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HomeMy WebLinkAboutPAB 11.07.07-Item #2 - 06-00614mu1PLANNING FACT SHEET LEGISTAR FILE ID: 06-00614mu1 APPLICANT REQUEST/LOCATION COMMISSION DISTRICT ZONING DISTRICT(S) SITE AREA LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION November 7, 2007 Item # 2 Ben Fernandez, Esquire, on behalf of City of Miami Community Redevelopment Agency 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] 5 SD-16 & SD-16.2 (Southeast Overtown-Park West Commercial -Residential) 11.70± acres (Gross) and 8.83± acres (Net) See supporting documentation Reconsideration of a Resolution, 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 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. 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: 10/31/2007 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 reconsideration of 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 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. 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 8 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 8 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.", copy of the EIA has been provided by Ben Fernandez from "Bercow, Radell and Fernandez" (attorneys for applicant) and pursuant to Power U for Social Change, Inc., Beatrice A Gilbert, Monica Williams and Elsie Hubbard v. Miami City Commission, City of Miami, a Florida municipal corporation, Crosswinds at Poinciana Village of Miami, Ltd., Sawyer's Walk, LTD., and the Eleventh Judicial Circuit Court in and for Miami Dade County, Florida No. 06-588 AP. • It is found that the applicant submitted a letter dated October 18, 2007 which stated that: (1) "revised plans are substantially unchanged from the original MUSP plans except for transfer in density from building 4 to building 1 of 91 units. The location of the buildings and their setbacks remain the same. Similarly the height of the buildings has not increases and the overall building envelopes and their footprints remain unchanged"; (2) "the plans were modified in response to the City Commission's amendment to the Development agreement for this property". (See exhibit "D") • It is found that upon review of the request for a non -substantial modification submitted by the applicant, the Planning Director and the Zoning Administrator granted the modifications as non -substantial, pursuant to Section 2215, 2215.1, and 2215.2 of the Zoning Ordinance (See exhibit "E"). • 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) 06-00614mu Page 3 of 8 • 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 not located along a Primary Pedestrian Pathway. • It is found that the proposed project is not located within an Archeological Conservation area. • It is found that the proposed 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 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 + 13 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) shall remain at a consistent height throughout; (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) Provide details for the proposed wall mural or other artwork along the west elevation on NW 3rd Avenue (Block 55); (d) Eliminate 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) Provide 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 06-00614mu Page 4 of 8 shade trees to provide shade for pedestrians along NW 6th Street, NW 8th Street, NW 1st Court, NW 2nd Avenue and NW 33rd 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. • 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 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. 06-00614mu Page 5 of 8 • 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) 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 06-00614mu Page 6 of 8 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. As part of this reconsideration of the previously approved Resolution PAB 06-060 (on June 21, 2007) contains a non -substantial modification, the following conditions remain valid. 11) Pursuant to the present request of reconsideration, it has been determined by the Planning Director that all modifications are non -substantial and therefore the previously approved the Resolution PAB 06-060 dated on June 21, 2006 along with below described conditions still applies: (a) In order to enhance the pedestrian character of NW 3rd Avenue and NW 6th Street (west and south side of Block 55, respectively) shall remain at a consistent height throughout; (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) Provide details for the proposed wall mural or other artwork along the west elevation on NW 3rd Avenue (Block 55); (d) Eliminate 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) Provide 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 33rd 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. 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 06-00614mu Page 7 of 8 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 8 of 8 ZONING ATLAS MAP pm 0 150 300 R-4 NW 9TH ST 1 O 600 Feet OVERTOWN STA CBD ADDRESS:152, 218, 249, AND 263 NW 8TH ST 160 NW 7TH ST I I ywK ! N a- +star. �' ;. 