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HomeMy WebLinkAboutItem #8-V-Carver- PAB_06.18.08PLANNING FACT SHEET LEGISTAR FILE ID: 06-00415mu June 18, 2008 Item # 8 APPLICANT N. Patrick Range, as attorney on behalf of Village Carver Phase I, LLC, Lessee and YMCA of Greater Miami, Inc., Owner REQUEST/LOCATION Consideration of a Major Use Special Permit for the, for the Village Carver project, to be located at approximately 401 Northwest 71st Street, Miami, Florida COMMISSION DISTRICT 5 - Michelle Spence -Jones ZONING DISTRICT(S) C-2 (Liberal Commercial) SITE AREA 7.80± acres (Gross) and 6.65± acres (Net) LEGAL DESCRIPTION See supporting documentation PETITION Consideration of a Resolution, approving with conditions a Major Use Special Permit pursuant to articles 13 and 17 of Zoning Ordinance No. 11000, as amended, for the Village Carver project, to be located at approximately 401 Northwest 71st Street, Miami, Florida, to construct an approximate 113 feet and 8 inches, 11 story high residential -use structure to be comprised of approximately 309 total multifamily residential units with recreational amenities; and approximately 391 total parking spaces. PLANNING RECOMMENDATION Approval with conditions BACKGROUND AND ANALYSIS See supporting documentation PLANNING ADVISORY BOARD VOTE: CITY COMMISSION CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 Date Printed: 6/10/2008 Page 1 ANALYSIS MAJOR USE SPECIAL PERMIT for VILLAGE CARVER located at approximately 401 NW 71 Street, Miami, Florida LEGISTAR FILE ID: 06-00415mu The proposed development "VILLAGE CARVER" development is a Multifamily Residen- tial project comprised of three (3) phases with separated structures with a total of 309 units, approximately 229,948 square feet of floor area and 391 parking spaces. The tall- est of the three structures (phase 3) will have a maximum height of 113 feet 8 inches N.G.V.D at top of roof slab. Pursuant to Ordinance 11000, as amended, Supplement 16, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for "VILLAGE CARVER" at 401 NW 71 ST., Miami, Florida, has been reviewed to allow the following application for Major Use Special Permit subject to the applicable criteria; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), to allow a residential development involving three hundred eight (309) units; The Major Use Special Permit encompasses the following Special Permits and Re- quests: SPECIAL EXCEPTION, as per Article 4, Section 401, under Conditional Principal Uses of C-2 Liberal Commercial (12), to allow the construction of Multifamily Residential Struc- tures of a density equal to R-3 or higher, in this case R-4; subject to all applicable crite- ria; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908.2, to allow driveways of width greater than 25. 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 of parking stall dimension where the side of these stalls abuts a column. The minimum stall width di- mension of 8'-6" will be measured from the face of the column to the center line of the stall stripping lines; CLASS II SPECIAL PERMIT, as per ARTICLE 9. Section 927, to allow temporary struc- tures, occupancies, and uses reasonably necessary for construction such as construc- tion 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, to allow temporary carni- val, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremony; CLASS I SPECIAL PERMIT as per ARTICLE 9. Section 916.2.1, to allow parking for temporary special event such as groundbreaking ceremonies; 06-00415mu Page 1 of 6 CLASS I SPECIAL PERMIT, as per ARTICLE 9. Section, to allow temporary off-street offsite parking, for construction crews working on a residential project under construc- tion, within R-4 or more permissive zoning district; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers. CLASS I SPECIAL PERMIT, as per ARTICLE 10. Section 10, Section 10.5.4 Sub - Section 10.5.4.4. C-2 Liberal Commercial, Temporary Signs (3), to allow temporary de- velopment signs; REQUEST as per Article 25, Section 2502 Definition, to be qualified as a phased project by the Director of the Planning Department as established in Article 17, Section 1701 (11). 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 read- ing 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 and Urban Development Review Board 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 in the Little Haiti NET District, between Rail Road to the North, NW 71 st Street to South, NW 3rd Avenue to East, and 1-95 Expressway to West. • 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 (309 units at 46.47 units per acre) is below the maximum 997 units (150 units per acre) on the 6.65 ± net acre site. 06-00415mu Page 2 of 6 • It is found that the total floor area proposed for the 7.80± gross acre site is 229,948 square feet (0.68 FAR) which is below than the maximum allowed for the site which is 584,308 square feet at a Floor Area Ratio (FAR) of 1.72 • It is found that the maximum height of the proposed structure is approximately 113 feet 8 inches N.G.V.D at top of roof slab. Pursuant to Article 4, Section 401 the maximum height allowed for C-2 is 120 feet. • It is found that the proposed green space for the project 84,271 sq. ft. is above the minimum required green space (33,971 sq. ft. at 10% GLA) for this project. • It is found that the proposed total number of parking spaces (approximately 391) for the project is above the required minimum number of 390 parking spaces. • It is found that the project is expected to cost approximately $141,179,540 and to employ approximately 132 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 12 permanent new jobs (FTE) for building operations and will generate approximately $ 671,310 annually in tax revenues to the City (2009 dollars). • It is found that the Large Scale Development Committee reviewed the project on May 16, 