HomeMy WebLinkAboutItem # 9 PAB - 06-00614mu - Sawyer's WalkPLANNING FACT SHEET
LEGISTAR FILE ID: 06-00614mu October 3, 2007 Item # 9
APPLICANT Ben Fernandez, Esquire, on behalf of City of Miami
Community Redevelopment Agency
REQUEST/LOCATION Reconsideration of a Major Use Special Permit for the
Sawyer's Walk project, located at 152 and 218 NW 8th
Street, 249 and 263 NW 6th Street and 160 NW 7th Street.
[Overtown NET District]
COMMISSION DISTRICT
ZONING DISTRICT(S)
SITE AREA
5
SD-16 & SD-16.2 (Southeast Overtown-Park West
Commercial -Residential)
11.70± acres (Gross) and 8.83± acres (Net)
LEGAL DESCRIPTION See supporting documentation
PETITION
Reconsideration of a Resolution, approving with
conditions, a Major Use Special Permit pursuant to Articles
13 and 17 of Zoning Ordinance No. 11000, as amended,
for the Sawyer's Walk project, to be located at 152 and
218 NW 8th Street, 249 and 263 NW 6th Street and 160
NW 7th Street, Miami, Florida, to construct a mixed use
development comprised of four building ranging in height
from approximately 133 to 142 Feet, 13 story, with
approximately 1,050 total multifamily residential units with
recreational amenities; approximately 75,000 square feet
of retail space; and approximately 1,610 total parking
spaces.
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: 9/26/2007 Page 1
ANALYSIS
MAJOR USE SPECIAL PERMIT
for
SAWYER'S WALK
located at approximately
152 and 218 NW 8th Street, 249 and 263 NW 6th Street and 160 NW 7th Street
LEGISTAR FILE ID: 06-00614mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Sawyer's Walk project, located at approximately
152 and 218 NW 8th Street, 249 and 263 NW 6th Street and 160 NW 7th Street, Miami,
Florida, has been reviewed to allow a Major Use Special Permit per articles 13 and 17,
to construct a mixed use development comprised of four building ranging in height from
approximately 133 to 142 Feet, 13 story, with approximately 1,050 total multifamily
residential units with recreational amenities; approximately 75,000 square feet of retail
space; and approximately 1,610 total parking spaces.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1),
for residential development involving in excess of two hundred (200) units;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (7),
for any single use or combination of uses requiring or proposing to provide in excess
of five hundred (500) off-street parking spaces;
This Major Use Special Permit encompasses the following Special Permits and
Requests:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 616.3, to allow the
construction of a new development in SD-16, SD-16.2 districts;
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 616.8.4.1, to allow relocation
of 21,494 square feet of open space to areas within the building. The user shall make a
non-refundable developer contribution of $1,074,700.00 to the Parks and Open Space
Trust Fund administered by the City of Miami;
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 as follow:
Required: Two (2) 12 feet wide x 55 feet long x 15 feet high
Four (4) 12 feet wide x 35 feet long x 15 feet high
Proposed: One (1) 12 feet wide x 55 feet long x 15 feet high
Seven (7) 12 feet wide x 35 feet long x 15 feet high
Four (4) 10 feet wide x 20 feet long x 15 feet high
06-00614mu
Page 1 of 7
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, 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
CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512, to allow a waiver of
City of Miami Off-street Parking Guides & Standards, only for reduction of required
backup distance in driveway isles from 23 feet to 22 feet;
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 616.8.3, to allow an exemption
from the setback requirement as set forth in Sec. 616.8.3;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927, 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 906.9, 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 916.2.1, to allow parking for
temporary special event such as ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, 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 920.1.2, to allow 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 10.6.3.16. SD-16, SD-16.1,
SD-16.2 Southeast Over town -Park West -Commercial -Restricted District, Temporary
Signs (3), to allow temporary development signs;
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.
06-00614mu
Page 2 of 7
Pursuant to Articles 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 this project is a reconsideration of a previously approved Major Use
Special Permit with conditions under PAB RESOLUTION 06-060 on June 21, 2007
(see PAB Resolution on "Exhibit C").
• It is found that the Environmental Impact Assessment requirement submitted as part
of the present application states that "the Project will not have any adverse
cumulative or long-term environmental impacts", and concludes that "there will not
be any irreversible commitment of natural resources associated with this Project."
• It is found that the proposed development project will benefit the area by creating
additional residential and commercial opportunities in the Overtown NET District,
located on west of NW 1st Court Avenue between NW 6th Street and NW 8th Street.
• It is found that the subject property is located in the "North City of Miami" plat within
the Southeast Overtown neighborhood of the City.
• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the property is SD-16 and SD-16.2 (Southeast
Overtown-Park West Commercial -Residential). Buildings #1-3 are located in SD-
16.2 (7.58± net acres) and Building #4 is located in SD-16 (1.25± acres)
• It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Miami, Florida, the existing Future Land Use category for the property is "Restricted
Commercial".
• It is found that the proposed project is located along a Primary Pedestrian Pathway.
• It is found that the proposed project is not located within an Archeological
Conservation area.
• It is found that the proposed project is located in FEMA Flood Zone "X".
• It is found that the proposed residential density of the project (1,050 units at 119
units per acre) is well below the maximum 2,643 units (300 units per acre) on the
8.83± net acre site.
• It is found that the residential unit breakdown is as follows: Building 1 - 394 units
(Block 45); Building 2 — 303 units (Block 56); Building 3 — 300 units (Block 55); and
Building 4 — 53 units (Block 46).
• It is found that approximately 20% or 210 of the units will be set aside as affordable
housing restricted to families and individuals whose respective incomes range from
80% to 120% of the Miami -Dade County median family income and shall be
06-00614mu
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reasonably interspersed throughout the overall project and be reflective of the unit
mix of the project. In addition, 50 completed housing units will be conveyed by
Crosswinds Sawyer's Walk to the CRA or its designee and will be set aside
exclusively for sale to existing Overtown residents whose incomes range between
50% to 80% of the Miami -Dade County median family income.
