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HomeMy WebLinkAboutItem #7 NordicaPLANNING FACT SHEET LEGISTAR FILE ID: 07-00049mu APPLICANT REQUEST/LOCATION COMMISSION DISTRICT ZONING DISTRICT(S) SITE AREA LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION October 3, 2007 Item # 7 N. Patrick Range, Esquire, on behalf of Calle Ocho, LLC. Consideration of a Major Use Special Permit for the Nordica on 8th project, located at approximately 705, 709, 719-729 SW 12 Avenue, 1125, 1145, 1151, 1161-1171 and 1177 SW 8 Street, 1118, 1124, 1136, 1140, 1152, 1162 SW 7 Street. [Little Havana NET District] 3 R-3 (Multifamily Medium Density Residential) w/SD-12 (Special Buffer Overlay District); C-1 (Restricted Commercial) District with w/SD-25 (SW 8TH St. Special Overlay District); SD-14 (Latin Quarter Commercial - Residential and Residential Districts). 2.99± acres (Gross) and 2.19± acres (Net) See supporting documentation Consideration 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 Nordica on 8th project, to be located at approximately 705, 709, 719-729 SW 12 Avenue, 1125, 1145, 1151, 1161-1171 and 1177 SW 8 Street, 1118, 1124, 1136, 1140, 1152, 1162 SW 7 Street, Miami, Florida, to construct an approximate 152 foot, 13 story high mixed -use structure to be comprised of approximately 387 total multifamily residential units with recreational amenities; approximately 4, 459 square feet of restaurant space; approximately 11, 810 square feet of retail space; and approximately 477 total parking spaces. APPROVAL with conditions BACKGROUND AND ANALYSIS See supporting documentation PLANNING ADVISORY BOARD CITY COMMISSION VOTE: 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 Nordica on 8th located at approximately 1145 SW 8TH Street. FILE ID: 07-00049mu Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for Nordica on 8th project (07-00049mu) has been reviewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, located at approximately 1145 SW 8TH Street, with the legal description attached as "Exhibit A", will be comprised of a Mixed Use Multifamily Residential Building of 387 residential units with approximately 338,246 square feet of residential floor area, approximately 19,133 square feet of non-residential floor area, and a total of 477 total parking stalls. The proposed structure will have a maximum height of 152 feet 0 inches NGVD at top of architectural feature of the building; providing for certain floor area ratio ("FAR") bonuses. This MAJOR USE SPECIAL PERMIT encompasses the following Special Permits and request: MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (8) and ARTICLE 9, Section 914, Sub -Section 914.1 Dwelling unit, square footage, and off-street park- ing bonuses for contribution to Affordable Housing Trust Fund; exceptions, to allow an increase up to twenty (25) percent of additional floor area as a development bonus of approximately 19,629.93 square feet, the user shall make a non-refundable bonus developer contribution of twelve (12) dollars and forty (40) cents per square foot for a total amount of $243,411.13 to the Affordable Housing Trust Fund administered by the City of Miami; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (9) and ARTICLE 5, Sect. 502. PUD districts; minimum area, maximum densities and maximum floor area ratios permitted (a)(c), to allow up to 20 % increase of floor area ratio, for an increase of approximately 56,291.5 square feet of floor area; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for residen- tial development involving in excess of two hundred (200) units; CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 625.3, to allow the construction of a new development in SD-25 districts; CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 614.3, to allow the construction of a new development in SD-14, SD-14.1 districts; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, C-1 Restricted Commercial, Class II Special Permits required, to allow an increase of the maximum allowed footprint of 40 the Gross Lot Area to 60% GLA; CLASS II SPECIAL PERMIT, as per Article SD-14, Latin Quarter Commercial -Residential and Residential District, Section 614.3.5 (3), Building footprint, Class II Special Permit required, to allow an increase of the maximum allowed footprint of 40 % the Gross Lot Area to 60% GLA; 07-00049mu Page 1 of 6 CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512. Class II Special Permit re- quired for waiver of design standard and guidelines, 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 9, Section 908, Sub -Section 908.2, and Access, to allow driveways of width greater than 25 feet; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary structures, occupan- cies, and uses during construction, criteria for special permits, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, cov- ered walkway and if encroaching public property must be approved by other city departments; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub -Section 906.9. Temporary special events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremony; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub -Section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as ground breaking ceremonies; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2. Temporary off-street offsite parking for construction crews, criteria, to allow temporary off-street offsite parking, for construction crews working on a residential -commercial project under construction, within C-1 or more permissive zoning district; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub -Section 920.1.2. Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes, when authorized for security or other purposes in connection with land development such as construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT, as per, ARTICLE 10, Section 10.5, Sub -Section 10.5.4.3, C-1 Re- stricted Commercial, Temporary Signs (3), to allow temporary development signs; CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6, Sub -Section 10.6.3.14. SD-14, SD-14.1, SD-14.2 Latin Quarter Commercial -Residential and Residential District, Temporary Signs (3), to allow temporary development signs; REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) per- mitting 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 PHASED PROJECT, subject to qualifications by the Director of the Planning Department, at the written request of the property owner (s) REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be re- quired at the time of issuance of Shell Permit instead of at issuance of Foundation Permit: 07-00049mu Page 2 of 6 The requirement to record in the Public Records a Declaration of Covenants and/or Restric- tions providing that the ownership, operation and maintenance of all common areas and fa- cilities 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 5, 9, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. In determining the appropriateness of the proposed project, the Planning Department has referred this project to the Large Scale Development Committee (LSDC) and the Planning Internal Design Review Committee for additional input and recommendations; the following findings have been made: • It is found that the proposed development project will benefit the area by creating additional commercial and residential opportunities in the Little Havana NET District, located immediately west of SW 12th Avenue between SW 7th and SW 8t" Streets • It is found that the subject property is located in the "Lawrence Estate and Co's Subdivision" Plat within the East Little Havana neighborhood of the City. • It is found that the property is comprised for different zoning designations R-3 (Multifamily Medium Density Residential) w/SD-12 (Special Buffer Overlay District); C-1 (Restricted Commercial) District with w/SD-25 (SW 8TH St. Special Overlay District); SD-14 (Latin Quarter Commercial -Residential and Residential Districts). • It is found that pursuant to the Comprehensive Neighborhood Plan of the City of Miami, Florida, the existing Future Land Use categories for the properties are "Restricted Commercial" and "Medium Density Multifamily Residential". • It is found that the residential density of the project (387 units at 177 units per acre) is below the maximum 438 units (200 units per acre) on the 2.19± net acre site. • Pursuant to Article 17 and Section 914.1, the proposed project is requesting a development bonus of 19,629.93 square feet of additional floor area, and shall pay into the Affordable Housing Trust Fund at amount of $12.40 per square foot which represents a total amount of $243,411.13. • It is found that the project is expected to cost approximately $90,000,000, and to employ approximately 89 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 40 permanent new jobs (FTE) and will generate approximately $667,468 annually in tax revenues to the City (2007 dollars). • It is found that Miami -Dade Public Schools provided a preliminary review of the proposed project on August 24, 2006. The student population generated by this development is estimated at 110 students. The schools serving this area are for Elementary (53 students): Riverside (151% Florida Inventory School Houses (FISH) Capacity for the proposed project) and Frederick Douglas (64% - FISH); Jose de Diego Middle (24 students) — 98% 07-00049mu Page 3 of 6 FISH; and Booker T. Washington Senior High (33 students) — 69% FISH. Pursuant to the interlocal agreement, Riverside Elementary is above the threshold of 115%. • It is found that on September 12, 2006, the Miami -Dade Aviation Department provided a Height Analysis review of the proposed project and found that it is not necessary to file with the FAA, however, any cranes of this project exceeding 200 feet AMSL (Above Mean Sea Level) must be filed by the construction contractor using the form 7460-1, "Notice of Proposed Construction Alteration for Determination of Known Hazards". • It is found that the Large Scale Development Committee reviewed the project on September 13, 2006 to address the expressed technical concerns raised at said Large Scale Development Committee meeting. • It is found that on December 12, 2006, the City's Traffic Consultant, URS Corp., provided a review (W.O. #166) of the Traffic Impact Analysis submitted by the applicant and has found the traffic analysis sufficient. • It is found that on September 14, 2007, The Spinnaker Group, Inc., Environmental Consultants provided an "Environmental Impact Analysis Statement" for the project, concluding that "the proposed development site is appropriate and has a favorable environmental impact within the immediate neighborhood". • It is found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board on September 9, 2006, which recommended Approval (UDRB Reso. 9-21-06-9) with conditions. • It is found that the Internal Design Review Committee reviewed the proposed project on October 6, 2005 and on September 18, 2007 and the following pertinent comments were made: Pedestrian Realm: 1) Continue sidewalk paving materials across vehicular areas and ramp driveway up to the sidewalk within the landscape verge; 2) Minimize vehicular / pedestrian conflicts by reducing the amount of curb cuts in the proposal, 3) Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas. 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. Architecture: 1) The committee appreciates the applicant's efforts to reduce the height and bulk of the structure, but finds that the building is still out of scale with the surrounding neighborhood, 2) Provide specifications and details of what type of materials are being proposed to screen the parking garage; Landscaping: 1) Provide a continuous canopy of shade trees along S.W. 7t" Street. 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. Based on these findings, the Planning Department is recommending approval of the requested Development Project with the following conditions: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit including the required Affordable Housing Trust fund contribution of 19,629.93 square feet times $12.40 per square foot for a total amount of $243,411.13 to the Affordable Housing Trust Fund administered by the City of Miami. 07-00049mu Page 4 of 6 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. 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. 