2007 to address the expressed technical concerns raised at said Large Scale Development Committee meeting. • It is found that the proposed project was reviewed by the Internal Design Review Committee on January 16, 2007, and the following revised pertinent comments were made: Architecture: (1) Provide color samples as well as those of the materials to be used in the balconies; (2) Provide details of the stone pavers proposed for the entrances and pedestrian crosswalks; (3) Treat the stucco scoring with a minimum of 3" wide and 1" deep to emphasize the articulation in the exterior walls; Landscaping: (1) Provide a Tree Mitigation Plan showing the transplanted species; (2) Add trees to the landscape bulb out areas between the parallel parking spaces; (3) Enhance the landscape buffers along site perimeters and unscreened portions of garages; (4) Introduce multiple layers of landscaping at varying heights. • It is found that the proposed project was reviewed by the Urban Development Review Board on October 17, 2007, and recommended approval with conditions. • It is found that on May 3, 2007, the City of Miami Public Works Department provided a review of the project and commented that the project would have more than one acre in total construction area and shall comply with the City of Miami municipal separate storm sewer permit (MS-4),in addition, the following street improvements are required: (1) N.W. 71 Street: Construct a new sidewalk, curb and gutter, pavement and modifications to the stormwater drainage system on the north side on N.W. 71 Street adjacent to the project in site in accordance with the required subdivision improvements for the "YMCA CARVER" plat; (2) N.W. 3 Avenue: Construct a new sidewalk, pavement, landscaping and stormwater drainage system for the entire width of N.W. 3 Avenue in accordance with the required subdivision improvements for the "YMCA CARVER" plat. • It is found that Miami -Dade Public Schools provided a revised review of the proposed project on May 9, 2008. The student population generated by this 06-00415mu Page 3 of 6 development is estimated at 71 students. The schools serving this area of application are Little River Elementary; (34 students) — 91 % Florida Inventory School Houses (FISH) Capacity; Horace Mann Middle (16 students) — 59% FISH; and Miami Edison Senior High (21 students) — 69% FISH. Pursuant to the Interlocal Agreement none of the schools meet the review threshold of 115%. • It is found that the Miami -Dade Aviation Department provided a height analysis review on April 30, 2007; stating that the proposed project conforms to the Miami Dade County Height Zoning Ordinance. However, any construction cranes for this project reaching or exceeding 200 feet AMLS must be filed by the construction contractor using the same form mentioned before. • It is found that on September 6, 2007, the City's Traffic Consultant, URS Corp., provided a review (W.O. #179) of the Traffic Impact Analysis submitted by the applicant and has found the traffic analysis sufficient contingent upon the following Transportation Control Measures; (1) Promote carpooling and ridesharing programs; (2) Provide easily accessible bicycle racks within the facility; and (3) Provide transit information for residents and patrons. • It is found that the Environmental Impact Analysis Statement submitted with the project states that "the proposed development site is appropriate and has a favorable impact on economy, public services, environment and housing supply within the immediate neighborhood and its environment" • It is found that with respect to all additional criteria as specified in Section 1305.2 of Zoning Ordinance 11000, the proposal has been found to adhere to the following Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and Open Space; (5) Vehicular Access and Parking; (6) Screening; (7) Signage and lighting; (8) Preservation of Natural Features; and (9) Modification of Nonconformities. Based on these findings, the Planning Department is recommending approval of the requested Development Project with the following conditions: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 06-00415mu Page 4 of 6 4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a shell permit. 5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for Development Approval, with the understanding that the APPLICANT must use its best efforts to follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide. 6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. 7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP permit resolution and development order, and further, an executed, record able unity of title or covenant in lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's Office. 8) Provide the Planning Department with a temporary construction plan that includes the following: a temporary construction parking plan, with an enforcement policy; a construction noise management plan with an enforcement policy; and a maintenance plan for the temporary construction site; said plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this Major Use Special Permit. 9) In so far as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and detailed requirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order or captioned in the plans approved by it. 10) If the project is to be developed in phases, the Applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director. 11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions: (1) Provide materials and color samples to be used in the proposed balconies; (2) Provide details of the stone pavers at the entrances and pedestrian crosswalks; (3) The stucco scoring shall be a minimum of 3" wide and 1" deep in order to emphasize the articulation in the exterior walls; (4) Provide a Tree Mitigation Plan showing the transplanted species; (5) Provide trees to the landscape bulb out areas between the parallel parking spaces; (6) Enhance the proposed landscape buffers along site perimeters and unscreened portions of garages. Introduce multiple layers of landscaping at varying heights to mitigate the impact of 06-0041 5mu Page 5 of 6 these structures. All this conditions must be reviewed and approved by Planning Director prior to the issuance of any building permit. 