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MAJOR USE SPECIAL PERMIT
for
SAWDyER'SWALK
located mtapproximately
152and 21MNVV8thStreet, 249and 203NVV0thStreet and 10ONVV7thStreet
LEGUSTARFILE ID: 06-00614mmu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Mianni.
Florida, the subject proposal for the Smmygr's Walk project (W1U-2006-019). located at
approximately 152 and 218 NVV8th Stnoet, 248and 263 NVVOth Street and 180 NVV7th
Street, Miami, Florida, has been reviewed to aUVvv G Major Use Special Permit per Arti-
cles 13 and 17, to construct an afour building nliX8d use development ranging in height
from approximately 133feet to 142 feet to be comprised of approximately 1.050tota|
nnu|hhanni|y residential units with recreational amenities; approximately 75.000 square
feet of retail space; and approximately 1.587 total parking spaces.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERMIT, Gsper ARTICLE 17, Section 1701. Definition (1).
for residential development involving in excess of two hundred (200) units;
MAJOR USE SPECIAL PERMIT, asper ARTICLE 17. Section 1701. Definition (7).
for any single use or combination of uses requiring or proposing to provide in excess
of five hundred (500) off-street parking spaces;
This Major Use Special Permit encompasses the following Special PennbS and Re'
CLASS UySPECIAL PERMITS
CLASS U SPECIAL PERM|T, as per ARTICLE 6, Section 616.3. to allow the con-
struction
CLAS8 U SPECIAL PERM|T, as per ARTICLE G. Section 616. Sub -Section
618.8.4.1 {}pen space and residential recreational apmoe, to allow relocation of
21,494 square feet of open space to areas within the building. The user shall make a
non-refundable developer contribution of $1.074.700.00 to the Parks and [)pen
Space Trust Fund administered by the City of Miami;
CLASS U SPECIAL PERM|T, as per ARTICLE 6. Section 616. Sub -Section 616.8.3.
exemptions from yard and setback requirements, to allow an exemption from the
setback requirement as set forth in Sec. 616.8.(3) Minimum open space require-
ment,
CL/\8G U SPECIAL PERMIT, as per ARTICLE 15. Section 1512. Class U Special
Permit required for waiver of design standard and guide|ineo, to mUVvv a waiver of
City of Miami Off-street Parking Guides & 8tmndonda, only for reduction of required
backup distance indriveway isles from 23feet to22feet;
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CLASS U SPECIAL PERK8|T, as per ARTICLE S. Section 927. Temporary struc-
tures, ocuupancieo, and uses during cVnstruction, criteria for special pernnits, to al-
low temporary structunea, occupanoims, and uses reasonably necessary for con-
struction such as construction fenoe, covered vva|hvvay and if encroaching public
property must beapproved byother city departments;
CLASS | SPECIAL PERMITS
CLASS | SPECIAL PERMIT, an per ARTICLE 9. Section 806. Sub-Section9O8.9.
Temporary special events; special permits; c,iterio, to allow temporary carniva|, fes-
dvo|, hair or oinni|mr type event on privately owned or City -owned land such as m
ground breaking ceremony;
CLASS | SPECIAL PERMIT, aaper ARTICLE 8. 8eodonS10. Sub -Section 81O.2.1.
Temporary special event parkinQ, to allow parking for temporary special event such
aoground breaking ceremonies;
CLASS | SPECIAL PERM|T, as per ARTICLE 8. Section 918. Sub -Section 918.2.
Temporary off-street offsite parking for construction crevvs, crheha, to allow tempo-
rary off-street offsite parking for construction crews working on o commercial -
residential project underconstruction;
CLASS | SPECIAL PERK8|T, as per ARTICLE 8. Section 920. Sub -Section 920.1.2.
Limitations on occupancy of mobile hVnnes, to allow parking of mobile honnen, trail-
ers or manufactured honneo, when authorized for security orother purposes incon-
nectinn with land 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 10. Section 10.6. Sub -Section
10�6.3.10. SC-10, GD-10.1, SC-16.2 Southeast Over town -Park West-Commercial-
Restricted
REQUEGT, for waiver of Chapter 36 Noia*, Section 30-8 Construction Equipment (a)
permitting the operation of construction equipment exceeding the sound level of read-
ing of0.79weighted average dBA at any time and/or day subject to the City Manager
Exception pursuant toSection 3O-0(o)and all the applicable criteria;
REQUEST for applicable K8USP conditions to be satisfied at the time of Shell Permit
instead of at issuance of Foundation Permit:
a\The requirement tVrecord inthe Public Records aDeclaration ofCovenants
and Restrictions providing that the ownership, operation and maintenance ofall 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 bJArticles 13and 17of Zoning Ordinance 110OO.approval ofthe
requested Major UoeSpeda|PennitohaUbe 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.
