan Review Section at
the Department of Fire -Rescue in the review of the scope of the PROJECT, owner re-
sponsibility, 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 Con-
tractor/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 man-
datory 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 in-
cludes the following: a temporary construction parking plan, with an enforcement policy;
a construction noise management plan with an enforcement policy; and a maintenance
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plan for the temporary construction site; said plan shall be subject to the review and ap-
proval 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 devel-
oped or provided, the applicant shall provide the Planning Department with all subordi-
nate Class I Special Permit plans and detailed requirements for final review and ap-
proval 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 de-
velopment order or captioned in the plans approved by it.
10) If the project is to be developed4n phases, the Applicant shall submit an in-
terim plan, including a landscape plan, which addresses design details for the land oc-
cupying future phases of this Project in the event that the future phases are not devel-
oped, said plan shall include a proposed timetable and shall be subject to review and
approval by the Planning Director.
11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following condition: A final landscape plan shall be submitted
for review and approval of the Planning Director prior to the issuance of a building per-
mit.
12) A development bonus to permit a mixed use of 10,682 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $132,456.80.
13) 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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