HomeMy WebLinkAboutPAB Item 3 backup informationLEGISTAR FILE ID: 05-01049mm
APPLICANT
REQUEST/LOCATION
COMMISSION DISTRICT
ZONING DISTRICT(S)
SITE AREA
LEGAL DESCRIPTION
PETITION
PLANNING
RECOMMENDATION
BACKGROUND AND
ANALYSIS
PLANNING ADVISORY BOARD
CITY COMMISSION
PLANNING FACT SHEET
July 18, 2007 Item # 3
N. Patrick Range, Esquire, on behalf of BHG-79th St. LLC, and
Villa Patricia Phase III, LLC Lessees and Lubins Development
Corp., owner
Consideration of a Substantial Modification to a previously
approved Major Use Special Permit for Villa Patricia project,
located at approximately 234-242 NE 79th Street, 7811, 7815,
7823, 7827 and 7831 NE 2nd Avenue.
5
C-1(Restricted Commercial)
3.01± acres (Gross) and 2.42± acres (Net)
See supporting documentation
Consideration of a Substantial Modification to a previously
approved Resolution, approving with conditions, a Major Use
Special Permit pursuant to Articles 5, 13, 17 and 22 of Zoning
Ordinance No. 11000, as amended, for the Villa Patricia project,
located at approximately 234-242 NE 79th Street, 7811, 7815,
7823, 7827 and 7831 NE 2nd Avenue., Miami, Florida, to
construct a phase projects with structures of approximately 111-
foot, 12-story, 129 foot, 14-story and 93 foot, 10 story high to be
comprised of approximately 339 total multifamily residential units
with recreational amenities; approximately 1,300 square feet of
office space; approximately 2,207 square feet of retail space; and
approximately 254 total parking spaces; providing for certain floor
area ratio ("FAR") bonuses.
APPROVAL with conditions
See supporting documentation
VOTE:
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1500
Date Printed: 7/6/2007 Page 1
ANALYSIS
MAJOR USE SPECIAL PERMIT
for
VILLA PATRICIA
located at approximately
234-242 NE 79th Street; and 7811-7831 NE 2nd Avenue
FILE NO. 05-01049mm
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Villa Patricia project has been reviewed to allow a
Major Use Special Permit per Articles 5, 13, 17 and 22, located at approximately 234-
242 NE 79th Street; and 7811-7831 NE 2nd Avenue, Miami, Florida, to construct a multi-
phase project with structures of approximately 111 foot, 12 story, 129 foot, 14 story and
93 foot, 10 story high to be comprised of approximately 339 total multifamily residential
units with recreational amenities; approximately 1,300 square feet of office space;
approximately 2,207 square feet of retail space; and approximately 254 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 (9), and
ARTICLE 5. Section 502, PUD districts; minimum area, maximum densities and
maximum floor area ratios permitted (a)(c), to allow to 6.1% increase of floor area ratio,
for an increase approximately 13,785.09 square feet of floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for a
residential development involving three hundred thirty nine (339) units;
The Major Use Special Permit encompasses the following Special Permits and
Requests:
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 berths
dimensions in Phase III as follow:
Required: Two (2) 12' wide x 35' long x 15' high
Proposed: Two (2) 10' wide x 20' long x 15' high
CLASS II SPECIAL PERMIT, as per Article 9, Section 917.5, Parking requirements for
housing for the elderly (PHASE I, II and III), by Class II Special Permit; limitations, to
allow a reduction of required parking spaces to a minimum of one (1) parking space for
every two (2) dwelling units which in this case a minimum of One hundred Sixty Seven
(167) parking spaces shall be provided;
Required: 334 parking spaces (100%)
Proposed: 167 parking spaces (50%)
Request to be waived: 167 parking spaces (50%)
Page 1 of 6
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
Offstreet 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 the center line of the parking striping;
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 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
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 residential project under
construction, within R-4 or more permissive zoning district;
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 10.5.4.3 (1)
C-1 Restricted Commercial District, Temporary Signs (1), to allow temporary
development sign;
REQUEST as per Article 25, Section 2502 Definition, to be qualified as a phased project
by the Director of the Planning Department as established in Article 17, Section 1701
(11).
Pursuant to Articles 5, 13, 17 and 22 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.
Page 2 of 6
In determining the appropriateness of the proposed project, the Planning
Department originally referred this project to the Large Scale Development
Committee (LSDC) and resubmitted to 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 elderly residential opportunities in the Little Haiti NET District, located on
NE 79th Street one block east of NE 2nd Avenue.
• It is found that the subject property is located in the "John Hunter's Addition" Plat
within the Little River Central neighborhood of the City.
• It is found that the zoning designation of the property is C-1 (Restricted 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 property is "Restricted
Commercial".