4, ile .,is, -% '7c• pphi .Ar ' �� z �'�r o �}Y1 , . IC ` I 0 150 300 600 Feet c • m' 4Z; 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 C I T Y 0 M I A M I PLANNING AND ZONING DEPARTMENT PRE -APPLICATION DESIGN REVIEW COMMENTS MAJOR USE SPECIAL PERMIT SAWYER'S WALK (FKA: C ROSSWINDS) NET DISTRICT: OVERTOWN 8-23-05 The following comments represent the unified vision of the Pre -Application Design Review Committee, which consist of all staff members in the Urban Design and Land Development Divisions. COMMENTS: The following comments are being made in an effort to develop projects to their highest potential and make a significant contribution to improving the quality of our built environment with great architecture and urban design. 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: 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, 1:12 (8.3%). See photograph below. 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. NOTE: The photograph is meant to illustrate the idea of a continuous pedestrian realm and may not represent approved solutions from the City's Public Works Department. All curb, gutter and sidewalk work must be approved by Public Works. • Consider applying a wall mural or other artwork along the west elevation of the proposed grocery store on NW 3rd Avenue (Block 55). It is our intention with these comments to aid in expediting Special Permit applications with your voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Committee or the Urban Development Review Board. 1 • 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 3td Avenue. • 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 I-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. It is our intention with these comments to aid in expediting Special Permit applications with your voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Committee or the Urban Development Review Board. 2 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 CI 'I' Y OF MI A MI P I. A N N I \ c: D h: P A R 'I. M I{ N 'I. UItBAN DE.VELOPXIENT REVIEW BOARD It E s O E. r r t O N EO 12 R €•: c: ca MM E\ [) A T€ O N: UDRB l C- l 9- 0 5 Item No. 8: A motion was made by Marina Khoury and seconded by Derrick Smith for a resolution recommending to the director of the Department of Planning approwl'aith ma'itivns for a Class II Special Permit for the project Sawyers Walk located at 249-263 NW 6`I' Street with a vote of 5 to 0. Vote List Yes No Recused Absent Todd B. 'I'ratgasli, 01, / 1 ❑ ❑ ❑ Julio Diaz., V. C h. ® ❑ ❑ • Willy Bermdlo ■ ■ ■ ►1 Robin Bosco ® ❑ ❑ ❑ Marina Khoury ® ■ ❑ ❑ Denier Smith. ® ❑ ❑ ❑ Qarlos Touzet ■ ❑ 0 ® 11 Robert Behar ❑ ❑ ■ Roger- Fry 0 ■ ■ PSI Conditions: et/Provide details of the an wall to staff. • Break the length of the interior hallway on 6i1, Ave to allow natural light to enter and help break the building faccade. Att ahert-Sanehez, Director Alexander Adams, UDRB Officer 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. 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. LOCATION: 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 Sawyers 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 supplemented Application in compliance with Power U for Social Change, Inc., Beatrice A Gilbert, Monica Williams and Elsie Hubbard v. Miami City Commission, City of Miami, a Florida municipal corporation, Crosswinds at Poinciana Village of Miami, Ltd., Sawyer's Walk, LTD., and the Eleventh Judicial Circuit Court in and for Miami Dade County, Florida No. 06-588 AP for Major Use Special Permit for Sawyers 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, the applicant has submitted revised plans to the previously considered Sawyer's Walk and it has been determined by Zoning Administrator and Planning Director that the changes in this City of Miami Page 1 of 12 Printed On: 10/31/2007 File Number: 06-00614mu1 submittal is not substantial as per section 2215.1 of the City of Miami Zoning Ordinance 11000; 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 WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 21, 2006 Item No. 9, following an advertised public hearing, adopted Resolution No. PAB 06-060 by a vote of six to one (6- 1), recommending APPROVAL with conditions as presented in the Major Use Special Permit Development Order as attached and incorporated; and WHEREAS, a civil action styled Power U Center for Social Change, Inc., et. al. v. City of Miami, City of Miami Community Redevelopment Agency, et. al. (Fla. Cir. Ct. Appellate Division Case No. # 06-588 AP) challenged the granting of this Major Use Special Permit ("MUSP") for Sawyer's Walk following the public hearing held on October 26, 2006 and the Court on July 9, 2007 issued an opinion granting the writ of certiorari and remanded this case for a new MUSP hearing before the Respondent City of Miami City Commission to be held in accordance with the opinion of the court; 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; and WHEREAS, the Applicant proferred additional community support measures which were noted and discussed on the record and the City Commission recommends that the Applicant abide by such terms; and WHEREAS, the Applicant some weeks ago supplemented the instant MUSP application to expressly include an environmental impact analysis provided by the Applicant which concludes that this development will have a favorable impact on the environment and natural resources of the City of Miami; and, WHEREAS, the environmental impact analysis has been provided by the Applicant to legal counsel of record for the Petitioners in the above referenced case and has been made a part of the Application on file with the City of Miami for this MUSP; and WHEREAS, following the foregoing actions, the Miami Planning Advisory Board at its meeting held on 2007, Item No. , following an advertised public hearing, adopted Resolution No. PAB 07- , by a vote of to , recommending with conditions of the Major Use Special Permit. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 2 of 12 Printed On: 10/31/2007 File Number: 06-00614mu1 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; City of Miami Page 3 of 12 Printed On: 10/31/2007 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 City of Miami Page 4 of 12 Printed On: 10/31/2007 File Number: 06-00614mu1 screen undesirable elements, such as surface parking lots, and that enhances space and architecture; (2) Building sites should locate Yes *Yes service elements like trash dumpster, loading docks, and mechanical equipment away from street front where possible. When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front they should be situated and screened from view to street and adjacent properties; (3) Screen parking garage Yes *Yes structures with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. (VII) Signage and Lighting: (1) Design signage appropriate Yes *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, City of Miami Page 5 of 12 Printed On: 10/31/2007 File Number: 06-00614mu1 no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform Yes *N/A to current regulations shall be designed to conform to the scale and context of the nonconforming structure. *Compliance is subject to conditions. 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 the applicable standards set forth in section 1703.2 of the Zoning Ordinance ,including, without limitation 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 based on an environmental impact analysis provided by the Applicant which is on file at the City of Miami with this application ; (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)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 September 19, 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 City of Miami Page 6 of 12 Printed On: 10/31/2007 File Number: 06-00614mu1 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. issued. The Major Use Special Permit Development Order for the PROJECT is granted and Section 11. In the event that any portion or section of this Resolution or the Development Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order which shall remain in full force and effect. Section 12. The provisions approved for this Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} 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. 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 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: City of Miami Page 7 of 12 Printed On: 10/31/2007 File Number: 06-00614mu1 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 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 City of Miami Page 8 of 12 Printed On: 10/31/2007 File Number: 06-00614mu1 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 City of Miami Page 9 of 12 Printed On: 10/31/2007 File Number: 06-00614mu1 THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating 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 City of Miami Page 10 of 12 Printed On: 10/31/2007 File Number: 06-00614mu1 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; (f) As proffered by the Applicant, a total of 112 of the dwelling units shall be provided as Affordable Housing units to be certified as such by the City of Miami Department of Community Development (or any successor municipal agency). 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 Aenue - Replace all broken and damaged sidewalk, cur and gutter on both sides of the roadways. ill andresurface 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) Prior to the issuance of a building permit, the applicant shall submit a letter of approval of the proposed height from the Miami -Dade County Aviation Department. If no such approvals are granted, the height of the proposed project shall be reduced to those eights referenced in the letter from Miami -Dade Aviation to the Planning Department dated September 13, 2005. 