• It is found that the total allowable combined floor area without bonuses for the
11.70± gross acre site is 2,061,678.56 square feet (Floor Area Ratio "FAR" of 4.0 in
SD-16.2 (Buildings 1-3 on 10.09± acres) and 4.32 in SD-16 (Building 4 on 1.61±
acres). The project as proposed is not requesting any bonuses and consists of a
total FAR of 1,361,606 square feet.
• It is found that the maximum height of the proposed structures is approximately 142
feet + 14 stories. Pursuant to Article 6, Section 616.9, there shall be no height
limitations in the SD-16 zoning district.
• It is found that the proposed total number of parking spaces (approximately 1,610)
for the project is above the required number of 1,125 parking spaces.
• It is found that the project is expected to cost approximately $258,988,500, and to
employ approximately 740 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 40 permanent new jobs
(FTE) for building operations and will generate approximately $2,329,731 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 August 23, 2005 and the following pertinent comments were made:
Pedestrian Realm - In order to enhance the pedestrian character of NW 3rd Avenue
and NW 6th Street (west and south side of Block 55, respectively), implement the
following: (a) The pedestrian sidewalk realm shall remain at a consistent height
throughout. Vehicles shall rise to the sidewalk level with ramping beginning at the
outer edge of the curb, with the ramp slope being the maximum allowed by Public
Works, (b) The pedestrian sidewalk area shall be maintained with a consistent,
recognizable pattern, which shall continue across the vehicular entrances in order to
give dominance to the pedestrian realm over the vehicular areas; (c) Consider
applying a wall mural or other artwork along the west elevation of the proposed
grocery store on NW 3rd Avenue (Block 55); (d) Consider eliminating the residential
entrance on NW 6th Street (Block 55, closest to NW 2nd Avenue) and consolidate it
with the "residential & commercial" entrance located on NW 3rd Avenue; (e) Consider
providing habitable ground level space on the south side of NW 6th Street (Block 55);
Urban Design - Consider orienting the tallest building on the west side of Block 55
closer to 1-95; Landscaping - Provide a continuous canopy of shade trees to provide
shade for pedestrians along NW 6th Street, NW 8th Street, NW 1st Court, NW 2nd
Avenue and NW 33d Avenue. These shade trees shall be aligned close to the edge
of the curb in the public right of way (at no greater than 33' on center) to provide a
buffer for pedestrians from vehicular traffic. Palm trees may be utilized periodically
as an architectural accent to the architecture of the building. The Planning
Department's review resulted in design modifications that were then recommended
for approval to the Planning Director.
• It is found that on September 13, 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 at that location. Any proposed
06-00614mu
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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 on September 14, 2005, the City of Miami Public Works Department
provided a review of the project and provided the following comments: (a) Re -
Platting may be required to legalize the divisions of lots 4, 5, 11, 12, 13, 14, 15 and
16 of Block 46 N for the Building #4 Site; and the following street improvements shall
be (b) NW 6th Street between NW 1st Court and NW 3rd Avenue — Replace all broken
and damaged sidewalk, curb and gutter on both sides of the roadways. Mill and
resurface the entire width, curb to curb, of said roadways; (c) NW 7th Street between
NW 1st Court and NW 3rd Avenue — Replace all broken and damaged sidewalk, curb
and gutter on both sides of the roadways. Mill and resurface the entire width, curb to
curb, of said roadways; (d) NW 8th Street between NW 1st Court and NW 3rd Avenue
— Replace all broken and damaged sidewalk, curb and gutter on both sides of the
roadways. Mill and resurface the entire width, curb to curb, of said roadways; (e)
NW 1st Court between NW 6th Street and NW 8th Street — Replace all broken and
damaged sidewalk, curb and gutter on both sides of the roadways. Mill and resurface
the entire width, curb to curb, of said roadways; (f) NW 2nd Avenue between NW 6th
Street and NW 8th Street — Replace all broken and damaged sidewalk, curb and
gutter on both sides of the roadways. Mill and resurface the entire width, curb to
curb, of said roadways; and (g) NW 3rd Avenue between NW 6th Street and NW 8th
Street — Replace all broken and damaged sidewalk, curb and gutter on both sides of
the roadways. Mill and resurface the entire width, curb to curb, of said roadways.
• It is found that the Large Scale Development Committee reviewed the project on
September 21, 2005 to address the expressed technical concerns raised at said
Large Scale Development Committee meeting.
• It is found that Miami -Dade Public Schools provided a preliminary review of the
proposed project on September 26, 2005. The student population generated by this
development is estimated at 340 students. The schools serving this area of
application are Frederick Douglass Elementary (78 students) — 69% Florida
Inventory School Houses (FISH) Capacity with the proposed project; Riverside
Elementary (78 students) — 168% FISH; Jose de Diego Middle (85 students) — 108%
FISH; and Booker T. Washington Senior High (99 students) — 73% FISH. Pursuant
to the interlocal agreement, only Riverside Elementary School meets the review
threshold of 115%.
• It is found that on October 6, 2005, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #119) 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 October 19, 2005, which recommended
Approval (UDRB Reso. 10-19-05-8) with conditions.
• It is found that with respect to all additional criteria as specified in Section 1305.2 of
Zoning Ordinance 11000, the proposal has been found to adhere to the following
Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and Landscape
Architecture; (3) Pedestrian Oriented Development; (4) Streets and Open Space; (5)
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Page 5 of 7
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.
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.
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.
06-00614mu
Page 6 of 7
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.
