HomeMy WebLinkAboutPAB LegislationPLANNING FACT SHEET
FILE ID: 06-00086mm
APPLICANT Adrienne F. Pardo, Esquire, on behalf of the owner 2937
Ferrari, LLC and 2915 Biscayne LLC, owners.
PAB HEARING DATE November 15, 2006
REQUEST/LOCATION
Consideration of a Substantial Modification to a Major Use
Special Permit for the Lima project (MU-2006-00086mm),
located at approximately 2919 Biscayne Blvd, 2937
Biscayne Blvd. and 330 NE 30 Street.
[Wynwood/Edgewater NET District]
COMMISSION DISTRICT 2
ZONING DISTRICT(S) C-1(Restricted Commercial) with an SD-20.1 (Edgewater
Overlay District)
SITE AREA 2.38± acres (Gross) and 1.38± acres (Net)
LEGAL DESCRIPTION See supporting documentation
PETITION
Consideration of a Resolution, approving with conditions,
a Substantial Modification to a Major Use Special Permit,
Resolution 01-0199, pursuant to Articles 5, 9, 13, 17 and
22 of Zoning Ordinance No. 11000, as amended, for the
Lima project (MU-2006-00086mm), located at
approximately 2919 Biscayne Blvd, 2937 Biscayne Blvd.
and 330 NE 30 Street, Miami, Florida, to allow the
modification of the previously approved Lima project, to
construct an approximate 490-foot, 43 story high mixed
use structure to be comprised of approximately 206
units, approximately 32,731 square feet of retail and
office space, and approximately 402 total parking
spaces; providing for certain floor area ratio ("FAR")
bonuses.
PLANNING
RECOMMENDATION Approval with conditions
BACKGROUND AND
ANALYSIS See supporting documentation
PLANNING ADVISORY BOARD Item #1 VOTE:
CITY COMMISSION
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500
Date Printed: 11/6/2006 Page 1
ANALYSIS
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
for
LIMA
located at approximately
2919 Biscayne Blvd, 2937 Biscayne Blvd. and 330 NE 30 Street
LEGISTAR FILE ID: 06-00086mm
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for The Lima project (MU-2006-00086mm) has been
reviewed to allow a Substantial Modification to a Major Use Special Permit, Resolution
06-0132, pursuant to Articles 5, 9, 13, 17 and 22 of Zoning Ordinance No. 11000, as
amended, located at approximately 2919 Biscayne Blvd, 2937 Biscayne Blvd. and 330
NE 30 Street, Miami, Florida, to allow the modification of the previously approved Lima
project, to construct an approximate 490-foot, 43-story high mixed use structure to be
comprised of approximately 32,731 square feet of commercial space, and approximately
402 total parking spaces.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701. Definition (9), and
ARTICLE 5. Section 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 approximately 41,563.60 square feet of floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for a
residential development involving two hundred six (206) units;
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 620.3.1, to allow erection of a
new building in SD-20 EDGEWATER OVERLAY DISTRICT;
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 in dimensions of two (2) loading berth
dimensions as follow:
Required: four (4) 12' wide x 35' long x 15' high
Propose to be reduced: Two (2) 12' wide x 35' long x 15' high
Propose to be provided: Two (2) 10' wide x 20' long x 15' high
Total to be proposed: Two (2) 10' wide x 20' long x 15' high
Two (2) 12' wide x 35' long x 15' high
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Sub -section 908.2, for access from a
public street roadway with driveway greater than twenty five (25) feet in width;
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 620.4, to allow for outdoor
dining and drinking establishments;
Page 1 of 7
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Class II Special Permit
required for waived of design standard and guidelines to allow a waiver of City of Miami
Off-street Parking Guides and Standards requirement of one (1) additional foot in stall
dimension where the side of any stall abuts a wall, column, fence, building, or other
physical obstruction, to allow the minimum stall width dimension of 8'-6" from face of any
obstruction to center line of the striping for approximately (1 %) of 402 parking spaces
provided;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -Section 917.3.2
Application of City of Miami Guides & Standards to location, improvement, and
landscaping of offstreet parking facilities, to allow a surface parking spaces;
CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 927. Temporary structures,
occupancies, and uses during construction, criteria for special permits, to allow
temporary 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 PERMIT, as per, ARTICLE 9, Section 906, Sub -Section 906.9.
Temporary 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 ceremonies;
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
groundbreaking ceremonies;
CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 918, Sub -Section 918.2.
Temporary off-street offsite parking for construction crews, criteria, to allow temporary
off-street offsite parking for construction crews working on a commercial -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, trailers or
manufactured homes, when authorized for security or other purposes in connection 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 10.6, Sub -Section 10.5.4.3 (1)
C-1 Restricted Commercial District to allow temporary development sign;
Note: Commercial advertising shown on hearings plans are not part of this Major Use
Special Permit application for approval.
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
reading 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 MAJOR USE SPECIAL PERMIT, that the following conditions
be required at the time of issuance of Shell Permit instead of at issuance of Foundation
Permit;
Page2of7
- The requirement to record in the Public Records a Declaration of Covenants and/or
Restrictions providing that the ownership, operation and maintenance of all common
areas and facilities will be by the property owner and/or a mandatory property owner
association;
- And the requirement to record in the Public Records a Unity of Title or a covenant in
lieu of a Unity of Title.
Pursuant to Articles 5, 9, 13, 17 and 22 of Zoning Ordinance 11000, approval of
the requested Substantial Modification to a 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 with a height of
approximate 490-feet, the Planning Department has incorporated additional
comments as a result of additional technical reviews in reference to this project in
addition to the ones previously submitted comments from 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 Wynwood/Edgewater NET District, located
at the southeast corner of Biscayne Boulevard and NE 30th Street.
• It is found that the subject property is located in the "Broadmoor" 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 and
SD-20.1 (Biscayne Boulevard 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 with a height of approximately 490-feet is not
located along a Primary Pedestrian Pathway.
