HomeMy WebLinkAboutLoft 3 MUSPPLANNING FACT SHEET
LEGISTAR FILE ID: 07-00199mu March 7, 2007 Item # 3
APPLICANT Javier F. Avirio, Esquire, on behalf of TRG-Downtown Lofts III,
Ltd., contract purchaser and Rafael Kapustin, as Trustee, Colon
Building, Inc. and Metropol Building, Inc.
REQUEST/LOCATION Consideration of a Major Use Special Permit for the Loft 3
project, located at approximately 201 and 229 NE 2 Avenue and
200 NE 3 Street. [Downtown NET District]
COMMISSION DISTRICT 2
ZONING DISTRICT(S) Existing: CBD (Central Business District Commercial)
SITE AREA 1.00± acres (Gross) and 0.62± acres (Net)
LEGAL DESCRIPTION See supporting documentation
PETITION
Consideration of a Resolution, approving with conditions, a Major
Use Special Permit pursuant to Articles 9, 13 and 17 of Zoning
Ordinance No. 11000, as amended, for the Loft 3 project, to be
located at approximately 201 and 229 NE 2 Avenue and 200 NE
3 Street, Miami, Florida, to construct an approximate 398-foot,
31-story high mixed use structure to be comprised of
approximately 495 total multifamily residential units with
recreational amenities; approximately 14,000 square feet of retail
space; and approximately 14 total parking spaces for retail.
PLANNING
RECOMMENDATION APPROVAL with conditions
BACKGROUND AND
ANALYSIS See supporting documentation
PLANNING ADVISORY BOARD VOTE:
CITY COMMISSION
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1500
Date Printed: 2/27/2007 Page 1
ANALYSIS
MAJOR USE SPECIAL PERMIT
for
LOFT 3
located at approximately
201 and 229 NE 2 Avenue and 200 NE 3 Street
LEGISTAR FILE ID: 07-00199mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Loft 3 project, located at approximately 201 and
229 NE 2 Avenue and 200 NE 3 Street, Miami, Florida, has been reviewed to allow a
Major Use Special Permit per Articles 9, 13 and 17, to construct an approximate 398-
foot, 31-story high mixed use structure to be comprised of approximately 495 total
multifamily residential units with recreational amenities; approximately 14,000 square
feet of retail space; and approximately 14 total parking spaces for retail.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), to
allow a residential development involving in excess of two hundred (200 dwelling units;
The Major Use Special Permit encompasses the following Special Permits:
CLASS II SPECIAL PERMIT, as per, ARTICLE 4, Section 401, Class II Special Permits,
to allow erection of any new building in CBD district;
CLASS II SPECIAL PERMIT, as per, ARTICLE 4, Section 401, Class II Special Permits,
to allow a waiver of the required five-foot setback on lots which have less than two
hundred (200) linear feet o frontage on a given street;
CLASS II SPECIAL PERMIT, as per, ARTICLE 4, Section 401, Off -Street Parking
Requirements, to allow off -site parking for non residential uses;
CLASS II 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 II SPECIAL PERMIT, as per, ARTICLE 9, Section 917, Sub -Section 917.1.1,
Parking maneuvers on public streets or sidewalks prohibited; backing into an alley by
Class II Special Permit; exceptions, to allow maneuvering on public street (N.E. 2nd
Street) of four (4) loading trucks;
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 ceremony;
07-00199mu
Page 1 of 6
CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 916, Sub -Section 916.2.1.
Temporary special event parking, to allow parking for temporary special event such as
ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 918, Sub -Section 918.2.
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 10.5, Sub -Section 10.5.4.5,
CBD-Central Business District Commercial, Temporary Signs (3), to allow temporary
development signs;
Pursuant to Articles 9, 13 and 17 of Zoning Ordinance 11000, approval of the
requested Major Use Special Permit shall be considered sufficient for the subordinate
permits requested and referenced above as well as any other special approvals required
by the City which may be required to carry out the requested plans.
In determining the appropriateness of the proposed project, the Planning
Department has referred this project to the Large Scale Development Committee
(LSDC) and the Planning Internal Design Review Committee for additional input
and recommendations; the following findings have been made:
• It is found that the proposed development project will benefit the area by creating
additional commercial and residential opportunities in the Downtown NET District,
located north of NE 2nd Avenue between NE 2nd Avenue and NE 3`d Avenue.
• It is found that the subject property is located in the "North City of Miami" plats within
the City.
• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the subject property is CBD (Central Business District
Commercial).
• It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Miami, Florida, the existing Future Land Use category for the subject property is
"Central Business District".
• 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 residential density of the project (495 units at 798 units
per net acre) is below the maximum 620 units (1000 units per net acre) on the
.0.620± net acre site.
07-00199mu
Page 2 of 6
It is found that the total allowable combined floor area without bonuses for the 1.0±
gross acre site at a Floor Area Ratio (FAR) is unlimited. The project as proposed is
requesting for a total proposed FAR of 446,208 square feet.
It is found that the maximum height of the proposed structure is approximately 398
feet. Pursuant to Article 4, Section 401, there are no height limits in the existing
CBD zoning district.
It is found that the proposed open space for the project (4,375 sq. ft.) is in
compliance with the minimum required open space (4,375 sq. ft. at 10% GLA) for
this project.
It is found that the proposed total number of parking spaces (approximately 14) for
the commercial portion of the project is in compliance with the Off -Street parking
spaces requirements for non residential uses to be parked in a municipal garage;
more specifically, in the Miami Parking Authority Municipal Garage No.3.