11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) The pedestrian sidewalk realm shall
remain at a consistent height throughout the project; (b) The pedestrian sidewalk area
shall be maintained with a consistent, recognizable pattern, which shall continue across
the vehicular entrances in order to give dominance to the pedestrian realm over the
vehicular areas; (c) A wall mural or other artwork shall be placed along the west
elevation above the proposed retail store on NW 3rd Avenue. This shall be provided for
review and approval by the Planning Director prior to application for Building Permit; (d)
Eliminate the residential entrance on NW 6th Street and consolidate it with the
"residential & commercial" entrance located on NW 3rd Avenue; (e) Provide habitable
ground level space on the south side of NW 6th Street.
12) Pursuant to comments by the City of Miami Public Works Department, the
applicant shall meet the following conditions: (a) Re -Platting may be required to legalize
the divisions of lots 4, 5, 11, 12, 13, 14, 15 and 16 of Block 46 N for the Building #4 Site;
and the following street improvements shall be (b) NW 6th Street between NW 1st Court
and NW 3rd Avenue — Replace all broken and damaged sidewalk, curb and gutter on
both sides of the roadways. Mill and resurface the entire width, curb to curb, of said
roadways; (c) NW 7th Street between NW 1st Court and NW 3rd Ave. — Replace all
broken and damaged sidewalk, curb and gutter on both sides of the roadways. Mill and
resurface the entire width, curb to curb, of said roadways; (d) NW 8th Street between NW
1st Court and NW 3rd Ave. — Replace all broken and damaged sidewalk, curb and gutter
on both sides of the roadways. Mill and resurface the entire width, curb to curb, of said
roadways; (e) NW 1st Court between NW 6th Street and NW 8th Street — Replace all
broken and damaged sidewalk, curb and gutter on both sides of the roadways. Mill and
resurface the entire width, curb to curb, of said roadways; (f) NW 2nd Ave. between NW
6th Street and NW 8th Street — Replace all broken and damaged sidewalk, curb and
gutter on both sides of the roadways. Mill and resurface the entire width, curb to curb, of
said roadways; and (g) NW 3rd Ave. between NW 6th Street and NW 8th Street — Replace
all broken and damaged sidewalk, curb and gutter on both sides of the roadways. Mill
and resurface the entire width, curb to curb, of said roadways.
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.
06-00614mu
Page 7 of 7
ZONING ATLAS MAP
pm
0 150 300
R-4
NW 9TH ST
1
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600 Feet
OVERTOWN STA
CBD
ADDRESS:152, 218, 249, AND 263 NW 8TH ST
160 NW 7TH ST
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ADDRESS:152, 218, 249, AND 263 NW 8TH ST
160 NW 7TH ST
No.
1.
2.
3.
4.
5.
Projects in the Vicinity
Sawyer's Walk
06-00614mu
Name
Lyric Village & Lyric Oaks
Sawyer's Walk
US Federal Courthouse (Office)
Logik Tower (Office & Retail)
Overtown Transit Village (Office)
Floors Units Status
3
14
14
30
17
96
1,050*
n/a
*
n/a
*-Indicates Mixed -Use Project with Retail and/or Office uses
Approved
Public Hearings
Under Construction
Design Review
Under Construction
06-00614mu - Projects in the Vicinity
10/06/2005 11;24 FAX URS
Z 0 0 2 / 0 2 2
URS
October 6, 2005
Ms. Lilia 1. Medina, AICP
Assistant Transportation Coordinator
City of Miami, Office of the City ManagerlTransportation
444 SW 2n6 Avenue (10th Floor)
Miami, Florida 33130
Re: Sawyers Walk
Sufficiency Letter— W.O. it 119
Dear Ms. Medina:
Via Fax and US Mail
Subsequent to cur September 19, 2005 review comments for the subject project; we
have received a revised analysis dated October 4, 2005; prepared by Transport Analysis
Professionals, inc. (TAP). We have also received a sufficiency letter (via a -mail) from
Kitileson & Associates (K&A), who represents the FDOT Planning office. Photocopies of
both the revised analysis from TAP and e-mail from K&A are attached herewith.
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 fell free to call Quazi Masood or me at
954.739.1881.
Sincerely,
UR
tion Southern
Raj •hanm .E.
Sen or Traffic Engineer
Attachment
Cc: Mr. Kevin Watford, Planner 11, City of Miami (Fax . 305.416.1443)
Mr. Richard P. Echinger, TAP (Fax: 305.385.9997)
JR5 Corporation
L9kesliore Complex
5100 NW 33rd Avenue, Suite 150
Fort Laudardal6, FL 33309.6375
MI: 954.739.1$$1
Fax: 954.739.17139
CITY OF MIAMI, FLOFJDA;
Luu. wx .i 1 Ai P t "
September 14, 2005
TO :
FROM :
Ana Gelabert-Sanchez
Director
Planning Department
4.)
I) '",
Stephanie N. Grindell, P.E.
Director
Public Works Department
DATE:
SUBJECT:
FILE :
Large Scale Development Review -
SAWYER'S WALK
REFERENCES:
ENCLOSURES:
I have reviewed the Large Scale Development plans for the SAWYER'S WALK
located at N.W. 7 Street and N.W. 2 Avenue and have the following comments.
1. At the building #4 site, re -platting may be required to legalize the
divisions of lots 4, 5, 11, 12, 13, 14, 15, and 16 of block 46 N. Verify the
platting requirements with the Public Works Department.
2. Right of way dedication is required at the following locations:
• Ten (10) feet along N.W. 3 Avenue
• Twelve and one-half (12.5) feet along N.W. 6 Street
• Twelve and one-half (12.5) feet along N.W. 2 Avenue (both sides)
• Twelve and one-half (12.5) feet along N.W. 8 Street
In addition, a twenty-five (25) foot corner radius dedication is required at
all street intersections.
3. The proposed encroachment of building #4 beyond the required corner
radius dedication at the intersection of N.W. 8 Street and N.W. 3 Avenue
is not permitted. Verify that the proposed structure is located behind all
base building lines.
4. Insufficient maneuvering space is provided for internal truck maneuvers
for the 12 foot by 35 foot stalls in building #4. A column interferes with a
truck entering the trash stall and the "B.O.H." wall interferes with a truck
exiting the loading stall.