07-00049mu Page 5 of 6 10) If the project is to be developed in phases, the Applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director. 11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions: a) Provide a continue sidewalk paving materials across vehicular areas and ramp driveway up to the sidewalk within the landscape verge; b) Provide plans showing how the amount of curb cuts in the proposal will be mitigated in order to minimize vehicular / pedestrian conflicts; c) Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas. 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; d) Reduce the height and/or introduce additional step backs that will soften the impact of this project on the neighboring properties, e) Provide a new landscape plan indicating what types of materials that are being proposed to screen the parking garage. A continuous canopy of shade trees to S.W. 7th Street shall be provided close to the edge of curb in the public right of way (at no greater than 33' on center) to provide a buffer for pedestrians from vehicular traffic, prior to the issuance of a building permit. 12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: (a) S.W. 12 Avenue: Coordinate with the Florida Department of Transportation for any proposed improvements and replacement of any damaged sidewalk, pavement and curb and gutter. (b) S.W. 7 Street: Coordinate with the the Florida Department of Transportation for any proposed improvements and replacement of any damaged sidewalk, pavement and curb and gutter. (c) S.W. 7 Street: Coordinate with the the Florida Department of Transportation for any proposed improvements and replacement of any damaged sidewalk, pavement and curb and gutter 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. 07-00049mu Page 6 of 6 Res FUTURE LAND USE MAP ricted Commercial Medium Density Multifami y Resident al cn 3 SW 8TH ST 0 130 260 1- SW 7TH ST Duplex - Reside ntial 520 Feet Address: 705, 709, 719-729 SW 12 Avenue 1125, 1145, 1151, 1161-1171 & 1177 SW 8 Street 1118, 1124, 1136, 1140, 1152, 1162 SW 7 Street 0 130 260 I ZONING ATLAS MAP 520 Feet 1 1 1 1 1 1 1 1 Address: 705, 709, 719-729 SW 12 Avenue 1125, 1145, 1151, 1161-1171 & 1177 SW 8 Street 1118, 1124, 1136, 1140, 1152, 1162 SW 7 Street 0 130 260 520 Feet 1 1 1 I 1 1 1 1 1 Address: 705, 709, 719-729 SW 12 Avenue 1125, 1145, 1151, 1161-1171 & 1177 SW 8 Street 1118, 1124, 1136, 1140, 1152, 1162 SW 7 Street Projects in the Vicinity Nordica on 8 07-00049mu No. Name 1 Havana Village (fka Little Town) # 2 Nordica on 8 # 3 Latin Quarters # 4 Latitude on the River (fka River Place)# Floors Units 10 88 15 415 17 72 Status D APPLICATION PHASE D APPLICATION PHASE E PRELIMINARY PHASE 42 455 B UNDER CONSTRUCTION #-Indicates Mixed -Use Project with Retail and/or Office uses 07-00049mu Nordica - Projects in the Vicinity December 12, 2006 pL n i t.• IZ: (I;iyJ U,,.,u Ms. [ilia 1. Medina, AICP Assistant Transportation Coordinator City of Miami, Office of the City Manager/Transportation 444 SW 2nd Avenue (10th Floor) Miami, Florida 33130 Re: Nordica on 8 (WO # 166) Sufficiency Letter Dear Ms. 1uledina: Via Fax and US Mail Subsequent to our September 11, 2006 review comments for the subject project, we have received a revised traffic report along with a formal response from Fandrei Consulting Inc. (FCI) dated December 2, 2006. We have also received a revised site plan showing the turning radius of the delivery trucks from FCI. Photocopy of the response letter and revised site plan from FCI are attached herewith. Please note that the applicant has stated that the current site plan has been revised to address the issue of excessive queue length at the SW 71h Street Driveway. According to the revised site plan, vehicles from the retail and office parking area will exit through the SW 8th Street Driveway. The applicant also concluded that the revision of the site plan eliminates the queuing problem. At this time, we conclude that the revised traffic report along with the subsequent submittal meets all the traffic requirements and the report is found to be sufficient. Should yoga have any questions, please call Quazi Masood or me at 954.739.1881. Sincerel UR rati n Southern Raj ' anmug Seni. Traffic Engineer Attachment Cc: Mr. Antonio E. Perez, Planner I1, City of Miami (Fax: 305.416.1443) Mr. Manny A. Vega, Engineer 1, City of Miami Zoning (Fax: 305.416.1490) Mr. Henry A Fandrei, PE, PTOE - FCI (Fax: 305.921.9940) URS Corporation Lakeshore Complex 5100 NW 33rd Avenue, Suite 150 Fort Lauderdale, FL 33309-6375 Tel: 954.739.1881 Fax: 954.739.1789 CITY OF MIAMI, FLORIDA RECEIVED PLANNING DEPARTMENT INTER -OFFICE MEMORANDUM 2006 SEP -8 PM 2: 87 Ana Gelabert-Sanchez Director Planning Department Stephanie N. GrindelI, P.E. Director Public Works Department DATE: SUBJECT: August 29, 2006 REFERENCES: ENCLOSURES: FILE : Large Scale Development Review - NORDICA ON 8 The Public Works Department has reviewed the Large Scale Development plans for the development entitled NORDICA ON 8 Iocated at 1107-77 S.W. 8 Street and has the following comments. 1. S.W. 12 Avenue is zoned 81.0 feet, an additional 10.5 feet of right of way dedication is required along the avenue. S.W. 8 Street is zoned 70 feet and an additional 10 feet of right of way dedication of Lot 12 on the north side of the street is required. 2. A 25 foot corner radius dedication is required at the intersections of the base building lines at S.W. 7 Street and S.W. 12 Avenue and at S.W. 8 Street and S.W. 12 Avenue. 3. The proposed structure must not encroach beyond the zoned right of way line (base building Line) of S.W. 12 Avenue, S.W. 7 Street, S.W. 8 Street and at the 25 foot corner radius. The proposed building is not permitted to encroach beyond the base building line at any level, above or below grade. Please refer to page A- 2.3. 4. The proposed island in the S.W. 7 Street driveway entrance interferes with truck maneuvering turns. 5. Insufficient back up distance is provided for the accessible parking area. Standard parking spaces are 8.5 feet wide and 18 feet long and require a 23 foot back-up distance. A Special Class II permit is required to reduce the back-up distance. 6. 