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HomeMy WebLinkAboutITEM #4 - PAB - 01.16.08PLANNING FACT SHEET LEGISTAR FILE ID: 07-01023mu January 16, 2008 Item # 4 APPLICANT A. Vicky Garcia -Toledo, Esquire, on behalf of Wagner Square, LLC & Wagner Square I, LLC. REQUEST/LOCATION Consideration of a Major Use Special Permit for the Wagner Square Phase II and III project, located at approximately 1700 N.W. 14th Avenue. COMMISSION DISTRICT 1 ZONING DISTRICT(S) C-1(Restricted Commercial SITE AREA 3.93± acres (Gross) and 3.38± acres (Net) LEGAL DESCRIPTION See supporting documentation PETITION Consideration of a Resolution, 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 Wagner Square Phase II and III project, to be located at approximately 1700 N.W. 14th Avenue, Miami, Florida, to construct an approximate 191 feet and 8 inches of height, (13-story ) mixed use structure to be comprised of 48 total multifamily residential units; approximately 286,933 square feet of office space; approximately 8,000 square feet of restaurant space, 15,843 square feet of commercial space and approximately 1,407 parking spaces; providing for certain floor area ratio ("FAR") bonuses. PLANNING RECOMMENDATION APPROVAL with conditions BACKGROUND AND ANALYSIS See supporting documentation PLANNING ADVISORY BOARD VOTE: CITY COMMISSION CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 Date Printed: 1/9/2008 Page 1 ANALYSIS MAJOR USE SPECIAL PERMIT for WAGNER SQUARE PHASE II AND III LOCATED AT APPROXIMATELY 1700 N.W. 14TH AVENUE LEGISTAR FILE ID: 07-01023mu Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Wagner Square Phase II and III project, located at approximately 1700 N.W. 14th Avenue, Miami, Florida, has been reviewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, to construct an approximate 191 feet and 8 inches of height, (13-story) mixed use structure to be comprised of approximately 48 total multifamily residential units with recreational amenities; approximately 286,933 square feet of office space; 15,843 square feet of commercial space, and approximately 1,407 parking spaces; providing for certain floor area ratio ("FAR") bonuses. This Permit also includes the following requests: MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (8) and ARTICLE 9, Section 914, Sub -Section 914.1 Dwelling unit, square footage, and off- street parking bonuses for contribution to Affordable Housing Trust Fund; exceptions, to allow an increase up to twenty (25) percent of additional floor area as a development bonus of approximately 39,708.81 square feet, the user shall make a non-refundable bonus developer contribution of an amount of $492,389.24 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 59,011.03 square feet of floor area; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (7), to allow any single use or combination of uses requiring or proposing to provide in excess of five hundred (500) off-street parking spaces; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (2), to allow non-residential uses involving in excess of two hundred thousand (200,000) square feet of floor area; The Major Use Special Permit encompasses the following Special Permits and requests: 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 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; 07-01 023mu Page 1 of 7 CLASS II SPECIAL PERMIT, as per Article 15, Sect.1512, to allow a waiver of City of Miami Parking Guides & Standards requirement of one (1) additional foot in stall dimension where the side of any stall abuts a wall, 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 9, Section 917.14.1, to allow Automated Parking Lifts; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 923.2.1, to allow reduction of loading berth dimensions as follows; Phase II Required number of loading berth: Four (4) 12 feet wide x 35 feet long x 15 feet high Proposed number of loading berth: Two (2) 12 feet wide x 35 feet long x 15 feet high Two (2) 10 feet wide x 20 feet long x 15 feet high Phase III Required number of loading berth: One (1) 12 feet wide x 35 feet long x 15 feet high Proposed number of loading berth: One (1) 10 feet wide x 20 feet long x 15 feet high CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, to allow access driveway width greater than twenty five (25) feet from a public street roadway; 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, 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 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 10.5.4.3, C-1 Restricted Commercial, Temporary Signs (3), to allow temporary development signs; 07-01023mu Page 2 of 7 REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted average dBA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria; REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required at the time of issuance of Shell Permit instead of at issuance of Foundation Permit: The requirement to record in the Public Records a Declaration of Covenants and/or Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner and/or a mandatory property owner association; - And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title. In determining the appropriateness of the proposed project, the Planning Department has referred this project to the Large Scale Development Committee (LSDC) and the Planning Internal Design Review Committee for additional input and recommendations; the following findings have been made: • It is found that the proposed development project will benefit the area by creating residential units, office and commercial uses along the Wagner Creek in the Little Allappatah NET District, located along NW 17th Street just west of NW 14th Avenue. • It is found that the subject property is bounded by NW 15th Avenue to the west; NW 14th Avenue, to the east; and NW 17th Street, to the south. A portion of Wagner Creek intersects the property at the northeast corner of the property (see supporting documentation), in the Civic Center neighborhood of the City. • It is found that the proposed project is not located along a Primary Pedestrian Pathway. • It is found that the proposed project is not located within an Archeological Conservation area. • It is found that the proposed residential density of the project (48 units at 14.2 units per acre) is below the maximum 507 units (150 units per acre) on the 3.38± net acre site. • It is found that the zoning write-up notes that the approval of the proposed Wagner Square MUSP for Phase II and III is contingent on modification of an existing covenant changing the numbers of units on Phase I and Phase III, from 52 units in each phase to 56 units in phase I and 48 units in phase III for the same overall total of 104 units for all phases. • It is found that the total allowable combined floor area without bonuses for the 3.93± gross acre site at a Floor Area Ratio (FAR) of 1.72 is 295,055.16 square feet. The project as proposed is requesting a bonus of 20% PUD (59,011.03 sq. ft.) and 25% Affordable Housing Trust Fund (39,708.81sq. ft.) for a total allowable FAR of 427,829.96 square feet, of which 393,775 square feet is proposed. 