• It is found that the residential density of the project (339 units at 140 units per acre)
is below the maximum 363 units (150 units per acre) on the 2.42± net acre site.
• It is found that the project is expected to cost approximately $86,436,166, and to
employ approximately 166 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 7 permanent new jobs
(FTE) and will generate approximately $443,162 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 July 3rd, 2007 and the following pertinent comments were made:
Architecture — (1) Provide all elevations of the proposed buildings including details
of and materials proposed to cover the garage openings on all sides of the garage;
(2) Provide and indicate how all vehicles and mechanical systems within the garage
will be concealed from view; This area shall be articulated so that vehicles are
completely hidden from public view; Landscaping/Streetscapes — (1) The portion
of the garage which is visible from NE 78th Street needs to be addressed. (2) FDOT
is currently proposing street improvements on NE 2nd Ave. Please design in
accordance to such improvement plans; (3) Submit a complete landscape plan that
specifies the species and proposed locations of all plant materials of all street trees.
• It is found that on June 1, 2005, the City's Traffic Consultant, URS Corp., provided a
review (W.O. #109) of the Traffic Impact Analysis submitted by the applicant and
has found the traffic analysis sufficient.
Page 3 of 6
• It is found that on June 7, 2005, 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. The proposed building height
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 on June 7, 2005, the City of Miami Public Works Department
provided a review of the project and commented that: (a) A portion of the building
site is unplatted property and easements are located throughout the site. Platting of
the property shall be required prior to obtaining building permits; (b) Applicant shall
replace all damaged and broken sidewalk, curb and gutter on both sides of NE 78th
Street and NE 2nd Avenue for the entire block; (c) Construct new sidewalk in the
additional 5 foot dedicated right of way.
• It is found that the Large Scale Development Committee reviewed the project on
June 14, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on July 20, 2005, which recommended Approval
(UDRB Reso. 7-20-05-11) with conditions
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on August 23, 2005, which stated that the requirements of the
Interlocal Agreement are not triggered since the proposed project is an Elderly
Housing Project. It is understood by the School Board is recommending that the City
of Miami require a land use covenant to be recorded against the property restricting
its use as elderly affordable housing for 50 years.
• It is found that with respect to all additional criteria as specified in Section 1305 of
Zoning Ordinance 11000, the proposal has been reviewed and found to be
adequate.
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
Page 4 of 6
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.
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) 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.
Page 5 of 6
11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) Provide all elevations of all the
buildings and details of the materials proposed to cover the garage openings for review
and approval of the Planning Director prior to the issuance of a building permit. (b)
Indicate how all vehicles and mechanical systems within the garage will be concealed
from view, and (c) A final landscape plan shall be submitted for review and approval of
the Planning Director prior to the issuance of a building permit.
12) Pursuant to comments by the City of Miami Public Works Department, the
applicant shall meet the following conditions: (a) Platting of the property shall be
required prior to obtaining building permits; (b) Applicant shall replace all damaged and
broken sidewalk, curb and gutter on both sides of NE 78th Street and NE 2nd Avenue for
the entire block; and (c) Construct new sidewalk in the additional 5 foot dedicated right
of way.
13) 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 6 of 6
Re
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NE 77TH STN
NE 76TH ST
FUTURE LAND USE MAP
creation
NE 76TH ST
NE 2ND AV
AV GNZ N
Min
Office
1
NE 80TH TER
Restricted Commercial
NE 79TH ST
0 150 300
I � I
600 Feet
7
General Commercial
Medium Density
Multifamily Residential-
M
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m
w
0I
n.
H
ST
NE 3RD CT
ADDRESS: 234-42 NE 79 ST, 7811, 7815, 7823, 7827 &
7831 NE 2ND AVE
0
I
150 300
I
ZONING ATLAS MAP
600 Feet
I
ADDRESS: 234-42 NE 79 ST, 7811, 7815, 7823, 7827 &
7831 NE 2ND AVE
0
1
150 300
I
600 Feet
1
ADDRESS: 234-42 NE 79 ST, 7811, 7815, 7823, 7827 &
7831 NE 2ND AVE
No. Name
Projects in the Vicinity
Villa Patricia
05-01049mm
Floors
Units
Status
1. LaFayatte
2. Villa Patricia
#-Indicates Mixed -Use Project with Re
19 306 Under Construction
14 339 Application
it and/or Office uses
05-11049mm - Projects in the Vicinity
•
•
•
06/01/2005 15:33 FAX
'ORS
June 1st 2005
URS
Ms. Ural. Medina, AICP
Assistant Traneportaiion Coordinator
City of Miami, Office of the City Manager/Transportation
444 SW 2id Avenue (10t" Floor)
Miami, Florida 33130
Ra: villa Patricia MUSP
Sufficiency Letter — WO. # 109
Via Fax and US Mat(
Dear Ms. Medina,
Subsequent to our May 27th, 2005 review comments for the subject project, we have
received a response letter dated June lit, 2005 prepared by Transport Analysis
Professionals Inc. (TAP). Photocopy of the response letter is attached herewith.