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. 7. All transitions from the established street profile grade to the building floor elevation must be accomplished on private property. Stairs, ramps, retaining walls, etc. will not be permitted in the public right of way and the Ana GeIabert-Sanchez Director Planning Department Page 2 of 3 August 29, 2006 record profile street grade cannot be changed to accommodate the proposed building ground floor elevation. 8. An agreement between the City of Miami and the property owner is required for any landscaping and decorative sidewalk treatment located in the public right of way. Public Works approval and permit is required for any landscaping improvements in the right of way. An FDOT permit is required for any work on S.W. 12 Avenue, S.W. 7 Street and S.W. 8 Street. The proposed trees located at the corner of S.W. 12 Avenue and S.W. 8 Street are in direct conflict with the corner visibility triangle. 9. Continuous pedestrian sidewalk is required within the public right of way abutting the project site without requiring pedestrians to enter private property. Along S.W. 12 Avenue, S.W. 8 Street and S.W. 7 Street, the sidewalk width must comply with A.D.A. clearance requirements.. All greenspace and landscaping required by the Zoning Ordinance must be accommodated on private property. Greenspace and landscaping within the public right of way cannot be included in the calculations for meeting greenspace zoning requirements. 10. Florida. Department of Transportation approval and permit is required for the proposed driveways on S.W. 7 Street and S.W. 8 Street. Driveways must comply with F.D.O.T. regulations. 11. 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. 12. 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. 13. This project is 10.95 acres in total construction area. Therefore, sediment and erosion control methods of construction must comply with the City of Miami Municipal Separate Storm Sewer Permit (MS4). This project will require a Florida Department of Environmental Protection (DEP) Stormwater, Erosion and Sediment permit. For additional information, please contact the Public Works Department at (305) 416- 1200 or www.dep.state.fl.us/water/stormwater/npdes. In addition to these comments, the Public Works Department will require the following street improvements: Ana Gelabert-Sanchez Director Planning Department Page 3 of 3 August 29, 2006 S.W. 12 Avenue: Coordinate with the Florida Department of Transportation for any proposed improvements and replacement of any damaged sidewalk, pavement and curb and gutter. S.W. 7 Street: Coordinate with the Florida Department of Transportation for any proposed improvements and replacement of any damaged sidewalk, pavement and curb and gutter. S.W. 8 Street: Coordinate with the Florida Department of Transportation for any proposed improvements and replacement, of any damaged sidewalk, pavement and curb and gutter. 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 ADA standards, are required at both corners 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. The streets and avenues adjacent to the project site must be clear of dust and construction debris at all times. If you have any questions concerning these comments, please call Mr. Leonard Helmers, Professional Engineer IV, at extension 1217. SNG/H/EE EiVifits c: MSA ARCHITECTS, INC. • Architecture and Planning 7695 S.W. 104 Street, Suite 100 Miami, Florida 33156 Astor Development Att: Henry Torres, Developer SBS Tower 2601 South Bayshore Drive Miami, Florida 33133 Stephanie Grindell, P.E., Director of Public Works Roberto Lavernia, Chief of Land Development, Planning Department Manuel Vega, Zoning Department bc: Development and Roadway Plans Section Central MIAMI INTERNATIONAL AIRPORT Commercial Airport: Miami International Airport PLANNING DPARTHEtl- 2006 SEP ! 9 P11 2; 24 General Aviation Airports: Dade -Collier Training & Transition Homestead General Kendall-Tamiami Executive Opa-locka Opa-locka West Mr. Roberto Lavernia Chief of Land Development City of Miami 444 SW 2nd Ave, 3rd Floor Miami, FL 33130 September 12, 2006 RE: Height Analysis for the Nordica 8 Project, located at 1107-77 S.W. 8th Street, Miami, FL Dear Mr. Lavernia: Miami -Dade Aviation Department P.Q. Box 592075 Miami, Florida 33159 T 305-876-7000 F 305-876-0948 www.miami-airport.com miamidade.gov The Miami -Dade Aviation Department (MDAD) has reviewed your Large Scale Development Submittal dated August 16, 2006 for a height analysis for the above referenced project. Our review finds that an assumed 188 ft AMSL (Above Mean Sea Level) structure at this location conforms to the Miami -Dade County Height Zoning Ordinance. This height determination is an estimate issued on a preliminary or advisory basis. It is not necessary to file with the FAA for the structure height as stated above by using form 7460-1 `Notice of Proposed Construction Alteration for Determination of Known Hazards'. However, any construction cranes for this project exceeding 200 ft AMSL (Above Mean Sea Level) must be filed by the construction contractor using the same form. The form is available through this office or through the FAA website: https://oeaaa.faa.gov. This form should be mailed to: Federal Aviation Administration, Air Traffic Airspace Branch - ASW-520, 2601 Meacham Blvd, Ft. Worth, TX 76137-0520. Alternatively, the developer may "e-file" online at https://oeaaa.faa.gov Please note that the airspace review process is governed by two different regulations: the Miami -Dade County Height Zoning Ordinances and Federal Regulation Title 14 Part 77. The FAA has its own airspace evaluation requirements, and issues airspace determinations for structures and cranes based on the particular facts then presented before the FAA. The County's Department of Planning and Zoning (P&Z) or the applicable municipal building official determines whether the County's zoning requirements and height limitations are met, and FAA determines whether FAA building, marking and height requirements are met. This determination is based, in part, on the description provided to us by you, which includes specific building