It is found that the project is expected to cost approximately $191,819,966, and to
employ approximately 342 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 6 permanent new jobs
(FTE) for building operations and will generate approximately $1,229,242 annually in
tax revenues to the City (2007 dollars).
It is found that the proposed project was reviewed by the Internal Design Review
Committee on December 5, 2006, and the following comments were made:
Parking; (1) Articulate the pedestrian sidewalk to give dominance to the pedestrian
realm over the vehicular areas; (2) Provide a sidewalk with consistent pattern and
height across vehicular areas; (3) 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.
It is found that on December 14, 2006, the Miami -Dade Aviation Department
provided a Height Analysis review of the proposed project and found that it conforms
to the Miami -Dade County Height Zoning Ordinances at that location as long as; (1)
FAA determines that the construction of the building at 415 feet AMSL will not
diminish or affect the safety, efficiency or capacity of the Miami International Airport
in any way; (2) FAA issues a "Determination of NO Hazard" for this project; Any
proposed construction exceeding 623 feet (AMSL) requires the applicant to file with
the Federal Aviation Administration (FAA) Form 7460-1, "Notice of Proposed
Construction Alteration for Determination of Known Hazards". In addition,
construction cranes for this project exceeding 200 feet (AMSL) in height must be
filed using the same form.
It is found that on December 19, 2006, the City of Miami Public Works Department
provided a review of the project and commented that the following street
improvements shall be required: (1) NE 2nd Avenue — Construct new sidewalk and
curb and gutter type "F" and pavement on both sides of the Avenue between N.E.
2"d and 3` Street and mill and resurface the asphalt pavement for the full width of
the roadway; (2) — N.E. 2nd Street —Replace all broken and damaged sidewalk, curb
and gutter on both sides of the roadway adjacent to the project site. Construct new
sidewalk and curb and gutter type "F" following 25' corner radius. Mill and resurface
07-00199mu
Page 3 of 6
the entire width, curb to curb adjacent to the project site. Approval of the
Public Works Director is required for the non-standard improvements in the right of
way; (3) — NE 3rd Street —Replace all broken and damaged sidewalk, curb and gutter
type "F" following the 25' corner radius. Mill and resurface the entire width, curb to
curb adjacent to the project site. Approval of the Public Works Director is required
for the proposed street brick work and maintenance covenant shall be required for
the non-standard improvement in the right of way.
• It is found that Miami -Dade Public Schools provided a preliminary review of the
project on December 19, 2006. The student population generated by this
development is estimated at 109 students. The schools serving this area of
application are Riverside Elementary-143% Florida Inventory School Houses (FISH)
Capacity and Frederick Douglas Elementary— 77% Florida Inventory School Houses
(FISH) Capacity (52 students for the above mentioned schools); Jose Diego Middle
(24 students) — 89% FISH; and Booker T. Washington Senior High (33 students) —
70% FISH. Pursuant to the interlocal agreement, only Frederick Douglass
Elementary, Jose Diege Middle and Booker T. Washington Senior meet review
threshold of 115%.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on January 17, 2007, which recommended
Approval with Conditions (UDRB Reso. 1-17-07-2).
• It is found that on January 19, 2007, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #172) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient.
• It is found that with respect to all additional criteria as specified in Section 1305.2 of
Zoning Ordinance 11000, the proposal has been found to adhere to the following
Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and
Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and
Open Space; (5) Screening; (6) Signage and lighting; (7) Preservation of Natural
Features; and (8) 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.
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.
07-00199mu
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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 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) 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.
11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) Articulate the pedestrian sidewalk to
give dominance to the pedestrian realm over the vehicular areas; (b) Provide a sidewalk
with consistent pattern and height 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.
07-00199mu
Page 5 of 6
12) Pursuant to comments by the City of Miami Public Works Department, the
following conditions shall be required of the applicant: (1) NE 2nd Avenue — Construct
new sidewalk and curb and gutter type "F" and pavement on both sides of the Avenue
between N.E. 2nd and 3rd Street and mill and resurface the asphalt pavement for the full
width of the roadway; (2) — N.E. 2nd Street —Replace all broken and damaged sidewalk,
curb and gutter on both sides of the roadway adjacent to the project site. Construct new
sidewalk and curb and gutter type "F" following 25' corner radius. Mill and resurface the
entire width, curb to curb adjacent to the project site. Approval of the Public Works
Director is required for the non-standard improvements in the right of way; (3) — NE 3rd
Street —Replace all broken and damaged sidewalk, curb and gutter type "F" following
the 25' corner radius. Mill and resurface the entire width, curb to curb adjacent to the
project site. Approval of the Public Works Director is required for the proposed street
brick work and maintenance covenant shall be required for the non-standard
improvement in the right of way.
13) The applicant shall record a covenant, subject to review and approval by the
city attorney, within sixty (60) days of the effective date of this resolution, which states
that in the event that this Major Use Special Permit expires or is abandoned, any future
development of the subject properties shall require design review and approval by the
Planning Director, utilizing the same criteria as the original Major Use Special Permit.
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.