At this time, we conclude that the traffic Impact report along with the subsequent
submittal meet all the traffic requirements and the study Is found to be sufficient. Please
note that the applicant has proposed to mods" the signal timing/phasing combination at
the NE rl Avenue/NE 79th Street intersection. The applicant must coordinate with the
Miami Dade County Traffic Control and Signs Division to secure appropriate approval as
this project goes through the review process.
Should you have any questions please fell free to call Quazi Masood or me at
954.739.1881.
Sincerely,
u
on Southern
Raj 8hanmugam, ' .E.
Senior Traffic Engineer
Attachment
Cc: Mr. Kevin Watford, Planner I, city of Miami (Pax - 305.416.1443)
Mr. Richard P. Etchinger, TAP (Fax: 306.385.999T)
MS corporation
Lakeshore COmptoo
6100 NW >3rd Avows, Suits 160
Fat Lauderdale, FL 33309-8$75
Tee $E4.759.1981.
Fa1C OS4.739.1719
J002/013
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1.65658E50E SI:9I S00Z/II/L0
Page 1 of 2
•Walford, Kevin C
From: Daryl Vreeland [DVreeland@miami-airport.com]
Sent: Tuesday, June 07, 2005 1:40 PM
To: Walford, Kevin C; Slazyk, Lourdes Y.; Ferras, Jose; ajt@miamidade.gov; Lavernia, Roberto; Lavernia,
Roberto
Cc: Jose A Ramos; Manuel A. Rodriguez; Jeffrey R. Bunting
Subject: Villa Patricia
Mr. Walford:
• The Miami -Dade Aviation Department (MDAD) has reviewed the proposal dated April 8, 2005 for the Villa
Patricia project located near the SE corner of NE 79th Street and NE 2nd Ave. Our review finds that the
proposed 165 ft AGL structure conforms to the Miami -Dade County Height Zoning Ordinance.
Based on the above, MDAD has no objections 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
offec t the safety, efficiency or capacity of the Miami International Airport in any way
2) 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.
MDAD will reconsider its "no objection" determination should either of the above occur.
The applicant does not need to file with the FAA form 7460-1, `Notice of Proposed Construction Alteration
for Determination of Known Hazards' for the structure. However, construction cranes for this project exceeding
200 ft in height must be filed by the construction contractor using the same form. 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.
This height determination is an estimate issued on a preliminary or advisory basis. For a more accurate
determination, you may re -submit this information to us by providing latitude and longitude coordinates of the
footprint of the proposed structure in "degrees, minutes, seconds" format using a NAD83 projection with an
accuracy of three decimal places (for the `seconds' number).
Please note that the airspace review and approval 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.
The County's Department of Planning & Zoning (P&Z) enforces the County's height zoning provisions
(Section 33-340) which states that "all applications for permits made to appropriate municipal Building and
oning Departments or agencies for all construction...shall be approved by the [Miami -Dade Department of
Tanning 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
Page 2 of 2
t permit construction of a facility or use of a crane based on the particular facts then presented before the
AA. Only P&Z 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.
The City of Miami has the responsibility to ascertain that the proposed crane height is not a danger to aviation
navigation by confirming that the proposed crane height does not exceed the height stated by the FAA on the
"Determination of No Hazard" (if the crane is over 200ft high) for the crane and that the crane is properly
flagged, lighted,and otherwise marked according _to.. FAA_ _standards.
This determination is based, in part, on the description provided to us by the City of Miami, 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.
Should the applicant have any questions in obtaining and/or filling out FAA form 7460-1 or if 1 can be of any
further assistance, please feel free to contact me at 305-869-3834.
Respectfully,
Daryl Vreeland
Junior Aviation Planner
dikliami-Dade Aviation Department
hone: 305-869-3834
Fax: 305-876-7630
•
CITY OF MIAMI, FLORIDA
A
INTER -OFFICE MEMORANDUM
TO
FROM :
2005 JU ' - $ pm 4 : 32
Ana Gelabert-Sanchez
Director
Planning Department
Stephanie N. Grin ell, P.E.
Director
Public Works Department
DATE : June 7, 2005 FILE :
SUBJECT : Large Scale Development Review -
Villa Patricia
REFERENCES:
ENCLOSURES:
I have reviewed the Large Scale Development plans for the Villa Patricia located at
234-242 N.E. 79 Street and have the following comments.
1. A portion of the building site is unplatted property and easements are
located throughout the site. Platting of the property shall be required
prior to obtaining building permits. Five (5) feet of right of way dedication
is required along N.E. 79 Street and two (2) feet of right of way dedication
is required along N.E. 2 Avenue. Platting is a lengthy process and an early
investigation into this procedure is recommended.