5. Insufficient maneuvering space is provided to enter and exit the 12 foot by
65 foot loading stalls in building #3. When the 12 foot by 65 foot loading
stalls are occupied there is insufficient maneuvering area to enter the 12
foot by 35 foot loading stalls.
6. Continuous sidewalk is required within the public right of way along
N.W. 1 Court without requiring pedestrians to enter private property.
There may be insufficient right of way width for both on street parking
stalls and the required sidewalk.
Ana Gelabert-Sanchez
Director
Planning and Zoning Department
Page 2
September 14, 2005
7. All transitions from the established street profile grade to the building
ground floor elevation must be accomplished on private property. Stairs,
ramps, retaining walls and modification of the street profile grades shall
not be permitted in the public right of way. Since no setbacks are required
for this project except along N.W. 3 Avenue, extra care must be taken to
adjust the proposed building elevation to meet the existing established
street elevations.
8. The maximum driveway width is 40 feet. City of Miami driveway
entrances, in compliance with A.D.A. standards, shall be required.
9. The maximum slope for a driveway ramp sloping downward toward the
street is 1:10 for the last 20 feet to the property line. 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.
10. An agreement between the City of Miami and the property owner is
required for any landscaping and decorative sidewalk and crosswalk
treatment located in public right of way.
11. Standard parking spaces are 8.5 feet wide and 18 feet long and require a
23 foot back-up distance.
12. 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.
13. 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.
Ana Gelabert-Sanchez
Director
Planning and Zoning Department
Page 3
September 14, 2005
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. Handicap ramps, in compliance with A.D.A. standards, are
required at all street intersections adjacent to the project site. 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.
On N.W. 6, 7 and 8 Streets between N.W. 1 Court and N.W. 3 Avenue and on
N.W. 1 Court, N.W. 2 and 3 Avenues between N.W. 6 Street and N.W. 8 Street,
replace all broken and damaged sidewalk, curb and gutter on both sides of the
roadways. Mill and resurface the entire width, curb to curb, of said roadways.
If you have any questions concerning these comments, please call Mr. Leonard
Helmers, Professional Engineer IV, at extension 1221.
SNG/LJII% lh
i(t31
c: Behar, Font and Partners, P.A.
4533 Ponce de Leon Boulevard
Coral Gables, FL. 33146
Stephanie N. Grindell, P.E., Director of Public Works
Lourdes Slazyk, Assistant Director, Planning Department
bc: Roadway and Development
Central
MIAMI-DADE COUNTY, FLORIDA
M I AM I-DADE
September 13, 2005
Mr. Kevin Walford
City of Miami
Department of Building
444 S.W. 2nd Ave., 4t11 Floor
Miami, Florida 33130
22 Pry 2 0'
AVIATION DEPARTMENT
P.O. BOX 592075
MIAMI, FLORIDA 33159-2075
(305) 876-7000
Re: Height Analysis for the Sawyer's Walk Project
located between NW 6th and 8th ST/ 3rd Ave & 1st Court), in Miami, FL
Dear Mr. Walford:
The Miami -Dade Aviation Department (MDAD) has reviewed your Large Scale
Development Submittal dated July 9, 2005 for a height analysis for the above referenced
project. Our review finds that a 180 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.
Before proceeding with design, any proposed construction at this location exceeding 200
ft will be required to file with the FAA by using form 7460-1 `Notice of Proposed
Construction Alteration for Determination of Known Hazards'. In addition, any
construction cranes for this project exceeding 200 ft must be filed by the construction
contractor using the same form. Thus, for any structure or crane at this location
exceeding 200 ft, FAA form 7460-1 must be filed. The form is available through this
office or through the FAA website: http://forms.faa.gov/forms/faa7460-1.pdf This form
should be mailed to: Federal Aviation Administration, Air Traffic Airspace Branch -
ASW-520, 2601 Meacham Blvd, Ft. Worth, TX 76137-0520.
Please note that the airspace review process is governed by two different regulations: the
Miami -Dade County Height Zoning Ordinances and Federal Regulation Title 14 Part 77.
Neither MDAD nor any IVIDAD staff has the power or authority to enforce the County's
zoning provisions or the FAA requirements. Pursuant to section 33-339, the County's
Department of Planning & Zoning (P&Z) administers the County's height zoning
provisions (Section 33-339) which states that "all applications for permits made to
appropriate municipal Building and Zoning Departments or agencies for all
construction... shall be approved by the [Miami -Dade Department of Planning and
Zoning] Director and the Building Official or by their duly authorized representatives
prior to issuance of the permit."
MIAMI INTERNATIONAL AIRPORT
Mr. Kevin Walford
September 13, 2005
Page 2
The FAA has its own airspace evaluation requirements, as well as the right to permit or
not permit construction of a facility or use of a crane based on the particular facts then
presented before the FAA. Only P&Z or the applicable municipal building official can
make the final determination as to whether the County's zoning requirements and height
limitations are met, and only FAA can make the determination as to whether FAA
building and height requirements are met.
This determination is based, in part, on the description provided to us by you, which
includes specific building locations and heights. Any changes in building
locations/layouts or heights will void this determination. Any future construction or
alteration, including an increase to heights requires separate notice to the FAA apd the
Miami -Dade Aviation Department.
