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MAJOR USE SPECIAL PERMIT
for
TIZIANO II
located at approximately
2307 NE 4th Avenue and 413-423 NE 23rd Street
LEGISTAR FILE ID: 06-00603mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Tiziano II project (MU-2006-017), located at ap-
proximately 2307 NE 4th Avenue and 413-423 NE 23rd Street, Miami, Florida, has been
reviewed to allow a Major Use Special Permit per Articles 9, 13 and 17, to construct an
approximate 315-foot, 29-story high residential structure to be comprised of approxi-
mately 54 total multifamily residential units with recreational amenities; and approxi-
mately 70 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, Section 1701. Definition (8) and Article 9, Section 914,
Sub -Section 914.1 Dwelling unit, square footage, and off-street parking bonuses for
contribution to Affordable Housing Trust Fund; exceptions, to allow an increase up to
twenty (25) percent of additional floor area as a development bonus of approxi-
mately 12,033 square feet, the user shall make a non-refundable bonus developer
contribution of an amount of $149,209.20 to the Affordable Housing Trust Fund ad-
ministered by the City of Miami;
This Major Use Special Permit encompasses the following Special Permits and Re-
quests:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 9, Section 922, and Sub -Section
922.4.(c), Special Permits required for proposed off-street loading facilities or for
substantial modification of existing facilities, to allow maneuvering of trucks on public
rights -of -way with referral to Public Works Director;
CLASS II SPECIAL PERMIT, as per Article 15, Sect.1512, Section 1512, Class II
Special Permit required for waiver of design standard and guidelines to allow a
waiver of City of Miami Parking Guides & Standards requirement of one (1) addi-
tional foot in stall dimension where the side of any stall abuts a wall, fence, building,
or other physical obstruction, to allow the minimum stall width dimension of 8'-6"
from face of any obstruction;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512. Class II Special Permit
required for waiver of design standard and guidelines, to allow a waiver of City of
Miami Off-street Parking Guides & Standards, only for reduction of required backup
distance in driveway isles from 23 feet to 21 feet;
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CLASS II SPECIAL PERMIT, as per Article 9, Section 917, Sub -Section 917.14,
Sub -Section 917.14.1 Parking Lifts, Robotic and Mechanical parking systems, En-
actment No. 12758, to allow a mechanical, robotic, automated or parking lift system;
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, to allow driveway ac-
cess width from a public street roadway greater than twenty five (25') feet in this
case 35'-8";
CLASS II SPECIAL PERMIT, as per Article 9, Section 923, Sub -Section 923.2, Sub -
Section 923.2.1. Reduction in stall dimensions by Class II Special Permit; criteria
and limitations on reductions, to allow reduction of One (1) loading berth dimensions
as follows;
Required Two (2) 12 feet wide x 35 feet long x 15 feet high
Provided One (1) 12 feet wide x 35 feet long x 15 feet high
Two (2) 10 feet wide x 20 feet long x 15 feet high
CLASS II SPECIAL PERMIT, as per Article 9, Section 927. Temporary structures,
occupancies, and uses during construction, criteria for special permits, to allow tem-
porary 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 PERMITS
CLASS I SPECIAL PERMIT, as per Article 9, Section 906, Sub -Section 906.9. Tem-
porary special events; special permits; criteria, 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, Sub -Section 916.2.1.
Temporary special event parking, to allow parking for temporary special event such
as ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918, Sub -Section 918.2. Tem-
porary off-street offsite parking for construction crews, criteria, to allow temporary
off-street offsite parking for construction crews working on a residential project under
construction;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920, Sub -Section 920.1.2.
Limitations on occupancy of mobile homes, to allow parking of mobile homes, trail-
ers or manufactured homes, when authorized for security or other purposes in con-
nection with land development such as 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 10.5, Sub -Section 10.5.3.4,
R-4 Multifamily High -Density Residential, Temporary Signs (3), to allow temporary
development signs;
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 read-
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ing 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 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 and commercial opportunities in the Wynwood/Edgewater NET
District, located at the northeast corner of NE 4th Avenue and NE 23rd Street.
• It is found that the subject property is located in the "Shorelawn" and "Edgewater"
plats within the Edgewater neighborhood of the City.
• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the property is R-4 (Multifamily High -Density
Residential) with SD-20 (Edgewater Overlay).
• 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 "High
Density Multifamily Residential"
• It is found that the proposed project is not located along a Primary Pedestrian
Pathway.
• It is found that the proposed project is not located within an Archeological
Conservation area.
• It is found that the proposed residential density of the project (54 units at 150 units
per acre) is at the maximum 54 units (150 units per acre) on the 0.36± net acre site.
• It is found that the total allowable combined floor area without bonuses for the 0.64±
gross acre site at a Floor Area Ratio (FAR) of 1.72 is 48,131 square feet. The
project as proposed is requesting a bonus of 25% Affordable Housing Trust Fund
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(12,033 sq. ft.) for a total proposed FAR of 59,451 square feet from an allowable
60,164 square feet.
• It is found that pursuant to Article 9, Section 914, Sub -Section 914.1, the proposed
project is requesting a development bonus of 12,033 square feet of additional floor
area, and shall make a non-refundable bonus developer contribution to the
Affordable Housing Trust Fund at amount of $12.40 per square foot for a total of
$149,209.20.
• It is found that the maximum height of the proposed structure is approximately 315
feet. Pursuant to Article 6, Section 620.2.4., irrespective of height limits in the
underlying districts, there are no height limits in the SD-20 and SD-20.1 overlay
districts.
• It is found that the proposed total number of parking spaces (approximately 70
including 5 Handicapped) for the project is above the required number of 54 parking
spaces.
• It is found that the project is expected to cost approximately $17,900,000, and to
employ approximately 132 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 37 permanent new jobs
(FTE) for building operations and will generate approximately $151,012 annually in
tax revenues to the City (2006 dollars).
• It is found that on January 3, 2006, the City of Miami Public Works Department
provided a review of the project and commented that (1) Verify with the Public
Works Department if platting of the property will be required in order to legalize the
division of Lot 1 of Shorelawn Subdivision (9-23); (2) "Drop-offs" are not permitted in
the public right of way. City of Miami driveway entrances, in compliance with A.D.A.
standards, shall be required. Continuous sidewalk is required across driveway
entrances; and that the following street improvements shall be required: (1) NE 23
Street — Construct new sidewalk at the corner adjacent to the project site in order to
comply with the 25 foot corner radius dedication requirement. Construct new curb
and gutter on the north side of the street adjacent to the project site. Replace all
damaged sidewalk, curb and gutter across the street and mill and resurface the
entire width, curb to curb, adjacent to the project site; (2) NE 4 Avenue - Construct
new sidewalk, curb and gutter to the proper line and grade on the east side of the
avenue adjacent to the project site. Replace all damaged sidewalk, curb and gutter
across the avenue and mill and resurface the entire width, curb to curb, between NE
23 Street and NE 23 Terrace; (3) NE 23 Terrace — Mill and resurface the entire
width, between NE 4 Avenue and NE 5 Avenue. Grade pavement towards NE 5
Avenue.
• It is found that on January 4, 2006, 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 at that location. In addition, the
analysis indicates that the structure may impact the Terminal Instrument Procedures
(TERPS) for Departure and Approach on some of the runways at Miami International
Airport (MIA). Any proposed construction exceeding 200 feet 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,
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construction cranes for this project exceeding 200 feet in height must be filed using
the same form.
• It is found that Miami -Dade Public Schools provided a preliminary review of the
proposed project on January 6, 2006. The student population generated by this
development is estimated at 15 students. The schools serving this area of
application are Phillis Wheatley Elementary (7 students) — 49% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Jose De Diego Middle (4
students) — 98% FISH; and Booker T. Washington Senior High (4 students) - 68%
FISH. Pursuant to the interlocal agreement, none of the schools meet the review
threshold of 115%.
• It is found that the Large Scale Development Committee reviewed the project on
January 18, 2006 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 February 15, 2006, which recommended
Approval (UDRB Reso. 2-15-06-8) with conditions.