• It is found that the original project with a height of approximately 490-feet is not
located within an Archeological Conservation area.
• It is found that the residential density of the project (206 units at 149 units per acre)
is under maximum 207 units (150 units per acre) on the 1.38± net acre site.
Page 3 of 7
• It is found that the south portion of the property is the location of the existing 3-story,
40,580 square foot Technomarine Building at 2919 Biscayne Boulevard, which will
remain. The development plan for the project includes the 30,430 sq. ft. of office
and 10,150 sq. ft. of retail in the Technomarine Building.
Pursuant to Article 9, Section 914, the original project with a height of approximately
473-foot and the current approximate proposed height is 489-feet and 8-inches is
requesting a development bonus of 51,955 square feet of additional floor area, and
shall pay into the Affordable Housing Trust Fund at amount of $12.40 per square
foot = $644,242.
• It is found that the project is expected to cost approximately $60,384,000, and to
employ approximately 323 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 14 permanent new jobs
(FTE) and will generate approximately $562,546 annually in tax revenues to the City
(2005 dollars).
• It is found that on October 17, 2005, the Miami -Dade Aviation Department provided
a Height Analysis review for the original "Lima" project with a height of approximately
473-foot and the current approximate proposed height is 490-feet. It is also found
that originally it conformed to the Miami -Dade County Height Zoning Ordinances.
However, a new analysis would have to be submitted for review and approval by
Miami -Dade Aviation Department.
It is found that on December 5, 2005, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #128) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient. The proposed substantial
modification has not impacted the previous analysis.
• It is found that per Planning Department comments, the parking pedestal screening
and the aluminum balcony railings shall match the concrete facade of the
Technomarine Building.
• It is found that Miami -Dade Public Schools provided a preliminary review of the
original project on January 3, 2006. The student population generated by this
development is estimated at 56 students. The schools serving this area of
application are Eneida M. Hartner Elementary (26 students) — 121% Florida
Inventory School Houses (FISH) Capacity; Jose de Diego Middle (14 students) —
102% FISH; and Booker T. Washington Senior High (16 students) — 70% FISH.
Pursuant to the interlocal agreement, only Eneida M. Hartner Elementary meets
review threshold of 115%.
It is found that on January 18, 2006, the City of Miami Public Works Department
provided a determination that the closure and vacation of the alleys within the project
is not required in order to obtain building permits for this project.
• It is found that the proposed substantial modification to the project was reviewed by
the Internal Design Review Committee on July 18, 2006, and the following pertinent
comments were made: Site Plan — (1)The proposal for a vehicular curb cut along
Biscayne Boulevard is unacceptable. The applicant shall reconfigure the vehicular
circulation so that all entrances are from NE 30th Street or NE 4` Avenue; (2) The
proposed changes significantly reduce the amount of retail space fronting Biscayne
Page 4 of 7
Boulevard and replaces it with a vehicular driveway and parking, which is
unacceptable; Pedestrian Realm — (1) Articulate the pedestrian sidewalk to give
dominance to the pedestrian realm over the vehicular areas by providing a sidewalk
with a consistent pattern and height that continues across vehicular areas; (2)
Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of
the curb, with the ramp slope being the maximum allowed by Public Works;
Landscaping — (1) The plaza should not include a driveway to Biscayne Boulevard.
This severely impacts the public space and pedestrian realm; (2) The concrete
sidewalk along Biscayne Boulevard should be continued to the face of the building to
provide a wide sidewalk. Awnings or other structure can protrude over this space for
definition if desirable. The Planning Department's review resulted in design
modifications that were then recommended for approval to the Planning Director.
• It is found that the project with a height of approximately 490-feet was reviewed for
design appropriateness by the Urban Development Review Board on September 20,
2006, which recommended Approval (UDRB Reso. 9-20-06-3) with conditions.
• 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
responsibility, 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.
Page 5 of 7
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/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
mandatory 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
includes 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 approval 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 subordinate Special Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Planning Department with all
subordinate Special Permit plans and detailed requirements for final review and
approval 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
development order or captioned in the plans approved by it.
10) Obtain approval from, or provide a letter from Miami -Dade Aviation
Department indicating that the proposed height of 489-feet and 8-inches is in
compliance with all the concerns of the Department prior to the obtainment of a shell
permit.
11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) The applicant shall reconfigure the
vehicular circulation so that all entrances are from NE 30t Street or NE 4`h Avenue; (b)
Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the
vehicular areas by providing a sidewalk with a consistent pattern and height that
continues across vehicular areas; (c) Vehicles shall rise to the sidewalk level with
ramping beginning at the outer edge of the curb, with the ramp slope being the
maximum allowed by Public Works; (d) The plaza should not include a driveway to
Biscayne Boulevard; (e) The concrete sidewalk along Biscayne Boulevard should be
continued to the face of the building to provide a wide sidewalk; (f) the parking pedestal
louver screening and the aluminum balcony railings will need to match the concrete
facade of the Technomarine Building in color and pattern — not material.
Page 6 of 7
12) If the project is to be developed in phases, the Applicant shall submit an
interim plan, including a landscape plan, which addresses design details for the land
occupying future phases of this Project in the event that the future phases are not
developed, said plan shall include a proposed timetable and shall be subject to review
and approval by the Planning Director.
13) A development bonus to permit a mixed use of 51,955 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $644,242.
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.
Page 7 of 7
Projects in the Vicinity
Lima
06-00086mm
' - rt: ii:riiiit, .. ,
ii a 'OrriLauij
IMF liallillitilialiiiiiiiiit0;
` Stisilitiiiiiitili
7' tillintliiiiii
-
Yitemsegkoh.M _ ,
..
1 -........... iroi
s� i` Il�ga 1'e , _ __ fi
No.
1.
2.
3.
4.