locations and heights. Any changes in building locations/layouts or heights will void this determination. Any future construction or alteration, including an increase to heights requires separate notice to the FAA and the Miami -Dade -Aviation Department: Mr. Roberto Lavernia September 12, 2006 Page 2 Should you have any questions in obtaining and/or filling out FAA form 7460-1 or if I can be of any further assistance, please feel free to contact me at ,:76-8080. e Ramos, R.A. of of Aviation Planning Section JR/AH/cf cc: S. Harman J. Bunting A. Herrera Diane O'Quinn Williams, Department of Planning and Zoning Al Torres, Department of Planning and Zoning Damon Holness, Department of Planning and Zoning Ana Gelabert-Sanchez, City of Miami Kevin Walford, City of Miami Orlando Toledo, City of Miami Earl Newalu, FAA File Airspace **PRELIMINARY** SCHOOL IMPACT REVIEW ANALYSIS August 24, 2006 FOR INFORMATINAL PURPOSES ONLY; THE REQUIREMENTS UNDER THE INTERLOCAL AGREEMENT FOR. SCHOOL FACILITY PLANNING ARE NOT TRIGGERED SINCE THE APPLICANT IS NOT REQUESTING ADDITIONAL RESIDENTIAL DENSITY OVER WHAT IS CURRENTLY ALLOWED IN THE PROPERTY'S ZONING CLASSIFICATION. APPLICATION: Nordica 8 REQUEST: Large Scale Development (LSD Meeting September 13, 2006) EXISTING ZONING: SD-14 (1.80 net acre - 200 DU/acre) and C-1 "Restricted Commercial" with SD-25 (.456 net acre - 150 DU/acre) ACRES: +2.26 net acres LOCATION: MSA/ MULTIPLIER: NUMBER OF UNITS: Approximately located between SW 11 & 12 Avenue and between SW 7 & 8 Street, Miami 5.1 1.27 Multifamily 408 Multifamily (428 units are allowed under existing zoning) ESTIMATED STUDENT POPULATION: 110 ELEMENTARY: MIDDLE: SENIOR HIGH: 53 24 33 SCHOOLS SERVING AREA OF APPLICATION ELEMENTARY: MIDDLE: SENIOR HIGH: Riverside Elementary — 1190 SW 2 Street Frederick Douglass Elementary — 314 NW 12 Street Jose De Diego Middle — 3100 NW 5 Avenue Booker T. Washington Senior — 1200 NW 6 Avenue All schools are located in Regi onal Center IV. *Based on Census 2000 information provided by Miami -Dade County Department of Planning and Zoning. The following population and facility capacity data are as reported by the Office of Information Technology, as of October 2005: Riverside Elementary Frederick Douglass Elementary Jose de Diego Middle Booker T. Washington Senior % UTILIZATION UTILIZATION NUMBER OF FISH DESIGN FISH DESIGN FISH DESIGN PORTABLE CAPACITY STUDENT CAPACITY CAPACITY STUDENT PERMANENT AND CUMULATIVE POPULATION PERMANENT PERMANENT STATIONS RELCOATABLE STUDENTS" 1,103 147% 147% 749 0 1,976 1,129 * 151% 151% 577 772 75% 172 61% 1,454 604 * 1,022 1,046 * 1,543 1,576 * 1,043 2,270 78% 98% 100% 68% 69% 0 0 64% 98% 100% 68% 69% 2,490 4,363 *Student population i ncrease as a result of the proposed development **Estimated number of students (cumulative) based on zoning/land use Jog (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 interiocal Agreement, only Riverside Elementary School meets the review threshold. PLANNED RELIEF SCHOOLS IN THE AREA (Information included in proposed 5-Year Capital Plan, 2006-2010, dated July 2006) Projects in Planning, Design or Construction School Status N/A Projected Occupancy Date Proposed Relief Schools School Funding year State School "GG-1" FY 06-07 (Jose De Diego Middle School relief) (1,241 student stations) [Note: City and District staff have located and agreed on a City -owned site, which much be approved by the City Commission and School Board.] OPERATING COSTS: Accounting to Financial Affairs, the average cost for K-12 grade students amounts to $6,549 per student. The total annual operating cost for additional students residing in this development, if approved, would total $720,390. CAPITAL COSTS: Based on the State's September 2006 student station cost factors*, capital costs for the estimated additional students to be generated by the proposed development are: ELEMENTARY 26 x 19,589 = 509,314 MIDDLE Does not meet threshold SENIOR HIGH Does not meet threshold Total Potential Capital Cost $509,314 *Based on Information provided by the Florida Department of Education, Office of Educational Facilities Budgeting. Cost per student stati on 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: 07-00049mu Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE NORDICA ON 8TH PROJECT, TO BE LOCATED AT APPROXIMATELY 705, 709, 719-729 SOUTHWEST 12TH AVENUE; 1125, 1145, 1151, 1161-1171 AND 1177 SOUTHWEST 8TH STREET; 1118, 1124, 1136, 1140, 1152 AND 1162 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 152 FOOT, 13 STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 387 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 4, 459 SQUARE FEET OF RESTAURANT SPACE; APPROXIMATELY 11, 810 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 494 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 705, 709, 719-729, SW 12th Avenue; 1125, 1145, 1151, 1161-1171 and 1177 SW 8th Street; 1118, 1124, 1136, 1140, 1152 and 1162 SW 7th Street APPLICANT(S): Patrick Range, Esquire, on behalf of Calle Ocho, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions* PURPOSE: This will allow the development of of the Nordica on 8th project. WHEREAS, on October 7, 2005, N. Patrick Range, Esquire, on behalf of Calle Ocho, LLC (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for Nordica on 8th (07-00049mu) (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 705, 709, 719-729 SW 12 Avenue, 1125, 1145, 1151, 1161-1171 and 1177 SW 8 Street, 1118, 1124, 1136, 1140, 1152, 1162 SW 7 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 13, 2006 to consider the City of Miami Page 1 of 9 Printed On: 9/26/2007 File Number: 07-00049mu proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on September 20, 2006, to consider the proposed project and recommended APPROVAL with conditions; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on October 3, 2007 Item No. 7, following an advertised public hearing, adopted Resolution No. PAB *-* by a vote of --- to --- (*-*), recommending ---- as presented in PAB Resolution *-* of the Major Use Special Permit Development Order as attached and incorporated; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a 