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on December 6, 2005, and the following revised pertinent comments
were made after the February 15, 2006 UDRB Meeting: Parking Garage/ Loading
- Incorporate the required loading spaces so that they are accessed from within the
garage and loading vehicles do not have to reverse to or from the public right of
way. Explore creating a one-way service drive thru drop off and loading area under
the building connecting the two streets (NE 23`d Terrace and NE 23rd Street). This
would eliminate the front drop off area, allow shade trees along the pedestrian
space, and create an unobstructed sidewalk; Pedestrian Realm - Articulate the
ground level of the building at a more human scale, differentiating it from the larger
framework of the building. This will create a more comfortable pedestrian
experience, and will bring attention to the retail spaces. For example, consider an
eyebrow detail/ canopy or adding a band/ cornice line of differing color, material,
changing the pattern of glass on the ground level, highlighting the horizontal break
between the ground level and the upper levels, and define the entrances to the retail
spaces; Landscaping — (a) As previously stated, 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; (b) As previously stated, provide a continuous canopy of
shade trees to provide shade for pedestrians. Add a layer of crepe myrtle or other
small tree within the Montgomery Palms along NE 23rd Terrace; Architecture — (a)
Architecturally treat the ground level of the south facade with continuous glass within
the architectural framework eliminating the blank stucco wall; (b) Bring elements of
the tower down to the street to break up the linear wall of glass along the north and
south garage elevations. (The ground floor level should be differentiated as stated in
an earlier comment; (c) The department is supportive of the current proposed
garage facades, however 2nd floor and above garage facades may mimic a habitable
office liner if the applicant chooses and subject to design review of the changes. If
this option is applied, the top layer of glass on each floor may be sandblasted and
allow for ambient lighting at night If this idea is incorporated, the top layer of glass
should be proportionally larger than the bottom piece. (Ex: 2/3 over 1/3). The
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Planning Department's review resulted in design modifications that were then
recommended for approval to the Planning Director.
• It is found that on March 2, 2006, the City's Traffic Consultant, URS Corp., provided
a review (W.O. #147) of the Traffic Impact Analysis submitted by the applicant and
has found the traffic analysis sufficient.
• 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.
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
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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 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 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) Incorporate the required loading
spaces so that they are accessed from within the garage and loading vehicles do not
have to reverse to or from the public right of way; (b) Articulate the ground level of the
building at a more human scale, differentiating it from the larger framework of the build-
ing; (c) Architecturally treat the ground level of the south fagade with continuous glass
within the architectural framework eliminating the blank stucco wall; (d) Bring elements
of the tower down to the street to break up the linear wall of glass along the north and
south garage elevations.
12) Pursuant to comments by the City of Miami Public Works Department, the
following conditions shall be required of the applicant: (a) Verify with the Public Works
Department if platting of the property will be required in order to legalize the division of
Lot 1 of Shorelawn Subdivision (9-23); (b) "Drop-offs" are not permitted in the public
right of way. City of Miami driveway entrances, in compliance with A.D.A. standards,
shall be required. Continuous sidewalk is required across driveway entrances; and that
the following street improvements shall be required: (c) NE 23 Street — Construct new
sidewalk at the corner adjacent to the project site in order to comply with the 25 foot
corner radius dedication requirement. Construct new curb and gutter on the north side
of the street adjacent to the project site. Replace all damaged sidewalk, curb and gutter
across the street and mill and resurface the entire width, curb to curb, adjacent to the
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project site; (d) NE 4 Avenue - Construct new sidewalk, curb and gutter to the proper
line and grade on the east side of the avenue adjacent to the project site. Replace all
damaged sidewalk, curb and gutter across the avenue and mill and resurface the entire
width, curb to curb, between NE 23 Street and NE 23 Terrace; (e) NE 23 Terrace — Mill
and resurface the entire width, between NE 4 Avenue and NE 5 Avenue, and grade
pavement towards NE 5 Avenue.
13) Prior to the issuance of a building permit, the applicant shall submit a letter of
approval of the proposed height from the Miami -Dade County Aviation Department. If no
such approvals are granted, the height of the proposed project shall be reduced to those
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated January 4, 2006.
14) A development bonus to permit a mixed use of 12,033 square feet of floor
area shall require a non-refundable payment to the Affordable Housing Trust Fund of an
amount of $12.40 per square foot for a total of $149,209.20.
15) 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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