Name
The Yorker #
Palermo
Lima #
Soleil #
Floors
Units
Status
62 Completed
7 22 Pending Class II
43 211 MUSP non -sub. /Application
43 288 MUSP/ Approved
#-Indicates Mixed -Use Project with Retail and/or Office uses
06-00086mm - Projects in the Vicinity
c
Y M 1 A
I' 1. iv N N I N <o
Ii I' A It '➢' ,m 1? N 'I'
1'It1.-,AI'I>I.Ir. �I ION t;71;s11,N R1=,vllt�� r:n
S I..J 14 ti'1 A N'I' I A I. iti9 t l.) I V I r A'I' (C.) N `ru l' O A A u o R t..l S V[ S I' 11
LIMA
2955 BISCAYNE BOULEVARD
NET DISTRICT: WYNWOOD/EDCGEWATER
07-18-06
The following comments represent the unified vision of the Pre -Application Design Review Committee, which consist
of all staff members in the Urban Design and Land Development Divisions.
COMMENTS:
The initial submittal of this project was approved by the Urban Design Review Board on 11-16-2005. The project has
been substantially modified from the approved plans and requires review by the Internal Design Review Committee as
well as the Urban Design Review Board.
The committee finds that the original submittal approved in November 2005 was a better solution than the proposed
modified plans, and recommends that the applicant continue to work with the approved plans.
Residential Tower
• The addition of liner units along the western elevation of the building is appropriate, and enhances the building
frontage facing Biscayne Boulevard.
Site Plan
• The proposal for a vehicular curb cut along Biscayne Boulevard is unacceptable. The applicant shall
reconfigure the vehicular circulation so that all entrances are from NE 30'I' Street or NE 4th Avenue.
• The proposed changes significantly reduce the amount of retail space fronting Biscayne Boulevard and replaces
it with a vehicular driveway and parking, which is unacceptable.
• The relocation of the proposed public plaza to be adjacent to Starbucks is appropriate.
• The relocation of the loading spaces to be within the parking garage is appropriate.
Pedestrian Realm
• Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas. Achieve
this by providing a sidewalk with a consistent pattern and height that continues across vehicular areas. Vehicles
shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being
the maximum allowed by Public Works. We are attaching a detail sheet of an approved mountable curb for
your reference.
Landscaping
• The latest submittal does not provide information about the landscaping. Please submit a landscape plan that
specifies the species and proposed locations of all plant materials.
• Provide a complete tree survey of existing conditions including species, diameter and spread including all trees
in the right-of-way. Please refer to the City of Miami tree protection ordinance passed in January 2005 and
indicate how tree mitigation will be achieved. Please note that the City calculates tree replacement by the "sum
of inches" of tree trunk at breast height, while the county uses square footage of tree canopy.
• Provide a continuous canopy of shade trees to provide comfort for pedestrians along all street frontages.
These shade trees shall be aligned close to the edge of the curb in the public right of way (at no greater than 33'
on center) to provide a buffer for pedestrians from vehicular traffic. The applicant shall obtain approval and a
permit from the Public Works Department for the aforementioned landscaping improvements in the right of
way. This greenspace and landscaping may not be included in the calculations for meeting greenspace zoning
requirements.
It is our intention with these comments to aid in expediting Special Permit applications with your
voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly
prior to a project's submission to the Large Scale Development Committee or the Urban Development
Review Board.
1
1/ UV/ LUVU LU. •lV rAA
E UVG/ V4v
December 5, 2005
Ms. Lilia I. Medina, AICP
Accictont Trancportatinn l.nnrciirrd101'
Cily ur Miami, Offiao of tho City Manager/Transnnrtation
444 SW 2nd Avenue (10th Floor)
Miami, Florida 33130
Re: LIMA (WO # 128)
Sufficiency Letter
Dear Ms. Medina:
Via Fax Ind US Mail
Subsequent to our October 11`'', 2005 review comments for the suldjeut imvim:,t, we have
receive° d IUfr111;ii IGbpvit c iiv,„ flG 1J I'1..,,..,.,., .s.1aIAass warms Inn (11QA1 nn hln rwmhr-r?
2005. We have also received o satisfactory letter (via e-mail) trom the FOOT Planninn office.
t=frotocapies of both the rcupurii:* latter from KHA anrt r. moil from FOOT are attached hrartwith.
A pei tlrr trnm I IA.) I . tnc QCveIophl h arc ;hyti J lv urolail .'. I'Irihf-4urrr luau ut NE 201h
l'u.tlrrtlrrCCl,ir+ims"YU z,.in order t0 mitiosle the impia0tt from the project site,
Additionally, the applicant has also mentioned that the project architect would provide ine
Irifsnnrnlhrri rr.�nrJh�u nrmrrrrr'r'l'��il'IEL� el doil:�or>r truobc iuithin the nmjart Site As this nrniect
prowu5Ncb lu luuylr Lirc icvi W proecas, tho applionnt muct submit an ar'rr; ;tlt;lrz-ca4F1 rlrrrfla*Inds
pion far approval by tho City} rtaff. At this limp. carp rnnr,IlfriP that the revised traffic report along
wills the ;ubcoquent eubmittsi mcct. all the traffic: requirements and the report is found lu be
sufficient.
Should yuu I ievc aI ry yueMtlana, plcaac call Ouo<i Macood or me at 954. /.1RR•I
Sircuur uly,
UR
n Rrnrl$r,:,
Rai Shan mugarrf, w.t.
Se for I rattic LnQlneer
Gfferhmrnt
Cc' Mr. Kevin Watford, Planned, City of Miami (I-ax: .ci5.415,1 d43)
M,. ay,ua :N>,rdtNsr•uagart, r'r_, ue vt, IFox: 9ae..1J•1.,JDA{1)
Ultb t,$PIJUWUllur,
Lakeshore Complex
5100 NW 33rd Avenue, Suite 150
Fort Laudertlale, FL 33309-8375
Tnr• flRn 7101RR1
Fax: 954.73941789
January 18, 2006
Ms. Adrienne Friesner Pardo
Greenberg, Traurig P.A.