12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: (a) N.W. 71 Street: Construct a new sidewalk, curb and gutter, pavement and modifications to the stormwater drainage system on the north side on N.W. 71 Street adjacent to the project in site in accordance with the required subdivision improvements for the "YMCA CARVER" plat; (b) N.W. 3 Avenue: Construct a new sidewalk, pavement, landscaping and stormwater drainage system for the entire width of N.W. 3 Avenue in accordance with the required subdivision improvements for the "YMCA CARVER" plat. 13) Within 90 days of the effective date of this Development Order, record a certified copy of the Development Order specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. 06-0041 5mu Page 6 of 6 FUTURE LAND USE MAP z Medium Density Multifamily Residential MEDIUM DENSITY MULTIFAMILY RESIDENTIAL NW 73RD'TER 7 NW 73RD ST NW 72ND ST NW 72ND LN GENERAL COMMERCIAL •UPLFX- RESIDEL- j Q 2 1— In 0 170 340 NW 69TH ST 680 Feet 1 1 1 1 1 1 1 1 1 NW71ST Duplex Resident al Duplex - ResldeNil z NW 72ND TER ADDRESS: 401 NW 71 ST VILLAGE CARVER - MUSP ZONING ATLAS MAP NW 73RD,TER JI NW 73RD ST -ti4 NW 72ND ST NW 72ND LN NW 71 ST 0 170 340 680 Feet 111111111 NW 72ND TER ADDRESS: 401 NW 71 ST VILLAGE CARVER - MUSP erl ns*rVrt! '04 NW 72ND ST 0 170 340 680 Feet 111111111 ADDRESS: 401 NW 71 ST VILLAGE CARVER - MUSP Projects in the Vicinity Village Carver 06-00415mu !If! _ :; !tI! .o, SEW .1111 '� eitirt �. p. Weil ! r wag i 'MP". There is no other project in the vicinity C I T Y 0 F M I A M I PLANNING DEP ARTMEN T DESIGN REVIEW COMMENTS SPECIAL EXCEPTION PERMIT IDR-07-018 VILLAGE CARVER YMCA 401 N.W. 71sT STREET NET DISTRICT: LITTLE HAITI 11.06.2007 The following comments represent the unified vision of the Pre -Application Design Review Committee, which consist of all staff members in the Urban Design and Land Development Divisions. COMMENTS: The following comments are being made in an effort to develop projects to their highest potential and make a significant contribution to improving the quality of our built environment with great architecture and urban design. Architecture • Please provide color samples as well as those of the materials to be used in the balconies. • Add details of the stone pavers proposed for the entrances and pedestrian crosswalks. • The stucco score lines shall be a minimum of 3" wide and 1" deep to emphasize the articulation in the exterior walls. Landscaping • Submit a Tree Mitigation Plan showing the transplanted species. Please try to transplant as many existent plants as possible. • Add trees to the landscape bulb out areas between the parallel parking spaces. • Enhance the landscape buffers along site perimeters and unscreened portions of garages. Introduce multiple layers of landscaping at varying heights in order to mitigate the impact of these structures. This can be achieved by using slender trunk palms in coordination with other lower lying shrubs and bushes. 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. 1 September 6, 2007 0 RECEIVED PLANNING N: DEPARTMENT 21107 SEP I I AF! 7: 35 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: Village Carver Sufficiency Letter — Review # 179 Dear Ms. Medina: Via Fax and US Mail Subsequent to our May 8, 2007 review comments for the subject project, we have received formal responses from Richard Garcia and Associates Inc. (RGA) dated May 10 and September 5, 2007. Photocopies of RGA's responses are attached herewith. 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; and 3. Provide transit information for residents and patrons. The development approval of this site should be conditioned upon these TCMs and providing convenient and secure spaces for bicycles. At this time, we conclude that the revised traffic report along with the subsequent submittals meet all the traffic requirements and the report is found to be sufficient. Should you have any questions, please call me at 954.739.1881. Sincerely, UR Cor- or. io outhern Raj '. hanmug m, ` E. Senior Traffic Engineer Attachment Cc: Mr. Antonio E. Perez, Planner 1l, City of Miami Planning (Fax - 305.416.1443) Mr. Richard Garcia, P.E., RGA. (Fax - 305.595.7505) URS Corporation Lakeshore Complex 5100 NW 33rd Avenue, Suite 150 Fort Lauderdale, FL 33309-6375 Tel: 954.739.1881 Fax: 954.739.1789 CITY OF MIAMI, FLORIDA TO : INTEROFFICE MEMORANDUM LfOIrPgy l" Ana Gela e anc ez Director Planning Department If\V"&-b Stephanie N. Grindell, P.E. FROM Director Public Works Department DATE: SUBJECT: REFERENCES: ENCLOSURES: May 3, 2007 FILE Large Scale Development Review - Village Carver The Public Works Department has reviewed the Large Scale Development plans for the development entitled Village Carver located at 401 NW 71 Street and has the following comments. 1. Platting of the property must be completed in order to obtain building permits. 2. The easterly side of the Phase III building and parking garage is not permitted to encroach into the required 55 foot radius fire and emergency access easement cul-de-sac located on the west side of the southerly end of N.W. 3 Avenue. Please see the proposed final plat of "YMCA CARVER" prepared by Schwebke-Shiskin and Associates, Inc. There is insufficient maneuvering area provided for trucks to access the Phase III loading stalls. 