2. Insufficient maneuvering space is provided for the two loading spaces
located on the east side of the project to permit exiting of the site without
backing into the right of way. Public Works recommends a
reconfiguration of the loading spaces to face east in a "T" type
arrangement. In addition to accommodating turning maneuvers, this
arrangement will require less pavement and provide more open space.
3. Florida Department of Transportation approval and permit is required for
the driveway onto N.E. 79 Street. Driveway shall conform to F.D.O.T.
standards.
4. The maximum driveway width is 40 feet. Standard City of Miami
driveway entrances, in compliance with A.D.A. standards, shall be
required on N.E. 78 Street.
5. All stormwater must be retained on site including the driveways and
plazas on private property adjacent to the public streets. All 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.
6. An agreement between the City of Miami and the property owner is
required for any landscaping and decorative sidewalk treatment located in
the public right of way. A Florida Department of Transportation permit is
required on N.E. 79 Street.
Ana Gelabert-Sanchez
Director
Planning Department
Page 2
June 7, 2005
7. 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.
8. 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.
In addition to these comments, the Public Works Department will require the following
street improvements:
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 handicap ramp, in
compliance with A.D.A. Standards, is required at the street intersection of N.E. 2
Avenue and N.E. 78 Street. 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.
N.E. 79 Street - Construct new sidewalk in the additional 5 foot dedicated right of way.
N.E. 78 Street - Replace all damaged and broken sidewalk on both sides of the street for
the entire block. Construct curb and gutter and pavement, full width of the right of
way (both sides) between N.E. 2 Avenue and N.E. 3 Court. Modify stormwater
drainage system as required.
N.E. 2 Avenue - Replace all broken and damaged sidewalk, curb and gutter on both
sides of the avenue for the entire length of the block.
Ana Gelabert-Sanchez
Director
Planning Department
Page 3
June 7, 2005
If you have any questions concerning these comments, please call Mr. Leonard
Helmers, Professional Engineer IV, at extension 1221.
SNG/FM/ L,JH/gc
c: Biscayne Housing Group
The Carlisle Group
2950 S.W. 27 Street, Suite 200
Miami, Florida 33133
Corwil Architects, Inc.
1320 South Dixie Highway, #1070
Coral Gables, Florida 33146
Stephanie Grindell, P.E., Director of Public Works
Lourdes Slazyk, Assistant Director, Planning Depailutent
Superintendent of Schools
Rudolph F. Crew, Ed.D.
Ana Rijo-Conde, AICP, Facilities Planning Officer
Facilities Planning
August 23, 2005
Ms. Ana Gelabert-Sanchez, Director
Department of Planning and Zoning
City of Miami
444 SW Second Avenue, 3`d Floor
Miami, Florida 33130
Re: Villa Patricia — Elderly Residential Community (Revised)
Dear Ms. Gelabert-Sanchez:
Miami -Dade County School Board
Frank J. Bolanos, Chair
Dr. Robert B. Ingram, Vice Chair
Agustin J. Barrera
Evelyn Langlieb Greer
Perla-.T_abar_es_Hantman.
Dr. Martin Karp
Ana Rivas Logan
Dr. Marta Perez
Dr. Solomon C. Stinson
Pursuant to the state mandated Interlocal Agreement for Public School Facility Planning in
Miarni-Dade County (Interlocal Agreement) the District has reviewed the application and
supporting documentation for the above referenced project. Our findings indicate that the
requirements of the Interlocal Agreement are not triggered since the applicant is proposing an
Elderly Housing Project. It is our understanding that the City of Miami will require a land use
covenant, to be recorded against the property restricting its use as elderly affordable housing for
50 years. Please disregard our School Impact Review Analysis, previously submitted for Large
Scale Development review.
Should you need additional information, please contact me at 305-995-7287.
Sincerely,
-Vivian Gr, yillaamil
Supervisor II
VGV:mo
L219
cc: Ms. Ana Rijo-Conde
Mr. Fernando Albuerne
Mr. Ivan M. Rodriguez
Mr. Kevin Walford
Lucia Dougherty, Esq.