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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 iofound that the proposed development project will benefit the area by creating
additional residential and umnnnnencim| opportunities in the C»/ertovvn NET Disthct,
located on west of NW 1 m Court Avenue between NW w Street and NW m
� It is found that the subject property is located in the "North City of Miami" plat within
the Southeast Overtown neighborhood of the City.
* It is found that punaumrd to the Zoning Ordinance of the City of Mianni. Florida, the
existing zoning designation for the property is SO-10 and S[}-10.2 (Southeast
C�/ertnvvn-Park West Commercial -Residential). Buildings #1'5 are located in S[}-
18.2 (7.58±net acres) and Building #4 is located in S[>-16 (1.25±acneo)
It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Mianni. Florida, the existing Future Land Use category for the property is "Restricted
It is found that the proposed project is 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 project is located in FEMA Flood Zone "X".
It is found that the proposed residential density of the project U.050 units at 113
units per aona\ is well below the nOmxinnunn 2.848 units (300 units per acre) on the
8.83±net acre site.
It is found that the residential unit breakdown is as follows: Building 1 - 303 units;
Building 2-303 units; Building 3-300 units; and Building 4— 144 units,
It is found that the total oUovvobks combined floor area without bonuses for the
1 170± gross mope site is 2.051.678.55 aqumna feet (Floor Area F<@bo ^F8H^ of 4.0 in
S[}-16.2 (Buildings 1-3 on 10.09± aupao) and 4.32 in 8O-16 (Building 4 on 1.61±
acres). The project as proposed is not requesting any bonuses and consists of
total FAR of 1.361.006 square feet,
It is found that the nnoxinnurn height of the proposed structures are approximately
133 feet + 13 stories (Building 1). 133 feet + 13 stories (Building 2\. 142 feet + 14
stories (Building 3). and 133 hae{ + 13 stories (Building 4). Pursuant to Article 0.
Section O1O.9.there shall be nnheight |in0batonointheSD-1Ozoningdisthct.
It is found that the proposed total number ofparking spaces (approximately 1.587)
for the project is above the required number of 1, 125 parking spaces.
� It is found that the project is expected to cost approximately $258.SOD.5OO. and to
employ approximately 740 workers during construction (FTE-Full Time Employees)�
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The project will also result in the creation ofapproximately 4O permanent new jobs
(FTE) for building operations and will generate approximately $3,429,917 annually in
tax revenues tothe City (20O8doUmre).
It is found that the proposed project was reviewed by the Internal Design Review
Committee on August 23. 2005 and the following pertinent comments were nnmda:
Pedestrian Realm -|norder toenhance the pedestrian character ofNVV3'~Avenue
and NVV8m Street (west and south aide of Block 55, respective|y), implement the
following: (a) The pedestrian sidewalk realm shall remain at a consistent height
throughout. Vehicles shall rise to the sidewalk level with ramping beginning at the
outer edge of the curb, with the ramp slope being the maximum m||oYvad by Public
Works, 1:12 (8.3Y6). See photograph below; (b) The pedestrian sidewalk area shall
be maintained with m consistent, recognizable pattern, which shall continue across
the vehicular entrances in order to give dominance to the pedestrian realm over the
vehicular anaoo; (c) Consider applying o vvaU nnuna| or other artwork along the west
elevation of the proposed grocery store on NVV3 r' Avenue (Block 55); (d) Consider
eliminating the residential entrance on NW6 m Street (Block 55, closest to NW2 "u
Avenue) and consolidate it with the "residential & commercial" entrance located on
NW 3rd Avenue; (e) Consider providing habitable ground level space on the south
side of NW Om Street (Block 55); Urban Design - Consider orienting the tallest
building on the west side of Block 55 closer to 1-95; Landscaping - Provide a
continuous canopy of shade trees to provide shade for pedestrians along NW m
��r8Street,NW8Street,��rm�NW1m Court, NW2 nu Avenue and NW 33d Avenue. These
shade trees shall be aligned close to the edge of the curb in the public right of VxGy
(at no greater than 33' on center) to provide a buffer for pedestrians from vehicular
traffic. Palm trees may be utilized periodically an an architectural accent to the
architecture of the building. The Planning Department's review resulted in design
modifications that were then recommended for approval to the Planning Director.
