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
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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
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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
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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
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r
• Dam
S• two stew ..as not Imply approval