07-01023mu Page 3 of 7 • It is found that pursuant to Article 9, Section 914, Sub -Section 914.1, the proposed project is requesting a development bonus of 39,708.81 square feet of additional floor area, and shall make a non-refundable bonus developer contribution to the Affordable Housing Trust Fund at amount of $12.40 per square foot for a total of $492 , 389.24. • It is found that the maximum height of the proposed structure is approximately 191 feet and 8 inches. Pursuant to Article 4, Section 401 of C-1 "Restricted Commercial". • It is found that the proposed open space for the project (25,445 sq. ft. at 14.83%) is above the minimum required open space (17,154.37 sq. ft. at 10% GLA) for this project. • It is found that the proposed total number of parking spaces (approximately 1,407) for the project is above the required minimum number of 1,321.3 parking spaces. • It is found that the project is expected to cost approximately $185,284,617 and to employ approximately 275 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 20 permanent new jobs (FTE) for building operations and will generate approximately $820,196 annually in tax revenues to the City (2008 dollars). • It is found that the Large Scale Development Committee reviewed the project on September 19, 2007 to address the expressed technical concerns raised at said Large Scale Development Committee meeting. • It is found that on September 13, 2007, the City of Miami Public Works Department provided a review of the project and commented that: (1) N.W 17th Street — Construct new handicap ramp (ADA complaint) at 25' corner radius. Replace broken and damaged sidewalk on the north side of the street adjacent to the project site. Install sod and street trees in the swale area adjacent to the project site: (2) NW 14th Avenue - Replace all broken and damaged sidewalk, curb and gutter on the west side of the project site.(3) NW 15th Avenue — Construct new sidewalk, curb and gutter on the east side of the avenue adjacent to the site. Install sod and street trees in the parkway adjacent to the project site. • It is found that the proposed project was reviewed by the Internal Design Review Committee on October 30, 2007, and the following revised pertinent comments were made: Urban Design/Site Plan — (1) Continue to develop the site plan to internalize all vehicular drop-off and loading with the least amount of pedestrian interruption (2) Position retail at the street -front to improve the pedestrian realm, (3) Provide larger color site drawings of the proposed paving patterns, (4) Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas, (5) 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, (6) Confirm the dimensions and turning radius requirements with the Public Works, Department in order to verify the feasibility of the proposed loading arrangement (7) Consider reducing the amount of parking to the minimum required in order to reduce the bulk and size of the parking garage; Architecture — (1) Provide more articulation of the parking garage is necessary. If openings cannot be provided, attempt to break up the massing of the eight story structure with additional details to the fagade, such 07-01023mu Page 4 of 7 as glass, in order to integrate the parking structure with the rest of the building, (2) Visually Screen the surface parking area along the southern facade of Phase III by providing a 6' CMU wall in combination with a creeping vine; Landscaping/Streetscape — The landscape buffers along all site perimeters must be improved. Consider the use of multiple layers of landscaping in order to reduce the impact of this proposal on neighboring properties. • It is found that Miami -Dade Public Schools provided a review of the proposed project on January 8, 2008. The student population generated by this development is estimated at 28 students. The schools serving this area of application are Paul L. Dunbar Elementary (14 students) - 64% Florida Inventory School House (FISH) Capacity; Citrus Grove Middle (17 students) — 69% FISH; and Miami Jackson Senior High (8 students) — 69% FISH. Pursuant to the Interlocal Agreement, none of the schools meet review threshold based on the State's January 2008 student station cost factors, capital costs for estimated additional students to be generated by proposed development. • It is found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board on November 21, 2007, which recommended Approval (UDRB Resolution 11-21-07-3) with conditions. • It is found that the proposed project height of 192 ft. AMSL (Above Mean Sea Level) does not meet the review criteria, at the proposed location, and does not require a Height Analysis or Letter of Determination from The Miami -Dade Aviation Department. • It is found that on November 29, 2007, the City's Traffic Consultant, URS Corp., provided a review (W.O. #186) of the Traffic Impact Analysis submitted by the applicant and has found the traffic analysis sufficient with recommendations to implement the following strategies to reduce peak hour traffic: (1) Promote carpooling and ride sharing programs; (2) Provide easily accessible bicycle racks within the facility; (3) Provide transit information for residents and patrons; and (4) Amenities designed to encourage all modes of transportation • It is found that with respect to all additional criteria as specified in Section 1305.2 of Zoning Ordinance 11000, the proposal has been found to adhere to the following Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and Open Space; (5) Vehicular Access and Parking; (6) Screening; (7) Signage and lighting; (8) Preservation of Natural Features; and (9) Modification of Nonconformities. Based on these findings, the Planning Department is recommending approval of the requested Development Project with the following conditions: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit including the required Affordable Housing Trust fund contribution of $12.40 per square foot for any applicable FAR increase sought under those provisions. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and 07-01023mu Page 5 of 7 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. 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 07-01023mu Page 6 of 7 developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director. 11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions: a) Provide all vehicular drop-off and loading with the least amount of pedestrian interruption; (b) Provide more retail at street - front to improve the pedestrian realm along 17th Street (c) Provide larger color site drawings of the proposed paving patterns for review and approval; (d) Provide level sidewalks with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works; (e) Provide articulation of the parking garage in order to break up the massing of the eight story structure with additional details to the facade, such as glass, in order to integrate the parking structure with the rest of the building; (f) Provide landscape buffers along all site perimeters by using multiple layers of landscaping. 12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: a) N.W 17th Street — Construct new handicap ramp (ADA complaint) at 25' corner radius. Replace broken and damaged sidewalk on the north side of the street adjacent to the project site. Install sod and street trees in the swale area adjacent to the project site; (b) NW 14th Avenue - Replace all broken and damaged sidewalk, curb and gutter on the west side of the project site; (c) NW 15th Avenue — Construct new sidewalk, curb and gutter on the east side of the avenue adjacent to the site. Install sod and street trees in the parkway adjacent to the project site. 13) A development bonus to permit a mixed use of 39,708.81 square feet of floor area shall require a non-refundable payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot for a total of $$492,389.24. 14) Approval of the proposed Wagner Square MUSP for Phase II and III is contingent on the approval of a modification of an existing covenant changing the numbers of units on Phase I and Phase III, from 52 units in each phase to 56 units in phase I and 48 units in phase III for the same overall total of 104 units for all phases. 15) Prior to the issuance of a building permit, the applicant shall submit implementation of the following strategies to reduce peak hour traffic: (1) Promote carpooling and ride sharing programs; (2) Provide easily accessible bicycle racks within the facility; (3) Provide transit information for residents and patrons; and (4) Amenities designed to encourage all modes of transportation. 16) 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. 07-01023mu Page 7 of 7 NW 16TH ST Wion a z NW 15TH ST 0 150 300 FUTURE LAND USE MAP NW 19TH TER High Multifamily Residential 600 Feet Density Restricted Commercial Office Major Inst,Public Facilit ie s,Transp NW 15TH ST Address: 1700 NW 14 AVENUE Hill rT NW 16TH ST 0 150 300 III ZONING ATLAS MAP 111111111111 rNW 19TH LN SD=,12; NW 19TH TER 600 Feet Address: 1700 NW 14 AVENUE 0 150 300 600 Feet Address: 1700 NW 14 AVENUE Projects in vicinity Wagner Square File ID#: 07-01023mu TAW 17114 nw 9 611L TER E TI' '• ram P ! _..� Currently, there is no other project in vicinity C I T Y 0 F M I A M I PLANNING DEP ARTMEN T PRE -APPLICATION DESIGN REVIEW COMMENTS SPECIAL EXCEPTION IDR-07-044 WAGNER SQUARE 1700 NW 14TH AVE NET DISTRICT: ALLAPATTAH 10-30-2007 City of Miami Vision Statement: "To Be an International City which Embodies Diversity, Economic Opportunity, Effective Customer Service and a Highly Rated Quality of Life" COMMENTS: We thank you once again, for participating in the design review process. We recognize that the applicant's continued active participation is an indication of a shared interest 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. Urban Design / Site Plan • The committee appreciates the efforts to reduce the sizes of the curb cuts, however there are still concerns over the amount and total width of all curb cuts. Continue to develop the site plan to internalize all vehicular drop-off and loading with the least amount of pedestrian interruption. Position retail at the streetfront to improve the pedestrian realm • Please provide larger, color site drawings of the proposed paving patterns. Include a clear indication of the material and color that is proposed. • Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas. Achieve this by providing a sidewalk with a consistent pattern and height that continues across 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. We are including an image of an approved mountable curb for your reference. • The open space identified is calculated incorrectly. Open space is defined as ground floor, essentially unimproved areas, that are open to the sky. Open space does not include driveways or vehicular areas, such as parking lots. • Consider reducing the amount of parking to the minimum required in order to reduce the bulk and size of the parking garage. • Indicate where mechanical ventilation will occur. Loading • There are still concerns with the loading area. Confirm the dimensions and turning radius requirements with the Public Works Department in order to verify the feasibility of the proposed loading arrangement. Architecture • More articulation of the parking garage is necessary. If openings cannot be provided, attempt to break up the massing of the eight story structure with additional details to the facade, such as glass, in order to integrate the parking structure with the rest of the building. • Visually Screen the surface parking area along the southern facade of Phase III by providing a 6' CMU wall in combination with a creeping vine. Landscape • The landscape buffers along all site perimeters must be improved. Consider the use of multiple layers of landscaping in order to reduce the impact of this proposal on neighboring properties. 