WWI
NOTE: The photograph ismeant tnillustrate the idea ofacontinuous pedestrian realm and may not represent approved
solutions from the Chy'sPublic Works Department. All curb, gutter and sidewalk work must beapproved byPublic
mmmo.
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/t is found that on September 13. 2005. the Miami -Dade Aviation Department
provided a Height Analysis review cf the proposed project and found that it conforms
to the Miami -Dade County Height Zoning Ordinances at that location. 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 addiUon, construction cranes for
this project exceeding 200feet in height must be filed using the same form.
* It is found that On September 14. 2005. the City of K8i@nni Public Works Department
provided a review of the project and provided the following comments: (m) Re -
Platting may be required to legalize the divisions of lots 4. 5, 11, 12, 13, 14. 15 and
16of Block 46 N for the Building #4 Site; and the following street improvements shall
be(b)NVVOm Street between NVV1m Court and NVV3 mAvenue—Rep|ooeoUbroken
and damaged sidevvm|k, curb and gutter on both sides of the roadways. K8iU and
resurface the entire width, curb to curb, of said roadways; (c) mVV7m Street between
MVV 1m Court and NW3 dAVenue— Replace all broken and damaged sidewalk, curb
and gutter onboth sides 0fthe roadways. Mill and resurface the entire width, curb to
curb, of said roadways; (d) NVV8m Street between NW1t Court and NW3 mAvenue
— Replace all broken and damaged aidevvm|k, curb and gutter on both sides of the
roadways. K8i|| and resurface the entire width, curb to curb, of said roadways; (e)
st {�m m
NW Court between NO ��n��� and NW8 Street — Replace all broken and
damaged sidexvm|k, curb and gutter on both sides of the roadways. Mill and
nu
resurface the entire vvidth, curb to curb, of said roadways; (0 NW
behmeen NW m Street and NW Om Street — Replace all broken and damaged
aidevva|k, curb and gutter on both aides of the roadways. Mill and resurface the
entire width, curb to nurb, of said roadways; and /g> NW3 d Avenue between NVV8m
Street and NW8 mStnast— Replace all broken and damaged sidewa|k, curb and
gutter on both sides of the roadways. K8iU and resurface the entire width, curb to
curb, ofsaid roadways.
It is found that the Large Scale Development C0nnnnhtee reviewed the project on
September 21. 2005 to address the expressed technical concerns raised at said
Large Scale Development Committee meeting.
It is found that Miami -Dade Public Schools provided a preliminary review of the
proposed project on SeDteOnber20. 2005. The student population generated by this
development is estimated at 340 students. The schools serving this area Of
application are Frederick Douglass Elementary (78 students) — 6996 Florida
Inventory School Houses (FISH) Capacity with the proposed project; Riverside
Elementary /78 otudents>— 168% FISH; Jose de Diego Middle (85 otudente)— 10896
FISH; and BookerT. Washington Senior High /88students) —73Y6 FISH. Pursuant
to the inter|oos| agreement, only Riverside Elementary School meets the review
threshold of 1 15Y6.
� It is found that on October 0. 2005. the [|d»'o Traffic Conaubank, URQ Corp.,
provided a review 0/V[). #119> of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient.
|tiSfound that the proposed project VVa5revievvedfOrdeSi nappnJphabeneaobvthe
Urban Development Review Board on October 19. 2005. which recommended
Approvo|(UORB ResV. 10-10'05-8)vvith conditions.
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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 tothe 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; (0) Screening; (7) 8ignagm and
lighting; (8) Preservation of Natural Features; and (S) Modification of
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 tothe issuance ofmbuilding permit.
2>Allow the Miami Police Department hzconduct a security survey, skthe option
of the L]epartnnent, and to make recommendations concerning security measures and
systems; further submit a report to the Planning Depmrtnnent, prior to commencement of
construction, demonstrating how the Police Department recommendations, ifany, 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 prooedunae, as well as specific
requirements for fire protection and life safety mystenns, exiUng, vehicular access and
water supply.