4. All stormwater must be retained on site including the driveways and plazas on private property adjacent to the public streets. All plazas and driveways must be graded or trench drains provided to prevent "sheet flow" from entering the right-of-way. If deep drainage wells are selected for stormwater disposal, they must be located on -site in an open area to accommodate future maintenance access. 5. 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. 6. 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. 7. 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. 8. 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 parking area for workers and, if necessary, a shuttle service to the work site. The parking/shuttle plan shall be coordinated with the local City of Miami NET Service Center. i Ana Gelabert-Sanchez Director May 3, 2007 Page /, of 2 9. Continuous pedestrian sidewalk is required within the public right of way abutting the project site without requiring pedestrians to enter private property. All greenspace and landscaping required by the Zoning Ordinance must be accommodated on private property. Greespace and landscaping within the public right of way cannot be included in the calculations for meeting greenspace zoning requirements. 10. Stafndard City of Miami driveway entrances, in compliance with A.D.A. standards, shall be required. Continuous sidewalk is required across the driveway entrances. 11. 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. Fdir information on a DEP permit application, please contact the Public Works Department at (.305) 416-1200 or www.dep.state.fl.us./water/stormwater/npdes. In addition td these comments, the Public Works Department will require the following street improvements: N.W, 7.1 Street: Construct new sidewalk, curb and gutter, pavement and modifications to the stormwater drainage systeth on the north side of N.W. 71 Street adjacent to the project site in accordance with the required subdivision improvements for the "YMCA CARVER" plat. 'N.W. 3 Avenue: Construct new sidewalk, pavement, landscaping and stormwater drainage system for the entire width of N.W. 3 Avenue in accordance with the required subdivision improvements for the "YMCA CARVER" plat. 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 HeImers, Professional Engineer IV, at extension 1221. SNG �go wjj c: Biscayne Housing Group The Carlisle Group 2950 S.W. 27 Street, Suite 200 Miami, FL 33133 bc: Development and Roadway Section Central Stephanie N. Grindell, Director, Public Works Department Roberto Lavernia, Chief of Land Development, Planning Department Manuel Vega, Zoning Department CI T Y OF MIA MI P L ANNING DEPARTMENT URBAN DEVELOPMENT REVIEW BOARD(UDRB) RESOLUTION FOR RECOMMENDATION UDRB MEETING 1 0/ 1 7/ 0 7 Item No. I: A motion was made by Ernesto Santos and seconded by Rudolph Moreno for a resolution recommending to the director of the Department of Planning approval with conditions for a Major Use Special Permit for the project Village Carver YMCA located at 401 NW 71" Street with a vote of 3 to 0. Vote List: Yes No Recused Absent Todd B. Tragash, chairman Ei 0 ❑ ❑ Julio Diaz, vice chin 0 1 ❑ 21 Robert Behar ■ 0 0 rE Willy Bermello 0 0 0 Robin Bosco 0 0 ■ Ei Marina Khoury 0 0 0 ►14 Rudolph Moreno ® 0 0 ❑ Ernesto Santos ►:e ■ 0 0 ■ 0 0 0 Conditions: • Complete and submit a tree survey and landscape plan to staff for review as directed in staffs comments. • Add shade trees along NW 71" Street. • Provide a dense multi -layered landscape buffer around the perimeter of the site. • Create a central greenspace in the middle of the project. The entrance off 71" Street should be removed beyond the U-shaped internal parking driveway to create an internal circular drive with parking and creating a central greenspace. • Please allow vehicular sight triangles entering and exiting the parking garages due to the wing walls projecting out to the internal driveways. • Provide landscape planters with appropriate trees and shrubs on the parking garage deck as per required for at grade parking lots. abert-Sanchez, Director Alexander Adams, UDRB Officer Fl A1..1 114 i ER..AI IC.NA, AIRPCla Commercial Airpnrl: .. ; i Ib n,S:iUnaI A:-:•. . Ccrteral Aviation Airports: D..dr•Gt r..'Itit; '&i•.r• '°on rt , ...-xeculive C, '•Icka West Ms. Isabel Abreu Corwil Architects, Inc. 1320 S. Dixie Highway Coral Gables, Florida 33146 April 30, 2007 v"v ADDRESS Miami Dade Aviation Department P.O. Box 025504 Miami, FL 33102-5504 T 305-876-7000 F 305-876-0948 www.rniami-airport.com nhlamiciade.gov RE: Airspace and Land Use Analysis for Village Carver, located at 401 NW 71st Street, Miami, FL, Folio Numbers: 01-3112-000-0390, 0710 and 0720 Dear Ms. Abreu: The Miami -Dade Aviation Department (MDAD) has reviewed the above referenced project for an airspace and land use analysis. Airspace Review: The Miami -Dade Aviation Department (MDAD) is in receipt of your submittal for an airspace analysis and determination letter for the above referenced project. Please note that based on our cursory review of the project information provided to us, an assumed project height of 120 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. Accordingly, we are returning the voided check, number 1022 (attached) in the amount of $1,700.00 from YMCA Village Carver I, LLC to your attention. Please note that any future changes in building locations/layouts or heights meeting or exceeding an elevation of 200 ft. AMSL 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. 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. AIternatively, the construction contractor may "e-tile" online at https://oeaaa.faa.gov Ms. Isabel Abreu April 30, 2007 Page 2 Please note that the airspace review process is governed by two different regulations: the Miami -Dade County Height Zoning Ordinances and Federal Regulation Title 14 Part 77. The FAA has its own airspace evaluation requirements, and issues airspace determinations for structures and cranes based on the particular facts then presented before the FAA. The County's Department of Planning and Zoning (P&Z) or the applicable municipal building official determines whether the County's zoning requirements and height limitations are met, and FAA determines whether FAA building, marking and height requirements are met. Land Use Review: Based on the available information, the site is clear of any land use restrictions for the Miami -Dade Aviation Department's System of Airports. 