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 Figure 1: A constructed mountable curb The Planning Department reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this additional information. *** Please note that the Planning Department reviews Special Permit proposals based on architectural design, site planning and urban design issues. The project still needs to be reviewed and comply with other department's requirements. 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 November 29, 2007 RECEIVED PLANNING DEPARTMEN F 2001 NOV 30 PH 3: 28 Ms. Lilia I. Medina, AICP Assistant Transportation Coordinator City of Miami, Office of the City Manager/Transportation 444 SW 2nd Avenue (10th Floor) Miami, Florida 33130 Re: Wagner Square Sufficiency Letter — Review # 186 Dear Ms. Medina: Via Fax and US Mail Subsequent to our September 19, 2007 review comments for the subject project, we have received formal responses from Richard Garcia and Associates Inc. (RGA) dated October 2 and October 5, 2007. The formal response includes a revised traffic impact study for this project. Photocopy of RGA's responses letter is attached herewith. At this time, we conclude that the revised traffic report meets all the traffic requirements and the report is found to be sufficient. The traffic impact study had identified Transportation Control Measures (TCM) to reduce the auto trips generated by this development. Although the TCM plan recognizes the availability of transit facilities near the project site, it recommends following strategies to reduce peak hour traffic: 1. Promote carpooling and ridesharing programs; 2. Provide easily accessible bicycle racks within the facility; 3. Provide transit information for residents and patrons; and 4. Amenities designed to encourage all modes of transportation. The development approval of this site should be conditioned upon these TCMs and providing convenient and secure spaces for bicycles. Should you have any questions, please call me at 954.739.1881. Sincerely, U - :Corp - r •, ' •_��• uthern Raj ', hanmug. • P E. Seni• r Traffic Engineer MS Corporation Lakeshore Complex 5100 NW 33rd Avenue, Suite 150 Fort Lauderdale, FL 33309.6375 Tel: 954.739.1881 Fax: 954.739.1789 Attachment Cc: Mr. Antonio E. Perez, Planner 11, City of Miami Planning (Fax - 305.416.1443) Mr. Richard Garcia, P.E., RGA. (Fax - 305.595.7505) CITY OF MIAMI, FLORIDA RECEIVED PLANNING DERARTMEN I INTER -OFFICE MEMORANDUM 2007 SEP 20 AM II; 43 Ana Gelabert-Sanchez Director Planning Department C5416-3/7\-Ull Stephanie N. Grindell, P.E. Director Public Works Department DATE: September 13, 2007 FILE : SUBJECT : Large Scale Development Review - Wagner Square REFERENCES: ENCLOSURES: The Public Works Department has reviewed the Large Scale Development plans for the development entitled WAGNER SQUARE located at 1700 NW 14 Avenue and has the following comments. 1. As a condition of the M.U.S.P. and prior to the issuance of a building permit, the applicant must complete the procedure contained in City Code Section 55-14 to authorize an encroachment into the private canal maintenance easement. 2. All stormwater must be retained on site including the driveways, interior courtyards and plazas on private property adjacent to the public streets. All common areas, 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. 3 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. 4. Continuous pedestrian sidewalk is required within the public right of way abutting the project site without requiring pedestrians to enter private property. The sidewalk width must maintain 5 feet in order to comply with A.D.A. clearance requirements. The proposed trees along these streets must be located behind the sidewalk/right of way line. 5. All greenspace and Iandscaping required by the Zoning Ordinance must be accoirunodated on private property. Greenspace and landscaping within the public right of way cannot be included in the calculations for meeting greenspace zoning requirements. h. Insufficient maneuvering space is provided in the loading area for trucks to enter/exit the loading stalls. Provide dimensions of the loading/trash area and of the stalls. 7. 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. Ana Gelabert-Sanchez Director Planning Department Page 2 September 13, 2007 8. City of Miami driveway entrances, in compliance with A.D.A. standards, shall be required. Continuous sidewalk is required across driveway entrances. 9. 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. 10. 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. 1 I. Since this project is more than one acre in total construction area, the 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 information on a DEP permit application, please contact our 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: N.W. 17 Street: Construct new handicap ramp (ADA complaint) at the 25' corner radius. Replace broken and damaged sidewalk on the north side of the street adjacent to the project - site. Install sod and street trees in the swale area adjacent to the project site. N.W. 14 Avenue: Replace broken and damaged sidewalk, curb and gutter on the west side of the avenue adjacent to the project site. N. W. 15 Avenue: Construct new sidewalk, curb and gutter on the east side of the avenue adjacent to the project site. Install sod and street trees in the parkway adjacent to the project site. In addition, pavement restoration for all water and sewer extensions, existing damaged pavement and pavement damaged during construction, as determined by the City inspector, shall include milling and resurfacing of the full pavement width, curb to curb, along the entire length of the excavation and/or damaged pavement area. A thorough cleaning of all Stormwater drainage inlets and storm sewer pipes adjacent to the building site shall be required at 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 (Temp.), at extension 1221. SNG/L.IHIEE Ana Gelabert-Sanchez Director Planning Department Page 3 c: REDEVCO CORPORATION 1175 N.E. 125 Street, Suite 103 North Miami, Florida 33161 ia-A[bc: September 13, 2007 FULLERTON DIAZ ARCHITECTS, INC. 366 AItara Avenue Coral Gables, Florida 33146 Stephanie Grindell, F.E., Director of Public Works Roberto E. Lavernia, Chief of Land Development, Planning Department Development and Roadway Plans Central CITY 0 F MIAMI PLANNING DEPARTMENT URBAN DEVELOPMENT REVIEW BOARD(UDRB) RESOLUTION POR RECO fHIMEN DATION UDRB MEETING 11 /21 /07 Item No. 3: Wagner Square A motion was made by Rudolph Moreno and seconded by Robin Bosco for a resolution recommending to the director of the Department of Planning approval with conditions for a Major Use Special Permit for the project Wagner Square located at 1700 NW le Avenue with a vote of 3 to 0. Vote Liar: Yes No Recused Absent Todd B. Tragash, Liman ® ■ 0 0 Julio Diaz, Vice Q1.,m„n ■ ❑ ® ❑ Robert Behar 0 ❑ . 