07-00199mu
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FUTURE LAND USE
CENTRAL. BUSINESS z
m
N
` Z
0
0 150 300
500 Feet
I
RESTRICTED
COMMERCIAL
n,,
ADDRESS: LOFT 3-MUSP
ZONING ATLAS MAP
0 150 300
600 Feet
ADDRESS: LQFT3-MUSP
No. Name
Projects in the Vicinity
Loft 3
07-00199mu
Floors
Units Status
1. Park Suites at 50 Biscayne
2. Empire World Towers
3. Everglades on the Bay
'4. Loft2
5. Bayview Market
55 523 Under Construction
106 1778 Preliminary
32 866 Under Construction
35 496 Under Construction
5 24 Approved
07-0199mu - Projects in the Vicinity Loft3
MIAMI INTERNATIONAL. AIRPORT
Commercial Airport:
Miami International Airport
General Aviation Airports:
Dade -Collier Training & Transition
Homestead General
Kendall-Tamiami Executive
Opa-locka
Opa-locka west
Mr. Luis M. Castellon
The Related Group of Florida
315 South Biscayne Blvd.
Miami, FL 33131
0 RECFI`1E0
PLANNING DEPART MEN 1
Z006 DEC 26 Pt4 2: 46
December 14, 2006
RE: Height Analysis for the Project Loft HI,
located at 201 N.E. 2 Avenue, Miami, Florida
Dear Mr. Castellon:
Miami -Dade Aviation Department
P.O. Box 592075
Miami, Florida 33159
T 305-876-7000 F 305-876-0948
www.miami-airport.com
miamidade.gov
The Miami -Dade Aviation Department (MDAD) has reviewed the above referenced project for a
height analysis. Our review finds that an assumed 415 ft AMSL (Above Mean Sea Level)
structure at this location conforms to the Miami -Dade County Height Zoning Ordinance.
This height determination is an estimate issued on a preliminary or advisory basis. It is
necessary to file with the FAA for the structure height stated above by using form 7460-1
`Notice of Proposed Construction Alteration for Determination of Known Hazards'. Any
construction cranes for this project must be filed by the construction contractor using the
same form. The form is available through this office or through the FAA website:
https://oeaaa.faa.gov. 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 .
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. The
FAA has its own airspace evaluation requirements, and issues airspace determinations for
structures and cranes based on the particular facts then presented before the FAA. The County's
Department of Planning and Zoning (P&Z) or the applicable municipal building official
determines whether the County's zoning requirements and height limitations are met,
and FAA determines whether FAA building, marking 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, as per the attached exhibits. 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. Luis M. Castellon
December 14, 2006
Page 2
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.
R.m.s, ' .A.
ief of Aviation Planning Section
JR/AH/cf
Attachments
cc: S Harman
A Herrera
Diane O'Quinn Williams, Department of Planning and Zoning
Al Torres, Department of Planning and Zoning
Damon Holness, Department of Planning and Zoning
Ana Gelabert-Sanchez, City of Miami
Roberto Lavernia, City of Miami
Antonio E. Perez, City of Miami
Earl Newalu, FAA
File Airspace
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO :
FROM
Ana Gelabert-Sanchez
Director
Planning Department
ao utd%\i
Stephanie N. Grindell, P.E.
Director
Public Works Department
DATE :
SUBJECT:
REFERENCES:
ENCLOSURES:
December 19, 2006
-o
FYNB:
v
Large Scale Development Revw
LOFT III `+'
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cn r=n
The Public Works Department has reviewed the Large Scale Development plans for the
LOFT III development located at 201 Northeast 2nd Avenue and has the following
comments.
1. N.E. 2nd Avenue is zoned 70 feet and an additional 10.0 feet of right of way
dedication is required along the avenue at lot 12 block 100 N. This
additional right of way dedication will significantly reduce the NET LOT
AREA and affect the required setbacks.
2. 25 foot corner radius dedication are required at the intersections of the
base building lines at N.E. 2nd Street and N.E. 3rd Street with N.E. 2nd
Avenue.
3. The proposed structure encroaches beyond the zoned right of way line
(base building line) of N.E. 2nd Avenue at N.E. 2nd Street and at N.E. 3rd
Street at the 25 foot corner radiuses. The proposed building is not
permitted to encroach beyond the base building line at any level, above or
below grade. Also, please adjust the doors at the retail spaces on the first
level, as shown they are encroaching into the public right of way.
4. An agreement between the City of Miami and the property owner is
required for any landscaping, decorative sidewalk, street brick work and
pavement treatment located in the public right of way. Public Works
approval and permit is required for any improvements in the right of way
including landscaping.
5. The proposed finish floor elevation of the building may be significantly
higher than the existing street grade. All transitions from the established
street profile grade to the building floor elevation must be accomplished
on private property. Stairs, ramps, retaining walls, etc. will not be
permitted in the public right of way and the record profile street grade can
not be changed to accommodate the proposed building ground floor
elevation.
6. Provide dimensions of the loading, parking spaces, back up distances,
trash area and the stalls. Standard parking spaces are 8.5 feet wide and 18
feet long and require a 23 foot back-up distance. A Special Class II permit
is required to reduce the back-up distance.
Ana Gelabert-Sanchez
Director
Planning Department
Page 2 of 3
RECEIVED
PLANNING DEPARTMEN
2006 DEC 2 I AM 9: 08
12/18/2006
7. City of Miami driveway entrances, in compliance with A.D.A. standards,
shall be required. Continuous pedestrian sidewalk is required across the
entrance/exit driveways and continuous pedestrian sidewalk with a
minimum width of 5 feet is required within the public right of way
abutting the project site.
8. All stormwater must be retained on site including the driveways, interior
courtyards and plazas on private property adjacent to the public streets.
All common areas, plazas and driveways must be graded or trench drains
provided to prevent "sheet flow" from entering the right of way. If deep
drainage wells are selected for stormwater disposal, they must be located
on -site in an open area to accommodate future maintenance access.