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. Respectfully, Jos A. Samos, R.A. Chief of Aviation Planning Section Enclosure: Voided Check # 1022 JR/ah/er cc: S. Harman A. Herrera N. Mata Subrata Basu, Department of Planning and Zoning Ana Gelabert-Sanchez, City of Miami Lourdes Slazyk, City of Miami Roberto Lavernia, City of Miami Antonio E. Perez, City of Miami File Airspace SCHOOL IMPACT REVIEW ANALYSIS May 9, 2008 FOR INFORMATIONAL PURPOSES ONLY, THIS APPLICATION HAS BEEN PROCESSED UNDER THE 2003 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING (ILA). THE REVIEW REQUIREMENTS OF THE ILA ARE NOT TRIGGERED SINCE THE APPLICANT IS NOT REQUESTING ADDITIONAL RESIDENTIAL DENSITY OVER WHAT IS CURRENTLY ALLOWED IN THE PROPERTY'S ZONING CLASSIFICATION. IN ADDITION, THE SCHOOLS THAT WOULD SERVE THE PROPOSED DEVELOPMENT ARE UNDER THE 115% THRESHOLD CAPACITY. HOWEVER, THE APPLICATION MAY BE SUBJECT TO SCHOOL CONCURRENCY REQUIREMENTS IN THE FUTURE. APPLICATION: REQUEST: ACRES: LOCATION: MSA/ MULTIPLIER: NUMBER OF UNITS: ESTIMATED STUDENT POPULATION: ELEMENTARY: MIDDLE: SENIOR HIGH: Village Carver Major Use Special Permit and Special Exemption +6.65 net acres 401 NW 71 Street, Miami 4.1 / .23 Multifamily 309 71 34 16 21 SCHOOLS SERVING AREA OF APPLICATION ELEMENTARY: MIDDLE: SENIOR HIGH: Little River Elementary — 514 NW 77 Street Horace Mann Middle — 8950 NW 2 Avenue Miami Edison Senior High — 6161 NW 5 Ct. 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: Little River Elementary Horace Mann Middle Miami Edison Senior High % UTILIZATION NUMBER OF % UTILIZATION FISH FISH DESIGN FISH DESIGN PORTABLE DESIGN CAPACITY STUDENT CAPACITY CAPACITY STUDENT PERMANENT AND POPULATION PERMANENT PERMANENT STATIONS RELCOATABLE 566 600 * 808 824 * 1,147 1,168 * 656 1,399 1,696 86% 91% 58% 59% 68% 69% 44 0 0 *Student population increase as a result of the proposed development 81% 86% 58% 59% 68% 69% 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, 2007-11, dated September 2007) Projects in Planning, Design or Construction School Status N/A Proposed Relief Schools School N/A Projected Occupancy Date Funding year OPERATING COSTS: Accounting to Financial Affairs, the average cost for K-12 grade students amounts to $6,549 per student. The total annual operating cost for additional students residing in this development, if approved, would total $464,979. CAPITAL COSTS: Based on the State's May 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: 06-00415mu Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE VILLAGE CARVER PROJECT, TO BE LOCATED AT APPROXIMATELY 401 NORTHWEST 71ST STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 113 FEET AND 8 INCHES, 11-STORY HIGH RESIDENTIAL -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 309 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; AND APPROXIMATELY 391 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR"); MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 30, 2007 N. Patrick Range, Esquire, on behalf of Village Carver Phase I, LLC, Lessee and YMCA of Greater Miami, Inc. (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for the - (06-00415mu) (referred to as "PROJECT") pursuant to Articles 13, and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 401 NW 71st Street, Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and WHEREAS, development of the Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on May 16, 2007 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on October 17, 2007, to consider the proposed project and recommended approval; and WHEREAS, the Miami Zoning Board, at its meeting on June 9, 2008, Item No. Z.7, following an advertised public hearing, adopted Resolution No. ZB - by a vote of five to zero (5-0) vote, recommending approval of an Special Exception to allow the construction of Multifamily Residential structures classification as set forth; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 18, 2008 Item No. 8, following an advertised public hearing, adopted Resolution No. PAB *-* by a vote of --- to --- (* *), recommending ---- as presented in the Major Use Special Permit Development Order as hereinafter set forth; 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; City of Miami Page 1 of 9 Printed On: 6/10/2008 File Number: 06-00415mu 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 401 NW 71 Street, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of three multifamily building structures with a total of 309 units, approximately 229,948 square feet of floor area and 391 off street parking spaces. The tallest of the three structures will have a maximum height of 113 feet 8 inches N.G.V.D at top of roof slab. 