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MAJOR USE SPECIAL PERMIT
for
Altos Plaza
located at approximately
121, 131, 205, 211, 225, 241 and 251 SW 22nd Avenue, and 2180 SW lst Street
CASE NO. 2005-085
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Altos Plaza project (MU-2005-028) has been reviewed
to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, located at approxi-
mately 121, 131, 205, 211, 225, 241 and 251 SW 22nd Avenue, and 2180 SW 1st
Street, Miami, Florida, to construct an approximate 208-foot, 18-story high mixed use
structure to be comprised of approximately 320 total multifamily residential units with
recreational amenities; approximately 7,000 square feet of office space; approximately
36,470 square feet of retail space; and approximately 636 total parking spaces; provid-
ing 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 320 residential units;
MUSP, as per Article 17 for parking of approximately 636 parking spaces;
MUSP, as per Article 5, Section 502, PUD Districts; to increase the floor area by
twenty percent, for a total of 50,508.99 square feet of bonus;
MUSP, as per Article 9, Section 914, a development bonus of 63,136.23 square
feet of additional floor area, and to pay into the Affordable Housing Trust Fund
an amount of $12.40 per square foot = $782,889.25;
Per City Code, Chapter 36, construction equipment request for waiver of noise
ordinances 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 4, Section 401, to allow a
construction fence and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor
eating areas and outdoor cafes;
CLASS 11 SPECIAL PERMIT, as per Article 9, Section 906.6 for pool/outdoor
recreation area;
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;
CLASS 11 SPECIAL PERMIT, as per Article 9, Section 927 to allow temporary
offsite parking during construction;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Waiver of Guides
and Standards, for standard wall or column requirements;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Waiver of Guides
and Standards, for reduction of back from 23 feet to 22 feet;
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CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401, to allow for an
increase in footprint from 40% to 60% of gross lot area;
CLASS II SPECIAL PERMIT, as per Article 6, Section 609.3.2, for development
of new construction within the Biscayne North Overlay District;
CLASS 11 SPECIAL PERMIT, as per Article 10, Section 10.5.4.3.32, for signage
approval;
CLASS 11 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 l SPECIAL PERMIT, as per 917.1.2, to permit valet parking;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer(s)
for construction and other temporary offices such as leasing and sales;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and
staging of construction during construction;
CLASS l SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a
construction trailer and watchman's quarters;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.5.5.3, to allow
development/construction/rental signage.
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, 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 Little Havana NET District, located at the
southeast corner of SW 1st Street and SW 22nd Avenue.
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• It is found that the subject property is located in the "Idlewild Park" Plat within the
Citrus Grove 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 of the project (320 units at 148 units per acre)
is below the maximum 432 units (200 units per acre, as per the C-1 Little Havana
Target Area) on the 2.16± net acre site.
• It is found that the proposed retail store will be a Publix "Sabor" (flavor) supermarket
specializing in Latin American goods. It will be the first such Sabor store in the City
of Miami and the third location in the State of Florida.
• Pursuant to Article 17 and Section 914.1, the proposed project is requesting a
development bonus of 63,136.23 square feet of additional floor area, and shall pay
into the Affordable Housing Trust Fund at amount of $12.40 per square foot =
$782,889.25.
• It is found that the project is expected to cost approximately $195,264,538, and to
employ approximately 225 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 20 permanent new jobs
(FTE) and will generate approximately $994,944 annually in tax revenues to the City
(2005 dollars).
• It is found that Miami -Dade Public Schools provided a preliminary review of the
proposed project on August 23, 2005. The student population generated by this
development is estimated at 86 students. The schools serving this area of
application are Shenandoah Elementary (40 students) — 119% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Shenandoah Middle (21
students) — 105% FISH; and Miami Senior High (25 students) — 191% FISH.
Pursuant to the interlocal agreement, Shenandoah Middle and Miami Senior High
meet the review threshold of 115%. As of January 2005, the Planned Relief Schools
in the area are Shenandoah Elementary Addition (440 student stations) with an
Occupancy Date of June 2006; State School "I-1" for Middle (826 student stations)
with an Occupancy Date of 2007-08; and Miami Senior High Addition/Renovation
(875 student stations) with an Occupancy Date of 2008-09. 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 $563,214. 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 $1,386,079.
• It is found that on August 30, 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
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Hazards". In addition, construction cranes for this project exceeding 155 feet in
height must be filed using the same form.
• It is found that the Large Scale Development Committee reviewed the project on
August 31, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that on September 23, 2005, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #118) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on September 21, 2005, which recommended
Approval (UDRB Reso. 9-21-05-9) with conditions.
• It is found that the Internal Design Review Committee reviewed a revised version of
the proposed project on October 6, 2005 and the following pertinent comments were
made: Context/Urban Design — Replace the large decorative metal panels with
murals)/mosaic(s) reflecting the Latin American community and spirit of the first
Latin American Publix specialty store in the City of Miami; Create faux -shop fronts
with display windows along the ground level on SW 22nd Avenue and SW 21St Court
to offer pedestrians views of products in the store; Consider adding an additional
complimentary colored/textured stucco to further accentuate the articulation of the
architecture of the project. The Planning Department's review resulted in design
modifications that were then recommended for approval to the Planning Director.
• 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.
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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
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 1 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 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 conditions: (a) Replace the large decorative metal
panels with mural(s)/mosaic(s) reflecting the Latin American community and spirit of the
first Latin American Publix Sabor specialty store in the City of Miami; (b) Create faux -
shop fronts with display windows along the ground level on SW 22nd Avenue and SW
21 st Court to offer pedestrians views of products in the store; (c) Add an additional com-
plimentary colored/textured stucco to further accentuate the articulation of the architec-
ture of the project.
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12) A development bonus to permit a mixed use of 63,136.23 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $782,889.25.
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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