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, at approximately 705, 709, 719-729 SW 12th Avenue; 1125, 1145, 1151, 1161-1171 and 1177 SW 8th Street; 1118, 1124, 1136, 1140, 1152 and 1162 SW 7th Street, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. the project is approved for the construction of a mixed use multifamily residential building of 387 residential units with approximately 338,246 square feet of residential floor area, approximately 19,132 square feet of non-residential floor area, and a total of 477 total parking stalls. The proposed structure will have a maximum height of 152 feet 0 inches NGVD at top of architectural feature of the building; providing for certain floor area ratio ("FAR") bonuses. Section 4. The Major Use Special Permit Application for the Project also encompasses the lower ranking Special Permits as set forth in the Development Order. Section 5. The findings of fact set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as amended. b. The PROJECT is in accord with the C-1 (Restricted Commercial) zoning classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the PROJECT that have been found by the City Commission (based upon facts and reports prepared or submitted by staff or others) to adhere to the following Design Review Criteria subject to the any applicable conditions in the Development Order herein: DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE I) Site and Urban Planning: (1) Respond to the physical contextual environment taking into consideration urban form and natural features; Yes No (2) Siting should minimize the impact of automobile parking and driveways on the pedestrian environment and adjacent properties; Yes No (3) Buildings on corner lots should be oriented to the corner and public street fronts Yes Yes II) Architecture and Landscape Architecture: (1) A project shall be designed to comply with all applicable landscape ordinances; Yes No (2) Respond to the neighborhood context; Yes No (3) Create a transition in bulk and scale; Yes No City of Miami Page 2 of 9 Printed On: 9/26/2007 File Number: 07-00049mu (4) Use architectural styles and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; Yes Yes (5) Articulate the building facade vertically and horizontally in intervals that conform to the existing structures in the vicinity. Yes Yes III) Pedestrian Oriented Development: (1) Promote pedestrian interaction; Yes Yes (2) Design facades that respond primarily to the human scale; Yes Yes (3) Provide active, not blank facades. Where blank walls are unavoidable, they should receive design treatment. Yes Yes IV) Streetscape and Open Space: (1) Provide usable open space that allows for convenient and visible pedestrian access from the public sidewalk; Yes Yes (2) Landscaping, including plant material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. Yes Yes V) Vehicular Access and Parking: (1) Design for pedestrian and vehicular safety to minimize conflict points; Yes Yes* (2) Minimize the number and width of driveways and curb cuts; Yes Yes* (3) Parking adjacent to a street front should be minimized and where possible should be located behind the building; Yes Yes (4) Use surface parking areas as district buffer. Yes N/A VI) Screening: (1) Provide landscaping that screen undesirable elements, such as surface parking lots, and that enhances space and architecture; Yes N/A (2) Building sites should locate 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; Yes Yes (3) Screen parking garage structures with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. Yes Yes VII) Signage and Lighting: (1) Design signage appropriate for the scale and character of the project and immediate neighborhood; Yes N/A** City of Miami Page 3 of 9 Printed On: 9/26/2007 File Number: 07-00049mu (2) Provide lighting as a design feature to the building facade, on and around landscape areas, special building or site features, and/or signage; Yes N/A** (3) Orient outside lighting to minimize glare to adjacent properties; Yes N/A** (4) Provide visible signage identifying building addresses at the entrance(s) as a functional and aesthetic consideration. Yes N/A** VIII) Preservation of Natural Features: (1) Preserve existing vegetation and/or geological features whenever possible. Yes N/A IX) Modification of Nonconformities: (1) For modifications of nonconforming structures, no increase in the degree of nonconformity shall be allowed; Yes N/A (2) Modifications that conform to current regulations shall be designed to conform to the scale and context of the nonconforming structure. Yes N/A *Compliance is subject to conditions. ** Not applicable at this time, subject to review and approval. d. The PROJECT is expected to cost approximately $90,000,000, and to employ approximately 89 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the creation of approximately 40 permanent new jobs (FTE). The PROJECT will generate approximately $667,468 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 July 3, 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. City of Miami Page 4 of 9 Printed On: 9/26/2007 File Number: 07-00049mu Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the PROJECT, incorporated within. Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and issued. Section 11. In the event that any portion or section of this Resolution or the Development Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order which shall remain in full force and effect. Section 12. The provisions approved for this Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. DEVELOPMENT ORDER Let it be known that pursuant to Articles 5, 9, 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for Nordica on 8th (07-00049mu) (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No.11000, for the properties located at approximately 705, 709, 719-729 SW 12th Avenue; 1125, 1145, 1151, 1161-1171 and 1177 SW 8th Street; 1118, 1124, 1136, 1140, 1152 and 1162 SW 7th Street, Miami, Florida, as legally described in "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 705, 709, 719-729 SW 12th Avenue; 1125, 1145, 1151, 1161-1171 and 1177 SW 8th Street; 1118, 1124, 1136, 1140, 1152 and 1162 SW 