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-2 (Liberal Commercial) District 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 I) Site and Urban Planning: APPLICABILITY COMPLIANCE (1) Respond to the physical contextual environment taking into consideration urban form and natural features;; Yes Yes (2) Siting should minimize the impact of automobile parking and driveways on the pedestrian environment and adjacent properties;; Yes Yes (3) Buildings on corner lots should be oriented to the corner and public street fronts N/A II) Architecture and Landscape Architecture: APPLICABILITY COMPLIANCE (1) A project shall be designed to comply with all applicable landscape ordinances; Yes Yes* (2) Respond to the neighborhood context; Yes Yes (3) Create a transition in bulk and scale; Yes Yes (4) Use architectural styles and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; Yes Yes City of Miami Page 2 of 9 Printed On: 6/10/2008 File Number: 06-00415mu (5) Articulate the building facade vertically and horizontally in intervals that conform to the existing structures in the vicinity. Yes Yes III) Pedestrian Oriented Development: APPLICABILITY COMPLIANCE (1) Promote pedestrian interaction; Yes Yes (2) Design facades that respond primarily to the human scale; Yes Yes (3) Provide active, not blank facades. Where blank walls are unavoidable, they should receive design treatment. Yes Yes IV) Streetscape and Open Space: APPLICABILITY COMPLIANCE (1) Provide usable open space that allows for convenient and visible pedestrian access from the public sidewalk; Yes Yes (2) Landscaping, including plant material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. Yes Yes* V) Vehicular Access and Parking: APPLICABILITY COMPLIANCE (1) Design for pedestrian and vehicular safety to minimize conflict points; Yes Yes (2) Minimize the number and width of driveways and curb cuts; Yes Yes (3) Parking adjacent to a street front should be minimized and where possible should be located behind the building; N/A (4) Use surface parking areas as district buffer. N/A VI) Screening: APPLICABILITY COMPLIANCE (1) Provide landscaping that screen undesirable elements, such as surface parking lots, and that enhances space and architecture; Yes Yes* (2) Building sites should locate service elements like trash dumpster, loading docks, and mechanical equipment away from street front where possible. When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front they should be situated and screened from view to street and adjacent properties; Yes Yes (3) Screen parking garage structures with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. Yes Yes VII) Signage and Lighting: APPLICABILITY COMPLIANCE (1) Design signage appropriate for the scale and character of the project and immediate neighborhood; N/A (2) Provide lighting as a design feature to the building facade, on and around landscape areas, special City of Miami Page 3 of 9 Printed On: 6/10/2008 File Number: 06-00415mu building or site features, and/or signage; N/A (3) Orient outside lighting to minimize glare to adjacent properties; N/A (4) Provide visible signage identifying building addresses at the entrance(s) as a functional and aesthetic consideration. N/A VIII) Preservation of Natural Features: APPLICABILITY COMPLIANCE (1) Preserve existing vegetation and/or geological features whenever possible. Yes Yes IX) Modification of Nonconformities: APPLICABILITY COMPLIANCE (1) For modifications of nonconforming structures, no increase in the degree of nonconformity shall be allowed; N/A (2) Modifications that conform to current regulations shall be designed to conform to the scale and context of the nonconforming structure. N/A *Compliance is subject to conditions. These findings have been made by the City Commission to approve this project with conditions. d. The PROJECT is expected to cost approximately $ 141,179,540, and to employ approximately 132 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 12 permanent new jobs (FTE) for building operations and will generate approximately $ 671,310 annually in tax revenues to the City (2009 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 May 30, 2007, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally City of Miami Page 4 of 9 Printed On: 6/10/2008 File Number: 06-00415mu 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 commencement and operative date. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} DEVELOPMENT ORDER Let it be known that pursuant to Articles 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for Village Carver (hereinafter referred to as the "PROJECT") to be located at approximately 401 Northwest 71 Street, Miami, Florida (see legal description on "Exhibit A", attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions approves the Major Use Special Permit and issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a Multifamily Residential project to be located at approximately 401 Northwest 71st Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 7.80± acres and a net lot area of approximately 6.65± acres of land (more specifically described on "Exhibit A", incorporated herein by reference). The remainder of the PROJECT's Data Sheet is City of Miami Page 5 of 9 Printed On: 6/10/2008 File Number: 06-00415mu attached and incorporated as "Exhibit B. The proposed PROJECT Multifamily Residential project comprised of three (3) separated building structures with 309 units, approximately 229,948 square feet of floor area and 391 off street parking spaces. The tallest of the three structures will have a maximum height of 113 feet 8 inches N.G.V.D at top of roof slab. The Major Use Special Permit encompasses the following Special Permits and Requests: SPECIAL EXCEPTION, as per Article 4, Section 401, under Conditional Principal Uses of C-2 Liberal Commercial (12), to allow the construction of Multifamily Residential Structures of a density equal to R-3 or higher, in this case R-4; subject to all applicable criteria; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908.2, to allow driveways of width greater than 25. 