1221 Brickell Avenue
Miami, FL 33131
Dear Ms. Pardo:
LIMA MUSP/2915 BISCAYNE BOULEVARD
1006 JA N 20 Ph Lc O t ARaRnIOagLeAr
r
I have received the Opinion of Title for the LIMA project located at 2915 Biscayne
Boulevard as evidence to verify that the alleys within Block 10, Broadmoor Subdivision,
P.B. 2, PG. 37 have been properly closed and vacated and have made the following
determination.
In addition to the Opinion of Title, Public Works Department staff has determined that all
of the alleys located in Block 10, Broadmoor Subdivision, P.B. 2, PG. 37, including the
subject property, were closed by Circuit Court Order No. 61 C 11515 dated February 5,
1962. The Circuit Court Judge was John L. Kehoe.
Based on the Opinion of Title and the Circuit Court Order, I have determined that the
City of Miami has recognized the closure and vacation of the alleys within the LIMA
project property located at 2915 Biscayne Boulevard and platting is not required in order
to obtain building permits for this project.
If you have any questions concerning this matter, please call Mr. Leonard Helmers,
Professional Engineer IV, at 305-416-1221.
Sincerely,
(\aW
Stephanie N. Grindell, P.E.
Director of Public Works
Supervisor of Plats
Gitk
SNG/I 1 Itwjj
1(Yl00
c: Ana Gelabert-Sanchez, Director, Planning Department
Lourdes Slazyk, Assistant Director, Planning Department
bc: Survey
Development and Roadway Plans
Central
DEPARTMENT OF PUBLIC WORKS
444 S.W. 2nd Avenue/Miami, Florida 33130 / (305) 416-1200 / Fax:(305) 416-2152
Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708
CI T Y OF MIA MI
PLANNING DEPARTMENT
URBAN DEVELOPMENT REVIEW BOARD (UDRB)
RESOLUTION FOR RECOMMENDATION
UDRB MEETING 9/ 20/ 2006
Item No. 3:
A motion was made by Roger Fry and seconded by Ernesto Santos for a resolution recommending
to the director of the Department of Planning approval with conditions for a Major Use Special Permit
for the project Lima located at 2955 Biscayne Boulevard with a vote of 3 to O.
Vote List:
Yes
No
Recused
Absent
Todd B. Tragash, Chairrnan
0
0
0
JulioJu1ioDiaz,viceauinnn
El
0
0
Robert Behar
0
0
0
Robin Bosco
0
0
0
14
Roger Fry
0
0
0
Marina Khoury
0
0
0
Emesto Santos
0
0
0
Derrick Sinik
0
0
0
Conditions:
• Remove curb cut and parking from Biscayne Boulevard.
Provide landscaping along 29th Street and 4th Avenue.
Suggestions: (Based on the I.D.R. comments)
• Reconsider the vehicular curb cut along Biscayne Boulevard. The applicant should
reconfigure the vehicular circulation so that all entrances are from NE 30th Street or NE 4th
Avenue.
'Attest:
1-,77 Ana Gelabe anchez. ifector/
MIAMI-DADE COUNTY, FLORIDA
October 17, 2005
Mr. Kevin Walford
City of Miami
444 S.W. 2nd Ave., 4th Floor
Miami, Florida 33130
AVIATION DEPARTMENT
P.O. BOX 592075
MIAMI, FLORIDA 33159-2075
(305) 876-7000
RE: Height Analysis for the Lima Project Located at 2955 Biscayne Blvd.
in Miami, FL.
Mr. Walford:
The Miami -Dade Aviation Department (MDAD) has reviewed your Large Scale
Development Submittal dated October, 2005 for a height analysis for the above
referenced project. Our review finds that a 484 ft AMSL (Above Mean Sea Level)
structure at this location conforms to the Miami -Dade County Height Zoning Ordinance.
However, our preliminary analysis indicates that this structure may impact the following
Terminal Instrument Procedures (TERPS) surfaces:
• Runway 26L LNAV Final Approach: exceeds by 234 ft
• Runway 26L LOC Final Approach : exceeds by 314 ft
• Runway 26R LOC Final Approach : exceeds by 254 ft
• Runway 26R LNAV Final Approach: exceeds by 254 ft
The FAA will need to determine the effect of those impacts (if any) upon the developer's
submittal of form 7460-1 to the FAA.
This height determination is an estimate issued on a preliminary or advisory basis.
Before proceeding with design, any proposed construction at this location exceeding 200
ft will be required to file with the FAA by using form 7460-1 `Notice of Proposed
Construction Alteration for Determination of Known Hazards'. In addition, any
construction cranes for this project exceeding 200 ft must be filed by the construction
contractor using the same form. Thus, for any structure or crane at this location
exceeding 200 ft, FAA form 7460-1 must be filed. The form is available through this
office or through the FAA website: http://forms.faa.gov/forms/faa7460-1.pdf. This form
should be mailed to: Federal Aviation Administration, Air Traffic Airspace Branch -
ASW-520, 2601 Meacham Blvd, Ft. Worth, TX 76137-0520. Alternatively, the
developer may "e-file" online at https://oeaaa.faa.gov .
MIAMI INTERNATIONAL AIRPORT
Mr. Kevin Walford
Page 2
October 17, 2005
Based on the above, MDAD would not object to a proposed structure height that
conforms to the Miami -Dade County Height Zoning Ordinance as long as:
1) FAA determines that the construction of building at the above mentioned
height will not diminish or affect the safety, efficiency or capacity of the Miami
International Airport in any way; and
2) FAA issues a "Determination of No Hazard" for this project and location; and
3) An interested party does not file a "petition for review" to FAA's aeronautical
study that has yet to be completed for this project and location.
Please note that the airspace review process is governed by two different regulations: the
Miami -Dade County Height Zoning Ordinances and Federal Regulation Title 14 Part 77.