Mr. Michael Cox
t.a
School Board Administration Building • 1450 N.E. 2nd Avenue, Suite 525 • Miami, Florida 33132
305-995-7285 • FAX 305-995-4760 • arijo@dadeschools.net
r
City of Miami
Legislation
Resolution
City Hall
3500 Pan
American Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-01049mm Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR
USE SPECIAL PERMIT PURSUANT TO ARTICLES 5,13,17 AND 22 OF ZONING
ORDINANCE NO. 11000, AS AMENDED, FOR THE VILLA PATRICIA PROJECT, TO
BE LOCATED AT APPROXIMATELY 234-42 NORTHEAST 79TH STREET, 7811,
7815, 7823, 7827 AND 7831 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, TO
CONSTRUCT A MULTI -PHASE PROJECT WITH STRUCTURES OF
APPROXIMATELY 111 FOOT, 12 STORY, 129 FOOT, 14 STORY AND 93 FOOT, 10
STORY HIGH TO BE COMPRISED OF APPROXIMATELY 339 TOTAL
MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES;
APPROXIMATELY 1,300 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY
2,207 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY ; 254 TOTAL
PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR")
BONUSES; 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 May 30, N. Patrick Range, on behalf of BHG-79th St. LLC, Villa
Patricia Phase II, LLC and Villa Patricia Phase III, LLC Lessees and Lubins
Development Corp., owners (referred to as "APPLICANT"), submitted a complete
Application for a Substantial Amendment to Major Use Special Permit for 234-242 NE
79th Street, 7811, 7815, 7823, 7827 and 7831 NE 2nd Avenue. Substantial
Modification 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 234-242 NE
79th Street, 7811, 7815, 7823, 7827 and 7831 NE 2nd Avenue, 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 June 14, 2005 to
consider the substantial modification to the previously approved Villa Patricia MUSP
project; and
WHEREAS, the Urban Development Review Board met on July 20, 2005, to
consider the proposed project an recommended APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 18,
2007 Item No. 3, following an advertised public hearing, adopted Resolution No. PAB
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File Number. 05-01049mm
by a vote of --- to --- (*-*), recommending ---- with conditions as 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 234-242 NE 79th
Street, 7811, 7815, 7823, 7827 and 7831 NE 2nd Avenue, Miami, Florida, more
particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of a multi -phase
project with structures of approximately 111 foot, 12 story, 129 foot, 14 story and 93 foot,
10 story high to be comprised of approximately 339 total multifamily residential units with
recreational amenities; approximately 1,300 square feet of office space; approximately
2,207 square feet of retail space; and approximately 254 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) 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:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
I) Site and Urban Planning:
(1) Respond to the physical
contextual environment taking
Yes. *Yes.
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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. *No.
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. *No.
facades. Where blank walls
are unavoidable, they should
receive design treatment.
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.
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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. *N/A.
as district buffer.
VI) Screening:
(1) Provide landscaping that Yes. *No.
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. *No.
structures with program uses.
Where program uses are not
feasible soften the garage
structure with trellises,
landscaping, and/or other
suitable design element.
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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;
(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. *Yes.
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 $65,389,126, and to
employ approximately 166 workers during construction (FTE-Full Time Employees); the
PROJECT will also result in the creation of approximately 7 permanent new jobs (FTE).
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The PROJECT will generate approximately $443,162 annually in tax revenues to the
City (2009 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 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 Substantial Modification of the previously
approved Major Use Special Permit, which was submitted on May 30, 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.
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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, 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 Villa Patricia, (hereinafter
referred to as the "PROJECT") to be located at approximately 234-242 NE 79 Street;
and 7811-7831 NE 2 Avenue, 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 234-242 NE 79 Street; and 7811-7831 NE 2 Avenue, Miami, Florida. The
PROJECT is located on a gross lot area of approximately 3.01± acres and a net lot area
of approximately 2.42± 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".
The proposed PROJECT will be a multi -phase project with structures of approximately 111
foot, 12 story, 129 foot, 14 story and 93 foot, 10 story high to be comprised of
approximately 339 total multifamily residential units with recreational amenities;
approximately 1,300 square feet of office space; approximately 2,207 square feet of retail
space; and approximately 254 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:
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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 6.1% increase of floor area ratio,
for an increase approximately 13,785.09 square feet of floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for a
residential development involving three hundred thirty nine (339) units;
The Major Use Special Permit encompasses the following Special Permits and
Requests:
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 berths
dimensions in Phase III as follow:
Required: Two (2) 12' wide x 35' long x 15' high
Proposed: Two (2) 10' wide x 20' long x 15' high
CLASS II SPECIAL PERMIT, as per Article 9, Section 917.5, Parking requirements for
housing for the elderly (PHASE I, II and III), by Class II Special Permit; limitations, to
allow a reduction of required parking spaces to a minimum of one (1) parking space for
every two (2) dwelling units which in this case a minimum of One hundred Sixty Seven
(167) parking spaces shall be provided;
Required: 334 parking spaces (100%)
Proposed: 167 parking spaces (50%)
Request to be waived: 167 parking spaces (50%)
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
Offstreet 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 the center line of the parking striping;
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 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
groundbreaking ceremonies;
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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 residential project under
construction, within R-4 or more permissive zoning district;
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 10.5.4.3 (1)
C-1 Restricted Commercial District, Temporary Signs (1), to allow temporary
development sign;
REQUEST as per Article 25, Section 2502 Definition, to be qualified as a phased project
by the Director of the Planning Department as established in Article 17, Section 1701
(11).