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.
cc:
Aviation Planning
J. Cosper
N. Jolly
S. Harman
J. Bunting
Al Torres, Planning & Zoning
Roberto Lavernia, City of Miami
File Airspace
**PRELIMINARY**
SCHOOL IMPACT REVIEW ANALYSIS
September 26, 2005
APPLICATION: Sawyer's Walk
REQUEST: Large Scale Development
(LSD Mtg. September 21, 2005)
ZONING: SD-16 and SD-16.2 "Southeast Overtown-Park West Commercial -
Residential" (300 DU/acre)
ACRES: + 8.80 net acres
LOCATION: Approximately between NW 6 and 8 Street and 3`d Avenue and 1st Court,
Miami
MSA/
MULTIPLIER: 4.7 / 0.27 Multifamily
NUMBER OF
UNITS: 1,258 proposed units
ESTIMATED
STUDENT
POPULATION: 340 students*
ELEMENTARY: 156
MIDDLE: 85
SENIOR HIGH: 99
SCHOOLS SERVING AREA OF APPLICATION:
ELEMENTARY: Frederick Douglas Elem. - 314 N.W 12 Street
Riverside Elementary -1190 S.W. 2 Street
MIDDLE: Jose De Diego Middle — 3100 N.W. 5 Street
SENIOR HIGH: Booker T. Washington Senior — 1200 N.W. 6 Ave
All schools are located in Region IV.
*Based on Census 2000 Information provided by Miami -Dade County Department of Planning
and Zoning.
0
The following population and facility capacity data are as reported by the Office of
Information Technology, as of August 2005:
STUDENT FISH DESIGN % NUMBER OF % UTILIZATION CUMULATIVE
POPULATION CAPACITY UTILIZATION PORTABLE FISH DESIGN STUDENTS**
PERMANENT FISH DESIGN STUDENT CAPACITY
CAPACITY STATIONS PERMANENT
PERMANENT AND
RELOCATABLE
Frederick 575/
Douglass Elem. 653*
1,178/
Riverside Elem. 1,256*
772
749
75%/
85%*
157%/
168%*
172
0
61 %/
69%*
157%/
168%*
1,449
2,041
Jose De Diego 1,046/ 1,043 100%/ 0 100%/ 2,834
Middle 1,131* 108%* 108%*
Booker T. 1,566/ 69%/ 69%/
Washington 1,665* 2,270 73%* 0 73%* 4,678
Senior High
* Students increase population as a result of the proposed development
** Estimated # of students (cumulative) based on zoning/land use log (2001- present) and
assuming all approved developments are built; also assumes none of the prior
cumulative students are figured in current population
Notes:
1) Figures above reflect the impact of the class size amendment.
2) Pursuant to the Interlocal Agreement, Riverside Elementary School meets the review
threshold.
PLANNED RELIEF SCHOOLS IN THE AREA
(Information included in proposed 5-Year Capital Plan, 2005-2009, dated January 2005)
Projects In Planning, Design or Construction
Projected
School Status Occupancy Date
N/A
Proposed Relief Schools
School Funding Year
State School "GG-1" FY 06-07
(Jose De Diego Middle Relief)
(1,241 student stations)
OPERATING COSTS: According 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 $2,226,660.
CAPITAL COSTS: Based on the State's September 2005 student station cost factors*, capital
costs for the estimated additional students to be generated by the proposed development are:
ELEMENTARY 156 x $ 13,854 = $2,161,224
MIDDLE 85 x $ 15,884 = $1,350,140
SENIOR 99 x $ 21,019 = $2,080,881
Total Potential Capital Cost $5,592,245
* Based on Information provided by the Florida Department of Education, Office of Educational
Facilities Budgeting. Cost per student station does not include land cost.
.2.
City of Miami
Legislation
PAB Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-00614mu1 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A RECONSIDERATION OF A MAJOR USE
SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING
ORDINANCE NO. 11000, AS AMENDED, FOR THE SAWYER'S WALK PROJECT,
TO BE LOCATED AT APPROXIMATELY 152 AND 218 NORTHWEST 8TH
STREET, 249 AND 263 NORTHWEST 6TH STREET AND 160 NORTHWEST 7TH
STREET, MIAMI, FLORIDA, TO CONSTRUCT A MAXIMUM APPROXIMATE
HEIGHT OF 142 FOOT, 13 STORY MIXED -USE STRUCTURE TO BE
COMPRISED OF APPROXIMATELY 1,050 TOTAL MULTIFAMILY RESIDENTIAL
UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 75,000 SQUARE
FEET OF RETAIL SPACE; AND APPROXIMATELY 1,610 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.
Approximately 152 and 218 NW 8th Street, 249 and 263 NW 6th Street and 160 NW
7th Street [Commissioner Michelle Spence -Jones - District 5]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of the City of Miami, Community
Redevelopment Agency
FINDINGS:
PLANNING DEPARTMENT: Recommended approval with conditions*.
*See supporting documentation.
PURPOSE: This will allow the development of the Sawyer's Walk project.
WHEREAS, on September 19, 2007, Ben Fernandez, Esquire, on behalf of Crosswinds at
Poinciana, LLC, Poinciana Village of Miami, Ltd., Sawyer's Walk, Ltd., and City of Miami Community
Redevelopment Agency (referred to as "APPLICANT"), submitted a complete Application for Major Use
Special Permit for Sawyer's Walk (referred to as "PROJECT") pursuant to Articles 13 and 17 of
Zoning Ordinance No. 11000, for the properties located at approximately 152 and 218 NW 8th Street,
249 and 263 NW 6th Street and 160 NW 7th 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 September 21, 2005 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on October 19, 2005, to consider the
proposed project and recommended APPROVAL; and
City of Miami
Page 1 of 10 Printed On: 9/26/2007
File Number: 06-00614mu1
WHEREAS, the Miami Planning Advisory Board, at its meeting held on October 3, 2007 Item No. 9,
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:
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 152 and 218 NW 8th street, 249 and 263 NW 6th Street and 160 NW 7th street,
Miami, Florida, more particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of a four building mixed use
development with a maximum approximate height of 142 foot, 13 story, to be comprised of
approximately 1,050 total multifamily residential units with recreational amenities; approximately
75,000 square feet of retail space; and approximately 1,610 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 SD-16 and SD-16.2 (Southeast Overtown-Park West
Commercial -Residential) 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 *Yes
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner lots Yes *Yes
should be oriented to the corner
and public street fronts.