Neither MDAD nor any MDAD staff has the power or authority to enforce the County's
zoning provisions or the FAA requirements. Pursuant to section 33-339, the County's
Department of Planning & Zoning (P&Z) administers the County's height zoning
provisions (Section 33-339) which states that "all applications for permits made to
appropriate municipal Building and Zoning Departments or agencies for all
construction... shall be approved by the [Miami -Dade Department of Planning and
Zoning] Director and the Building Official or by their duly authorized representatives
prior to issuance of the permit." The FAA has its own airspace evaluation requirements,
as well as the right to permit or not permit construction of a facility or use of a crane
based on the particular facts then presented before the FAA. Only P&Z or the applicable
municipal building official can make the final determination as to whether the County's
zoning requirements and height limitations are met, and only FAA can make the
determination as to whether FAA building and height requirements are met.
This determination is based, in part, on the description provided to us by you, which
includes specific building locations and heights. Any changes in building
locations/layouts or heights will void this determination. Any future construction or
alteration, including an increase to heights requires separate notice to the FAA and the
Miami -Dade Aviation Department.
Mr. Kevin Watford
Page 3
October 17, 2005
Should you have any questions in obtaining and/or filling out FAA form 7460-1 or if I
can be of any further assistance, please feel free to contact me at 305-876-8080.
Res
o Aviation Planning
JRIDV/cf
Attachment
cc: S. Harman
J. Bunting
Al Torres, P&Z
K. Watford, City of Miami
R. Lavernia, City of Miami
E. Newalu, FAA
File Airspace
**REVISED**
SCHOOL IMPACT REVIEW ANALYSIS
January 3, 2006
FOR INFORMATIONAL PURPOSES ONLY; THE REQUIREMENTS UNDER THE
INTERLOCAL AGREEMENT FOR SCHOOL FACILITY PLANNING ARE NOT TRIGGERED
SINCE THE APPLICANT IS NOT REQUESTING ADDITIONAL RESIDENTIAL DENSITY
OVER WHAT IS CURRENTLY ALLOWED IN THE PORPERTY'S ZONING CLASSIFICATION.
APPLICATION: Lima
REQUEST:
ZONING:
ACRES:
LOCATION:
MSA/
MULTIPLIER:
NUMBER OF
UNITS:
Major Use Special Permit
(PAB Mtg. January 4, 2006)
C-1 "Restricted Commercial" (150 DU/acre), SD-20 and SD-20.1
Overlay
+1.41 net acres
Approximately 2919 and 2937 Biscayne Boulevard and 330 NE 30
Street, Miami
4.7 / 0.27 multifamily
207 units
(Existing zoning allows 211 units)
ESTIMATED STUDENT
POPULATION: 56 I
ELEMENTARY: 26
MIDDLE: 14
SENIOR HIGH: 16
SCHOOLS SERVING AREA OF APPLICATION
ELEMENTARY: Eneida M. Hartner Elementary — 401 NW 29 Street
MIDDLE: Jose De Diego Middle — 3100 NW 5 Avenue
SENIOR HIGH: Booker T. Washington Senior High — 1200 NW 6 Avenue
All schools are located in Regional Center IV.
*Based on Census 2000 information provided by Miami -Dade County Department of Planning
and Zoning.
The following population and facility capacity data are as reported by the Office of
Information Technology, as of August 2005:
STUDENT
POPULATION
FISH DESIGN
CAPACITY
PERMANENT
% UTILIZATION
FISH DESIGN
CAPACITY
PERMANENT
NUMBER OF
PORTABLE
STUDENT
STATIONS
i % UTILIZATION FISH
DESIGN CAPACITY
PERMANENT AND
RELCOATABLE
CUMULATIVE
STUDENTS**
Eneida M.
827
703
118%
0
118%
1,255
,...,,
853 «121%
---_-__
121%
HartnerElem.
Jose De Diego
1,046
1,043
100%
0
100%
-
2,834
_..
1,060
__ .... - -
102%
Middle
102%
Booker T.
1,566
2,270
69%
0
69%
4,678
..,. ----
1,582 *
_.r...._...._ ,____
70%
_,,_ __...,..
70%
Washington Sr.
*Student population increase as a result of the proposed development
**Estimated # of students (cumulative) based on zoning/land use log (2001- present) and
assuming all approved developments are built; also assumes none of the prior cumulative
students are figured in current population.
Notes:
1) Figures above reflect the impact of the class size amendment.
2) Pursuant to the Interlocal Agreement, only Eneida M. Hartner Elementary meets the
review threshold.
PLANNED RELIEF SCHOOLS IN THE AREA
(Information included in proposed 5-Year Capital Plan, 2005-2009, dated January 2005)
Projects in Planning, Design or Construction
School Status
N/A
Projected
Occupancy Date
Proposed Relief Schools
School Funding year
State School "GG-1" FY 06-07
LAND TO BE DONATED BY CITY OF MIAMI Proposed
(Jose de Diego M iddle School relief)
(1,241 student stations)
OPERATING COSTS: Accounting to Financial Affairs, the average cost for K-12 grade students
amounts to $6,549 per student. The total annual operating cost for additional students residing
in this development, if approved, would total $366,744.
CAPITAL COSTS: Based on the State's January 2006 student station cost factors*, capital
costs for the estimated additional students to be generated by the proposed development are:
ELEMENTARY 26 x 13,940 = 362,440
MIDDLE 14 x 15,983 = $223,762
SENIOR HIGH 16 x 21,150 = $338,400
Total Potential Capital Cost $924,602
*Based on Information provided by the Florida Department of Education, Office of Educational
Facilities Budgeting. Cost per student station does not include land cost.