Pursuant to Articles 5, 13, 17 and 22 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 Corwil Architects, dated May 7, 2007; the
landscape plan shall be implemented substantially in accordance with plans and design
schematics on file prepared by Witkin Design Group, dated October 27, 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)
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.
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
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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.
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.
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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) Provide all elevations of all the buildings
and details of the materials proposed to cover the garage openings for review and
approval of the Planning Director prior to the issuance of a building permit. (b) Indicate
how all vehicles and mechanical systems within the garage will be concealed from view,
and (c) A final landscape plan shall be submitted for review and approval of the Planning
Director prior to the issuance of a building permit.
12) Pursuant to comments by the City of Miami Public Works Department, the
applicant shall meet the following conditions: (a) Platting of the property shall be required
prior to obtaining building permits; (b) Applicant shall replace all damaged and broken
sidewalk, curb and gutter on both sides of NE 78th Street and NE 2nd Avenue for the
entire block; and (c) Construct new sidewalk in the additional 5 foot dedicated right of
way.
13) 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
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(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.
Pursuant to Section 1305 of the Zoning Ordinance, the specific site plan aspects
of the PROJECT i.e., ingress and egress, offstreet parking and loading, refuse and
service areas, signs and lighting, utilities, drainage and control of potentially adverse
effects generally have been considered and will be further considered administratively
APPROVED AS TO FORM AND CORRECTNESS: during the process of
issuing individual
building permits and
certificates of
occupancy.
JORGE L. FERNANDEZ
CITY ATTORNEY
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.
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•
•
EXHIBIT "A"
LEGAL DESCRIPTION
PER (O. R. B. 15837, PG. 715 -D.C.R.)
PARCEL A (FOLIO NO. 01-3207-067-0010) 234-242 N.E. 79th STREET
THE FOLLOWING -DESCRIBED PROPER TY, ALL OF WHICH IS LOCATED WHOLLY W1THIN THE
SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 53 SOUTH, RANGE 42 EAST:
A. BEGIN 331 FEET EAST AND 35 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHWEST
1/4 OF SECTION 7-53-42; THENCE SOUTH 136 FEET,' THENCE EAST 45 FEET,' THENCE NORTH
136 FEET. THENCE WEST 45 FEET TO 17 E POINT OF BEGINNING.
B. BEGIN 171 FEET SOUTH AND 183 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHWEST
1/4, SECTION 7-53-42 FOR POINT OF BEGINNING; THENCE SOUTH 104 FEET,' THENCE EAST 232.8
FEET; THENCE NORTH 104 FEET; THENCE WEST 232.8 FEET TO THE POINT OF BEGINNING.
C. LOTS 2 AND 3 OF JOHN M. HUNTERS ADDITION OF LITTLE RIVER GARDENS, PLAT BOOK 7,
PAGE 13.
0. BEGIN AT THE NORTHWEST CORNER OF LOT 3 OF JOHN M. HUNTERS ADDITION OF LITTLE
RIVER GARDENS (7-13); THENCE EAST ALONG THE NORTHERN BOUNDARY OF SAID SUBDIVISION
OF THE NORTHEAST CORNER OF LOT 2 OF SAID SUBDIVISION,' THENCE NORTH .55 FEET,' THENCE
WEST TO A POINT DIRECTLY NORTH OF THE NORTHWEST CORNER OF SAID LOT 3 OF SAIO
SUBDIVISION; THENCE SOUTH .55 FEET TO THE POINT OF BEGINNING.
E. BEGIN 231 FEET EAST FROM THE NORTHWEST CORNER OF THE NOR1I-IWEST 1/4 OF THE
SOU TT-IWEST 1/4 OF SECTION 7-53-42,; THENCE RUN SOUTH DIRECTLY ACROSS EVERGLADES
AVENUE, NO KNOWN AS NORTHEAST 79 STREET, 35 FEET TO A POINT OF BEGINNING; THENCE
EAST ALONG TIME SOUTH LINE OF EVERGLADES AVENUE, A DISTANCE OF 100 FEET TO A POINT;
THENCE SOUTH 136 FEET TO A POINT,' THENCE WEST 100 FEET TO A POINT; THENCE NORTH 136
FEET TO A POINT OF BEGINNING.
F. ALL OF THE 1 FOOT STRIP OF LAND DESCRIBED AS LOT B. A SHOWN ON THE PLAT OF
BLOCKS 1 AND 2, LITTLE RIVER GARDENS BOOK 4, PAGE 188.
THE ABOVE DESCRIPTION WAS FORMERLY KNOWN AS ALL OF FRANK J. PEPPER PLAT, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 87, AT PACE 4 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA AND ADJACENT RIGHT-OF-WAY DEDICATED BY THE AFOREMENTIONED
PLAT" SAND PLAT HAS BEEN EXPUNGED.