II) Architecture and Landscape Architecture:
(1) A project shall be designed Yes *Yes
to comply with all applicable
landscape ordinances;
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File Number: 06-00614mu1
(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 *Yes
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant Yes *Yes
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
V) Vehicular Access and Parking:
(1) Design for pedestrian and Yes *Yes
vehicular safety to minimize
conflict points;
(2) Minimize the number and Yes *Yes
width of driveways and curb
cuts;
(3) Parking adjacent to a street Yes *Yes
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas Yes *Yes
as district buffer.
VI) Screening:
(1) Provide landscaping that Yes *Yes
screen undesirable elements,
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File Number: 06-00614mu1
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 *Yes
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes *Yes
feature to the building facade,
on and around landscape
areas, special building or
site features, and/or signage;
(3) Orient outside lighting to Yes *Yes
minimize glare to adjacent
properties;
(4) Provide visible signage Yes *Yes
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
(1) Preserve existing vegetation Yes *Yes
and/or geological features
whenever possible.
IX) Modification of Nonconformities:
(1) For modifications of Yes *N/A
nonconforming structures,
no increase in the degree of
nonconformity shall be
City of Miami Page 4 of 10 Printed On: 9/26/2007
File Number: 06-00614mu1
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.
These findings have been made by the City Commission to approve this project with conditions.
d. The PROJECT is expected to cost approximately $258,988,500, and to employ
approximately 740 workers during construction (FTE-Full Time Employees); The project will
also result in the creation of approximately 40 permanent new jobs (FTE) for building
operations and will generate approximately $2,329,731 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;
(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 April 7, 2006,
and on file with the Planning Department of the City of Miami, Florida, shall be relied upon
generally for administrative interpretations and is incorporated by reference.
Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of
this Resolution and attachment to the APPLICANT.
Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project
as described in the Development Order for the PROJECT, incorporated within.
Section 10. The Major Use Special Permit Development Order for the PROJECT is granted
and issued.
Section 11. In the event that any portion or section of this Resolution or the Development
Order is determined to be invalid, illegal, or unconstitutional by a court or 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
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File Number: 06-00614mu1
commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {1}
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 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 Sawyers Walk, (hereinafter referred to as the "PROJECT") to be located at approximately 152 and
218 NW 8th Street, 249 and 263 NW 6th Street and 160 NW 7th 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 152 and 218
NW 8th Street, 249 and 263 NW 6th Street and 160 NW 7th Street, Miami, Florida. The PROJECT is
located on a gross lot area of approximately 11.70± acres and a net lot area of approximately 8.83±
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 an a four building mixed use development ranging in height from
approximately 133 feet to 142 feet to be comprised of approximately 1,050 total multifamily residential
units with recreational amenities; approximately 75,000 square feet of retail space; and approximately
1,610 total parking spaces; providing for certain floor area ratio ("FAR") bonuses.
The Major Use Special Permit Application for the PROJECT also encompasses the following lower
ranking Special Permits:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for residential
development involving in excess of two hundred (200) units;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (7), for any single use
or combination of uses requiring or proposing to provide in excess of five hundred (500) off-street
parking spaces;
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 616.3, to allow the construction of a new
development in SD-16, SD-16.2 districts;
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 616.8.4.1, to allow relocation of 21,494
square feet of open space to areas within the building. The user shall make a non-refundable
developer contribution of $1,074,700.00 to the Parks and Open Space Trust Fund administered by the
City of Miami;
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 as follow:
Required: Two (2) 12 feet wide x 55 feet long x 15 feet high
Four (4) 12 feet wide x 35 feet long x 15 feet high
Proposed: One (1) 12 feet wide x 55 feet long x 15 feet high
Seven (7) 12 feet wide x 35 feet long x 15 feet high
Four (4) 10 feet wide x 20 feet long x 15 feet high
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, 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
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File Number: 06-00614mu1
minimum stall width dimension of 8'-6" from face of any obstruction
CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512, to allow a waiver of City of Miami
Off-street Parking Guides & Standards, only for reduction of required backup distance in driveway isles
from 23 feet to 22 feet;
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 616.8.3, to allow an exemption from the
setback requirement as set forth in Sec. 616.8.3;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927, 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 906.9, 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 916.2.1, to allow parking for temporary
special event such as ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, 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 920.1.2, to allow 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 10.6.3.16. SD-16, SD-16.1, SD-16.2
Southeast Over town -Park West -Commercial -Restricted District, Temporary Signs (3), to allow
temporary development signs;
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.
Pursuant to Articles 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 Behar Font & Partners, signed and dated September 10, 2007; the landscape plan
shall be implemented substantially in accordance with plans and design schematics on file prepared by
Behar Font & Partners, signed and dated September 10, 2007; 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 SD-16 and SD-16.2 (Southeast
Overtown-Park West Commercial -Residential) 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:
City of Miami Page 7 of 10 Printed On: 9/26/2007
File Number: 06-00614mu1
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
APPLICANTS 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.
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) The pedestrian sidewalk realm shall remain at a consistent height
throughout the project; (b) The pedestrian sidewalk area shall be maintained with a consistent,
recognizable pattern, which shall continue across the vehicular entrances in order to give dominance
City of Miami Page 8 of 10 Printed On: 9/26/2007
File Number: 06-00614mu1
to the pedestrian realm over the vehicular areas; (c) A wall mural or other artwork shall be placed along
the west elevation above the proposed retail store on NW 3rd Avenue. This shall be provided for
review and approval by the Planning Director prior to application for Building Permit; (d) Eliminate the
residential entrance on NW 6th Street and consolidate it with the "residential & commercial" entrance
located on NW 3rd Avenue; (e) Provide habitable ground level space on the south side of NW 6th
Street.
