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MAJOR USE SPECIAL PERMIT
for
ONE PROJECT
located at approximately
2340 SW 32nd Avenue, 3224 SW 23rd Street, 3232 SW 23rd Street, 3209 SW 23rd
Terrace, and 3219 SW 23rd Terrace
LEGISTAR FILE ID: 06-01847mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the One Project project, located at approximately 2340
SW 32nd Avenue, 3224 SW 23rd Street, 3232 SW 23rd Street, 3209 SW 23rd Terrace,
and 3219 SW 23rd Terrace, Miami, Florida, has been reviewed to allow a Major Use
Special Permit per Articles 5, 9, 13 and 17, to construct an approximate 112-feet to 25-
feet; to be comprised of approximately 4 residential units with recreational amenities;
approximately 148, 152 square feet of commercial space; and approximately 496 total
parking spaces; providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701. Definition (8), and
ARTICLE 9, Section 914, Sub -Section 914.1 Dwelling unit, square footage, and off-
street parking bonuses for contribution to Affordable Housing Trust Fund; exceptions, to
allow an increased up to seventeen (17) percent of additional floor area as a
development bonus of approximately 27,058.18 square feet, the user shall make a non-
refundable bonus developer contribution of an amount of $12.40 per square feet equal
to $ 335,521.43 to the Affordable Housing Trust Fund administered by the City of Miami;
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 to 20% increase of floor area ratio,
for an increase approximately 24,817.9 square feet of floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for
any increased development bonus pursuant to Section 914 of this ordinance;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -Section 917.14,
Sub -Section 917.14.1 Parking Lifts, Robotic and Mechanical parking systems,
Enactment No. 12758, to allow a mechanical, robotic, automated or parking lift system;
CLASS II SPECIAL PERMIT, as per ARTICLE 9. Section 923, Sub -Section 922.32.
Sub -Section 922.32.1. Reduction in stall dimensions by Class II Special Permit; criteria
and limitations on reductions, to allow reduction in dimensions of three (3) loading berth
dimensions as follow:
Required:
Propose to be reduced:
Propose to be provided:
Total to be proposed:
three (3) 12' wide x 35' long x 15' high
Three (3) 10' wide x 20' long x 15' high
Three (3) 10' wide x 20' long x 15' high
Three (3) 10' wide x 20' long x 15' high
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CLASS II SPECIAL PERMIT, as per ARTICLE 9. Section 917, Sub -Section 917.7.1.
Reduction in Parking Requirements for combinations of Commercial and office uses on
the same premises, to allow reduction to ten (10) percent of the total required spaces;
Required: 548 parking spaces.
Reduction: 496 parking space
Request of waived: 55 parking spaces
CLASS II SPECIAL PERMIT, as per Article 4 ZONING DISTRICTS, Section 401, to
permit an increased building footprint to six tenths (0.60) times the gross lot area;
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 15, Section 1512.Class II Special Permit
for Waiver of Design Standard and Guidelines, Sub -Section 1512.1(b). Criteria to be
considered in the granting of waivers of design standard and guidelines, to request a
waiver of Parking Guide and Standard, City of Miami for reduction of required backup
space for parking.
Required: 23 feet
Proposed: 22 feet
Request for waive: 1 feet
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 (4 %) of 496 parking spaces
provided;
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;
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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
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.
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 Coral Way NET District,
located at the southwest corner of SW 32nd Avenue and SW 23`d Street.
• It is found that the subject property is located in the "Amended Plat of Miami
Suburban Acres" plat within the Coral Way neighborhood of the City.
It is found that the proposed project is not located along a Primary Pedestrian
Pathway.
• It is found that the proposed project is not located within an Archeological
Conservation area.
It is found that the proposed residential density of the project (4 units at 10 units per
acre) is below the maximum 8.82 units at 18 units per acre on the .49± net acre site.
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• It is found that the total allowable combined floor area without bonuses for the 2.05±
gross acre site at a Floor Area Ratio (FAR) of 2.32 is 124,090 square feet. The
project as proposed is requesting a bonus of 20% PUD (24,817.9 sq. ft.) and 25%
Affordable Housing Trust Fund (27,058.18 sq. ft.) for a total allowable FAR of
175,965.60 square feet, of which 175,965.60 square feet is proposed.
• It is found that pursuant to Article 9, Section 914, Sub -Section 914.1, the proposed
project is requesting a development bonus of 27,058.18 square feet of additional
floor area, and shall make a non-refundable bonus developer contribution to the
Affordable Housing Trust Fund at amount of $12.40 per square foot for a total of
$335, 521.43.
• It is found that the maximum height of the proposed structure is approximately 112.5
feet. Pursuant to Article 4, Section 401 there are no height limits in the proposed
C-1 zoning district.
• It is found that the combined proposed open space for the project (10,257sq. ft.) is
slightly above the minimum required open space (10,257.80 sq. ft. at 15% for the
R-2 lots and10% of GLA for the C-1 lots) for this project.
• It is found that the proposed total number of parking spaces (approximately 496) for
the project is above the required minimum number of 493 parking spaces. Per
Section 914.2, the applicant is allowed a 10% reduction (54.8 spaces) from the
actual 548 total parking spaces required.
• It is found that the project is expected to cost approximately $40,000,000, and to
employ approximately 277 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 440 permanent new jobs
(FTE) for building operations and will generate approximately $390,962 annually in
tax revenues to the City (2006 dollars).