PARCEL B (FOLIO NO. 01-3207-047-0010) 7811 N.E. 2nd AVENUE
LOTS 4, 5, 6 AND 7 OF AMENDED MAP OF PORTIONS OF JOHN M. HUNTER'S ADDITION TO LITTLE
RIVER GARDENS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 43 AT PAGE 2 OF
THE PU&UC RECORDS OF DADE COUNTY, FLORIDA.
PER (O.R.B. 16904, PG. 3126 -D.C.R.)
(FOLIO NO. 01-3207-000-0380) 7815 N.E. 2nd AVENUE
ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND, SITUATE" IN THE COUNTY OF DADE, STA TE
OF FLORIDA /N THE NW-1/4 OF THE NW-1/4 OF THE SW-1/4 OF SECTION 7, TOWNSHIP 53
SOUTH, RANGE 42 EAST, PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 225 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTH 1/2 OF THE
NORTH 1/2.OF_ THE . SW-1/4. OF SECTION 7 TOWNSHIP 53 SOUTH, RANGE 42 -EAST; -THENCE RUN
SOUTH ON THE SECTION L/NE A DISTANCE OF 50 FEET; THENCE RUN EAST 183 FEET THENCE
RUN NORTH PARALLEL WITH AFORESAID SECTION LINE 50 FEET; THENCE RUN WEST PARALLEL
WITH THE SOUTH BOUNDARY L/NE OF SAID SEC770N,• 183 FEET TO THE POINT OF BEGINNING, LESS
THE WEST 33 FEET THEREOF CONVEYED FOR HIGHWAY PURPOSES.
CONTAINING 7501 SQUARE FEET OR 0.1722 ACRES, MORE OR LESS.
PER (O. R. B. 16007, PG. 4157 --D.C.R.)
(FOLIO N0. 01-3207-000-0350) 7823 N.E. 2nd AVENUE
BEGINNING AT A POINT 197 FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF
SECTION 7, TOWNSHIP 53 SOUTH, RANGE 42 EAST, THENCE RUN SOUTHERLY ON THE SECTION
LINE A DISTANCE OF 28 FEET T A POINT, THENCE RUN EASTERLY A DISTANCE OF 183 FEET TO A
POINT,- THENCE RUN NORTHERLY A DISTANCE OF 28 FEET TO A POINT; THENCE RUN WESTERLY A
DISTANCE OF 183 FEET TO A POINT OF BEGINNING. LESS THE WEST 35 FEET THEREOF, WHICH
HAS HERETOFORE BEEN DEDICATED TO STREET PURPOSES.
PER (0. R. B. 17020, PG. 3173 -D.C.R. )
(FOLIO NO, 01-3207- 000- 0330) 7831 N.E. 2nd AVENUE
BEGINNING AT A POINT 65' SOUTH OF THE NORTHWEST CORNER OF THE SW 1/4 OF SECTION 7,
TOWNSHIP 53 SOUTH, RANGE 42 EAST AND RUN EAST 35' FOR THE POINT OF BEGINNING;
THENCE RUN EAST 86' PARALLEL W1TH THE NORTH L/NE OF SAID SW 1/4; THENCE RUN SOUTH
50' PARALLEL WITH THE WEST LINE OF SAID SW 1/4; THENCE RUN EAST 50' PARALLEL W1TH THE
NORTH LINE OF SAID SW 1/4; THENCE RUN SOUTH 50' PARALLEL WITH THE WEST LINE OF SAID
SW 1/4; THENCE RUN SOUTH 50' PARALLEL WITH THE WEST LINE OF SAID SW 1/4; THENCE RUN
WEST 136' PARALLEL WITH THE NORTH LINE OF SAND SW 1/4; THENCE RUN NORTH 100' PARALLEL
WITH THE WEST LINE OF SAID SW 1/4 TO THE POINT OF BEGINNING.
*DOUBLE CALL -SHOULD BE REMOVED.
PER (0. R. B. 15822, PG 2310 -O.C.R. )
(FOLIO N0. 01-3207-000-0360) 7827 N.E. 2nd AVENUE
BEGINNING AT A POINT 171 FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF
SECTION 7. TOWNSHIP 53 SOUTH, RANGE 42 EAST, THENCE RUN EAST 183 FEET THENCE RUN
SOUTH 26 FEET, THENCE RUN WEST 183 FEET THENCE UN NORTH 26 FEET TO THE POINT OF
BEGINNING, LESS THE WEST 33 FEET THEREOF, LYING AND BEING IN DADE COUNTY, FLORIDA.
ALL OF SAID LANDS SITUATE LYING AND BEING /N MIAMI-DADE COUNTY, FLORIDA AND
CONTAIMIG 2.42 ACRES, MORE OR LESS.
