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MAJOR USE SPECIAL PERMIT
for
Urbana Tower
located at approximately
1741, 1753 and 1773 NE 2nd Avenue, 221 and 231 NE 17th Terrace; and 1768 NE 2nd
Court
LEGISTAR FILE ID: 06-00377mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Urbana Tower project (MU-2006-011), located at
approximately 1741, 1753 and 1773 NE 2nd Avenue, 221 and 231 NE 17th Terrace;
and 1768 NE 2nd Court, Miami, Florida, has been reviewed to allow a Major Use Special
Permit per Articles 5, 9, 13 and 17, to construct an approximate 445-foot, 37-story high
mixed use structure to be comprised of approximately 100 total multifamily residential
units with recreational amenities; approximately 120,102 square feet of office space;
approximately 9,846 square feet of retail space; and approximately 592 total parking
spaces; providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERMIT, as per Article 17, Section 1701, Definition (9) and
Article 5, Sect. 502. PUD districts; minimum area, maximum densities and maximum
floor area ratios permitted (a)(c), to allow up to 20 % increase of floor area ratio, for
an increase of approximately 34,786.86 square feet of floor area;
MAJOR USE SPECIAL PERMIT, 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; excep-
tions, to allow an increase up to twenty (25) percent of additional floor area as a de-
velopment bonus of approximately 43,483.58 square feet, the user shall make a
non-refundable bonus developer contribution of an amount of $539,196.39 to the Af-
fordable Housing Trust Fund administered by the City of Miami;
MAJOR USE SPECIAL PERMIT, as per Article 17. Section 1701, Definition (7), to
allow in a any single use or combination of uses requiring or proposing to provide in
excess of five hundred (500) off-street parking spaces;
The Major Use Special Permit encompasses the following Special Permits and the
additional requests:
CLASS II SPECIAL PERMITS
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 number of loading berth: Three (4) 12 feet wide x 35 feet long x 15
feet high
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Proposed number ofloading berth: Three (3)12feet wide x35feet long x15
feet high
One /1\ 10 feet wide x 20 feet long x 15
feet high
CLASS U SPECIAL PEFlK8|T. as per Article 8, Section 927. Temporary structures,
occupancies, and Uses during conetnJctioD. criteria for special pennits, to allow tem-
porary structures, occupancies, and Uses reasonably necessary for construction
such as construction fence' covered vv8|kvvay and if encroaching public property
must beapproved byother city departments;
CLASS U SPECIAL PERMIT, as per Article 15. SeCUVD 1512. Class USpecial P8[nld
required for waiver of design standard and guidelines, to 8Uoxv a waiver of City of
Miami Off-street Parking Guides & Et8Od@md8. only for reduction of required backup
distance in driveway isles from 23feet to 22haet;
CLASS |SPECIAL PERMITS
CLASS | SPECIAL PERMIT, as per Article g. Section 908, Sub -Section S06.8.Tem-
porary special events; special permits; criteha, to allow temporary cGrnivg|, festival,
fair ursimilar type event on privatelyowO8d 0rCb3Od such as a ground
breaking ceremony;
CLASS | SPECIAL PERK8|T, as per Article 9, Section 916. Sub -Section 910.2.1.
Temporary special event parking, to 8U0vv parking for temporary special event such
as ground breaking ceremonies;
CLASS | SPECIAL PERK8|[. as per Article 8. Section 918, Sub -Section 918.2. Tem-
porary off-street offsite parking for construction C[evvS, ohtehm, to oUovv temporary
off-street offsite parking for construction orevva working on m oonnrnan:ia|-neeidantia|
project under construction;
CLASS | SPECIAL PERMIT, as per Article 8. G8CdOO 820. Sub -Section 920.1.2.
Limitations on occupancy ofmobile hOmeo, to allow parking of mobile honOes, trail-
ers or manufactured hVrnes, when authorized for security V[other purposes in con-
nection with |8Dd development such as construction trailer(s) and other temporary
construction offices such as watchman's quarters, leasing and sales centers;
CLASS | SPECIAL PERMIT, as per, Article 8. Section 820.8. Article 10. Section
10.5. Sub -Section 10.5.4.3. C-1 Restricted Commeroim|, Temporary 0gDS /3>, to m|low temporary development signs;
-
REC>UEST. for waiver ofChapter 36 Noima, Section 38-6 Construction Equipment (a)
permitting the operation of construction equipment exceeding the sound level of a read-
ing Of070weighted average dBA at any time and/or day subject tVthe City K88D@Qer
Exception pursuant tOSection 3O-6(c) and all the applicable criteria;
REQUEST for applicable K8USPconditions tobesatisfied atthe time ofShell Permit
instead of at issuance of Foundation Permit:
e>The requirement horecord inthe Public Records aDeclaration ofCovenants
and Restrictions providing that the ownership, operation and maintenance of all common
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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 and commercial opportunities in the Wynwood/Edgewater NET
District, located at the northwest corner of NE 2nd Avenue and NE 17th Terrace.