9. Public Works policy requires that no closures of vehicular travel lanes will
be permitted during the course of construction unless a temporary
replacement lane, approved by the Public Works Department, is
constructed and maintained by the Contractor throughout the duration of
the lane closure. A maintenance of traffic plan is required for any
temporary right of way closure request.
10. In order to mitigate traffic congestion and problems associated with
unregulated parking throughout the neighborhood, the
Contractor/Developer shall be required to provide approved, designated
off -site parking for workers and a shuttle service to the work site. The
parking/ shuttle plan shall be coordinated with the local City of Miami
NET Service Center.
11. Since this project is more than one acre in total construction area, the
methods of construction must comply with the City of Miami Municipal
Separate Storm Sewer Permit (MS4). This project will require a Florida
Department of Environmental Protection (DEP) Stormwater, Erosion and
Sediment permit. For information on a DEP permit application, please
contact our department at (305) 416- 1200 or
www. dep.state.fl.us/ water/ Stormwater/ rip des.
In addition to these comments, the Public Works Department will require the following
street improvements:
N. E. 2nd Avenue: Construct new sidewalk, curb and gutter type "F" and pavement on
both sides of the Avenue between N.E. 2nd and 3rd Street and mill and resurface the
asphalt pavement for the full width of the roadway.
N.E. 2nd Street: Replace all broken and damaged sidewalk, curb and gutter on both
sides of the roadway adjacent to the project site. Construct new sidewalk and curb and
gutter type "F" following the 25' corner radius. Mill and resurface the entire width, curb
to curb adjacent to the project site. Approval of the Public Works Director is required for
the proposed street brick work and a maintenance covenant shall be required for the
non-standard improvements in the right of way.
Ana Gelabert-Sanchez
Director
Planning Department
Page 3 of 3
12/ 18/ 2006
RECEIVED
PLANN$NG DEPARTMENT
1006 DEC 2 I Ali 9: 08
N.E. 3rd Street: Replace all broken and damaged sidewalk, curb and gutter on both
sides of the roadway adjacent to the project site. Construct new sidewalk and curb and
gutter type "F" following the 25' corner radius. Mill and resurface the entire width, curb
to curb adjacent to the project site. Approval of the Public Works Director is required for
the proposed street brick work and a maintenance covenant shall be required for the
non-standard improvements in the right of way.
In addition, pavement restoration for all water and sewer extensions, existing damaged
pavement and pavement damaged during construction, as determined by the City
inspector, shall include milling and resurfacing of the full pavement width, curb to curb,
along the entire length of the excavation and/or damaged pavement area. A thorough
cleaning of all stormwater drainage inlets and storm sewer pipes adjacent to the
building site shall be required at the completion of the project. Handicap ramps, in
compliance with ADA standards, are required at all street intersections adjacent to the
project site. The streets and avenues adjacent to the project site must be clear of dust and
construction debris at all times.
If you have any questions concerning these comments, please call Ms. Elyrosa Estevez,
Professional Engineer III, at (305) 416-1217.
SNG/ FM/ ee
c: COHEN • FREEDMAN • ENCINOSA & ASSOCIATES
Architects, P.A.
8085 N.W. 155 Street
Miami Lakes, Florida 33016
Stephanie Grindell, P.E., Director of Public Works
Francis Mitchell, P.E., Assistant Public Works Director
Roberto Lavernia, Chief of Land Development, Planning Department
Manuel A. Vega, P.E., Zoning Department
bc: Development and Roadway Plans
Central
**PRELIMINARY**
SCHOOL IMPACT REVIEW ANALYSIS
December 19, 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 PROPERTY'S ZONING CLASSIFICATION.
APPLICATION: Related Lofts III
(LSD Meeting January 3, 2007)
ZONING: CBD
REQUEST: Large Scale Development
ACRES: ±.69 net acres and 1.004 gross acres
LOCATION: 201 NE 2nd Avenue, Miami
MSA/
MULTIPLIER: 4.7 / .22 Multifamily
NUMBER OF
UNITS: 495 units
ESTIMATED STUDENT
POPULATION: 109
ELEMENTARY:
MIDDLE:
SENIOR HIGH:
52
24
33
SCHOOLS SERVING AREA OF APPLICATION
ELEMENTARY:
MIDDLE:
SENIOR HIGH:
Riverside Elementary — 1190 SW 2 Street
Frederick Douglass Elementary — 314 NW 12 Street
Jose De Diego Middle — 3100 NW 5 Avenue
Booker T. Washington Senior — 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 October 2006:
% UTILIZATION
% UTILIZATION NUMBER OF FISH DESIGN
FISH DESIGN FISH DESIGN PORTABLE CAPACITY
STUDENT CAPACITY CAPACITY STUDENT PERMANENT AND CUMULATIVE
POPULATION PERMANENT PERMANENT STATIONS RELCOATABLE STUDENTS"
Riverside 1,043 139% 139%
Elementary 1,069 * 749 143% 0 143% 1,976
Frederick 569 74% 74%
Douglass 772 0 1,453
Elementary 595 * 77% 77%
Jose De Diego 905 87% 87%
1,043 0 2,490
Middle 929 * 89% 89%
Booker T. 1,550 68% 68%
Washington 2,270 0 4,363
High 1,583 * 70% 70%
*Student population increase as a result of the proposed development
**Estimated number 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 Riverside Elementary meets the review
threshold.