0 IS Willy Bermello ■ U 0 0 Robin Bosco ® ❑ ❑ ■ Marina Khoury 0 ❑ , 0 Rudolph Moreno ►�I ❑ , ❑ 0 Ernesto Santos 0 ❑ , 0 181 0 ❑, 0 0 Conditions: • Provide additional landscape buffers along the property boukidaries with adjacent parcels. • A one -stop elevator shall be added to provide connectivity to the 30 plus parking spaces in the garage. Provide elevator shaft now in preparation for the installation of the elevator during Phase III. Alexander Adams, UDRB Officer M I •r7 MIAM1 INTERNATIONAL AIRPORT Commercial Airport: Ali anti Intorn,llinn,I Airport General Aviation Airports: ai k-CotherPaining & transition Homestead Gertor,ii Kenrl.rll=Tamianti Exrtu ive ()ho.Iocka Executive Ms. Debra Sinkle Kolsky Redevco Corporation 1175 NE 125th Street, Suite 103 North Miami, Florida 33161 September 7, 2007 iami-Dade Aviation Department P.O. Box 025504 Miami, Florida 33102 T 305-876-7000 F 305-876-0948 www.rniami-airport.com miamidade.gov RE: Airspace and Land Use Analysis for Wagner Square, located at 1700 NW 14 Avenue, Miami, FL Dear Ms. Sinkle Kolsky: The Miami -Dade Aviation Department (MDAD) has reviewed your Large Scale Development Submittal, received by this office on August 31, 2007, for an airspace and land use analysis for the above referenced project. Airspace Review: Based on our cursory review of the project information provided to us, an assumed project height of 192 ft AMSL (Above Mean Sea Level), does not meet our review criteria for its location and will not require a Height Analysis or Letter of Determination from this Department. However, any construction cranes for this project reaching or exceeding 200 ft AMSL (Above Mean Sea Level) must be filed by the construction contractor using FAA Form 7460-1, Notice of Proposed Construction or Alteration. 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 construction contractor 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 Aviation Department or the applicable municipal building official determines whether the County's height limitations are met, and FAA determines whether FAA building, marking and height requirements are met. Ms. Debra Sinkle Kolsky September 7, 2007 Page 2 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. Land Use Review: Based on the available information, it was determined that the parcel falls inside the Critical Area Approach Sub -Zone "B" ("CA-B") as defined in the Zoning Ordinance for Miami International Airport ("the Ordinance") #04-203. Please be advised that the placement of an educational facility including a day care facility at this location is subject to all applicable regulations as referenced in the Ordinance. 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. Sin Jos, .A Ch of of Aviation Planning Section JRIAH/cf C: S Harman A. Herrera N. Mata S. Basu, Department of Planning and Zoning D. Hotness, Department of Planning and Zoning R. Lavernia, City of Miami A. Perez, City of Miami O. Toledo, City of Miami Antonio J. Hernandez, Fullerton Diaz Architects File Zoning **REVISED** SCHOOL IMPACT REVIEW ANALYSIS January 8, 2008 FOR INFORMATIONAL PURPOSES ONLY; THIS APPLICATION HAS BEEN REVIEWED UNDER THE 2003 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING, CURRENTLY IN EFFECT. ALTHOUGH EXISTING REQUIREMENTS ARE NOT TRIGGERED AS THE APPLICANT IS NOT REQUESTING ADDITIONAL RESIDENTIAL DENSITY, THE APPLICATION MAY BE SUBJECT TO SCHOOL CONCURRENCY REQUIREMENTS, EFFECTIVE JANUARY 1, 2008, AS MANDATED BY 2005 GROWTH MANAGEMENT LEGISLATION. PURSUANT TO SECTIONS 163.3177 AND 1013.33, FLORIDA STATUTES, ALL NEW RESIDENTIAL APPLICATIONS WILL BE TESTED FOR SCHOOL CONCURRENCY AT FINAL SUBDIVISION, SITE PLAN (OR FUNCTIONAL EQUIVALENT), EFFECTIVE AT THE TIME SCHOOL CONCURRENCY IS FULLY IMPLEMENTED (SEE EXHIBIT A FOR SAMPLE PRELIMINARY ANALYSIS). APPLICATION: Wagner Square (Planning Advisory Board — January 16, 2008) REQUEST: Major Use Special Permit ACRES: + 3.38 net acres ZONING: C-1 "Restricted Commercial" (150 DU/acre) LOCATION: 1700 NW 14 Avenue, Miami MSA/ MULTIPLIER: NUMBER OF UNITS: 4.61 .27 Multifamily 104 Multifamily units (Phase 1— 56 units; Phase 11— Office space; and Phase Ill — 48 units; for a total of 104 units) ESTIMATED STUDENT POPULATION: 28 ELEMENTARY: MIDDLE: SENIOR HIGH: 14 6 8 SCHOOLS SERVING AREA OF APPLICATION ELEMENTARY: Paul L. Dunbar Elementary — 505 NW 20 Street MIDDLE: Citrus Grove Middle — 2153 NW 3 Street SENIOR HIGH: Miami Jackson Senior High —1751 NW 36 Street All schools are located in Regional 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 2007: Paul L. Dunbar Elementary Citrus Grove Middle Miami Jackson Senior High % UTILIZATION % UTILIZATION NUMBER OF FISH DESIGN FISH DESIGN FISH DESIGN PORTABLE CAPACITY STUDENT CAPACITY CAPACITY STUDENT PERMANENT AND POPULATION PERMANENT PERMANENT STATIONS RELCOATABLE 475 529 * 1,024 1,030 * 1,550 1,558 * 827 1,485 2,160 57% 64% 69% 69% 72% 72% 0 20 48 *Student population increase as a result of the proposed development 57% 64% 68% 68% 70% 71% Notes: 1) Figures above reflect the impact of the class size amendment. 