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HomeMy WebLinkAboutStaff Analysis and MapsThis submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Code. The applies de decision -making body NOR rodew the information at the public hearing to render a recommendation or a final decla on. PZ-21-10748 03/22/22 City of Miami Planning Department ANALYSIS FOR SPECIAL APPEARANCE Staff Analysis Report No. PZ-21-10748 Location 3622 SW 22 ST Folio Number 0141160092350 Miami 21 Transect T4-R and T5-O MCNP Designation Low Density Multifamily Residential (36 D.U.) and Medium Density Restricted Commercial (65 D.U.) Commission District D-4 (Commissioner Manolo Reyes) Department of Human Service Neighborhood Service Center District 4 Office Neighborhood Service Center (305) 960-5131 Planner Paula De Carolis, Planner II (mpdcarolis@miamigov.com) Property Owner The Mile Apartments LLC c/o w Multifamily Fund 1 LLC Project Representative Javier F. Avino (javino@bilzin.com) A. REQUEST The Mile Apartments LLC c/o W Multifamily Fund 1 LLC, (the "Applicant"), owner of the development located at 3622 SW 22 St., Miami, Florida (the "Property"), requests a Special Appearance for a release of a Declaration of Restrictive Covenants (the "Covenant") voluntarily proffered and recorded on May 14, 1987 in the Official Records Book 13280, Page 447, of the Public Records of Miami -Dade County, Florida. B. RECOMMENDATION The Planning Department recommends Approval and full release of the Declaration of Restrictive Covenants as presented by the Applicant, based upon the facts and findings in this staff report. Staff Analysis Report No. PZ-21-10748_SA_3622 SW 22 Street — Page 1 3/21/2021 This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Code. The applies de decision -making body NOR rodew the information at the pubdc hearing to render a recommendation or a final decla on. PZ-21-10748 03/22/22 PROPERTY INFORMATION: The Property is legally described as Lots 3, 4 and 5, less the north 35 feet and Lots 28, 29 and 30, less the south 10 feet, in Block 6 of Amended Plat Miami Suburban Acres, according to the plat thereof, as recorded in Plat Book 4, Page 73, of the Public Records of Miami -Dade County, Florida. The zoning classification for this site is T4-R and T5-O, is bounded by two streets; 22 Street to the north and 22 Terrace to the south. The lot is 38,250 square feet and the development on the Property is approximately 146'-0" tall with 120 residential units. Figure 1 — Zoning Designation -Property outlined in blue Staff Analysis Report No. PZ-21-10748_SA_3622 SW 22 Street — Page 2 3/21/2021 This submittal needs to be scheduled for a pubic hearing In accordance whh timelines set forth in the City of Miami Cede. The applies de decision -making body NOR resew the information at the pubdc hearing to render a recommendation or a final decla on. PZ-21-10748 03/22/22 Figure 2 — Aerial of Property -outlined in blue Staff Analysis Report No. PZ-21-10748_SA_3622 SW 22 Street — Page 3 3/21/2021 This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Cede. The applies de decision -making body will rodew the information at the pubc hearing to render a recommendation or a final decla on. PZ-21-10748 03/22/22 C. NEIGHBORHOOD CONTEXT SURROUNDING USES Miami 21 MCNP / Density Existing Use North "T5-O" Urban Center — Open Medium Density Restricted Commercial (65 D.U.) Department Store Retail Outlet South "T3-O" Sub -Urban — Open Duplex Residential (18 D.U.) Single Family (1 unit) and Single Family (2 units) East "T4-R and T5-O" General Urban — Restricted Urban Center- Open Low Density Multifamily Residential (36 D.U.) Medium Density Restricted Commercial (65 D.U.) Restaurant / Cafeteria West "T5-O" Urban Center — Open Medium Density Restricted Commercial (65 D.U.) Hotel / Motel The Property is located in a Mixed -Use Neighborhood which contains residential and commercial retail spaces. The diversity in Transect Zones provide a blend of Uses that seamlessly transition and integrate daily functions, and also allows for a variety of building heights and architectural styles. SW 22 ST, also known as Coral Way, is an urban corridor that connects 2 municipalities and sets the stage for active, lively, and embracing of an urban lifestyle that reinforces Miami's multi -cultural characteristics and complements the unique look created by the existing tree canopy. The boulevard is lined with Banyan trees which serve as the signature element of this corridor. The history of Coral Way dates back to the City Beautiful