PLANNED RELIEF SCHOOLS IN THE AREA
(Information included in proposed 5-Year Capital Plan, 2006-2010, dated November 2006)
Projects in Planning, Design or Construction
School Status
N/A
Proposed Relief Schools
School
N/A
Projected Occupancy Date
Funding year
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 $713,841.
CAPITAL COSTS: Based on the State's January 2007 student station cost factors*, capital
costs for the estimated additional students to be generated by the proposed development are:
ELEMENTARY 52 x 18,255 = 949,260
MIDDLE 24 x 19,713 = 473,112
SENIOR HIGH 33 x 25,606 = 844,998
Total Potential Capital Cost $2,267,370
*Based on Information provided by the Florida Department of Education, Office of Educational
Facilities Budgeting. Cost per student station does not include land cost.
January 19, 2007
"+SCE
PL, V
2007 JAN 2 4
Ms. Lilia I. Medina, AICP
Assistant Transportation Coordinator
City of Miami, Office of the City Manager/Transportation
444 SW 2nd Avenue (10th Floor)
Miami, Florida 33130
Re; Loft 3
Sufficiency Letter — W.O. # 172
Dear Ms. Medina:
iV .D
l'
PM 2:26
Via Fax and US Mail
Subsequent to our December 20, 2006 review comments for the subject project, we have
received a response letter and a revised site plan. The revised site plan shows the turning
radius of the delivery trucks dated January 16, 2007. Photocopies of the response letter and
site plan are attached herewith.
Please note that this particular project is located immediately adjacent to the 'Metromover' and
future 'Miami Streetcar' alignment and transit facilities. We recommend the applicant to explore
the feasibility of providing better pedestrian access to and from the transit facilities to promote
the use of public transportation.
At this time, we conclude that the traffic impact report along with the subsequent submittal
meets all the traffic requirements and the study is found to be sufficient.
Should you have any questions, please call Quazi Masood or me at 954.739.1881.
Sinc
U
Raj
Seni
on Southern
hanmug
r Traffic .' eer
Attachment
Cc;
Mr. Antonio E. Perez, Planner II, City of Miami Planning (Fax - 305.416.1443)
Mr. Manny A. Vega, Engineer 1, City of Miami Zoning (Fax - 305.416.1490)
Mr. Richard Garcia, P.E., RGA Inc. (Fax - 305.675.6474)
URS Corporation
Lakeshore Complex
5100 NW 33rd Avenue, Suite 150
Fort Lauderdale, FL 33309-6375
Tel: 954.739.1881
Fax: 954.739.1789
,iunara Garcia, P.E. 3P-675-6474
RICHARD GARCIA & ASSOCIATES, INC.
PHONE: (305) 595-7505 FAX: (305) 675-6474
RC0A
FAX TRANSMITTAL
TO:
Raj Shanmugam, P.E.
FROM:
Richard Garcia, P.E.
COMPANY: DATE:
URS 1/16/2007
FAX NUMBER:
954-739-1789
TOTAL NO. OF PAGES INCLUDING COVER:
18
PHONE NUMBER:
954-739-1881
SENDER'S REFERENCE NUMBER:
RE:
Downtown Loft Ill MUSP Responses
ICJ URGENT El FOR REVIEW 0 PLEASE COMMENT it AS REQUESTED ❑ PLEASE RECYCLE
Raj:
Attached herewith please find our responses and additional information to
address the comments offered by your office dated December 20m, 2006. Our
responses are enumerated in the same order provided.
1. Enclosed we have provided the turning path for the delivery trucks using
the AutoTURN software. Both left turn in and left turn out movements into
the site's delivery truck driveway were analyzed. Please note these
movements coincide with the one-way traffic direction.
2. The reason why there appears to be a significantly high volume of U-Turn
(139 vph) on the intersection of Biscayne Boulevard & NE 3rd Street is due
to the median on the North and South movements of Biscayne Boulevard.
This median provides dual lefts that are represented as U-Turns from the
northbound to the southbound.
3. The reason why there is no westbound traffic at Biscayne Boulevard and
NE 3rd Street is due the fact that these volumes were integrated into the
northbound left fuming movements coming from the south of Biscayne
Boulevard.
4. We apologize for the insufficient information provided for the site driveway
analysis. Additionally, we found errors on the evaluation for both, the north
and the south driveways. As such, we found it necessary to reevaluate the
level of service (LOS) for the proposed driveway entrances. Additionally,
we have provided the new LOS summary. Both driveways results were
maintained within a LOS of A. The site driveway analysis was determined
using the proposed intersection volumes. The north driveway volumes (on
NE 3rd Street) were determined by adding the westbound through and
southbound right (from NE 3rd Street/ NE 2dd Avenue) then subtracting the
left in volumes from the site traffic; the resulting calculations resulted
(288+198-25=461). Likewise in the south driveway (on NE 2nd Street), the
eastbound Left turn, eastbound thought volumes and eastbound right
tums (from NE 2nd Street/ NE 2nd Avenue) were added then subtracted by
the left in volumes from the site traffic; the resulting calculations resulted
(3+271+305-20=559). These correspond to the through volume at the
subject driveways.
5. We apologize for the missing data for the corridor analysis. We have
collected the ATR data on NE 3rd Street between Biscayne Boulevard and
NE 2nd Avenue. The capacity analysis was done for the Existing (without
site traffic) and proposed conditions (with background, committed and
site traffic) for the PM peak hour. As such, the results of the analysis find
that the levels of service thresholds are maintained within the LOS
standard of E.
Thank you for your help with this project.
Sincerely,
RICHARD GARCIA & ASSOCIATES, INC.
Richard Garcia, P.E.