City of Miami
Legislation
Resolution
City Hall
3500 Pan
American Drive
Miami, FL 33133
www.miamiqov.com
File Number: 06-00086mm Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR
USE SPECIAL PERMIT FOR THE LIMA PROJECT PURSUANT TO ARTICLES 5, 9,
13,17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE LIMA
PROJECT, TO BE LOCATED AT APPROXIMATELY 2919 AND 2937 BISCAYNE
BOULEVARD, AND 330 NORTHEAST 30TH STREET, MIAMI, FLORIDA, TO
CONSTRUCT AN APPROXIMATE 490-FEET, 43-STORY HIGH MIXED -USE
STRUCTURE TO BE COMPRISED OF APPROXIMATELY 206 TOTAL MULTIFAMILY
RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 3,202
SQUARE FEET OF NEW RETAIL SPACE; IN ADDITION TO EXISTING 30,430
SQUARE FEET (OFFICE) AND 11,473 SQUARE FEET (RETAIL) USES; AND
APPROXIMATELY 402 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN
FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING
FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR
BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on September 22, 2006, Adrienne F. Pardo, on behalf of the owner
2937 Ferrari, LLC, and 2915 Biscayne LLC, owners (referred to as "APPLICANT"),
submitted a complete Application for a Substantial Amendment to Major Use Special
Permit for the Lima project (referred to as "PROJECT") pursuant to Articles 5, 9, 13, 17
and 22 of Zoning Ordinance No. 11000, for the properties located at approximately 2919
and 2937 Biscayne Boulevard, and 330 NE 30th Street, Miami, Florida, as legally
described in "Exhibit A", attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Major Use
Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on October 26, 2005
to consider the original project with a height of approximately 473-foot and the current
approximate proposed height is 490-feet. It is also offer its input; and
WHEREAS, the Urban Development Review Board met on September 20, 2006,
to consider the proposed project an recommended APPROVAL WITH CONDITIONS;
and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on
November 15, 2006 Item No. 1, following an advertised public hearing, adopted
Resolution No. PAB * * by a vote of --- to --- (*-*), recommending ---- with conditions as
City of Miami Page 1 of 13 Printed On: 11/7/2006
File Number. 06-00086mm
presented in PAB Resolution *-* of the Major Use Special Permit Development Order as
attached and incorporated; and
WHEREAS, the City Commission deems it advisable and in the best interest of
the general welfare of the City of Miami to issue a Substantial Amendment to Major Use
Special Permit Development Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this
Resolution are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. A Substantial Amendment to Major Use Special Permit
Development Order, incorporated within, is approved subject to the conditions
specified in the Development Order, per Article 17 of Zoning Ordinance No. 11000, for
the PROJECT to be developed by the APPLICANT, at approximately 2919 and 2937
Biscayne Boulevard, and 330 NE 30th Street, Miami, Florida, more particularly
described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of an approximate
490-feet, 43--story high mixed use structure to be comprised of approximately 206 total
multifamily residential units with recreational amenities; approximately 3,202 square feet of
new retail space; in addition to existing 30,430 sq. ft. (office) and 11,473 sq. ft. (retail)
uses; and approximately 402 total parking spaces; providing for certain floor area ratio
("FAR") bonuses.
Section 4. The Major Use Special Permit Application for the Project also
encompasses the lower ranking Special Permits as set forth in the Development Order.
Section 5. The findings of fact set forth below are made with respect to the
subject PROJECT:
a. The PROJECT is in conformity with the adopted Miami Comprehensive
Neighborhood Plan, as amended.
b. The PROJECT is in accord with the C-1 (Restricted Commercial) with SD-
20 (Edgewater Overlay) and SD-20.1 (Biscayne Boulevard Edgewater Overlay) zoning
classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended.
c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site
plan aspects of the PROJECT that have been found by the City Commission (based
upon facts and reports prepared or submitted by staff or others) to adhere to the
following Design Review Criteria subject to the any applicable conditions in the
Development Order herein:
City of Miami Page 2 of 13 Printed On: 11/7/2006
File Number: 06-00086mm
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
I) Site and Urban Planning:
(1) Respond to the physical Yes. *Yes.
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Yes. *yes.
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner lots Yes. *Yes.
should be oriented to the corner
and public street fronts.
II) Architecture and Landscape Architecture:
(1) A project shall be designed Yes. *Yes.
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood Yes. *Yes.
context;
(3) Create a transition in bulk Yes. *Yes.
and scale;
(4) Use architectural styles Yes. *Yes.
and details (such as roof lines
and fenestration), colors and
materials derivative from
surrounding area;
(5) Articulate the building facade Yes. *yes.
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
III) Pedestrian Oriented Development:
(1) Promote pedestrian Yes. *Yes.
interaction;
(2) Design facades that Yes. *Yes.
respond primarily to the
human scale;
(3) Provide active, not blank Yes. *Yes.
facades. Where blank walls
are unavoidable, they should
receive design treatment.
City of Miami Page 3 of 13 Printed On: 11/7/2006
File Number: 06-00086mm
IV) Streetscape and Open Space:
(1) Provide usable open space Yes. *Yes.
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant Yes. *Yes.
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
V) Vehicular Access and Parking:
(1) Design for pedestrian and Yes. *Yes.
vehicular safety to minimize
conflict points;
(2) Minimize the number and Yes. *Yes.
width of driveways and curb
cuts;
(3) Parking adjacent to a street Yes. *Yes.
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas Yes. *Yes.
as district buffer.
VI) Screening:
(1) Provide landscaping that Yes. *Yes.
screen undesirable elements,
such as surface parking lots,
and that enhances space and
architecture;
(2) Building sites should locate Yes. *Yes.
service elements like trash
dumpster, loading docks, and
mechanical equipment away
from street front where possible.
When elements such as
dumpsters, utility meters,
mechanical units and service
areas cannot be located away
from the street front they should
be situated and screened from
view to street and adjacent
properties;
(3) Screen parking garage Yes.
*Yes.
City of Miami Page 4 of 13
Printed On: 11/7/2006
File Number: 06-00086mm
structures with program uses.
Where program uses are not
feasible soften the garage
structure with trellises,
landscaping, and/or other
suitable design element.