It is found that the subject property is located in the "Herald Park" plat 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 C-1 (Restricted Commercial) 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 Restricted
Commercial,
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 project has convenient access to the Metromover system at the
School Board station, located five blocks south of the subject property, with
connections to the Metrorail and Tri-Rail systems, for efficient use of existing mass
transit systems.
• It is found that the proposed project is located in FEMA Flood Zone "AE-9".
It is found that the proposed residential density of the project (100 units at 75 units
per acre) is well below the maximum 667 units (500 units per acre) on the 1.333±
net acre site.
It is found that the total allowable combined floor area without bonuses for the 1.99±
gross acre site at a Floor Area Ratio (FAR) of 2.0 is 173,934.34 square feet (1.72
FAR residential and 2.0 FAR non-residential). The project as proposed is requesting
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bonuses of 20% PUD (34,786.87 sq. ft.) and 25% Affordable Housing Trust Fund
(43,483.58 sq. ft.) for a total permitted FAR of 252,204.78 square feet of which
252,195 square feet is being proposed.
It is found that pursuant to Article 9, Section 914, the proposed project is requesting
a development bonus of 43,483.58 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 $539,196.39.
It is found that the design of the building is unique in that rather than having the
mixed uses stacked on floors above each other in the traditional sense, the structure
is divided into halves, one residential and the other half non-residential, each with it's
own lobby entrance. The residential component is on the north side and is
approximately 445 feet high with the lobby entrance on NE 17th Terrace and NE 2nd
Court. The office component is on the south side and is approximately 398 feet high
with the lobby entrance on NE 17th Terrace and NE 2nd Avenue.
It is found that located on a portion of the site of the proposed project is the historic
Art Deco style S&S Diner (pictured below), which opened on July 6, 1938 at 1757
NE 2nd Avenue, which in 1989 was entered in the National Register of Historic
Places and on June 17, 2003 was designated as a historic site by the City of Miami
(HEPB 2003-38). The plans of the proposed Urbana project entail the demolition of
the restaurant's kitchen and back storage shed.
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S & S Restaurant
1757/-1773 NE 2nd Avenue
South and West facades
2006
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0 It is found that the nnaninnurn height of the proposed structure is approximately 445
feet. Pursuant to Article 4, Section 401. there are no height limits in the C-1 zoning
district.
It in found that the proposed total number of parking spaces (approximately 592
including 13 Handicapped) for the project is above the required number of 518
parking spaces, including 14Hondicapped.
It is found that the proposed open space for the project (23.548.48 square feet) is
well above the nnininnunl required open apace (8.098.71 square feet at 1096 {3LA) for
this project.
It is found that the project is expected to cost oppruxinnatek/$1O7.395.3O8. and to
employ approximately 1S3workers during construction /FTE-FullTlnne Employees);
The project will also naeu|t in the creation of approximately 15 permanent new jobs
(FTE) for building operations and will generate approximately $815.712 annually in
tax revenues tothe City (2O0OdoUaro).
� It is found that on January 10. 2000. the Miami -Dade Aviation Department provided
o Height Analysis review of the proposed project and found that it conforms to the
Miami -Dade County Height Zoning Ordinances at that location. In oddiUon, the
analysis indicates that the Structure may impact the Terminal Instrument Procedures
(TERP8)for Departure and Approach 0nsome of the runways ot Miami International
Airport (yW|A).Any proposed construction exceeding 200feet requires the applicant
to file with the Federal Aviation Administration (FAA) Form 74OO'1. "Notice of
Proposed (�onetructionA|tenabonfor Oeterrninmdon of Known Hazards". In addition,
construction ormnmo for this project exceeding 200 feet in height must be filed using
the same form.
� It is found that Miami -Dade Public Schools provided m preliminary review of the
proposed project on January 11, 2006. The student population generated by this
development is estimated at 27 students. The schools serving this area of
application are PhiUia Wheatley Elementary (12 students) — 50Y6 Florida Inventory
School Houses (FISH) Capacity with the proposed project; Jose De Diego Middle (7
students) — 9996 FISH; and BoVkerT. Washington Senior High (8 students) —OR96
FISH. Pursuant to the |ntedooa| Agraannent, none of the schools meet the review
threshold of115%.