4\ Obtain approval frorn, 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 shell permit.
5) Comply with the Minority Participation and Employment Plan (including e 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 8ffo|ra and
Procurement Program as o guide.
O\ 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 ofCovenants and Restrictions providing that the ownership, operation and
maintenance Vfall common areas and facilities will bebythe property owner ormman-
datory propertyovvnar0000cimdoninperpetuity.
7) Prior to the issuance of shell perDit, provide the City with a recorded copy of
the MU8Ppermit resolution and development ordar, 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 to the review and approval ofthe City /\ttorney'oOffice.
8> Provide the Planning Department with m temporary construction plan that in-
cludes the following- a temporary construction parking plan, with an enforcement policy;
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o 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 bythe Planning Department prior tothe issuance ofany building permits and
shall be enforced during construction activity. All construction activity shall remain in full
compliance with the provisions of the aubnn)Uad construction plan; failure to comply may
lead tVasuspension orrevocation ofthis Major Use8penim|PernniL
gA|naofar aathis Major UaaSia|Pannhinc|udesthesubupdinaUemppr0va|of
a series of Class | Special Pemnbe 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 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 p|an, including m 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 aproposed timetable and shall be subject tOreview and
approval bythe Planning Director.
1 1> Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) The pedestrian sidewalk realm shall
remain at consistent height throughout theproject; (b) The pedestrian sidewalk area
shall be maintained with o consistent, recognizable pattern, which shall continue across
the vehicular entrances inorder togive dominance tothe pedestrian realm over the ve-
hicular areas; (u) AxvoU mural or other artwork shall be placed along the west elevation
above the proposed retail store onNVV3m Avenue. This shall beprovided for review
and approval by the Planning Director prior to application for Building Permit (d) Elimi-
nate Street and consolidate itwith the "residential &
oonnnnencia|. entrance located on NW3 m Avenue; (e) Provide habitable ground level
space on the south side of NW 6 th Street.
12\ Pursuant to comments by the City of Miami Public Works DepGrtnnen1, the
applicant shall meet the following conditions: (e) Re -Platting may be required to legalize
the divisions oflots 4. 5. 11, 12, 13, 14. 15 and 18 0fBlock 46 N for the Building #4 Site;
and the following street improvements shall be (b) NW 0m Street between NW 15'C0urt
and NW 3 Id Avenue — Replace all broken and damaged sidewalk, curb and gutter on
both sides nf the roadways. Mill and resurface the entire width, curb tocurb, ofsaid
roadways; (c) NVV7/o Street between NW 1 m Court and NVV3 rdAvenUe— Replace all
broken and damaged sidewalk, curb and gutter on both sides of the roadways. Mill and
resurface the entire width, curb to cuda, of said roadways; (d) NVV8m Street between
NW 1 st Court and NW 3 d Avenue — Replace all broken and damaged sidewalk, curb and
gutter onboth sides of the roadways. Mill and resurface the entire width, curb tocurb,
of said roadways; (e) NW1 ot Court between NVVOm Street and NVV8 m Gtnaet— Replace
all broken and damaged Sid8vVa|k. curb and gutter on both sides of the nJGdvVayG. &1iU
and resurface the entire width, curb to ourb, of said roadways;(f) NVV2 nu Avenue be-
tween NVVOm Street and NVVO mStreet— Replace GU broken and damaged sidevvG|k,
curb and gutter on both sides of the roadways. K8iU and resurface the entire width, curb
to curb, of said roadways; and (g) NVV3 m Avenue between NVVOm Street and NVV#m
Street — Replace all broken and damaged oidevvm|k, curb and gutter on both sides Of the
nomdvvmyo. W1iU and resurface the entire vvidth, curb to curb, of said roadways.
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13\Prior hothe issuance ofabuilding permit, the applicant shall submit mletter of
approval of the proposed height from the Miami -Dade County Aviation Department. If no
such approvals are granted, the height ofthe proposed project shm||bereduoedtothmse
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated September 13.20O5.
14)Within BOdays ofthe effective date ofthis Development Order, record
certified copy ofthe Development Order specifying that the Development Order runs
with the land and is binding on the Applicant, its outoesoors. and assigns, jointly Vrsev-
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