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;
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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
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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.
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• 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
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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
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systems; further submit a report to the Planning Department, prior to commencement of
construction, demonstrating how the Police Department recommendations, if any, have
been incorporated into the PROJECT security and construction plans, or demonstrate to
the Planning Director why such recommendations are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue
indicating APPLICANT'S coordination with members of the Fire Plan Review Section at
the Department of Fire -Rescue in the review of the scope of the PROJECT, owner
responsibility, building development process and review procedures, as well as specific
requirements for fire protection and life safety systems, exiting, vehicular access and
water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of
Solid Waste that the PROJECT has addressed all concerns of the said Department prior
to the obtainment of a shell permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the
Application for Development Approval, with the understanding that the APPLICANT must
use its best efforts to follow the provisions of the City's Minority/Women Business Affairs
and Procurement Program as a guide.
6) Record the following in the Public Records of Dade County, Florida, prior to
the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration of Covenants and Restrictions providing that the ownership, operation and
maintenance of all common areas and facilities will be by the property owner or a
mandatory property owner association in perpetuity.
7) Prior to the issuance of a shell permit, provide the City with a recorded copy of
the MUSP permit resolution and development order, and further, an executed, record
able unity of title or covenant in lieu of unity of title agreement for the subject property;
said agreement shall be subject to the review and approval of the City Attorney's Office.
8) Provide the Planning Department with a temporary construction plan that
includes the following: a temporary construction parking plan, with an enforcement
policy; a construction noise management plan with an enforcement policy; and a
maintenance plan for the temporary construction site; said plan shall be subject to the
review and approval by the Planning Department prior to the issuance of any building
permits and shall be enforced during construction activity. All construction activity shall
remain in full compliance with the provisions of the submitted construction plan; failure to
comply may lead to a suspension or revocation of this Major Use Special Permit.
9) In so far as this Major Use Special Permit includes the subordinate approval of
a series of Class I Special Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Planning Department with all
subordinate Class I Special Permit plans and detailed requirements for final review and
approval of each one prior to the issuance of any of the subordinate approvals required
in order to carry out any of the requested activities and/or improvements listed in this
development order or captioned in the plans approved by it.
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
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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
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NW 16TH ST
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NW 15TH ST
0 150 300
FUTURE LAND USE MAP
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Density
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Commercial
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Address: 1700 NW 14 AVENUE
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ZONING ATLAS MAP
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NW 19TH TER
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Address: 1700 NW 14 AVENUE
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Address: 1700 NW 14 AVENUE
Projects in vicinity
Wagner Square
File ID#: 07-01023mu
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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
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