CERTIFICATIONS
CERTIFIED TO:
THE CARLISLE GROUP
C
C
Exhibit "B"
PROJECT DATA
1.
ZONINQ
1 A EXISTING ZONING. C-1
2. SITE AREA
3.
2.A NET LAND AREA:
2.B GROSS LAND AREA:
DFNISTY:
3.A 150 UNITS ! ACRE _
105.761.8 S.F. (2.42 ACRES)
131,513.6 S.F.(3.C1 ACRES)
REQUIRED
361 UNITS (MAX.)
PROPOSED
_;(UNITS
4. MINIMUM SETBACKS
3.A FRONT (NE 79TH ST.)
3.8 SIDE STREET (NE 2N0 AVE)
3.0 SIDE STREET (NE 78 ST.)
3.13 REAR (ADJACENT LOT)
• •UI- P'OP45 0
10'-0'
10,0'
i(Y-0'
18'-2'
10'-10'
10'-1'
20,1"
5. HEIGHT:
6. FAR.
1.72 (GROSS AREA)
1.72 X 131,513.E S.F. = 226.203 S.F.
FAR. ALLOWED 20% ADDITIONAL AS P U.D.
226,203 • 20%= 271,442 S.F. (MAX. F.A.R.) 271,442 S.F.
FLOOR AREA RATIO BREAKDOWN
PHASE I - GROUND FLOOR 4,007 S.F. PHASE I - TYPICAL FLOORS 85,041 S.F.
7,731 S.F.>< 11 FLOORS
PHASE II - GROUND FLOOR (wldlloas 1,378 s.l. of retail) ..... `........,1,198 5.F,
PHASE II - TYPICAL FLOORS nm0•1r11.1' " - - - " " 73,392 S.F.
5,672 S.F. >< 11 FLOORS
PHASE It -TYPICAL FLOORS 13.TH-14TH 8.852 SF.
4,426 S.F. >< 2 FLOORS
PHASE It - TOWNHOMES GROUND FLOOR 2.557 S.F.
PHASE 11 - TOWNHOMES SECOND FLOOR 3,111 S.F.
PHASE III - GROUND FL
1.778 S.F.
PHASE III - TYPICAL FLOORS'O1aTA 60,040 S.F.
6,672 S.F. = 9 FLOORS
A
REQUIRED PROPOSED
UNLIMITED (WITH 45 DEGREE 12 STORIES PHASE 1- 111'0'
INCLINATION ABOVE 120'•0") 14 STORIES PHASE II • 129'-0' W/45°
10 STORIES PHASE III-93'-0'
ALLOWED PROPOSE°
239.982 S.F.
89,048 S.F.
83.442 S.F.
5,668 S.F.
61,824 S.F.
7. BUILDING FOOTPRINT;
ALLOWED PROPOSED
40% (GROSS LOT AREA)
40% OF 131,513 S.F. - 52,605.4 S.F. (MAX.) 43,667 S.F.
BUILDING FOOTPRINT BREAKDOWN .
PHASE 1- - 8,793 S.F.
PHASE II - 6,753 S.F.
PHASE II - (TOWNHOMES) 2,557 S.F.
PHASE 111 6,753 S.F.
GARAGE 18,811 S.F.
8. OPEN AREA:
10% (GROSS AREA)
10% OF 131513.6 S.F. = 13,151 S.F. (MIN)
9. PARKING CA1 CUI.ATIONI6
9.A RETAIL: 2,207 S.F. i 31
9.13 OFFICC: 1,300 El. / 100 =
9.0 1 BEUNOOM/ 1 BATH
334 UNITS X 1.0 + 334 SPACES REQ.
' 50% PARKING REDUCTION (334 X 50% = 167)
9.D 2 BEDROOM I 1-1Y2 BATH
6 TOWNHOME UNITS X 2.0
9.E VISITORS: 10% X 339
9.F EXTRA PARKING SPACES
TOTAL: 231 SPACES
9.G ACCESSIBLE PARKING SPACES INCLUDED IN TOTAL
7
REQUIRED PROPOSED
13.151 S.F. (MIN.) 15.694.78 S F.
REQUIRED
13
167'
PROVIDED
11
13
167
10 10 -
34 34
19
254 SPACES
10
PROVIDED
9.1-1 LOADING ZONES -6 BERTHS REQUIRED (2 PER PHASE) 2 BERTHS 4 BERTHS
(10W X 20'L X 10'11) (12'W X 35'L X 15'H)
NOTE: THE STRUCTURAL SYSTEM OF THE PROPOSED GARAGE SHALL BE UESIGNEU TO SUPPORT THE
WEIGHT OF ALL REQUIRED FLOORS TO MEET APPLICABLE CODE PARKING REQUIRED