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MAJOR USE SPECIAL PERMIT
for
NIRVANA
located at approximately
680 NE 64 Street
LEGISTAR FILE ID: 06-00427mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Nirvana project (MU-2005-038), located at ap-
proximately 680 NE 64 Street, Miami, Florida, has been reviewed to allow a Major Use
Special Permit per Articles 13 and 17, to be compromised of eight (8) total buildings,
having three (3) new and five (5) existing buildings to remain ranging in height from ap-
proximately 59 feet, 4 inches to 93 feet, 10 inches, and from a 5-story residential struc-
ture to an 8-story high mixed use structure to consist of approximately 538 total multi-
family residential units with recreational amenities; approximately 9,278 square feet of
retail space; and approximately 749 total parking spaces.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MUSP, as per Article 17, Section 1701 (1), for development of 163 new residential
units;
MUSP, as per Article 17, Section 1701 (11), for development of 130 existing residen-
tial units built after June 27, 1983;
MUSP, as per Article 17, Section 1701 (7), for development of 749 total parking
spaces including 511 existing parking spaces to remain.
Per City Code, Chapter 36-6, request for waiver of noise ordinance for construction
equipment for continuous pours.
This permit also includes the following Special Permits and the additional requests:
CLASS II PERMITS
CLASS II SPECIAL PERMIT, as per Article 6, Section 609.3, for development of
new construction and exterior improvements within the SD-9;
CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary offsite
parking and staging during construction;
CLASS II SPECIAL PERMIT, as per Article 11, Section 1107.1, to allow changes in
offstreet parking and loading which result in the same or a lesser degree of noncon-
formity;
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, to allow access width
from a public street roadway greater than twenty-five feet (25').
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.9, to allow development
in waterfront yards;
CLASS II SPECIAL PERMIT, as per Article 9, Section 922.4(c), to allow maneuver-
ing of trucks on public rights -of -ways;
CLASS II SPECIAL PERMIT, as per Article 10, Section 10.6.3.9, for signage ap-
proval;
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CLASS II SPECIAL PERMIT, as per Article 9, Section 923.2 request to reduce 4 out
of the 5 required loading berths from 12' x 35' x 15' to 10' x 20' x 15'.
CLASS I PERMITS
CLASS I SPECIAL PERMIT, as per, Article 9, Section 906.9, to allow for a special
event namely a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per, Article 9, Section 918.2, for temporary off-street
offsite parking for construction crews.
REQUEST for applicable Major Use Special Permit following conditions to be required at
the time of issuance of Shell Permit instead of at issuance of Foundation Permit;
a. The requirement to record in the Public Records 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 prop-
erty owner association.
b. And the requirement to record in the Public Records a Unity of Title or a cove-
nant 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.
In determining the appropriateness of the proposed project, the Planning
Department has referred this project to the Large Scale Development Committee
(LSDC) and the Planning Internal Design Review Committee for additional input
and recommendations; the following findings have been made:
• It is found that the proposed development project will benefit the area by creating
additional residential opportunities in the Upper East Side NET District, located at
the southwest corner of NE 64 Street and Biscayne Boulevard.
• It is found that the subject property is located in the "Banyan Bay Apartments", Hurst
& Pieratt" and "Fallesen Park" plats within the Legion Park neighborhood of the City.
• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the property is R-3 (Multifamily Medium -Density
Residential) 10.81± net acres and C-1 (Restricted Commercial) 0.74± net acres.
• It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Miami, Florida, the existing Future Land Use category for the property is "Medium
Density Multifamily Residential" and "Restricted Commercial".
• 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.
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• It is found that the proposed residential density of the project on the 0.74± net acre
C-1 portion of the site of 59 units (80 units per acre) is below the maximum density
of 111 units. On the 10.81± net acre R-3 portion of the site, there is a maximum
density of 702 units at 65 units per acre. There are an existing 375 units on the site
leaving an available 327 units. Of that 327, the proposed number of units (104) will
bring the total unit count to 479 or 44 units per acre.
• It is found that the allowable floor area on the 1.14± gross lot acre C-1 portion of the
site is 85,408 square feet (1.72 FAR), and on the 15.44± gross lot acre R-3 portion
of the site is 504,440 square feet (0.75 FAR). The total allowable combined floor
area without bonuses for the 16.58± gross acre site is 589,848 square feet. The
project is not requesting any bonuses and has an existing FAR of 390,349 square
feet. With the proposed 192,983 square feet, the total proposed FAR is 583,332
square feet with a surplus of 6,516 square feet.
• It is found that three new buildings are delineated as such: Biscayne Boulevard
Building, 63rd Street Building, and 64th Street Building. The Biscayne Boulevard
Building is an 8-story, 94-foot mixed use building with 9,278 square feet of retail
space and 59 residential units. The 63rd Street Building is a 5-story, 59-foot building
with 60 residential units, and the 64th Street Building is a 5-story, 60-foot building
with 44 residential units.
• It is found that the project is expected to cost approximately $95,647,465, and to
employ approximately 212 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 12 permanent new jobs
(FTE) and will generate approximately $464,782 annually in tax revenues to the City
(2005 dollars).
• It is found that on May 16, 2005, the Miami -Dade Aviation Department provided a
Height Analysis review of the proposed project and found that it conforms to the
Miami -Dade County Height Zoning Ordinances at that location. The proposed
building height does not require the applicant to file with the Federal Aviation
Administration (FAA) Form 7460-1, "Notice of Proposed Construction Alteration for
Determination of Known Hazards". In addition, construction cranes for this project
exceeding 200 feet in height must be filed using the same form.