VII) Signage and Lighting:
(1) Design signage appropriate Yes. *Yes.
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes. *Yes.
feature to the building facade,
on and around landscape
areas, special building or
site features, and/or signage;
(3) Orient outside lighting to Yes. *Yes.
minimize glare to adjacent
properties;
(4) Provide visible signage Yes. *Yes.
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
(1) Preserve existing vegetation Yes. *Yes.
and/or geological features
whenever possible.
IX) Modification of Nonconformities:
(1) For modifications of Yes. *Yes.
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform Yes. *Yes..
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
*Compliance is subject to conditions.
City of Miami Page 5 of 13 Printed On: 11/7/2006
File Number: 06-00086mm
These findings have been made by the City Commission to approve this project with
conditions.
d. The PROJECT is expected to cost approximately $60,384,000, and to
employ approximately 323 workers during construction (FTE-Full Time Employees); the
PROJECT will also result in the creation of approximately 14 permanent new jobs (FTE).
The PROJECT will generate approximately $572,546 annually in tax revenues to the
City (2006 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the economy of the
City;
(2) the PROJECT will efficiently use public transportation facilities;
(3) any potentially adverse effects of the PROJECT will be mitigated
through compliance with the conditions of this Major Use Special Permit;
(4) the PROJECT will favorably affect the need for people to find
adequate housing reasonably accessible to their places of employment;
(5) the PROJECT will efficiently use necessary public facilities;
(6) the PROJECT will not negatively impact the environment and
natural resources of the City;
(7) the PROJECT will not adversely affect living conditions in the
neighborhood;
(8) the PROJECT will not adversely affect public safety;
(9) based on the record presented and evidence presented, the public
welfare will be served by the PROJECT; and
(10) any potentially adverse effects of the PROJECT arising from
safety and security, fire protection and life safety, solid waste, heritage conservation,
trees, shoreline development, minority participation and employment, and minority
contractor/subcontractor participation will be mitigated through compliance with the
conditions of this Substantial Amendment to Major Use Special Permit.
Section 6. The Major Use Special Permit, as approved and amended, shall
be binding upon the APPLICANT and any successors in interest.
Section 7. The application for Major Use Special Permit, which was
submitted on September 22, 2006, and on file with the Planning Department of the City
of Miami, Florida, shall be relied upon generally for administrative interpretations and is
incorporated by reference.
Section 8. The City Manager is directed to instruct the Planning Director to
transmit a copy of this Resolution and attachment to the APPLICANT.
Section 9. The Findings of Fact and Conclusions of Law are made with
respect to the Project as described in the Development Order for the PROJECT,
incorporated within.
Section 10. The Major Use Special Permit Development Order for the
PROJECT is granted and issued.
Section 11. In the event that any portion or section of this Resolution or the
Development Order is determined to be invalid, illegal, or unconstitutional by a court or
City of Miami Page 6 of 13 Printed On: 11/7/2006
File Number: 06-00086mm
agency of competent jurisdiction, such decision shall in no manner affect the remaining
portions of this Resolution or Development Order which shall remain in full force and
effect.
Section 12. The provisions approved for this Major Use Special Permit, as
approved, shall commence and become operative thirty (30) days after the adoption of
the Resolution.
Section 13. This Major Use Special Permit, as approved, shall expire two (2)
years from its commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its
adoption and signature of the Mayor.'-/
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 9, 13, 17 and 22 of Ordinance No.
11000, the Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning
Ordinance"), the Commission of the City of Miami, Florida, has considered in a public
hearing, the issuance of a Substantial Amendment to Major Use Special Permit for
Lima, (hereinafter referred to as the "PROJECT") to be located at approximately 2919
and 2937 Biscayne Boulevard, and 330 NE 30th Street, Miami, Florida (see legal
description on "Exhibit A", attachedand incorporated), is subject to any dedications,
limitations, restrictions, reservations or easements of record.
After due consideration of the recommendations of the Planning Advisory Board and
after due consideration of the consistency of this proposed development with the Miami
Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT,
and subject to the following conditions approves the Major Use Special Permit and
issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed project with a height of approximately 490 feet is a mixed use
development to be located at approximately 2919 and 2937 Biscayne Boulevard, and
330 NE 30th Street, Miami, Florida. The PROJECT is located on a gross lot area of
approximately 2.39± acres and a net lot area of approximately 1.38± acres of land (more
specifically described on "Exhibit A", incorporated herein by reference). The remainder
of the PROJECT's Data Sheet is attached and incorporated as "Exhibit B".
1/
If the Mayor does not sign this Resolution, it shall become effective at the end of
ten calendar days from the date it was passed and adopted. If the Mayor vetoes
this Resolution, it shall become effective immediately upon override of the veto
by the City Commission.
City of Miami Page 7 of 13 Printed On: 11/7/2006
File Number: 06-00086mm
The original project had a height of approximately 473-foot and the proposed
substantial amendment approximate height is 490 feet, 43-story high mixed use structure
to be comprised of approximately 206 total multifamily residential units with recreational
amenities; approximately 3,202 square feet of new retail space; in addition to existing
11,473 sq. ft. (retail) and existing 30,430 sq. ft. (office) uses; and approximately 402 total
parking spaces; providing for certain floor area ratio ("FAR") bonuses.