2) Pursuant to the Interlocal Agreement, none of the schools meet the review threshold. PLANNED RELIEF SCHOOLS IN THE AREA (Information included in 5-Year Capital Plan, 2007-20011, dated September 2007) Projects in Planning, Design or Construction School' Status Miami Jackson Senior High Construction Replacement (2,565 student stations) Proposed Relief Schools School N/A Projected Occupancy Date School Opening 2008 Funding year OPERATING COSTS: Accounting to Financial Operations, 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 $183,372. CAPITAL COSTS: Based on the State's January 2008 student station cost factors*, capital costs for the estimated additional students to be generated by the proposed development are: ELEMENTARY Does not meet review threshold MIDDLE Does not meet review threshold SENIOR HIGH Does not meet review threshold Total Potential Capital Cost $0 *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: 07-01023mu 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 PHASES II AND III OF WAGNER SQUARE, A MIXED USE PROJECT, TO BE LOCATED AT APPROXIMATELY 1700 NW 14TH AVENUE, MIAMI, FLORIDA; TO CONSTRUCT TWO STRUCTURES WITH AN APPROXIMATE MAXIMUM HEIGHT OF 191 FEET AND 8 INCHES (13-STORY) COMPRISED OF APPROXIMATELY 48 RESIDENTIAL UNITS; APPROXIMATELY 286,933 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 15,843 SQUARE FEET OF COMMERCIAL SPACE; AND APPROXIMATELY 1,407 PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; 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. LOCATION: Approximately 1700 NW 14th Avenue APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Wagner Square, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. *See supporting documentation. PURPOSE: This will allow the development of the Wagner Square project. WHEREAS, on November 7, 2006, A. Vicky Garcia -Toledo, Esquire, on behalf of Wagner Square, LLC & Wagner Square I, LLC. (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for Wagner Square Phase II and III (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 1700 N.W. 14th Avenue, Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and WHEREAS, development of the Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on September 19, 2007 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on November 21, 2007, to consider the proposed project and recommended APPROVAL WITH CONDITIONS; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on January 16, 2008 Item No. 4, following an advertised public hearing, adopted Resolution No. PAB *-* by a vote of --- to --- (*- *), recommending ---- with conditions as presented in the Major Use Special Permit Development City of Miami Page 1 of 10 Printed On: 1/9/2008 File Number: 07-01023mu Order as attached and incorporated; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A Major Use Special Permit Development Order, incorporated within, is approved subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No. 11000, for the project to be developed by the Applicant, located at approximately 1700 N.W. 14th Avenue, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of an approximate 191 feet and 8 inches -foot, 13-story high mixed use structure to be comprised of approximately 48 total multifamily residential units with recreational amenities; approximately 286,933 square feet of office space; approximately 15,843 square feet of commercial space, and approximately 1,407 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 proposed C-11 (Restricted Commercial) and C-2 (Liberal Commercial) 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 1) 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. No. impact of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner Tots Yes. *Yes. should be oriented to the corner and public street fronts. 11) Architecture and Landscape Architecture: (1) A project shall be designed Yes. *Yes. to comply with all applicable landscape ordinances; (2) Respond to the neighborhood Yes. *Yes. context; City of Miami Page 2 of 10 Printed On: 1/9/2008 File Number: 07-01023mu (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. *No respond primarily to the human scale; (3) Provide active, not blank Yes. *No facades. Where blank walls are unavoidable, they should receive design treatment. IV) Streetscape and Open Space: (1) Provide usable open space Yes. *No. 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. No. vehicular safety to minimize conflict points; (2) Minimize the number and Yes. No. width of driveways and curb cuts; (3) Parking adjacent to a street Yes. *Yes. front should be minimized and where possible should be located behind the building; (4) Use surface parking areas Yes. N/A. as district buffer. VI) Screening: (1) Provide landscaping that Yes. *Yes. screen undesirable elements, such as surface parking lots, City of Miami Page 3 of 10 Printed On: 1/9/2008 File Number: 07-01023mu and that enhances space and architecture; (2) Building sites should locate Yes. *Yes. service elements like trash dumpster, loading docks, and mechanical equipment away from street front where possible. When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front they should be situated and screened from view to street and adjacent properties; (3) Screen parking garage Yes. No. structures with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. VII) Signage and Lighting: (1) Design signage appropriate Yes. **N/A. for the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design Yes. **N/A. feature to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to Yes. **N/A. minimize glare to adjacent properties; (4) Provide visible signage Yes. **N/A. identifying building addresses at the entrance(s) as a functional and aesthetic consideration. VIII) Preservation of Natural Features: (1) Preserve existing vegetation Yes. *Yes. and/or geological features whenever possible. IX) Modification of Nonconformities: (1) For modifications of Yes. N/A. nonconforming structures, no increase in the degree of nonconformity shall be City of Miami Page 4 of 10 Printed On: 1/9/2008 File Number: 07-01023mu 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. ** Not applicable at this time These findings have been made by the City Commission to approve this project with conditions. d. The PROJECT is expected to cost approximately $185,284,617, and to employ approximately 275 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 20 permanent new jobs (FTE) for building operations and will generate approximately $820,196 annually in tax revenues to the City (2008 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 June 9, 2006, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference. Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the PROJECT, incorporated within. Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and issued. Section 11. In the event that any portion or section of this Resolution or the Development Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order which shall remain in full force and effect. Section 12. The provisions approved for this Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its City of Miami Page 5 of 10 Printed On: 1/9/2008 File Number: 07-01023mu 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 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 Wagner Square Phase II and III (hereinafter referred to as the "PROJECT") to be located at approximately 1700 N.W. 14th Avenue, Miami, Florida (see legal description on "Exhibit A", attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions approves the Major Use Special Permit and issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a mixed use development to be located at approximately 1700 N.W. 14th Avenue, Miami, Florida. The PROJECT is located on a gross lot area of approximately 3.93± acres and a net lot area of approximately 3.38± 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 191 feet and 8 inches -foot, 13-story high mixed use structure to be comprised of approximately 48 total multifamily residential units with recreational amenities; approximately 286,933 square feet of office space; approximately 15,843 square feet of commercial space, and approximately 1,407 parking spaces; providing for certain floor area ratio ("FAR") bonuses. The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits: MAJOR USE SPECIAL PERMITS 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 39,708.81 square feet, the user shall make a non-refundable bonus developer contribution of an amount of $492,389.24 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 59,011.03 square feet of floor area; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (7), to allow any single use or combination of uses requiring or proposing to provide in excess of five hundred (500) off-street parking spaces; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (2), to allow non-residential uses involving in excess of two hundred thousand (200,000) square feet of floor area; The Major Use Special Permit encompasses the following Special Permits and requests: 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; City of Miami Page 6 of 10 Printed On: 1/9/2008 File Number: 07-01023mu 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 15, Sect.1512, to allow a waiver of City of Miami Parking Guides & Standards requirement of one (1) additional foot in stall dimension where the side of any stall abuts a wall, 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 9, Section 917.14.1, to allow Automated Parking Lifts; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 923.2.1, to allow reduction of loading berth dimensions as follows; Phase II Required number of loading berth: Four (4) 12 feet wide x 35 feet long x 15 feet high Proposed number of loading berth: Two (2) 12 feet wide x 35 feet long x 15 feet high Two (2) 10 feet wide x 20 feet long x 15 feet high Phase III Required number of loading berth: One (1) 12 feet wide x 35 feet long x 15 feet high Proposed number of loading berth: One (1) 10 feet wide x 20 feet long x 15 feet high CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, to allow access driveway width greater than twenty five (25) feet from a public street roadway; 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, 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 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 10.5.4.3, C-1 Restricted Commercial, 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 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. City of Miami Page 7 of 10 Printed On: 1/9/2008 File Number: 07-01023mu The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Fullerton Diaz Architecture, signed and dated November 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. The PROJECT conforms to the requirements of the proposed C-1 (Restricted Commercial), as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The proposed comprehensive plan future land use designation on the subject property allows the proposed uses. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit including the required Affordable Housing Trust fund contribution of $12.40 per square foot for any applicable FAR increase sought under those provisions. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating 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 City of Miami Page 8 of 10 Printed On: 1/9/2008 File Number: 07-01023mu 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 all vehicular drop-off and loading with the least amount of pedestrian interruption; (b) Provide more retail at street -front to improve the pedestrian realm along 17th Street (c) Provide larger color site drawings of the proposed paving patterns for review and approval; (d) Provide level sidewalks with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works; (e) Provide articulation of the parking garage in order to break up the massing of the eight story structure with additional details to the fa9ade, such as glass, in order to integrate the parking structure with the rest of the building; (f) Provide landscape buffers along all site perimeters by using multiple layers of landscaping. 12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: a) N.W 17th Street - Construct new handicap ramp (ADA complaint) at 25' corner radius. Replace broken and damaged sidewalk on the north side of the street adjacent to the project site. Install sod and street trees in the swale area adjacent to the project site; (b) NW 14th Avenue - Replace all broken and damaged sidewalk, curb and gutter on the west side of the project site; (c) NW 15th Avenue - Construct new sidewalk, curb and gutter on the east side of the avenue adjacent to the site. Install sod and street trees in the parkway adjacent to the project site. 13) A development bonus to permit a mixed use of 39,708.81 square feet of floor area shall require a non-refundable payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot for a total of $$492,389.24. 