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 of parking stall dimension where the side of these stalls abuts a column. The minimum stall width dimension of 8'-6" will be measured from the face of the column to the center line of the stall stripping lines; 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, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremony; CLASS I SPECIAL PERMIT as per ARTICLE 9. Section 916.2.1, to allow parking for temporary special event such as groundbreaking ceremonies; CLASS I SPECIAL PERMIT, as per ARTICLE 9. Section, to allow temporary off-street offsite parking, for construction crews working on a residential project under construction, within R-4 or more permissive zoning district; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers. CLASS I SPECIAL PERMIT, as per ARTICLE 10. Section 10, Section 10.5.4 Sub -Section 10.5.4.4. C-2 Liberal Commercial, Temporary Signs (3), to allow temporary development signs; REQUEST as per Article 25, Section 2502 Definition, to be qualified as a phased project by the Director of the Planning Department as established in Article 17, Section 1701 (11). 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; City of Miami Page 6 of 9 Printed On: 6/10/2008 File Number: 06-00415mu REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required at the time of issuance of Shell Permit instead of at issuance of Foundation Permit: The requirement to record in the Public Records a Declaration of Covenants and/or Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner and/or a mandatory property owner association; And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title. Pursuant to Articles 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Corwil Architects, Inc., signed and dated February 6, 2008; 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-2 (Liberal Commercial) zoning classification, 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 FOLLOWI NG: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANTS coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a City of Miami Page 7 of 9 Printed On: 6/10/2008 File Number: 06-00415mu shell permit. 5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for Development Approval, with the understanding that the APPLICANT must use its best efforts to follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide. 6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. 7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP permit resolution and development order, and further, an executed, record able unity of title or covenant in lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's Office. 8) Provide the Planning Department with a temporary construction plan that includes the following: a temporary construction parking plan, with an enforcement policy; a construction noise management plan with an enforcement policy; and a maintenance plan for the temporary construction site; said plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this Major Use Special Permit. 9) In so far as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and detailed requirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order or captioned in the plans approved by it. 10) If the project is to be developed in phases, the Applicant shall submit an interim plan , including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director. 11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions: ((a) Provide materials and color samples to be used in the proposed balconies; (b) Provide details of the stone pavers at the entrances and pedestrian crosswalks; (c) The stucco scoring shall be a minimum of 3" wide and 1" deep in order to emphasize the articulation in the exterior walls; (d) Provide a Tree Mitigation Plan showing the transplanted species; (e) Provide trees to the landscape bulb out areas between the parallel parking spaces; (f) Enhance the proposed landscape buffers along site perimeters and unscreened portions of garages. Introduce multiple layers of landscaping at varying heights to mitigate the impact of these structures. All this conditions must be reviewed and approved by Planning Director prior to the issuance of any building permit. 12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: (a) N.W. 71 Street: Construct a new sidewalk, curb and City of Miami Page 8 of 9 Printed On: 6/10/2008 File Number: 06-00415mu gutter, pavement and modifications to the stormwater drainage system on the north side on N .W. 71 Street adjacent to the project in site in accordance with the required subdivision improvements for the "YMCA CARVER" plat; (b) N.W. 3 Avenue: Construct a new sidewalk, pavement, landscaping and stormwater drainage system for the entire width of N.W. 3 Avenue in accordance with the required subdivision improvements for the "YMCA CARVER" plat. 13) Within 90 days of the effective date of this Development Order, record a certified copy of the Development Order specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. THE CITY SHALL: Establish the operative date of this Permit as being thirty (30) days from the date of its issuance; the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the provisions of the Permit. CONCLUSIONS OF LAW The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations and further, pursuant to Section 1703 of the Zoning Ordinance: (1) the PROJECT will have a favorable impact on the economy of the City; and (2) the PROJECT will efficiently use public transportation facilities; and (3) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) the PROJECT will efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. par APPROVED AS TO FORM AND CORRECTNESS: JULY O. BRU CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 9 of 9 Printed On: 6/10/2008 E. tit "A" LEGAL DESCRIPTION ANDS DESCREED IN &FIC1AL 1uhoRc s HOOK 13130, PAGE S61A, ML'AU-0ACE COUNTY, RECORDS PANcity 1: �1 RGING AT A P »jT ON THE i E Of THE SOUTHWEST 1$ � 1 �RANOE 41CORNEA Cif niEUh TY. • ' • . AT DIST ' AS MP SS ST 1M • M � 1 Z EASTLLE. 1320 FtET EAST OF TI LINE OF THE • T OF SAID -EC • 1 i PARALL$ MD 3S FEkT TO THE POINT OF 6E NNIPO TWICE • NORTH P 2. FOR A DISTAN OF TH VVES f LINE THE 1/4 OF SI1D THE= 4 • 12 FOR ! AN }� 1 550.83 FEET ro -0ALQNSY t 714€pE • yam• v : BRANCH OF 4 p p1 OF FLORIDA THE SOUT SOUTHERLY • -Of-WAY LIE THE • r COAST RAILWAY FORA ANCE 270.ae FEsf 1 OF THE LIME OF THE TE TO /1 ' YN#C H IS ALONG 0 A UNE P*JtALLEL To Mk,1080.3E FEE'r 1 EM SEUNE OF CTION �12; T 14 OF SND A SE�"T10'N 12 FORA ANCE OF 5511 OF SECTION 12; .2E TOPON T; 5 �1 UNE OF THE FI POINT EOM MEET.