The Major Use Special Permit Application for the PROJECT also encompasses
the following lower ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701. Definition (9), and
ARTICLE 5. Section 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 approximately 41,563.60 square feet of floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for a
residential development involving two hundred six (206) units;
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 620.3.1, to allow erection of a
new building in SD-20 EDGEWATER OVERLAY DISTRICT;
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 in dimensions of two (2) loading berth
dimensions as follow:
Required: four (4) 12' wide x 35' long x 15' high
Propose to be reduced: Two (2) 12' wide x 35' long x 15' high
Propose to be provided: Two (2) 10' wide x 20' long x 15' high
Total to be proposed: Two (2) 10' wide x 20' long x 15' high
Two (2) 12' wide x 35' long x 15' high
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Sub -section 908.2, for access from a
public street roadway with driveway greater than twenty five (25) feet in width;
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 620.4, to allow for outdoor
dining and drinking establishments;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Class II Special Permit
required for waived of design standard and guidelines to allow a waiver of City of Miami
Off-street Parking Guides and Standards requirement of one (1) additional foot in stall
dimension where the side of any stall abuts a wall, column, fence, building, or other
physical obstruction, to allow the minimum stall width dimension of 8'-6" from face of any
obstruction to center line of the striping for approximately (1 %) of 402 parking spaces
provided;
City of Miami Page 8 of 13 Printed On: 11/7/2006
File Number: 06-00086mm
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -Section 917.3.2
Application of City of Miami Guides & Standards to location, improvement, and
landscaping of offstreet parking facilities, to allow a surface parking spaces;
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 927. Temporary structures,
occupancies, and uses during construction, criteria for special permits, to allow
temporary 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 PERMIT, as per, ARTICLE 9, Section 906, Sub -Section 906.9.
Temporary 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 ceremonies;
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
groundbreaking ceremonies;
CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 918, Sub -Section 918.2.
Temporary off-street offsite parking for construction crews, criteria, to allow temporary
off-street offsite parking for construction crews working on a commercial -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, trailers or
manufactured homes, when authorized for security or other purposes in connection 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 10.6, Sub -Section 10.5.4.3 (1)
C-1 Restricted Commercial District to allow temporary development sign;
Note: Commercial advertising shown on hearings plans are not part of this Major Use
Special Permit application for approval.
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
reading 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 MAJOR USE SPECIAL PERMIT, that the following conditions
be required at the time of issuance of Shell Permit instead of at issuance of Foundation
Permit;
- The requirement to record in the Public Records a Declaration of Covenants and/or
Restrictions providing that the ownership, operation and maintenance of all common
City of Miami Page 9 of 13 Printed On: 11/7/2006
File Number. 06-00086mm
areas and facilities will be by the property owner and/or a mandatory property owner
association;
- And the requirement to record in the Public Records a Unity of Title or a covenant in
lieu of a Unity of Title.
Pursuant to Articles 5, 9, 13, 17 and 22 of Zoning Ordinance 11000, approval of
the requested Substantial Amendment to 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.
The PROJECT shall be constructed substantially in accordance with plans and
design schematics on file prepared by Kobi Karp Architecture & Interior Design, Inc.,
dated October 2, 2006; the landscape plan shall be implemented substantially in
accordance with plans and design schematics on file prepared by Urban Resource
Group, dated August 2, 2006; said design and landscape plans may be permitted to be
modified only to the extent necessary to comply with the conditions for approval imposed
herein; all modifications shall be subject to the review and approval of the Planning
Director prior to the issuance of any building permits; and
The PROJECT conforms to the requirements of the C-1 (Restricted Commercial)
with SD-20.1 (Biscayne Boulevard Edgewater Overlay) zoning classification, as
contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida,
as amended. The existing comprehensive plan future land use designation on the
subject property allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR
SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL
COMPLY WITH THE FOLLOWING:
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
responsibility, building development process and review procedures, as well as specific
requirements for fire protection and life safety systems, exiting, vehicular access and
water supply.
City of Miami Page 10 of 13 Printed On: 11/7/2006
File Number. 06-00086mm
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
Contractor/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
mandatory 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
includes 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 approval 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
developed or provided, the applicant shall provide the Planning Department with all
subordinate Class I Special Permit plans and detailed requirements for final review and
approval 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
development order or captioned in the plans approved by it.
10) Obtain approval from, or provide a letter from Miami -Dade Aviation
Department indicating that the proposed height of 489-feet and 8-inches is in compliance
with all the concerns of the Department prior to the obtainment of a shell permit.
11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) The applicant shall reconfigure the
vehicular circulation so that all entrances are from NE 30th Street or NE 4th Avenue; (b)
Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the
vehicular areas by providing a sidewalk with a consistent pattern and height that
continues across vehicular areas; (c) Vehicles shall rise to the sidewalk level with
ramping beginning at the outer edge of the curb, with the ramp slope being the
City of Miami Page 11 of 13 Printed On: 11/7/2006
File Number: 06-00086mm
maximum allowed by Public Works; (d) The plaza should not include a driveway to
Biscayne Boulevard; (e) The concrete sidewalk along Biscayne Boulevard should be
continued to the face of the building to provide a wide sidewalk; (f) the parking pedestal
louver screening and the aluminum balcony railings will need to match the concrete
facade of the Technomarine Building in color and pattern — not material.
12) If the project is to be developed in phases, the Applicant shall submit an
interim plan, including a landscape plan, which addresses design details for the land
occupying future phases of this Project in the event that the future phases are not
developed, said plan shall include a proposed timetable and shall be subject to review
and approval by the Planning Director.
13) A development bonus to permit a mixed use of 51,955 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of $12.40
per square foot = $644,242.
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.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date
of its issuance; the issuance date shall constitute the commencement of the thirty (30)
day period to appeal from the provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami
Comprehensive Neighborhood Plan, as amended, is consistent with the orderly
development and goals of the City of Miami, and complies with local land development
regulations and further, pursuant to Section 1703 of the Zoning Ordinance:
(1) the PROJECT will have a favorable impact on the economy of the City;
and
(2) the PROJECT will efficiently use public transportation facilities; and
(3) the PROJECT will favorably affect the need for people to find adequate
housing reasonably accessible to their places of employment; and
(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural
resources of the City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be mitigated through
conditions of this Major Use Special Permit.
City of Miami Page 12 of 13 Printed On: 11/7/2006
File Number: 06-00086mm
The proposed development does not unreasonably interfere with the
achievement of the objectives of the adopted State Land Development Plan applicable
JORGE L. FERNANDEZ
CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 13 of 13 Printed On: 11/7/2006