Movement and played a significant role in the development of Miami. Staff Analysis Report No. PZ-21-10748_SA_3622 SW 22 Street — Page 4 3/21/2021 This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Code. The applies de decision -making body NOR rodew the information at the pubdc hearing to render a recommendation or a final decla on. PZ-21-10748 03/22/22 D. BACKGROUND On February 26, 1987, a change in zoning classification was approved, under Ordinance 9500, by the City Commission pursuant to City Ordinance No. 10230 for the property located at 3621- 3631 SW 22 TER which was legally described as Lots 28,29, and 30 less the south one (1) foot of each, in Block 6 of the Amended Plat Miami Suburban Acres, according to the plat thereof, as recorded in Plat Book 4, Page 73, of the Public Records of Miami Dade County, Florida. On May 14, 1987 the Covenant was recorded in the Official Records Book 13280, Page 447, of the Public Records of Miami -Dade County, Florida for the rezoning of the same Property, except that the south one (1) foot of each of Lots 28, 29, and 30, was excluded from the Declaration. The Covenant contained the following restrictions: A. Building Height Limitation B. Landscape Plan and Buffer C. Vehicular Access Limitation D. Local Park Contribution E. ANALYSIS The Applicant seeks release of the Covenant pursuant to "Paragraph F" which states the Covenant may be released by written instrument executed by the Owner of the Covenant Property, and with the approval by City Commission, after a public hearing. The Applicant, in their letter of intent (LOI) states that through the approval at City Commission of the project as a Major Use Special Permit ("MUSP"), and subsequent issuance of building permits for the construction of the project, the Covenant has been released; and based that the foregoing Declaration is no longer necessary, the Applicant requests its release. After careful consideration and review, Planning Staff has determined that the Covenant is in full force until its release; however, Staff also recognizes that through the approval of the MUSP some of the restrictions became replaced by the development and execution of the MUSP. More specifically, and pursuant to "Restriction A", Building Height Limitation, where the height of buildings located within fifty (50) feet of the south property line of the property along SW 22 TER shall not exceed two (2) stories or thirty-five (35) feet. The Project approved under the MUSP has a liner building measuring approximately fifty-four (54) feet and four (4) inches to the top of the sixth (6th) Floor Slab and the building tower is recessed fifty (50) feet approximately from the south property line along SW 22 TER, per the plans on file. Please refer to Figure 3, 4 and 5. Staff Analysis Report No. PZ-21-10748_SA_3622 SW 22 Street — Page 5 3/21/2021 This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Code. The applies de decision -making body NOR rodew the information at the pubdc hearing to render a recommendation or a final decla on. PZ-21-10748 03/22/22 Moreover, "Restriction B", Landscape Plan and Buffer, states that a twenty (20) feet landscape buffer along the entire south property line was required to contain heavy, visually impenetrable landscaping to obscure the view of the property by adjacent property owners to the extent reasonably possible; alternatively, a twenty (20) feet deep porch was provided along the entire south property fronting SW 22 TER, please refer to Figure 6. Additionally, and pursuant to "Restriction C", Vehicular Access Limitation, states no vehicular access for the egress shall be permitted across the south property line of the property along SW 22 TER. This requirement was superseded by a one-way driveway built to provide ingress through SW 22 ST and egress from SW 22 TER, which internally connects both streets and provide access to the parking of the building, refer to Figure 5. A Local Park Contribution recorded in "Restriction D", is required in the amount of $5,000.00 and shall be paid to the City of Miami prior to the issuance of any building permit for the Property which contribution shall be applied by the City for Park Improvements Trust Funds for Child Care Facilities. The applicant has agreed to cure this restriction prior to the Special Appearance and has issued the City of Miami payment in the amount of $5,000.00 pursuant to invoice number 193065 and reference number 2022012001-72 paid on 01/12/2022 at 9.53 am. Staff Analysis Report No. PZ-21-10748_SA_3622 