14) Within 90 days of the effective date of this Development Order, record a certified copy of the Development Order specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. City of Miami Page 11 of 12 Printed On: 10/31/2007 File Number: 06-00614mu1 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) PROJECT will have a favorable impact on the economy of the City; and (2) PROJECT will efficiently use public transportation facilities; and (3) PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) PROJECT will efficiently use necessary public facilities; and (5) PROJECT will not negatively impact the environment and natural resources of the City; and (6) PROJECT will not adversely affect public safety; and (7) public welfare will be served by the PROJECT; and (8) potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 12 of 12 Printed On: 10/31/2007 "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 "Exhibit D" BERCOW RADELL & FERNAN DEZ ZONING, LAND USE AI•JD ENVIFiONIVAEN-I-AL LAW Direct: 305-377-6235 E-Mail: bfernandez(g]brzoninglaw.conl VIA HAND DELIVERY & E-MAIL October 18, 2007 Mrs. Ana Gelabert-Sanchez, Director Planning Department City of Miami Riverside Center 444 SW 2nd Avenue, 4th Floor Miami, FL 33130 Re: Sawyer's Walk MUSP -152 NW 8th Street Dear Mrs. Gelabert: This law firm represents the applicant in relation to the referenced application for a Major Use Special Permit (MUSP). Thepurpose of this letter is to request confirmation that the revised plan previously submitted to the Zoning Department and the Planning Department in relation to the application, dated received by the Hearing Board 09-17-07, are not a substantial modification to the previously submitted plans for this project. The revised plans are substantially unchanged from the original MUSP plans except for a transfer in density from building 4 to building 1 of 91 units. The location of the buildings, and their setbacks remain the same. Similarly, the height of the buildings has not increases and the overall building envelopes and their footprints remain unchanged. The plans were modified in response to the City Commission's amendment to the Development Agreement for this property. Therefore, we respectfully request that you verify that the revisions are non -substantial based on the criteria described in Section 2215 of the Zoning Ordinance. This application for a non -substantial modification prior to public hearing is being made pursuant to Section 2215, 2215.1 and 2215.2 of the Zoning Ordinance. WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD. SUITE 850 • MIAMI_ Pi (PIP a ae.�. 4 Mrs. Ana Gelabert- ,anchez, Director October 18, 2007 Page 2 of 2 Thank you for your attention to this matter. S' , Elen Fernandez BF/ bI cc: Carmen Sanchez Tony Perez Rafael Suarez -Rivas, Esq. BERCOW RADELL ISL FERNANDEZ ZPNINO. LgNO USE Aar4 ca NMENTAL LAW "Exhibit E" MODIFICATION APPLICATION CiTY OF MiAMI MODIFICATION APPLICATION Planning & Zoning Department 444 S.W. 2nd Avenue, 3,d Floor Miami, FL 33130 305.416.1400 Ordinance f Resolution /'Permit# Receipt # Pending" This is to request that the permit, resolution or ordinance captioned above be considered for modification and that said modification be reviewed in order to determine whether It is substantial, non -substantial or in substantial compliance. with the approvals obtained, as `. described in the documents attached. Applicant Name Bercow, Radell & Fernandez City! State 1 Zip Miami, FI 33131 Zoning. District: Address cif property: Nature:of proposed use: SD-16 and SD-16.1, 152 NW-l3i"Street. . Sawyer's Walk MUSP The foliowing is attached in support or explanation of this application. a) Legal description of propertyand for survey, and for floor plan. b) Previously approved plans and:revised plans. c) ; 'Description of modifications d),; : Revised zoning calculations e)• Other (specify) Section 2215.1. Substantial changes defined; changes prior to notice of public hearing. Substantial changes affect the essential part of the application, not just the form of the application, as determined by the Zoning Administrator and the Planning and Zoning Director. Such determinations shall be made upon a request to review proposed modifications to applications for the following items © Class II Special Permit ❑ Variance ❑ Special Exceptions B Major Use Special Permit ❑ Zoning Atlas Amendment The requested proposed changes to the MUSP have been reviewed as specified in the attached letter from Ben Fernandez Esq., dated October 16, 2007, with attachments, including revised plans prepared by Behar Font on file with the Hearing Boards office stamped date received 9-17-07. The review will be conducted by persons defined in Section 2202.1(e), using the following criteria: ✓ (a) The requested change exceeds the zoning regulations ✓ (b) The footprint of the building is proposed to be moved by more than ten (10') feet in any horizontal direction ✓ (c) The height of the building or any portion thereof is proposed to be increased by more than five (5') feet or five (5%) percent of the height of the building, whichever is greater, in a vertical direction; or ✓ (d) The Zoning Administrator shall refer the proposed change to the Director of the Planning and Zoning Department in order to apply the applicable criteria as set forth in section 1305, where at such time the Planning Director shall determine if the proposed changes result in substantially the same project and are stilt in compliance with the findings in the original application. Zoning Administrator's .findings and conditions: The changes as• proposedin the submittal, do not exceed the Oararneters` described above and in Section 2202.1 (e) and are therefore nonsubstantial This herebytransniits these findings to the -Planning Director to determine If the proposed' changes result in substantially the same project and are still in;compliance findings in the original application. Name Lourdes Slaz1k Date /0 Signature o Substantial Non -Substantial ❑ Substantial Compliance