It is found that on August 8, 2006, the City of Miami Public Works Department
provided a review of the project and commented that: (1) NW 23rd Street — Construct
missing section of curb and gutter adjacent to the site. Construct new pavement in
missing parking lane and mill and resurface entire width of existing pavement
adjacent to the project site. Re -sod parkway and install new street trees as approved
by Public Works Department: (2) SW 32 Avenue - Replace all damaged sidewalk
curb and gutter adjacent to the project site. Due to narrow width of the sidewalk,
street trees are not permitted in the right-of-way. (3) SW 23 Terrace — Construct
curb and gutter and paved parking lane in accordance with City standards. Replace
all damaged sidewalk and mill and resurface entire width of roadway adjacent to the
project site. Construction of planters "bulb -outs", if approved by the Public Works
Department, will require construction of improvements to the stormwater drainage
system. 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 completion of the
project. The streets and avenues adjacent to the project site must be clear of dust
and construction debris all at times. Construct A.D.A. complaint handicap ramps at
both street intersections.
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• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on August 9, 2006. The student population generated by this
development is estimated at 3 students. The schools serving this area of application
are Frances S. Tucker Elementary (410 students) — 74% Florida Inventory School
Houses (FISH) Capacity with the proposed project; Ponce de Leon Middle (1,316
students) — 111% FISH; and Coral Gables Senior High (3,629 students) — 130%
FISH.
• Pursuant to the Interlocal Agreement, only Frances S. Tucker Elementary and
Ponce de Leon Middle meet the review threshold of 115%.
• It is found that on August 17, 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. Any proposed
construction exceeding 200 feet requires the applicant to file with the Federal
Aviation Administration (FAA) Form 7460-1, "Notice of Proposed Construction
Alteration for Determination of Known Hazards". In addition, construction cranes for
this project exceeding 200 feet in height must be filed using the same form.
• It is found that the Large Scale Development Committee reviewed the project on
September 6, 2006 to address the expressed technical concerns raised at said
Large Scale Development Committee meeting.
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on May 26, 2006, and the following revised pertinent comments were
made: Architecture — (1) The committee appreciates the efforts to scale the
building more appropriately, the current proposal with bonuses still seems out of
scale in height and massing with the streets and blocks within the neighborhood.
Consider revising the scheme of the project by not utilizing the maximum FAR,
and/or by continuing to configure the massing of the building to introduce step -backs
that will reduce the height and impact of this structure on the adjacent properties; (2)
Consider providing an enhanced level of public benefit and amenities to the
proposed mixed -use project; (3) The committee is concern with the amount of blank
walls fronting streets in the proposal. If providing windows along this walls is
unfeasible, please consider texture or other forms of treatment to help break down
the massing of these walls; Pedestrian Realm — (1) The amount and dimension of
the curb cuts proposed seems excessive; (2) Whenever possible, do not locate curb
cuts adjacent to each other.
• It is found that on September 18, 2006, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #164) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on September 20, 2006, which recommended
Approval (UDRB Reso. 9-20-06-7).
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• It is found that with respect to all additional criteria as specified in Section 1305.2 of
Zoning Ordinance 11000, the proposal has been found to adhere 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.
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.
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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 and Class II 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 and Class II 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) Revised the scheme of the project by
not utilizing the maximum FAR and/or configure the massing of the building to introduce
step -backs that will reduce the height and impact of this structure on the adjacent
properties; (b) Provide an enhanced level of public benefit and amenities to the
proposed mixed -use project; (c) Provide windows along the proposed blank walls and
when it is unfeasible, provide texture or other forms of treatment to help break down the
massing of these walls; (d) The amount and dimension of the curb cuts proposed are
excessive and need to be reduced.
12) Pursuant to comments by the City of Miami Public Works Department, the following
conditions shall be required of the applicant: (a) NW 23rd Street — Construct missing
section of curb and gutter adjacent to the site. Construct new pavement in missing
parking lane and mill and resurface entire width of existing pavement adjacent to the
project site. Re -sod parkway and install new street trees as approved by Public Works
Department; (b) SW 32 Avenue - Replace all damaged sidewalk curb and gutter
adjacent to the project site. Due to narrow width of the sidewalk, street trees are not
permitted in the right-of-way; (c) SW 23 Terrace — Construct curb and gutter and paved
parking lane in accordance with City standards. Replace all damaged sidewalk and mill
and resurface entire width of roadway adjacent to the project site. Construction of
planters "bulb -outs", if approved by the Public Works Department, will require
construction of improvements to the stormwater drainage system; (d) 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 completion of the project. The streets and avenues adjacent to the project
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site must be clear of dust and construction debris all at times. Construct A.D.A.
complaint handicap ramps at both street intersections.
13) Prior to the issuance of a building permit, the applicant shall submit a letter of
approval of the proposed height from the Miami -Dade County Aviation Department. If no
such approvals are granted, the height of the proposed project shall be reduced to those
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated August 17, 2006.
14) A development bonus to permit a mixed use of 27,058.18 square feet of floor
area shall require a non-refundable payment to the Affordable Housing Trust Fund of an
amount of $12.40 per square foot for a total of $335,521.43.
15) Within 90 days of the effective date of this Development Order, record a
certified copy of the Development Order specifying that the Development Order runs
with the land and is binding on the Applicant, its successors, and assigns, jointly or
severally.
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