7th Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 2.99± acres and a net lot area of approximately 2.19± 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 approximate 152 foot, 13 story high mixed -use structure to be comprised of approximately 387 total multifamily residential units with recreational amenities; approximately 4, 459 square feet of restaurant space; approximately 11,810 square feet of retail space; and approximately 477 total parking spaces; providing for certain floor area ratio ("FAR") bonuses. This Major Use Special Permit encompasses the following Special Permits and request: MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (8) and ARTICLE 9, Section 914, Sub -Section 914.1 Dwelling unit, square footage, and off-street parking bonuses for contribution to Affordable Housing Trust Fund; exceptions, to allow an increase up to twenty (25) percent of additional floor area as a development bonus of approximately 19,629.93 square feet, the user shall make a non-refundable bonus developer contribution of twelve (12) dollars and forty (40) cents per square foot for a total amount of $243,411.13 to the Affordable Housing Trust Fund administered by the City of Miami; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (9) and ARTICLE 5, City of Miami Page 5 of 9 Printed On: 9/26/2007 File Number: 07-00049mu Sect. 502. PUD districts; minimum area, maximum densities and maximum floor area ratios permitted (a)(c), to allow up to 20 % increase of floor area ratio, for an increase of approximately 56,291.5 square feet of floor area; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for residential development involving in excess of two hundred (200) units; CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 625.3, to allow the construction of a new development in SD-25 districts; CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 614.3, to allow the construction of a new development in SD-14, SD-14.1 districts; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, C-1 Restricted Commercial, Class II Special Permits required, to allow an increase of the maximum allowed footprint of 40 % the Gross Lot Area to 60% GLA; CLASS II SPECIAL PERMIT, as per Article SD-14, Latin Quarter Commercial -Residential and Residential District, Section 614.3.5 (3), Building footprint, Class II Special Permit required, to allow an increase of the maximum allowed footprint of 40 % the Gross Lot Area to 60% GLA; CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512. Class II Special Permit required for waiver of design standard and guidelines, 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 9, Section 908, Sub -Section 908.2, and Access, to allow driveways of width greater than 25 feet; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary structures, occupancies, and uses during construction, criteria for special permits, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be approved by other city departments; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub -Section 906.9. Temporary special events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremony; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub -Section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as ground breaking ceremonies; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2. Temporary off-street offsite parking for construction crews, criteria, to allow temporary off-street offsite parking, for construction crews working on a residential -commercial project under construction, within C-1 or more permissive zoning district; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub -Section 920.1.2. Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes, when authorized for security or other purposes in connection with land development such as construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT, as per, ARTICLE 10, Section 10.5, Sub -Section 10.5.4.3, C-1 Restricted Commercial, Temporary Signs (3), to allow temporary development signs; CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6, Sub -Section 10.6.3.14. SD-14, SD-14.1, SD-14.2 Latin Quarter Commercial -Residential and Residential 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 PHASED PROJECT, subject to qualifications by the Director of the Planning Department, at the written request of the property owner (s) REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required at City of Miami Page 6 of 9 Printed On: 9/26/2007 File Number: 07-00049mu 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 5, 9, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by MSA ARCHITECTS, INC., dated August 29, 2007; said design 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 zoning designations R-3 (Multifamily Medium Density Residential) w/SD-12 (Special Buffer Overlay District); C-1 (Restricted Commercial) District with w/SD-25 (SW 8TH St. Special Overlay District); SD-14 (Latin Quarter Commercial -Residential and Residential Districts), as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The existing comprehensive plan future land use designation on the subject property allows the proposed uses. CONDITIONS 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit including the required Affordable Housing Trust fund contribution of 19,629.93 square feet times $12.40 per square foot for a total amount of $243,411.13 to the Affordable Housing Trust Fund administered by the City of Miami. 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 City of Miami Page 7 of 9 Printed On: 9/26/2007 File Number: 07-00049mu 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) Provide a continue sidewalk paving materials across vehicular areas and ramp driveway up to the sidewalk within the landscape verge; b) Provide plans showing how the amount of curb cuts in the proposal will be mitigated in order to minimize vehicular / pedestrian conflicts; c) Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas. 