LCU:I::.,,.
City of Miami
Legislation
Resolution
City Hall
600 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00199mu Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO
ARTICLES 9, 13 and 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR
THE LOFT 3 PROJECT, TO BE LOCATED AT APPROXIMATELY 201 AND 229 NE 2
ANENUE AND 200 NE 3 STREET, MIAMI, FLORIDA, TO CONSTRUCT AN
APPROXIMATE 398-FOOT, 31-STORY HIGH MIXED USE STRUCTURE TO BE
COMPRISED OF APPROXIMATELY 495 TOTAL MULTIFAMILY RESIDENTIAL
UNITS WITH RECREATIONAL AMENITIES; AND APPROXIMATELY 14 TOTAL
PARKING SPACES FOR RETAIL; 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 January 25, 2007, Javier F. Avino,Esquire, on behalf of TRG-
Downtown Lofts III, Ltd., contract purchaser and Rafael Kapustin, as Trustee, Colon
Building, Inc. and Metropol Building, Inc. (referred to as "APPLICANT"), submitted a
complete Application for Major Use Special Permit for Loft 3 (referred to as "PROJECT")
pursuant to Articles 9, 13 and 17 of Zoning Ordinance No. 11000, for the properties
located at approximately 201 and 229 NE 2 Avenue and 200 NE 3 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 January 3, 2007 to
consider the proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on January 17, 2007, to
consider the proposed project and recommended APPROVAL with Conditions; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on March 7,
2007 Item No. 3, following an advertised public hearing, adopted Resolution No. PAB *-*
by a vote of --- to --- (* *), recommending ---- with conditions as presented in 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 Major Use Special Permit
Development Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
City of Miami Page 1 of 11 Printed On: 2/27/2007
File Number: 07-00199mu
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 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, located at approximately 201 and 229 NE 2 Avenue and 200 NE 3 Street,
Miami, Florida, more particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of an approximate
398-foot, 31-story high mixed use structure to be comprised of approximately 495 total
multifamily residential units; approximately 14,000 square feet of retail space; and
approximately 14 total parking spaces for retail; 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 proposed CBD (Central Business
District) zoning classifications 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:
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. *No.
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.
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File Number: 07-00199mu
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.
IV) Streetscape and Open Space:
(1) Provide usable open space Yes. *No.
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. *No.
vehicular safety to minimize
conflict points;
City of Miami Page 3 of 11 Printed On: 2/27/2007
File Number: 07-00199mu
(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. *N/A.
as district buffer.
VI) Screening:
(1) Provide landscaping that Yes. *N/A.
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.
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. **N/A.
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes. **N/A.
feature to the building facade,
on and around landscape
areas, special building or
site features, and/or signage;
City of Miami Page 4 of 11 Printed On: 2/27/2007
File Number: 07-00199mu
(3) Orient outside lighting to Yes. **N/A.
minimize glare to adjacent
properties;
(4) Provide visible signage Yes. **N/A.
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. *N/A.
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform Yes. *N/A.
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
*Compliance is subject to conditions.
** Not applicable at this time.
These findings have been made by the City Commission to approve this project with
conditions.
d. The PROJECT is expected to cost approximately $191,819,966, and to
employ approximately 342 workers during construction (FTE-Full Time Employees); The
project will also result in the creation of approximately 6 permanent new jobs (FTE) for
building operations and will generate approximately $1,229,242 annually in tax revenues
to the City (2007 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;
City of Miami Page 5 of 11 Printed On: 2/27/2007
File Number: 07-00199mu
(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 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 January 25, 2007, 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
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. {1}
City of Miami Page 6 of 11 Printed On: 2/27/2007
File Number: 07-00199mu
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 9, 13 and 17 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 Major Use Special Permit for Loft 3 (hereinafter referred to as
the "PROJECT") to be located at approximately 201 and 229 NE 2 Avenue and 200 NE
3 Street, Miami, Florida (see legal description on "Exhibit A", attached and 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 is a mixed use development to be located at
approximately 201 and 229 NE 2 Avenue and 200 NE 3 Street, Miami, Florida. The
PROJECT is located on a gross lot area of approximately 1.00± acres and a net lot area
of approximately 0.62± acres of land (more specifically described on "Exhibit A",
incorporated herein by reference). The remainder of the PROJECTs Data Sheet is
attached and incorporated as "Exhibit B".
The proposed PROJECT will be an approximate 398-foot, 31-story high mixed use
structure to be comprised of approximately 495 total multifamily residential units with
recreational amenities, approximately 495 total multifamily residential units; approximately
14,000 square feet of retail space; and approximately 14 total parking spaces for retail.
The Major Use Special Permit Application for the PROJECT also encompasses
the following lower ranking Special Permits:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), to
allow a residential development involving in excess of two hundred (200 dwelling units;
The Major Use Special Permit encompasses the following Special Permits:
CLASS II SPECIAL PERMIT, as per, ARTICLE 4, Section 401, Class II Special Permits,
to allow erection of any new building in CBD district;
CLASS II SPECIAL PERMIT, as per, ARTICLE 4, Section 401, Class II Special Permits,
to allow a waiver of the required five-foot setback on lots which have less than two
hundred (200) linear feet o frontage on a given street;
CLASS II SPECIAL PERMIT, as per, ARTICLE 4, Section 401, Off -Street Parking
Requirements, to allow off -site parking for non residential uses;
City of Miami Page 7 of 11 Printed On: 2/27/2007
File Number: 07-00199mu
CLASS II 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 II SPECIAL PERMIT, as per, ARTICLE 9, Section 917, Sub -Section 917.1.1,
Parking maneuvers on public streets or sidewalks prohibited; backing into an alley by
Class II Special Permit; exceptions, to allow maneuvering on public street (N.E. 2"d
Street) of four (4) loading trucks;
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 ceremony;
CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 916, Sub -Section 916.2.1.