`NORTH OF THE 1OF1 + • WES,f;PAR,'1LLEL TO AND36FEET E ��I SECTION SAID CE OF Za0FETT TO THE row or EGU ,y, No�*rr►, Fonio )(EP1NC A PMCia. OF LAND IN jHE MMA 'ADE COUNTY, rXOTllp/L 'r Um OF 1 CNIBENASP;S SOUTH. RANGE 41 EAST, hARTKXRlIFjLY BED AS .1.'.OWg: ` 4CE AT A POINT ON THE SOUTH LINE OF THE SOUTHWEST 1N IND 12, ATA 12; j10E F 113 0FEET NORTH EPAST O HSOUTHWEST CORNER OF THE 1/4 OF SAD SECDON OF 3ECf10N it TrSAME B TE AND 1320 FEET EAST )F THE WE r LINE • TitSOUTHfpESTmeisco. 1M gI THE EAST UNE Of 7T�ACi B AHD . 1T3, R SUBSTATION PROPER AS RECORDED IN PLAT BOOK 5a,. T PAGE 41, OF THE BEPUBUC �p OFCOUNTY. FLORID FORA DISTANCE OF ToTHE POINT OF rHENCE COURSE. BEINGSAME BD EAST tpAnaOF TRACT El ,kLONG THE LAST RIVER SUBSTATION y FOR 260 A THE 0F. LITTLE OF THE CIE FEET TO THE , • j Ri [AST A WAY ECH osEE OF THE FLORIDA EAST COAST RAILWAY; la• HUN EAST ALONG . SAID SC ()THM3HLY OF-OFOF THE R yL1MAY FOR A DISTANCE '• 2f0.96 FEET 70 A P OIN WHK>1 11.1093.56 FEET WEST OF THE UNE OF THE SOUTHWEST OF THE SECTION 12: ervT DIcE � ALONG A LANE TO AND 1l G3 5E FEET WEST OF THE T 114 OF SAKI. SECTION 12 A DISTANCE OF 260 FEET TO A Fi't'44NT; L OFse THE CMG A PARALL.Et. TO M D 200 FEET OF THE Om SOUTHERLY RIGHT--OF-W Y UNE of THE RNLINAYy, FOR A DISTANCE OF 270.48 ET TO THE PoaVT OF BEGINNING, PARC t. 3: COMMEIIIKNIO AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1M OF toTION 12, TOYy MP 53 SOUTH, MANGE 41 EAST. M IAM{-0ADE GOWN, FLOH ICIA: THENCE WEST THEETTHWEST 14 OF SAID SECTION 12 FORA DISTANCE OF B50 FEET 7147 9 HEN T P WITH AND a50 FEET WEST OF THE EAST LINE OF THE OF 'THENCE NORT2I FOR DISTANCE OF 35 P �7 ARLSND SECTIDN 12 � FEET TO THE HT OF BECiM'1MNL}, THENCE NORT};I AR�Q wrnH AND 650, FEET WEST OF THE EAST LINE OF DIE SOUTHWEST N OF SAID SECTION 13 OR A DISTANCE OF 563,71 FEET ,TO THE SOURHERL RIGHT,OF-WAY UNE OF TI E OKEECHOBEE BRAN.. OF THE FLORIDA EAST coAsr RAILWAY;THE1 WEST ALONG THE SOUTHERLY RIGHT.OF.WAY LF OF THE OIEECHOBEE SOUTH P BRANDI�F THE FLORIDA. EAST COAST RALWAY FOR A DISTANCE OF EET TO A PONT: 'THENCE �IRALLEL TO EAST UNE OF THE SOUTHWEST 1N OF SAID > I,r 12 FORA DISTANCE OF 5523a.T TO A POINT. BOMNO 36 FEET NORTH OF THE SOUTH i 114 OF SAID SECTION 12; EAST PARALLEL TO THE SOUTH LINE OF THE OF THE SOUTHWEST SECTION 12 FOR A DISTANCE OF 243.68 FEET TO THE POINT OF 0 IN OF SAIb MLAMM-DADE COUNTY. FLORIDA. BEOMMNHO. LYNO AND BE11i0 TOGETHER WITH LANDS DESCRIBED HN OFFIDAL RECORDS BOON( Den,PAGE E64. M 1AMI_AMDE COUNTY PUBLIC T3'. PARCEL COMMCNCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 12. TOWNSHIP 53 SOUTH RANGE 41 EAGT, MINA-DADE COUNTY. FLORID A; THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHWEST 1M OF SECTION 12, FOR A DISTANCE OF 700 FEET TO A POINT; THENCE NORTH PARALiEL ;WTTH AND 7TI0 FEET WEST OF THE EAST UNE OF THE SOUTHWEST iN OF SMD SE-CTION 12. FOR A DISTANCE OF S5 FEET TO THE POINT OF BEGINNING; THENCE NORTH PARALLEL WITH AND 700 FEET WEST OF THE EAST UNE OF THE SOUTHWEST 1/4 OF SAID SECTION 12. FOR A DISTANCE OF 554.61 FEET MEASURED (550 FEET MORE OR LESS. DEED) TO THE SOUTH LUTE OF THE RIGHT-OF-WAY OF THE UWE OFF SAID R 1T'0-WAY A DISTANCECOAST FLORIDA EAST RA/LWAY: THENCE OF 150 FEETTHENCE SOUTH P WESTERLY ALONTO THE G THEAST i THE SOUTHWEST 1M OF SAID SECTION 12, FOR A DISTANCE OF 553.71 FEET MEASURED (S50 FEET OR LESS. DEED) TO A POINT, SAE) POINT BEING 36 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 12; THENCE EAST PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF • IN SECTION 12, FOR A DISTANCE OF 150 FEET TO THE POINT OF BEGINNING. LYING AND BEING IN MNAMI-DyADE COUNTY, FLORIOA "Exhibit'B" PROJECT DATA 1• ZONING 1.A EXISTING ZONING: C-2 2. SITE AREA (SEE DIAGRAM A-1.OA) 2A NET LAND AREA: 2,6 GROSS LAND AREA 3. DENSITY: 3A 150 UNITS I ACRE = 289,828.30 S.F. (8.65 ACRES) 339.714 S.F. (7.80 ACRES) MAX. ALLOWED 997 UNITS {MAX.) 4. MINIMUM SETBACKS (SEE SITE PLAN) ALLOWED 1 REQUIRED 3A FRONT 47-0• 3.6 SIDE O-0' 3.0 REAR lip p 5. HEIGHT (SEE ELEVATIONS) S. F.A.R. 1.72 (GROSS AREA) 1.72 X 339.714 S.F.. 584,309 S.F. MAX. ALLOWED 120'0 ALLOWED 584,309 S.F. PROPOSED C-2 PROPOSED 309 UNITS (MUSP 6 Spacial Exception for Multifamily MC-2) PROPOSED 7-10' t6'-0" 15-0' PROPOSED 107-0' • (11 STORIES MAX.) REFER TO ELEVATIONS FOR A.G.L. & N.G.V,D. PROPOSED 229,948 S.F. FLOOR AREA RATIO BREAKDOWN BA PHASEI GROUND FLOOR - 9,905 S.F. 2ND - 8th FLOOR .57,581 S.F. L8,223 S.F. x 7 FLOORS 71,844. S.F. 9TH FLOOR 4,378 S.F. 8.8 PHASE II GROUND FLOOR 9,905 S.F. r2nd - 71h FLOOR 49,338 S.F. 8,223 S.F. x 6 FLOORS 63,621 S.F. 9th FLOOR 4,378 S.F. B.0 PHASE HI GROUND FLOOR 4,713 S.F. r-2nd - 10th FLOOR 81,682 S.F. 9,096 S.F. x 9 FLOORS 94.483 S.F. 11th FLOOR 7,888 S,F, 7. BUILDING FOOTPRINT (SEE DIAGRAM A-1.OA) 8: 80% (GROSS LOT AREA) 60% OF 339.714 S.F. BUILDING FOOTPRINT BREAKDOWN (SEE DIAGRAM A-1.0A) PHASE I. PHASE II PHASE III ALLOWED PROPOSED 203,828 S.F. (MAX.) 112,170 S.F. LANDSCAPE AREA( SEE DIAGRAM A-1.OA) 10% (NET AREA) 10% OF 339,714 S.F.. 33,971 S.F. (MIN) 9, PARKING CALCULATIONS 9A PHASE{ -1BEDROOMIIBATH 112 UNIT X 1.o 112 SPACES 9.B PHASE H 16EDROOM/1BATH 99 UNIT X 1.0= 99 SPACES 9.0 PHASE III -1 EEDROOpOOqWW 1 BA2BATTT�H� 48 U40 �NIITS X 1.0 4.44p8 SPACES 1 SPS -3 BEZROOW MATH i6UNITS X 2.0 = 20 SPAS 9.D VISITORS: 10% X 308 (INCLUDED IN TOTAL ' TOTAL: g,E ACCESSIBLE PARKING SPACES (INCLUDED IN TOTAL) ' 9.F, LOADING 12'%35'X15' BERTH } REQUIRED 33,971 S.F. (MIN.) REQUIRED 112 99 148 31 33,716 S.F. 33.718 S.F. 44,735 S.F. PROPOSED 84,271 S.F. PROVIDED 390 SPACES 391 SPACES 17 4 BERTHS 8 BERTHS 17x35'each CITY OF MIAMI HEAT !BOARD P )REVIEW Haring Boards • Dal z//'// ,. r • Dam S• two stew ..as not Imply approval