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; d) Reduce the height and/or introduce additional step backs that will soften the impact of this project on the neighboring properties, e) Provide a new landscape plan indicating what types of materials that are being proposed to screen the parking garage. A continuous canopy of shade trees to S.W. 7th Street shall be provided close to the edge of curb in the public right of way (at no greater than 33' on center) to provide a buffer for pedestrians from vehicular traffic, prior to the issuance of a building permit. 12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: (a) S.W. 12 Avenue: Coordinate with the Florida Department of Transportation for any proposed improvements and replacement of any damaged sidewalk, pavement and curb and gutter. (b) S.W. 7 reet: Coordinate with the the Florida Department of Transportation for any proposed improvements and replacement of any damaged sidewalk, pavement and curb and gutter. (c) S.W. 7 Street: Coordinate with the the Florida Department of Transportation for any proposed improvements and replacement of any damaged sidewalk, pavement and curb and gutter 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 City of Miami Page 8 of 9 Printed On: 9/26/2007 File Number: 07-00049mu 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 theenvironment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY 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 9 of 9 Printed On: 9/26/2007 "Exhibit A" LEGAL DESCRIPTION: LOTS 3 THROUGH 17, BLOCK .30, "AMENDED PLAT OF BLOCK 30 (SF EMORYJ. CARTER'S RESUBDIVISION OF BLOCKS 27 & 30 OF THE LAWRENCE ESTATE LAND CO.'S SUBDIVISION" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 40, OF THE PUBLIC RECORDS OF MFAMI-DADE COUNTY, FLORIDA. LESS THE SOUTH 10 FEET THEREOF, FOR ROAD PURPOSES. CALCULATIONS "Exhibit B" Project Data Sheet PROPOSED ZONING; 5O - 14. c-1 / 5D-25. AND 1:2-3 / SD-I2 LATIN QUARTER (EXISTING MIXED ZONINGS SO-14, 0-I / 50-25, R-3 / SD-12 ) •--..._ .. _.._ ... ... i nEr1QT AREe�A�9s�.'"'f PQOPo$FO DEVELOPMENT ITLIgl. ! • 294 4C 130)29 V. PE9+.aTT8) PROPOSER I PLOT LEE TO On Tor ST Sp( Os ST. 4 ISA 12M AVE ___ maxim SOTOACK PROV460 $E786CK -.-__ 30'-0• _20'-0• .. PROPOSED DEVELOP/PENT - PROFIT MS 1210 AV 14JE) 10'-0- - FROST (SA0a sower) O',0- OCJ3rrr CAC • eTEON - FRONT (SY4 11h 'TTIEET) --_-.10'-O' C� I SD 25 ZONPG - miaow (SAT. 04 STREET) 10',0• ._-_-70'-1• 200.-0- P�RLMT.. __-.._. _..._....._.- 6044 Zdw)G OL11ST( 200 OYB.I.OS NETS (00) / H°T ACRE !4P W9 AOi39 • j/O OU _-_-_.__ 320-14 Cl / 50-25 R-3 / �•12 ""TOTAL PROP05E0 -__� •710 OI PRORT (APITTIr1b G-1 / 60.25 Z1GM6) _1O'-O' - 610E BAST PROPERTY Lae A9/rTt46 c-i / so-20 ZONINS) o•-o �•_q• ' _FT'6'- I5'-6- W.V. 04 / 50-25 ZOW4G OL90i1Y 200 TMELLI.E. NETS (PE / MT ACRE AV.ST!:KRIS a. R-3 / $PQ ZONNG .��,y 66 OW(LIPS NITS eau / PET AGR! '.,' A'ff� - a OV sou (SOY PROPN6TY LIB AB1/RW6 R-5 / 504Q 20E45) __cf.-a. 0•3 / $E)42 ZONING"" 2V-0" PROKT /SA 181 smear) - • •2f di RIAT5 •307 al -TOrAL 4E}IMITY@0 MIS - 995 00 - - - - 7100 OAST PROPERTY LITEJ 10'-Q -...__20'.rr ___.__11'-6• PA2 CALL BON 4. 4 s.lirTED MCOO )EO 5044 ZONWG - 6A9C PAR • (3.14) 6RG66 1.0( AREA • (2.'10) /OS40 • 20Sp02 Sr. - 20 E PLO BOWS • 62201 PAP. • (0.20) 205062 • 40A46.4 5.44. SY. •231( AFFORDABLE HOUSING FWD • (0]6) PAR • 0,25) 203062 • 501105 Sr. TOTAL ALLO SADL€ FAR sD-14 • 2944E0 344 $D-14 Z01d4G - PR0P09EC FAR - PROPOSED FAR TOTAL PROPOSED SO.14 OI 19D-25 5051 • PRoPp5E0 PAR - 5ROPO9EO FAR • TOTAL PROPOSED C-1 / SD-25 R-3 / so-12 ZONIYS - PROPO•sED FAR TOTAL PROPOSED 306A640t Sr. 20562.16 SF.• {Rr3LlNTIALI• (lESICIDITIAL)rU4l. FOR NONRESIVENC • 15.12024 Sr. FOR RESIDENTIAL • IRO,MOJSO Sr. FM FOR • - PA ZKNG WC/PM PARKINS PROV4EED , RESIDENTIAL PARKINS. I SP /Err OR I ER • =Pt • 211 SPACE'S 1 OP A ER • 1557E • PS SPACES I SP /3 BR • 11x1 • N SPACES. _.�_._...... ..........._ .. -.-_. SUCTOZAL •!61 SPACES eA9Q0R By ta•AR5 O Pict LEVEL 1 34 SPACES Q IH:1 LEVEL 2 100 SPACES C] 41C1 LEAN 3 a9s•acs rsucr C-1 / 50-25 ZO1 4413 - BASE FAR • (1.12) 6R059 LAT AREA • (1.121 344 6sJ26a SF.. 20 X PTIO DONIIS • (020) FM • (010) 64)266 • 1.2.525.4 S.P. -20R AFFORDABLE HOVHNS FAA' • (O.Rs) FAR • (015) 64126A • 16011 SP. TOTAL ALLOWABLE PAR o-VSP-2S • $2984 _ .m.s1.4,ot.at. • FOR NON-RESIDENT • 3AL237 SP. FOR REVOENTIAL • Qb,12o.M SP. FAR FOR . F._ FOR RLS10ENTIAL •.20.1EZ1E SP. . PAR • • I30/52A6 SP.. • 931.3:T4T! SP. VI5ITOR(1De TOTAL 1L2. Or Lf973) • •J1 SPACES SIBTOTAL REOVpED FOR RES1. DB'ubm.. • 426 SPACES M Ho.) COSAVERVAL PARKING, S6269 SP) 1- RESTAURANT (4,45a-3p00.2MIa 6r) •AS. PER SECTION 514.2.1)2 PAGE 2044 PRP. NO. L4. YOHINS 0417131ARC . GLTY 0P 41143.1I, R,0RIOA "M4 Sr. / 200 • 12 SPACES 2- RETAIL U6]s9 - 4,4341 • 11,610 SP. 11A0 Sr. / 90O • 40 SPACES SUBTOTALS 12.40 • 52 SPACES LESS FOX OP N:TFRH. (5044) • 5 SPAccs •AS PER 80NGGTi0N 61441.1JJ. PASS 264E S44P. R. IAZ01ONs ORDNANCE CITY Cr MMANI. SLBTOTAL REQUIRED FOR COMERCIAL. .41 SPACES (2 44C) R-3 / 50-12 ZONNG • eA5e PAR • (0.15) S0056 LOT AREA • (0.75) 10410 • 14,2465 SP. - SO 15 FN? BONS • (0_20) FAR. • (020) 142465 • 3644.1 SP. -2515 AFFORDABLY HOMO ( . • (0.23) 4 .2455 • 5562J513F. TOTAL ALLD1AABLE PAR R•O 140-12 •2 . g'- TOTAL ALLOWABLE FAR F(R 11.6 W140,E me - SATAR • 2,5145150 Sr. SE - 20 fE PVC/ PORDB • 56241So Sr. - 2514 AFFORDABLE II8L9E15PNm • 1056455 SP. TOTAL ALLOWABLE PAR. 406)13(3 EP TOTAL RE01. '0 PARKNG• 426 • 41 SPACES •475 SWAGES 01KA)NOEi4 11 PO TOTAL PROVOB, PARK4i^ 4n RPACE6 11 HCJ BOAC REQUIRED LOADNG PROVIDED - BERTH 014815404( TV x OS' x IS SW PRSr BERTH • 60A00 sr. SBGOND BOLTS • 50000 - 100000 SP. TNFTD OEMS • 100000 - 35000E SP. Po.exo1 BERM • 230.000 - 300.000 SY. 4 SERVE OF 1x x 9!' x IS' WISH " bE6�46J1 er. 6.243S6 6P- - BLILDra PooTimara (Ob0) 6RO55 LO1' AREA (2.P1 A4.) •70R17A S. 4_- - atrl�ateaLO/!>fi..•,.. Tout LOADNG RIAUIRatc. 4 VERSO O of L2' x 55' X IS' N5H 0H SPAQE - 1'Q (0)D) "ROW LOT AREA (Z.49 A4.) • i5,(Nk9D Er. • 544704 SY 024 MAX. BALING PVIGHTi 50-L4 WANG ME.041TE0 . SO-14 ZONIH6, 456'•0• 0- 50.2s ZONNS, H26'.O R-S / 50.12 FONDS, .49'-4• W15V-25 1.0)Be_120' r4LIGI(T PL.►]E amp BALK R•S / SD-12 Z0E149 ..0' .. C!TY 7F "1R,91 //11G RL'VIS!QN 8Y LAPPS 0 tlM04 YAlCp. SrAMT7/4. HU7 M .-2-...-... __ :..._...: _. 1FIOSP •T ue.- T7M 0544-of W/bT_ RSSLTTAL 01-11- 1 0-211b6 17M. DRAWN PAIL OHECKED - DATE .L1T Off, 2007 SFALi AS WOW JQB NO. 1264 SHEET-...,_04.4,60-Les 9213137 SAD-9