It is found that the Large 8om|e Development Committee reviewed the project on
January 11. 2006to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
It is found that on January 20. 2008. the City ofMiami Public Works Department
provided o review of the project and commented that Platting of the property will be
required in order to close and vacate the 10 hoot alleys within this property. Public
Works strongly recommends an early investigation into the platting requirements for
this site, In addition, the following street improvements shallbe required: NE 15 17m
Ternace— Construct new concrete aidevva|h, curb and gutter on both sides of the
street adjacent to the project site. W1iU and resurface the entire vvidth, curb to curb.
between NE 2 nu no Avenue and NE 2 Court. Coordinate improvement with the
^Bmyvievv Marketplace" p nu �e��� NE 2 Court — Replace all broken and damaged
oidevva|k, curb and gutter atthe corner radius per Miami -Dade County standards.
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Construct new okJevvo|k along the 25-hoot required corner dedication area. K8iU and
�m yJ naeu�aoethe entire vvidth. curb to curb between NE 1, Terrace and E 18m Street.
Coordinate the improvements with the "Ellipse" project; NE 2''~Avenue —Construct
new concrete sidewalk along the 25-foot required corner radius. Replace all broken
and damaged eidevva|h' curb and gutter adjacent tothe project site. Construct new
curb and gutter mtthe corner radius per Miami -Dade County standards. yWi|| and
resurface the entire xxidth, curb to curb, adjacent to the project site. Coordinate
street improvements with Miami -Dade Public Works Department and the ^Bayvi8vv
Marketplace" project.
* |tisfound that the proposed project vVasrevievvedfordea\gO@pprOph8tenessbvthe
Urban Development Review Board on February 15. 2008, which recommended
Approval (UDF|BR880.2-15-O0-5) with conditions.
w It is found that the proposed project was reviewed by the Internal Design Review
Committee on Oacember2O. 2005 and the following revised pertinent comments
were made after the February 15, 2008 UDRB Meeting: Architecture —The use of
the proposed sign@ge on the top of the building needs to be detailed. Digitally lighted
art (moving or still) is aUovvad, however advertisements would not be allowed as
proposed and vvVu}d need to follow the City of Miami sign ordinance; Garagel
Loading— /o\ The department appreciates the progress towards articulating the
garage as artistic and habitable epaoao m|0nQ the NE 2no Avenue frontage of the
parking garage. The director vvVu|d like to request that a color sample of the
proposed ^boxee" projecting from thefog@de be provided to assess the impact of
this fagmde. The rendered mustard oryellow color may not be appropriate across
from a historic cemetery and the context of the street/site; (b) The space allocated
for loading onthe ground floor seems excessive. Consider providing amore space -
efficient layout on the ground floor or reducing the loading sizes thru a Class ||
special permit. The Planning Department's review resulted in design modifications
that were then recommended for approval tOthe Planning Director.
w It is found that on February 23. 2006` the Chv'G Traffic CoDaUltaDt, URS Corp.,
provided a review (VV[). #150) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient.
w ItiSfound that the proposed project was reviewed by the Historic and Environmental
Preservation Board (HEPB) on June 8. 2008. which approved /HEPB 2006-56\ m
Certificate of Appropriateness for"�i | demolition and new construction at 8 & ��
restaurant, located at 1757 NE 2^/\venue. after finding that the work is consistent
with the historic and architectural character of the building in 0ernna of oize, scm|e,
design and materials and complies with the Secretary of the Interior's "Standards for
Rehabilitation" a subject to the fo||OVViOg conditions: /1\ The building will be
maintained as o restaurant; /2> As @ condition of the Major Use Special Permit
(K8USP).the applicant will provide 8new kitchen.
* It is found that with respect to all additional criteria as specified in Section 13052 of
Zoning Ordinance 11000. the proposal has been found to adhere tothe following
Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and
Landscape Architecture; /3\ Pedestrian Oriented Development; (4) Streets and
[)pen Space; /5\ Vehicular Access and Parking; (0) Screening; /7\ SignaQe and
lighting; /8\ Preservation of Natural Features; and (9) Modification of
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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$12.4Dper square
foot for any applicable FAR increase sought under those provisions.