12) Pursuant to comments by the City of Miami Public Works Department, the applicant shall
meet the following conditions: (a) Re -Platting may be required to legalize the divisions of lots 4, 5, 11,
12, 13, 14, 15 and 16 of Block 46 N for the Building #4 Site; and the following street improvements
shall be (b) NW 6th Street between NW 1st Court and NW 3rd Avenue - Replace all broken and
damaged sidewalk, curb and gutter on both sides of the roadways. Mill and resurface the entire width,
curb to curb, of said roadways; (c) NW 7th Street between NW 1st Court and NW 3rd Ave. - Replace
all broken and damaged sidewalk, curb and gutter on both sides of the roadways. Mill and resurface
the entire width, curb to curb, of said roadways; (d) NW 8th Street between NW 1st Court and NW 3rd
Ave. - Replace all broken and damaged sidewalk, curb and gutter on both sides of the roadways. Mill
and resurface the entire width, curb to curb, of said roadways; (e) NW 1st Court between NW 6th
Street and NW 8th Street - Replace all broken and damaged sidewalk, curb and gutter on both sides of
the roadways. Mill and resurface the entire width, curb to curb, of said roadways; (f) NW 2nd Ave.
between NW 6th Street and NW 8th Street - Replace all broken and damaged sidewalk, curb and
gutter on both sides of the roadways. Mill and resurface the entire width, curb to curb, of said
roadways; and (g) NW 3rd Ave. between NW 6th Street and NW 8th Street - Replace all broken and
damaged sidewalk, curb and gutter on both sides of the roadways. Mill and resurface the entire width,
curb to curb, of said roadways.
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
(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:
City of Miami Page 9 of 10 Printed On: 9/26/2007
File Number: 06-00614mu1
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calenda 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 10 of 10 Printed On: 9/26/2007
"Exhibit A"
Page 1 of 3
SAWYER'S WALK
Major Use Special Permit 2007
Legal Descriatian
tots 1 through 12, Inclusive, Black 45, NORTTH CITY OF MfAMI, according to the Plat thdredf, as recorded
In Plat Book"B'r, page 41 of the Public Records of Mlarfd-Dade County, Florida.
•
Lots through 20,Indusive, Block S5, NORTH CITY OP M1AMI, according to the Platt reof, as recorded
in Plat Book "B', page 41 of the Public Records of•Mlam1-Dade County, Florida.
Lots 1 troughs 2, inclusive, Mod( 56, NORTH are OF MIAMI, according to e Plat ereof, as retarded
In Plat Boolc "B , page 41 of the Public Records of •Miami -Dade County, Florida.
1
'Exhibit A"
SAWYER'S WALK
Majorr Use $peckil Perrrilt 2067
Lcllpebtion
frogs 2of3
'hi a tract or -pa g /132 eerree i 0 � S71
pro, o l+tiad Q�nC•'aSate� • •.`
s; . ft•?"kauf of Lot. 1 t •'a,.isas .1.1: i�12 an. tat4 16 thy-. 20;
Clock 46 W of aA.6. Seoul sn fueairtsi-an• loam ,llL to the at
thereof' 'corded L•n p).at b o e $� pa et of la dI Of th A1 bCl'e roc*
in' a of
o.d. by. Florid Al la sing a P+ t,, 1
ino1nd11 partion •t 20 font •xight of ray accor�tifg to thn plat
of George C. $a11se $.bdi�,y�• .�ton Chariot record d in plat bola 1.
page 16 of the pubLA.s rearm * of DalO Co.anty, ;Loridet a bei4:g more
partt0ulhrly dea`eril by Metes and bounds as $,1.1owas ��:
=Mink et a point 61 ids Oaectioa of the No . h Right of i141y. tin+
of 1rlr 7 Street an0 the s t Right of Nay it 'Ie �6 f N0 3rd �5anue,
said of t being IO.D0 fat sterly, trust the eau Rt'h et no tar of
lot 11 of said A.L. Snow...* Subdivision"/ ttfi'irn:se 1orthetiy along
said Bait Right of Way of V11 3rd Avenue, a distnee of 117.17 feet
-to a career; thence Pasta l.y lasting said Rost bigpht of Way rof $d
ird ilvsq and parallel r h said worth Right d flay of 71Y1 17th
Street dintanca o 130 3 feet to a cornett �:h�nci Xartherly
perpIndi .ralar to sal Rig1 t of Way of NW 7th Street. a List nce of
13. 0• Leh to a oorn r3 t1 ads Easterly parallel with slid lght of
Nay 01 :l 7th Striab- a distance of 120.03 feet,;td a corner ' thence
.lortherly,paxallesl with the Right of slay of HI2nd Avanue, is:
distance et 77.00 feat to a corner: tha;sce Past&xly ,tcpandicutar
to said 1117r 241 Avenue, a distance of 119.00 test to a co_nark! thanc4
Northerly parallel with sa.id'Rtght of Irsy of tau and Menu, it
distance f 00.27 feat to * corner, the sorts being in tha. Sou:h
Right eft ay line of dW et street, thanes teeterly %long. pp1 tLd
Soeth g t .of lily lino .ot n•11t1 Sbb ree, a diitin:11 f 1 3i 49 test
E6 a tibo r, tho Waage being at a point og laters'eetio of s id
South Rig b of Say lies• of Nip fith Street a the• Nest R 3ht o ;Kay
line of o id 7LN tad Avenue,', thsnre•3outherly slang no d Nes;.;Right
of Way line of nip 2n2 Avenue, a distance at 207.'3 feet to qg
corner, the soar being et point of 1s.tsrseetin s Li' said Wdat
Right of•Way Line of NA2a•. Avenue and said Hocth RL7ht of tsty iinr
of VW 7th Street: thence Anstar1y along said worth sight outlay
line oC tit 7th Street. a distance of 477.63 :Bet to the POI T OF
BECII:NinC of the tract•hetein described ca.tatnis3 within theca
:fetes and )sounds t .01 1SS acres 163,67 t S. rt.,' of land. •
"Exhibit A"
SAWYER'S WALK
Major Use Special Permit 2007
Leg I Description
Pcige3of3
Saving A •trace or "parcel of te►bd.containinq 1.24753 £ccas
53,733 Sq. rt.) out of lots 4 thru 12 as,.a 2 is i5 and
17,btoele 46 11 of "Jt.t:. Knowlton Sobdiviato;i " according to
the. pplit thereof tacorde In p/et book as ptga e1 of the
pub3lo record(' of Dada Cdanty, loe1d . 1►leo bung a part
of tote 6 and 7 to in:lufia a portion of a 20 foots :tight of
Way According to the plator eisrge C. Boller 5ub.31(taioil
bbactot recorded in plot. 1:ook t, page t 6 of he public
'.cords of Dale County, Florida a bsing.nore pa Ire
d.scr1bsd by metes and bounds as follows:.