Temporary special event parking, to allow parking for temporary special event such as
ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 918, Sub -Section 918.2.
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 10.5, Sub -Section 10.5.4.5,
CBD-Central Business District Commercial, Temporary Signs (3), to allow temporary
development signs;
Pursuant to Articles 9, 13 and 17 of Zoning Ordinance 11000, approval of the
requested Major Use Special Permit shall be considered sufficient for the subordinate
permits requested and referenced above as well as any other special approvals required
by the City which may be required to carry out the requested plans.
Pursuant to Articles 9, 13 and 17 of Zoning Ordinance 11000, approval of the
requested Major Use Special Permit shall be considered sufficient for the subordinate
permits requested and referenced above as well as any other special approvals required
by the City which may be required to carry out the requested plans.
The PROJECT shall be constructed substantially in accordance with plans and
design schematics on file prepared by Cohen Freedman Encinosa & Assoc., signed and
dated January 29, 2007; the landscape plan shall be implemented substantially in
accordance with plans and design schematics on file prepared by Fuster Design
Associates, P.A. dated November 15, 2006; said design and landscape plans may be
City of Miami Page 8 of 11 Printed On: 2/27/2007
File Number. 07-00199mu
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.
The PROJECT conforms to the requirements of the proposed CBD Zoning
district (Central Business District) zoning classifications, as contained in the Zoning
Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The
proposed 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.
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.
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
City of Miami Page 9 of 11 Printed On: 2/27/2007
File Number: 07-00199mu
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 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) 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.
11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) Articulate the pedestrian sidewalk to
give dominance to the pedestrian realm over the vehicular areas; (b) Provide a sidewalk
with consistent pattern and height 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.
12) Pursuant to comments by the City of Miami Public Works Department, the
following conditions shall be required of the applicant: (1) NE 2nd Avenue — Construct
new sidewalk and curb and gutter type "F" and pavement on both sides of the Avenue
between N.E. 2nd and 3rd Street and mill and resurface the asphalt pavement for the full
width of the roadway; (2) — N.E. 2nd Street —Replace all broken and damaged sidewalk,
curb and gutter on both sides of the roadway adjacent to the project site. Construct new
sidewalk and curb and gutter type "F" following 25' corner radius. Mill and resurface the
entire width, curb to curb adjacent to the project site. Approval of the Public Works
Director is required for the non-standard improvements in the right of way; (3) — NE 3rd
Street —Replace all broken and damaged sidewalk, curb and gutter type "F" following the
25' corner radius. Mill and resurface the entire width, curb to curb adjacent to the project
site. Approval of the Public Works Director is required for the proposed street brick work
and maintenance covenant shall be required for the non-standard improvement in the
right of way.
13) The applicant shall record a covenant, subject to review and approval by the
city attorney, within sixty (60) days of the effective date of this resolution, which states
that in the event that this Major Use Special Permit expires or is abandoned, any future
City of Miami Page 10 of 11 Printed On: 2/27/2007
File Number: 07-00199mu
development of the subject properties shall require design review and approval by the
Planning Director, utilizing the same criteria as the original Major Use Special Permit.
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.
The proposed development does not unreasonably interfere with the
achievement of the objectives of the adopted State Land Development Plan applicable
to the City of Miami.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
..Footnote
{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 11 of 11 Printed On: 2/27/2007
Exhibit "A"
LEGAL DESCRIPTION:.
The North 100 feet of Lots 11 & 12, Block 100 of NORTH CITY OF MIAMI, according to the -plot thereof, os
recorded in Plat Book.-B of Page 41, of the. Public Records of Miami -Dads County, Florida.
and
The South 50 feet of Lots 11 and 12 in Block 100 of NORTH. CITY OF MIAMI, according to the plot thereof, as
recorded in Plot Book B of Page 41, of the Public Records of Miami -Dade County, Florida.
and
The East 40 feet of Lot 13 and all of Lot 14, Block 100 of NORTH CITY Or MIAMI, according to the plat
thereof, as recorded in Plat Book B at Page 41, of the Public Records of Miami -Dade County, Florida.
PROJECT DATA
ZONING: CBD
UNITS ALLOWED: 1,000/ ACRE = 820 UNITS
UNITS PROVIDED: 495 UNITS
NET LOT AREA: 27,000 S.F. (.620 ACRES) (SEE SURVEY)
GROSS LOT AREA: 43,750 S.F. (1.004 ACRES) (SEE SURVEY)
SETBACKS
REQUIRED
FRONT V -0"
(NE 2nd St 3rd sr)
INTERIOR SIDE
STREET SIDE
(NE End AVE)
BUILDING HEIGHT
ALLOWED
PROVIDED
HIGHEST ELEMENT
LOT COVERAGE
PROVIDED
OPEN SPACE
PROPOSED
0' 17'-O" WAIVED BY
5'-0" 8" — CLASS A PERMIT
(CBD)
UNLIMITED
360'-0" (371'-0" N.G.V.D.)
396'-0" (409"-0" N.G.V.D.)
19,588 S.F.
MIN. REQUIRED: .10 X GROSS LOT AREA = 4,37
PROVIDED: GROUND LEVEL = 4,
S.F.