14) Approval of the proposed Wagner Square MUSP for Phase II and III is contingent on modification of an existing covenant in lieu of unity of title, changing the numbers of units on Phase I and Phase III, from 52 units in each phase to 56 units in phase I and 48 units in phase III for the same overall total of 104 units for all phases. 15) Prior to the issuance of a building permit, the applicant shall submit implementation of the following strategies to reduce peak hour traffic: (1) Promote carpooling and ride sharing programs; (2) Provide easily accessible bicycle racks within the facility; (3) Provide transit information for residents and patrons; and (4) Amenities designed to encourage all modes of transportation. 16) 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 Applcant, 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 City of Miami Page 9 of 10 Printed On: 1/9/2008 File Number: 07-01023mu Miami, and complies with local land development regulations and further, pursuant to Section 1703 of the Zoning Ordinance: (1) the PROJECT will have a favorable impact on the economy of the City; and (2) the PROJECT will efficiently use public transportation facilities; and (3) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) the PROJECT will efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. APPROVED AS TO FORM AND CORRECTNESS: 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 10 of 10 Printed On: 1/9/2008 WAGNER SQUARE EXHIBIT "A" COMPLETE LEGAL DESCRIPTION COMBINING ALL LOTS This property described as: Tract "A", WAGNER SQUARE, according to the Plat thereof, as recorded in Plat Book 162, Page 66, of the Public Records of Miami -Dade County, Florida. Formerly known as: TRACT "B" of VENAGOS SUBDIVISION, as recorded in Plat Book 117, Page 20, of the Public Records of Miami -Dade County, Florida. AND Lots 1 to 4 less East 65 feet, in Block 4, BRADDOCK SUBDIVISION NO. 4, as recorded in Plat Book 3, Page 61, of the Public Records of Miami -Dade County, Florida. AND Lots 47, 48, and 49, in Block 4, BRADDOCK SUBDIVISION NO. 4, as recorded in Plat Book 3,` Page 61, of the Public Records of Miami -Dade County, Florida. Said property containing =/ 147,448 S.F. (+I 3.385 Acres) Rev. 09-20-06 M I A M 11306640.1 75962 26519 8/3/07 3:48 PM "Exhibit B" Project Data Sheet - - - WAGNER SQUARE - PHASE 11 ER= Mg .111=.1.11111111 SCILEMICI1C135111G14 AREA ORFAKDOWN GR17511. OLILDVIC CR1155. 0171Cr. AC. ARM 34411-3-C ARV. C ORRIDOR AREA 341.71.111,41A FA KUL MAIM:AIWA 10PCAPS will IIIMM NM MNIIIMERIMA ErellillirliMMIIIMMIll11.111.11111 = NM NM smiiii-lennirmiorwrilMiliM1112 EIMIIMMEMMEMIIIIMINIIIIM morilarrnrrimmmtrimmin urriougararm MIIIMIMIIIIIIIMMIIIIIIIMIIIIIIIMBIIMIMI NEIE ..IIE. =r. .11.11.1111111111111M1 111111 ar.I.111 IIIIIIIIIIIIIIIIIIIMMIIIIIIIIIMIIII MI=IEMIIIIIIIVEMI IMN Iliri IMMO EMIIMEMII gionirM MIIIIMEE 17.1147 if wit& 1'3,064 it 41.1171 if 4.03 1f 1 . 14,517 if 631.31 sf 2311 sf 12.1361 .if 11,317 if 56,1137 d L11 an 6 RC. 13111 if 394 ,1 sf IVA if ___ 13.1if 11 .1,7 ,1 ir Lf. f 12 sr S C iia 7 RC.. 17.44I 4 97.431 if 11.54 if 131101 al 17,141 d' 51,391 sf • idI on 3 RC.' 171 if 69,935 it .tf I d MI d 44.114' if • 131 do 1 17,30 of 39,171 of 2,164 sf 1407.34.2!... 17,543 d _ VA d 161 an 1 fiC: :::: I3,.1.0 if 31,571 d 1,164 if 1.47.57 st 1116 of 36.5511Of • 133 tin 6 KC IIIMMIMEN irrEffeTEMIEIMIPI 014 1.,-14.111 11•1111Mn M.11111111Mr MIIIIMII2 NI 47,341 if 50 441 if 7 144 if 13974 if rf II if 56,44r3Ijf • 16 sin _ULS. 1 11 C. 17.1114 if 441911 31- 1141 if 193701 A 77051 If MO el • 14 no 351. sf 36,113 if sf if 357 d 3.5.267 sf . 1.04 .sil R.C. 311111 of 1.919 if .3341 if 14.361 if 31_111 if 31,734 d 1493 X 1.361' d 211.161 of 33.714 if . _ 20,4191 d 1.493i sf 3,469 if 15101 if 70.419 se sf Ofri4114.1.444111 moninmemn 76.315/ if 1,093 if 1141 i f 15.113 of 70,350 'MAL WE= MUM 111M11.11.1 . 2 ... 4 1.411 if 3411 41 13p4 .6li1,50 if . PI 117.1911 rf J11.554 if 33,191 .r M1.913 of .752,74 If 461176 /....a.-; 1 11, .1113 air 14 46_1:. 1 " 1 . __L 141'1001f SIA113114C MCA WAGNER SQUARE- PHASE III EZE31 0CHE143117. Mai IMIIIIMIIPPM 11111111.11111111111 IllnliWTIMMENEIMEMI1 MIMMINIMISIIMMENIMM MINE11.111=11111111111.11.111111 .11M11.111.1111.M111.1111.11111111 Irtillil NM INIMMIMMINNIENI MIMM212MIIIMECITI IIIMMIMIIIIIIIIMMIS MIN IIIMMIEETNII mmuisumnimommora NMI AIIEA DREAKDOWN Irlir 4-C-AREA 30:17,A.C.AXE4 CORM11301 AREA 131.1.4512ARM 11.0e, 9AR4WIGA21L4 11171CAR3 EIPEN MEIMII 1.11111. MI=RMIN =MIMI IIMMEI M 25.114 if 41 i411 ARC IMM 111111111M1EM 1.111111r11111n. 1111111111111EN INI2M1 11.1111WW. MIIIIMr1111 4,04 d 3311 d 1321 if 4.174 if 4104 d On sr 23141 if 1,321 d 4176 4 1,754/ of S16 14.17G Sr 7311 if 1311 if 3.136 ef 4.101. sf sf 1316 if 1:135 at 4,XT6 d .i7141 if MI if 1111 if pas if 4,516 of 4594 d 4.826 if 1314 sf 1.125 sf AN:s d 4,754 d 11111111MMII •MOM IM 10TAL EMI 29.136 if 11.231 if t," 0 ?MX if 3/314 er 75.134 d 41 0 4.4 WAGNER SQUARE - PAS 1- - FOR REFERENCE ONLY - TO BE BUILT AS OF RIGHT - PROCESSING N 070021142 /112•03 SCRIM...TIC 01,51,731 .411/4. RRE.A1CF)3W73 1044, 1,0 1112.1257 CLAW 10111/35if: 46C.AR1.4. 740144.1:.3.1111. C31R1110046AREA 9.A11ARI94.11rA 174.11. 9.4.111CC.0 3.1154 40FC4R4 1 1.1 Crowd Lod 6677 of 3.4111 3.163 if 149 1,141 3313 36,551 if 36 ors Onsivil 14 Partis lair 1 A }iC. ! ' • 1.1 TR ifiPsikidis 143 13,101 44 111431 if 3.963 il 3.999 0 11143 SI 14,411 if 1.3 Todoell,as L041 15,101 41 '1221 of 6 34.f 2,911 sf 1131 if 11.133 it 14 1,14.41144.14611 1 / 401 rf 1.9571 of 1050 d 3.511 if 1.507 rf 11133 of 1.5 Tiosimi is Led 11404 rf 13311 sf 7,456 d 2.911 if 1,117 d 11133 31 4 TOTA1, 41111 al &UN if 1033 1 rf 11.111 d 41,944. of 33,715 if 16551 rf /A dim .-. 4... _tr. ___.___- .1_ .___ ._ ..,_ lerR • T si. par SSI / Mil i tad 13i) LOT, 1.5 +PP MP rf) 3112. plextm ro 3.1 Ciard 13,17341iirs 5 Lii13 1 r---- .. . _.. ..._....._... .... _.. __. __._. _ + . J t.a ,....L. 7 APAoissis 4 iris or iris A 604 1.3 Lid 3 Aarlowsi 4 yip al' 1 Intl 4 -, 3, 4 Lex14.14fteicris 1 ..{ Al 4111.1 .1 trib 1.-3 ' Lind 5 Af.14Lito 1 ,. 4:I61s I Inn TOTALUNTII 161TAL 49 11 ink 151.43 76 web ...... ''.Vg''':Lt'rr107fitiP1;