• It is found that on May 17, 2005, the City of Miami Public Works Department
provided a review of the project and commented that the following street
improvements shall be required: (a) Biscayne Boulevard — Coordinate the
improvements on private property with the Florida Department of Transportation
Biscayne Boulevard Reconstruction Project, Federal ID #250224-1-52-01; (b) NE 63
Street - Replace all broken and damaged sidewalk, curb and gutter on both sides of
the street the entire length of the block. Mill and resurface the entire width, curb to
curb, between Biscayne Boulevard and the dead end; (c) NE 64 Street - Replace all
broken and damaged sidewalk, curb and gutter on both sides of the street the entire
length of the block. Mill and resurface the entire width, curb to curb, between
Biscayne Boulevard and Biscayne Bay.
• It is found that Miami -Dade Public Schools provided a preliminary review of the
proposed project on May 19, 2005. The student population generated by this
development is estimated at 36 students. The schools serving this area of
application are Morningside Elementary (17 students) — 73% Florida Inventory
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School Houses (FISH) Capacity with the proposed project; Miami Edison Middle (9
students) — 74% FISH; and Miami Edison Senior High (10 students) — 80% FISH.
Pursuant to the interlocal agreement, none of the schools meet the review threshold
of 115%. As of January 2005, there were no Proposed Relief School in the area. At
an average of $6,549 per K-12 student, the total annual operating cost for the
additional students residing in this development, if approved, would total $235,764.
Based on the State's June 2005 student station cost factors, capital costs for the
estimated additional students to be generated by the proposed development is
$576,137.
• It is found that the Large Scale Development Committee reviewed the project on
June 7, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on October 19, 2005, which recommended
Approval (LIDRB Reso. 10-19-05-3) with conditions.
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on May 31, 2005, and the following revised pertinent comments were
made on October 28, 2005 after the October 19, 2005 UDRB Meeting: Site 8 Ur-
ban Planning — (a) Parking facing 63rd and 64th Streets at the ground level is unac-
ceptable; (b) The 63rd Street building shall include liner uses facing the street. Con-
sider the same application of liner style units proposed along the northern courtyard
facade. As suggested by the UDRB staff would be amenable to treating all of these
liner units as shown in the rendering A-402 with the addition of alternating 1st floor
entrances/living space and 2nd floor entrances/living space. Liners facing 63rd Street
would have front door entrances off the street and private courtyards. Consider a
lower metal mesh fencing using materials similar to those shown in the renderings
for the courtyard space; (c) The 64th Street building similar to 63rd Street should rep-
licate the liner uses proposed on the interior courtyard to the exterior facing 64th
Street. (See comment above); (d)The two previous comments also address the
UDRB comment to remove the CMB wall around the property and replace with land-
scaping and a transparent fencing. Consider a lower metal mesh fencing using ma-
terials similar to those shown in the renderings for the courtyard space; Architec-
ture — (a) In the Biscayne Boulevard building, please further describe the perforated
panel treatments and colors shown on A1-201 and the differentiation breaking the
two buildings down and the use of color is appreciated; (b) All mechanical equipment
shall be hidden from public view. The Planning Department's review resulted in de-
sign modifications that were then recommended for approval to the Planning Direc-
tor.
• It is found that on November 22, 2005, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #108) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient.
• 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
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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 re-
sponsibility, building development process and review procedures, as well as specific
requirements for fire protection and life safety systems, exiting, vehicular access and
water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of
Solid Waste that the PROJECT has addressed all concerns of the said Department prior
to the obtainment of a shell permit.
5) Comply with the Minority Participation and Employment Plan (including a Con-
tractor/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 man-
datory 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 in-
cludes 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 ap-
proval 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.
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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 devel-
oped or provided, the applicant shall provide the Planning Department with all subordi-
nate Class I Special Permit plans and detailed requirements for final review and ap-
proval 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 de-
velopment order or captioned in the plans approved by it.
10) If the project is to be developed in phases, the Applicant shall submit an in-
terim plan, including a landscape plan, which addresses design details for the land oc-
cupying future phases of this Project in the event that the future phases are not devel-
oped, 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) The 63rd Street Building shall include
liner uses facing the street as ground level parking facing NE 63rd Street is unaccept-
able. The same application of liner style units proposed along the northern courtyard
facade shall be used; (b) The 64th Street Building shall include liner uses facing the
street as ground level parking facing NE 64th Street is unacceptable. The same applica-
tion of liner style units proposed on the interior courtyard shall be used; (c) The wall
around the property shall be removed and replaced with landscaping and a transparent
fencing; (d) All mechanical equipment shall be hidden from public view.
12) Pursuant to comments by the City of Miami Public Works Department, the
following street improvements shall be required of the applicant: (a) Biscayne Boulevard
— Coordinate the improvements on private property with the Florida Department of
Transportation Biscayne Boulevard Reconstruction Project, Federal ID #250224-1-52-
01; (b) NE 63 Street - Replace all broken and damaged sidewalk, curb and gutter on
both sides of the street the entire length of the block. Mill and resurface the entire width,
curb to curb, between Biscayne Boulevard and the dead end; (c) NE 64 Street - Replace
all broken and damaged sidewalk, curb and gutter on both sides of the street the entire
length of the block. Mill and resurface the entire width, curb to curb, between Biscayne
Boulevard and Biscayne Bay.
13) Prior to the issuance of a building permit, the applicant shall submit a letter of
approval of the proposed height from the Miami -Dade County Aviation Department. If no
such approvals are granted, the height of the proposed project shall be reduced to those
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated May 16, 2005.
14) 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.
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