6r4INNYftG at a point of inter eactiol of the Fis Bight 'of
Way Line on Ntr 3r3 Avenge and. ohs 5o.tth Rlq'►r. q Way line
at`tlK 6th street, said point being 1?.00. foot to terly and
12.30 feet Southerly from the l orthwrt corirer;of Lot 10
of said "A.L. rnouiton Cast•:rly
along said south !eight of Way line of tray dth street , w
distance of 340.17 feet to a corner' t!'eneriSoathorly
loatiftng *Ltd liodtih Bight of lay lino of Yet d h fret: and
ParaLINIL Kith the west flight of Way line of NW 7' Avenue,
4 d&atones oC 10.77 fret• to a cornery thenci westerly
perpohdioulet to acid Right of Way of Kw+ Ind Avenue, a
dLetenoe of 13.00 tact to a carrre: t thence ;Southerly
parallel with said Right of Vey of NW 2rrd :)venue, s
distance of 77.00. feet .to a corr4r4 thar.ce Westerly
prralLel with the Right. of Kay o: ':W 7th =Street,, a
dlatanct of 10.83 feet to t :orr.erl thence ;Southerly
psrpsndi cuiar to said Right of way of 11 - 1th ;Street, a
di stance of 13.00 feet . to a _ocher; thane iteateth*
parallel with raid R1gtty of Yay of- fig 7t Street, a
distance. of 130.37 Lett to a ccrn.c, the ei,a 'bajLng eta tS.
Cast ]tight o1 Way lido at Kt' 3c3 Avaaue; thence ortherly
along sr id -east Right of Vey of KW 3;1 Avenue, distance
of 170.-26 feat to the P5XS7 or 6cGI f aria orsi!the tract
herein dascrihea coati/ning within Masa liete 1 bouher
1.233.53 aefe, (53,733 Sq. rt.) oC lard.
"Exhibit B"
Project Data Sheet (page 1 of 2)
SAWYER'S WALK
Major Use Special Permit 2007
Project Data Sheet
1. Legal Description See legal descriptions on surveys under Tab Q.
2. Address: 152, 218, NW 81h Street, 249, 263 NW 6th Street,
and 160 NW 7th Street
3. Zoning Classification: SD-16, SD-16.2
4. Lot Area: Net Area: 384,704 square ft.
Gross Lot Area 509,791 square ft.
5. Density: Units/Acre Allowed: 2643 units/acre
Units/Acre Proposed: 1050 units/acre
6. Allowable Area: 2,061,678 1,361,606
7. Height:
Allowed: Provided:
Unlimited 142'
8. Building Footprint: Allowed:
40'to 120' - 70% = 63,013
Provided:
75,120 (variance
required)
120 & above - 50% = 45,009 43,060
9. Number of Parking Spaces:
Required: Provided:
1,125 1,610
"Exhibit B"
Project Data Sheet (page 2 of 2)
10. Green Space: Required:
12,252
11. Setbacks:
Provided:
38,570
BldO. Setbacks
Range
.Required:
Provided:
NW 6lh Street
up to 40'-0"
0'-0"
0'-0"
From 40'-0" up to
90'-0"
1'-0" back for
ea. ft. of add. ht.
13'-0"
Above 90'-0"
0'-0"
13'-0"
NW 2nd Avenue
Up to 40'-0"
0'-0" 2nd Avenue
0'-0"
&NW3rdAvenue
Above 40'-0"
b'-0" 2nd Avenue
14'-10"
and within 150'-
&
&
0" of the
b'-0" 3rd Avenue
0'-0"
centerline of a
b'-0" 3rd Avenue
42'-3"
N/S public street
right-of-way
there shall be no
additional
setback
requirements
NW 7th Street
Up to 40'-0"
0'-0"
8'-11 "
From 40'-0" up to
90'-0"
1'0" back for ea.
ft. of add. ht.
11'-9"
Above 90'-0"
0'-0"
11'-9"
"EXHIBIT C"
PLANNING ADVISORY BOARD
RESOLUTION PAB-06-060
A RESOLUTION OF THE PLANNING ADVISORY BOARD RECOMMENDING
APPROVAL WITH CONDITIONS AS SPECIFIED BY STAFF, OF A MAJOR
USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING
ORDINANCE NO. 11000, AS AMENDED, FOR THE SAWYER'S WALK
PROJECT (MU-2006-019), TO BE LOCATED AT APPROXIMATELY 152 AND
218 NORTHWEST 8TH STREET, 249 AND 263 NORTHWEST 6TH STREET
AND 160 NORTHWEST 7TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A
FOUR BUILDING MIXED -USE DEVELOPMENT RANGING IN HEIGHT FROM
APPROXIMATELY 133 FEET TO 142 FEET TO BE COMPRISED OF
APPROXIMATELY 1,050 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH
RECREATIONAL AMENITIES; APPROXIMATELY 75,000 SQUARE FEET OF
RETAIL SPACE; AND APPROXIMATELY 1,587 TOTAL PARKING SPACES;
DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING
A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
HEARING DATE: June 21, 2006
FILE ID# 06-00614mu
ITEM NO.; P.9
VOTE: 6-1
ATTEST:
Ana be anchez, Director
Planning Department