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MAJOR USE SPECIAL PERMIT
for
THE MILE
located at approximately
3622 SW 22nd Street; 3605, 3615 and 3625 SW 22 Terrace
CASE NO, 2005-068
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for The Mile project (MU-2005-024) has been reviewed to
allow a Major Use Special Permit per Articles 9, 13 and 17, located at approximately
3622 SW 22 'd Street; 3605, 3615 and 3625 SW 22nd Terrace, Miami, Florida, to con-
struct an approximate 164-foot, 14-story high mixed use structure to be comprised of
approximately 119 total multifamily residential units with recreational amenities; ap-
proximately 3,079 square feet of retail space; and approximately 166 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 119 residential units;
MUSP, as per Article 9, Section 914, a development bonus of 24,750 square feet
of additional floor area, and to pay into the Affordable Housing Trust Fund an
amount of $12.40 per square foot = $306,900.00;
Pending SD-19 (2.0 F.A.R.) overlay approval.
The Major Use encompasses the following Special Permits:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 6, Section 623.3.1, for construction
fence within the SD-23 overlay district;
CLASS II SPECIAL PERMIT, as per Article 6, Section 623.3.1, for development
of new construction within the SD-23 overlay district;
CLASS II SPECIAL PERMIT, as per Article 6, Section 623.8, for signage
approval;
CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary
off -site parking during construction;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, waiver of Guides
and Standards and Guidelines to reduce the backup behind the parking spaces;
CLASS 1 SPECIAL PERMITS
CLASS 1 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;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
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CLASS I 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 9, Section 920.1, to allow a
construction trailer and watchman's quarters and other temporary offices such as
leasing and sales;
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 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 Coral Way NET District, located on Coral
Way one block east of Douglas Road.
• It is found that the subject property is located in the "Miami Suburban Acres" Plat
within the Douglas Park neighborhood of the City.
• It is found that the zoning designation of the property is C-1 (Restricted Commercial)
and R-2 (Two -Family Residential) (1 foot), with SD-23 (Coral Way Special Overlay
District) and the proposed designations for the property are C-1 (Restricted
Commercial) with an SD-23 (Coral Way Special Overlay District) and an SD-19
(Designated 2.0 F.A.R. Overlay District).
• It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Miami, Florida, the existing Future Land Use category for the property is "Restricted
Commercial".
• It is found that the residential density of the project (119 units at 135 units per acre)
is below the maximum 132 units (150 units per acre) on the 0.88± net acre site.
• Pursuant to Article 9, Section 914, the proposed project is requesting a development
bonus of 24,750 square feet of additional floor area, and shall pay into the
Affordable Housing Trust Fund at amount of $12.40 per square foot = $306,900.00.
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• It is found that the project is expected to cost approximately $88,026,661, and to
employ approximately 198 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 10 permanent new jobs
(FTE) and will generate approximately $449,411 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 February 8, 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 March 24, 2005, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #105) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient.
• It is found that on April 4, 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 the Large Scale Development Committee reviewed the project on
April 5, 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 April 20, 2005, which recommended Approval
(UDRB Reso. 4-20-05-6) with the following condition: Work with staff to make sure
all building items are identified and labeled on plans.
• It is found that the proposed project was reviewed for Change of Zoning from C-1
"Restricted Commercial District" with an SD-23 "Coral Way Special Overlay District"
to C-1 "Restricted Commercial District" with an SD-23 "Coral Way Special Overlay
District" and an SD-19 "Designated F.A.R. Overlay District, F.A.R. of 2.9" by the
Miami Zoning Board at its meeting of July 25, 2005, Item No. 3, which
RECOMMENDED APPROVAL (Reso. 2005-1056) by a vote of six to one (6-1),
requiring City Commission approval.
• 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 26 students. The schools serving this area of
application are Frances Tucker Elementary (12 students) — 72% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Ponce de Leon Middle (7
students) — 101% FISH; and Coral Gables Senior High (7 students) - 133% FISH.
Pursuant to the interlocal agreement, only Coral Gables Senior High 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 $170,274. Based on the State's April 2005 student station cost
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factors, capital costs for the estimated additional students to be generated by the
proposed development is $417,091.
• It is found that the proposed project was reviewed for Change of Zoning from C-1
"Restricted Commercial District" with an SD-23 "Coral Way Special Overlay District"
to a project of reduced FAR and scope with C-1 "Restricted Commercial District"
with an SD-23 "Coral Way Special Overlay District" and an SD-19 "Designated
F.A.R. Overlay District, F.A.R. of 2.0" by the Miami City Commission at its meeting of
December 1, 2005, Item PZ.15, which PASSED on First Reading by a vote of five to
zero (5-0).
• It is found that with respect to all additional criteria as specified in Section 1305.2 of
Zoning Ordinance 11000, the proposal has been found to adhere to the following
Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and
Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and
Open Space; (5) Vehicular Access and Parking; (6) Screening; (7) Signage and
lighting; (8) Preservation of Natural Features; and (9) Modification of
Nonconformities.
Based on these findings, the Planning Department is recommending approval of
the requested Development Project with the following conditions:
1) Meet all applicable building codes, land development regulations, ordinances
and other laws and pay all applicable fees due prior to the issuance of a building permit
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.
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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 Attorneys 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 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) That the requested application for the Change of Zoning be approved by the
City Commission or if the application is denied, that the proposed project be reduced in
F.A.R. to a level that which will be permitted without the Change of Zoning.
13) A development bonus to permit a mixed use of 24,750 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $306,900.00.
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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