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SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
for
THE BOULEVARD
located at approximately
234-272 NE 34th Street
CASE NO. 2005-074
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for The Boulevard project (MU-2005-025) has been re-
viewed to allow a Substantial Modification to a Major Use Special Permit per Articles 5,
6, 9, 13, 17 and 22, located at approximately 234-272 NE 34th Street, Miami, Florida, to
allow a change in the application from a 17-story mixed use structure consisting of 114
total multifamily residential units with approximately 12,900 square feet of commercial
use, and 194 total parking spaces to an approximate 169-foot, 15-story mixed use struc-
ture consisting of approximately 127 total multifamily residential units with approximately
13,233 square feet of retail, and approximately 196 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 17 for development of 127 residential units;
MUSP, as per Article 17 for parking of approximately 196 parking spaces;
MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by
twenty percent, 20,760 square feet;
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 25,950 sq. ft. at an amount of $12.40 per square foot
for a total of $321,780.00;
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 II SPECIAL PERMIT, as per Article 6, Section 620, for development of
new construction within the SD-20 and SD-20.1 Districts.
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow construction
fence and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor
eating areas and outdoor cafes;
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, for access from a
public street roadway with driveway greater than twenty five feet in width;
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CLASS II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2 a request
to reduce (2) of the (3) required loading berths from 12 x 35 to request (1) 10 x
20 and the second (1) 10 x 20;
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per Article 9,
event namely a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per Article 9,
parking;
CLASS I SPECIAL PERMIT, as per Article 9,
for construction other temporary offices such
CLASS I SPECIAL PERMIT, as per Article 9,
staging of construction during construction;
CLASS I SPECIAL PERMIT, as per Article 9,
construction trailer and watchman's quarters;
Section 906.9, to allow for a special
Section 917.1.2, to permit valet
Section 920.1, to allow a trailer (s)
as leasing and sales;
Section 904, for parking and
Section 920.1, to allow a
REQUEST for applicable MUSP conditions to be satisfied at the time of shell permit
instead of at issuance of foundation permit:
a) The requirement to record in the Public Records a Declaration of Covenants
and Restrictions providing that the ownership, operation and maintenance of all common
areas and facilities will be by the property owner or a mandatory property owner
association; and
b) The requirement to record in the Public Records a unity of title or covenant in
lieu of unity of title.
Pursuant to Articles 5, 6, 9, 13, 17 and 22 of Zoning Ordinance 11000, approval
of the requested 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.
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
new residential and commercial opportunities in the Wynwood/Edgewater District,
located at Biscayne Boulevard and NE 34th Street.
• It is found that the subject property is located in the "Amended Plat of Beverly" Plat
within the Edgewater neighborhood of the City.
• It is found that the existing zoning designation for the property pursuant to the Zoning
Ordinance of the City of Miami, Florida is C-1 "Restricted Commercial" with an SD-20
"Edgewater Overlay District" and SD-20.1 "Biscayne Boulevard Edgewater Overlay
District".
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• 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 of the project (127 units at 150 units per acre)
is at the maximum density permitted (150 units per acre) on the 0.85± net acre site.
• Pursuant to Article 9, Section 914, the proposed project is requesting a development
bonus of 25,950 square feet of additional floor area, and shall pay into the Affordable
Housing Trust Fund at amount of $12.40 per square foot = $321,780.00.
• It is found that the project is expected to cost approximately $37,200,000, and to
employ approximately 303 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 17 permanent new jobs
(FTE) and will generate approximately $517,267 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 May 31, 2005. and the following pertinent comments were made:
Landscaping/Streetscapes - The proposed landscape plan is appropriate. Per our
discussion, please submit a landscape plan that specifies the species (common and
botanical names), sizes (height x spread and/or container size) at time of planting,
quantities, and proposed locations of all plant materials, existing and proposed. The
landscape plan shall include planting details and planting specifications; The
Planning Department's review resulted in design modifications that were then
recommended for approval to the Planning Director.
• It is found that on June 7, 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 200 feet in
height must be filed using the same form.
• It is found that on June 7, 2005, the City of Miami Public Works Department provided
a review of the project and commented that the applicant shall construct sidewalk to
the property line and grade on both sides of the street for the entire block. Replace
damaged curb and gutter and mill and resurface the full right of way width (both
sides of the street) between Biscayne Boulevard and NE 2 Avenue. Adjust existing
storm water drainage system as required.
• It is found that the Large Scale Development Committee reviewed the project on
June 15, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that on June 16, 2005, the City's Traffic Consultant, URS Corp., provided
a review (W.O. #110) of the Traffic Impact Analysis submitted by the applicant and
has found the traffic analysis sufficient.
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• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on July 20, 2005, which recommended Approval
(UDRB Reso. 7-20-05-8).
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on August 17, 2005. The student population generated by this
development is estimated at 34 students. The schools serving this area of
application are Eneida M. Hartner Elementary (16 students) — 120% Florida
Inventory School Houses (FISH) Capacity with the proposed project; Jose de Diego
Middle (9 students) — 101% FISH; and Booker T. Washington Senior High (9
students) - 69% FISH. Pursuant to the interlocal agreement, only Eneida M. Hartner
Elementary School meets 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 $222,666. Based on the State's April 2005
student station cost factors, capital costs for the estimated additional students to be
generated by the proposed development is $544,037.
• 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
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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
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 com-
pliance 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 in-
cludes 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 improve-
ments 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 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) Pursuant to comments by the City of Miami Public Works Department, the
applicant shall construct sidewalk to the property line and grade on both sides of the
street for the entire block. Replace damaged curb and gutter and mill and resurface the
full right of way width (both sides of the street) between Biscayne Boulevard and NE 2
Avenue. Adjust existing storm water drainage system as required.
13) A development bonus to permit a mixed use of 25,950 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of $12.40
per square foot = $321,780.00.
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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.
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