0 S.
315,
RESIDENTIALQRECREATIONAL SPACE:
REQUIRED: 1-S.F. PER EVERY 50 S.F.
OVER 50,000 S.F. OF FLOOR AREA
446,206 - 50,000/50 = 7,924 S.F.
C PROVIDED:
GROUND LVL
REC DECK
TOTAL
GROUND LEVEL RETAIL
RETAIL 14,000 S.F.
F.A.R. CALCULATIONS
ALLOWED UNLIMITED
INDICATED:
LEVEL 1
LEVEL 2
LEVEL 3RD-26TH
LEVEL 27TH
LEVEL 28TH-32ND •
TOTAL
2,700 S.F.
7.982 S.F.
10,682 S.F.
0
12.749 S.F.
24x15,810=379,440 S.F.
13.369 S.F.
5x8,130-40,650 S.F.
448.208 S.F.
NOTE:
AREAS NOT INCLUDED IN FAR CALCULATIONS ARE
AS FOLLOWS : GENERAL ADMINISTRATION, TRASH
ROOM. RETAIL SPACE. MECHANICAL/ ELECTRICAL
SERVICE SPACES, HEALTH CLUB, CLUB ROOMS,
ALL ELEVATOR AND STAIR SHAFTS. (PER CITY OF
MIAMI ZONING CODE. PAGE 697)
LOADING
REQUIRED! (4) 12' X 35' X 15' BERTHS
PROVIDED: (4) LE X 36' X 15' BERTHS
Exhibit "B"
PARKING AS PER ZONmG ORDINANCE DI COD
WAIVING REQ'D PARKING IP W/54 000'
REQUIRED: RE`IIEN" L L 0 SPACES 0P RAPID TRANSIT STATION
RETAIL 14 SPACES
PROVIDED: RESIDENT/AL 0 SPACE9
RETAIL 14 PROVIDED OFFSTTC (SEE LLZCENSING ACREEIIENT
BaTREEN LOFTS DI AND ,RAID
PARKING AUTHORITY BY CLASS R)
UNIT
TYPBS
sCQQ
PT
LEVELS ,
1ST
2ND
3RD-26TH
TN 27
28TH(REC)
29TH-315T
32ND(PH)
TOTAL
Al
634
-
-
2(24)-48
-
t
I (3)-3
1
53
Ale
794
-
-
-
l
-
-
-
1
A2
no
_
2
_ 2(24)-4d
1
1
I(3)-3
1
56
A3
676
-
6
6(24)-192
4
2
4(3)-I2
4
220
81
900
-
1
2(24)-48
1
-
1(3)-3
1
54
B2
1086
-
4
4(24)-96
2'
1
2(3)-0
2
111
TOTAL
-
l3
432
9 -
5
27
9
495
SALABLE SQ. FOOTAGE
LEVEL 1 (RETAIL)
LEVEL 2 (CLUB LEVEL) 10.390 S.R.
LEVEL 3-26 24F X 14.114 S.P. - 3313,736 3.1".
LEVEL 27 7.217 S.F.
LEVEL 28 (REC. LEVEL) 3,715 S.F.
LEVEL 29-31 - 3P X 7,067 S.F.. 21.171 S.P.
LEVEL 32 7.057 S.P.
114.104 S.R. N.I.C. IN SALEABLE
388,486 S.P.
GROSS SQ. FOOTAGE (W/O BALCONIES)
LEVEL I (RETAIL)
LEVEL 2 (CLUB LEVEL) 16,669 S.P.
LEVEL 3-26 24F X 16,632 3.r. - 39908 S.P.
IEVE1 27 9,253 S.P,
LEVEL 28 (REC. LEVELL) 4952 S.P.
LEVEL 29-31 3F X 6.962 AP. - 26,858 SF.
LEVEL 32 V 6.952 S.F.
114.104 3.F. N.LC. D4 GROSS S.P. I
469,850. S.P.
NOTE: N.I.C. IN CROSS 3.P. (REC. DECX, ROOF,- SUB POOL) I
GROSS SQ. FOOTAGE (WITH BALCONIES)
LEVEL 1 (RETAIL)
LEVEL 2 (CLUB LEVEL) 19,715 S.F.
LEVEL 3-9 7r X 17,733 Sr - 124,13I S.F.
LEVEL 10-13 4F X 17,773 S.F. - 71.092 S.F.
LEVEL. 14-17 414 X 113,5213 3.F. - 75.312 S.F.
IEVEL 10-22 4F X 17.933 S.F. - 89,565 S.F. Ik
IEVBL 23-26 4F X 16.158 S.P. - 72.832 S.P. �,,.,
LEVEL 27 9,804 3.F.
LEVEL 28 (REC. LEVEL)
LEVEL 29-31 3F X 10.161 S.F. - 30,543 S.P. ,,.,
LEVEL 32 10,181 S. F.
14,104 S.F. N.I.C. IN CROSS S.F. (
' 512,562 S.F. PIy,ru.I
tIG,1 MIAMI
gOAADS
- r.Iw
I uI
NOTE: N.LC. IN CROSS S.F. REC. D'• ROOF,
GOVERNING CODES:
- FLORIDA BUILDING CODE 2004
- NFPA 101. 2003 EDITION
- FAIR HOUSING ACCESSIBILTY CODE 1996
- FLORIDA BUILDING CODE 2004 CHAPTER
(ACCESSIBILTY FOR PUBLIC AREAS)
CONSTRUCTION TYPE: TYPE 1
TYPE OF OCCUPANCY: R2
EDITION
11
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