2\ Allow the Miami Police Department to conduct G security aunxey, 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 necornrnendaUona, 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 m letter from the Department of Fire -Rescue
indicating APPLICANT'S coordination with members of the Fire Plan Review Section at
the Department ofFire-Rescue inthe review ufthe scope of the PROJECT, owner re-
sponoibi|ity. building development process and review prVcedurea, as well as specific
requirements for fire protection and life safety syatenna, exidnQ, vehicular access and
water supply.
4) Obtain approval frOnn, or provide g 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 mspart nfthe Application
for Development Approval, with the understanding that the APPLICANT must use its
beat efforts to follow the provisions of the City'a Minority/Women Business Affairs and
Procurement Program as a guide.
O) Record the following in the Public Records of Dade Counb/. Florida, prior to
the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration ofCovenants 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 tothe issuance of shell pemnk. provide the City with m recorded copy of
the MU8Ppermit 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 besubject tothe review and approval of the City Attorney'oOffice.
0Provire the Planning Department with @ temporary construction plan that in-
cludes the following: a temporary construction parking plan, with an enforcement policy;
oconstruction noise management plan with GDenforcement policy; and amaintenance
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 uhmU remain in full
O6-00377mu
compliance with the provisions of the submitted construction plan; failure to comply may
lead tomsuspension orrevocation ofthis Major Use8pecio|PernniL
gA In oofar aothis Major Use Special Permit includes the subordinate approval of
m series of Class | Special Permits for which specific details have not yet been devel-
oped Orprovided, the applicant shall provide the Planning Department with all subordi-
nate Class | Special Permit plans and detailed requirements for final review and ap-
proval ofeach one prior tothe issuance ofany 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,
1[A)fthe projectiohobedeveloped inphases, the Applicant shall submit anin-
terim p|an, including a landscape o|mn, which addresses design details for the land oc-
cupying future phases ofthis Project intheewantthatthefuturephomemarenctdewe|-
oped.00idp|mnahaUino|udeoproposedhnnetab|eandshaUbe subject toreview 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) The use of the proposed signGge on
the top of the building needs to be detailed. Digitally lighted art (moving or adU) is a|-
|ovved, however advertisements would not be mU0vved as proposed and would need to
follow the City of Miami sign ordinance; (b) Separate review and approval shall be re-
quired for all building siQno0e; (b)The color of the proposed ^b0xes^projecting fronnthe
facade shall bechanged from the rendered mustard oryellow color. Final color selec-
tion shall besubject toreview and approval bythe Planning Director.
12) Pursuant to comments by the City ofMiami Public Works Departnnert, the
following conditions shall be required of the applicant: (a) Platting of the property will be
|red i order to close and vacate the 10foot alleys within this property; (b) NE 15
17~Terrace — Construct new concrete sidewalk, curb and gutter onboth sides of the
street adjacent to the project site. K8iU and resurface the entire width, curb tocurb, be-
tween NE 2 nu Avenue and NE 2 uCourt. Coordinate improvement with the ''Bmyvievv
Marketplace"mrkotp|mce^ project; (o) NE 2 noCourt— Replace all broken and damaged sidevva|h, curb
and gutter at the corner radius per Miami -Dade County standards, Construct new oida-
vva|h along the 25-foot required corner dedication area. W1iU and resurface the entire
vvidth, curb to curb between NEE 17 m Terrace and NE 181h Street. Coordinate the im-
provements with the "Ellipse" project; (d) NE 2nuAvonue — Construct new concrete
sidewalk along the 25-foot required corner radius. Replace all broken and damaged
oidevva|k, curb and gutter adjacent to the project site. Construct new curb and gutter at
the corner radius per K8ianni-C>mda County standards. K8iU and resurface the entire vvidth,
curb to curb, adjacent to the project site. Coordinate street improvements with Miami -
Dade Public Works Department and the "BmyviexvMarketplace" project.
13\ Prior tothe issuance of building pemOk, 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 ofthe proposed project shaUbereducedtothooe
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated January 1O.2OO6.
14\Adevelopment bonus hzpermit amixed use of43.483.58square feet offloor
area shall require mnon-refundable payment tothe Affordable Housing Trust Fund ofmn
amount of $12.4Oper square foot for atotal Vf$53S.1S0.38.
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Page 8cf9
1S>Pursuant hoHEPBResolution 2O0O-5O.the applicant shall meet the following
conditions for the partial demolition of the 8&Srestaurant ct1757NE2'~Avenue: (a)
The restaurant building shall be maintained as a restaurant; and (b) The applicant shall
provide anew kitchen for the restaurant toreplace the demolished kitchen.
18) 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 successoro, and assiOns. jointly or
severally.
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