SW 22 Street — Page 6 3/21/2021 • ilm F.mannroerao , ▪ rtat.ttsslofxrku r ▪ PM HAM A Figure-3: South Elevation PZ-21-10748 03/22/22 (BD1400581 5001 B001) ,1 kin WM NI Rd NOTICE This submittal needs to be' scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®Lie decislon-making body will review the information at the pubc hearing to render a recommended on or a final declo on. �LO, 15,116. r. ,11,14.L eaa• tari Staff Analysis Report No. PZ-21-10748_SA_3622 SW 22 Street — Page 7 3/21/2021 1 • This submittal needs to be' scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decislon-makIng body will review the information at the pubc hearing to render a recommended on or a final deciv on. PZ-21-10748 03/22/22 Figure-4: Elevation (BD14005815001B001) I 1. Staff Analysis Report No. PZ-21-10748_SA_3622 SW 22 Street — Page 8 3/21/2021 NOTICE This submittal needs to be'scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decision -making body will redew the intonation at the pubc hearing to render a recommended on or a final deciv on. PZ-21-10748 03/22/22 Figure-5: Ground Level Floor Plan (BD14005815001B001) Staff Analysis Report No. PZ-21-10748_SA_3622 SW 22 Street - Page 9 3/21/2021 This submittal needs to be' scheduled fora puboc hearing In accordance whh timelines set forth in the City of Miami Code. The appli®de decislon-making body will review the Information at the pubc hearing to render a recommended on or a final deciv on. PZ-21-10748 03/22/22 Figure-6: Landscape Plan (BD14005815001B001) S.W. 22nd STREET (CORAL WAY) EX. TREE TO REMAIN TYP.) VISIBILITY TRIANGLE ROUNDCOV BRED BELOW S8' HT VISIBILITY TRIANGLE S.W. 22nd TERRACE Staff Analysis Report No. PZ-21-10748_SA_3622 SW 22 Street — Page 10 3/21/2021 NOTICE This submittal needs b be scheduled for a puboc hearing In accordance with timelines set forth in the City of Miami Code. The applicade decision -making bodywlll reWew the information at the pubc hearing to render a recommendation or a final decision. PZ-21-10748 03/22/22 F. CONCLUSION The Planning Department recommends Approval of a full release of the Declaration of Restrictive Covenants as the Local Park Contribution of $5,000.00, as recorded in "Restriction D" has been satisfied, and the covenant restrictions have been replaced through the approval of the MUSP. c- Ellis, Jac: ueline Elli Chief Land Development e elin Digitally signed by Ellis, Jacqueline Date: 2022.03.21 13:45:37 -04'00' Attachments: Attachment 1: Declaration of Restrictive Covenants (May 14, 1987) Book 13280 Page 447. Attachment 2: MUSP resolution MUSP-R-06-0131 NOTICE The Final Decision may be appealed by any aggrieved party within fifteen (15) days of the date of the posting of the decision on the City's website. The filing of an appeal, and payment of appropriate fee, may be submitted online at https://www.miamigov.com/Services/Solve-a- Problem/Appeal-a-Warrant-or-a-Waiver. Staff Analysis Report No. PZ-21-10748_SA_3622 SW 22 Street — Page 11 3/21/2021 19�J M III Pit to 22 " T R 1 8 5 2 8 k Ric 13280 Ps. 447 DECLARATION OF RESTRICTIVE COVENANTS This declaration of Restrictive Covenants by Antoni Zamora, Trustee ( "Owner") in favor of the City of Miami, F a municipality of the State of Florida. WITNESSETH: This su to -nil -tat needs to scheduled for a public hearing In accordance wTh timelines set forth in the Cayce Miami Code. The applicable decision -making body will rewewihe I nformatlon at the public hearing to render recommendation or a fir -AL decison. WHEREAS, the Owner holds Fee -simple title to certain property in the City of Miami, Florida ("the City") consisting of Lots 28, 29 & 30 Black 6, AMENDED PLAT OF MIAMI SUBURBAN ACRES, as per the plat thereof as recorded in Plat Book 4, Page 73 in the Public Records of Dade County, Florida (the "Property"); and WHEREAS, the Owner is presently an applicant before the City of Miami City Commission for a change of Zoning Classification in the Official Zoning Atlas of the City of Miami, from RG-1/3 (General Residential) to CR-3/7 (Commercial Residential) excluding the south one foot of the Property which shall remain RG 1/3; ("The Zoning Change") and WHEREAS, the Owner is desirous of making a binding commitment to assure that the Property shall be developed in accordance with the provisions of this Declaration; NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land binding upon the Owner of the Property, and his successsors and assigns as follows: A. Building Height Limitation. The height of buildings located within fifty (50) feet of the south property line of the Property along S.W. 22nd Terrace shall not exceed two (2) stories or thirty-five (35) feet. B. Landscape Plan and Buffer. Prior to the issuance of a building permit on the Property, Owner shall obtain approval of a landscape plan from the City of Miami Planning Department which plan shall reflect a landscape buffer with a width of twenty (20) feet along the entire south property line of the Property along S.W. 22nd Avenue which buffer will contain heavy, visually impenetrable landscaping so as to obscure the view of the Property by adjacent property owners to the extent reasonably possible. The landscaping of the Property shall be installed in conformity with said landscape plan; and the Owner shall also be responsible for the maintenance of the landscaping on the Property in perpetuity. C. Vehicular Access Limitation. No vehicular access for ingress or egress shall be permitted across the south property line of the Property along S.W. 22nd Terrace. D. Local Park Contribution. A contribution in the amount of $5,000.00 shall be paid to the City of Miami prior to issuance of any building permit for the Property which contribution shall be applied by the City for Parks Improvements Trust Funds for Child Care Facilities. E. Effective Date. If the City Commission of the City approves the Owners" pending application for The Zoning Change and after said approval of The Zoning Change has become final and non -appealable, this instrument shall constitute a covenant PZ-21-10748 03/22/22 Iy1lFslxT e,t.• rna," 4. 0 Ic °`1 t 3280Qc 448 Rff. running with the title to the Property and shall be binding the Owners, their successors and assigns. These restric shall be for the benefit of and a limitation upon all pre and future owners of the Property and for the public welfare. • F. Amendment and Modification. This instrument may be modified, amended or released as to anyportion of the Property by a written instrument executed by the then owner _of the fee -simple title to the land to be affected by such modification, amendment or release providing that same has been approved by the City of Miami CorTmnission after a public hearing. should this in- strument be so modified amended or released, the nirect.or of the Planning Department or his successor, shall execute a writt.en instrument in recordable form effectuating and acknowledging such modification, amendment or release. G O NOTICE This submittal needc to be scheduled for a public hearing in accordance with bmetres set forth in the City of Miami Code.The applicable decision -ma king body roll reeewthe Intonate n at the pubic hearing to renh era recommendation or a final decision. G. Term of Covenant. This voluntary covenant on the part- of the Owners shall remain in full force and effect and shall be binding upon the Owner, his successors and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records and shall be automatically extended for successive periods of ten (10) years thereafter unless modified, amended or released prior to the expiration thereof. II . Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the privilege at any time during the normal working hours to determine whether or not the requirements of the Building and Zoning Department and the conditions of this Declaration are being complied with. An enforcement action brought by the City shall be by action at law or in equity against any party or person violating or attempting to violate any covenants, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. I. Severability. Invalidation of any of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. J. Recording.. This declaration shall be filed of record among the Public Records of Dade County, Florida, at the cost of the Owners. PZ-21-10748 03/22/22 v4" r ew c°' IN WITNE WHEREOF■ (the this / day o E p-1 •�� Witnesses: STATE OF FLORIDA ) 1 SS COUNTY OF DADE The fonsigc4ng instrument day of .1)- '?).a41. c( , l96 My Commission Expires: ark, ary A :.4. tt.te rf i oride My Corr rn•s• ,._s Ian. 7, t9eli `bcn d.,d Inn, t... ,r „ n,.• nary, . a � 3280 449 undersigned has set their hands and seals 19B7. Antonio R . !ariot-a rustee _.;Ds ack wl'.�dge�(befoxe sme this /0 — Y I y (���f G le( AI,T[ON IO R. ZAMORA, TRUSTEE. 3X0TARY PUBLIC State of Florida at Large APPROV'' AS'TO FORM AND CORRECTNESS: UC • A . I.UUGHERTY City y Attorney mlu submRlal neetls to be schetluletl fora pubic hearing In accordance with drnelines set forth in the City of Miami Cede. The applIcabLe decision -ma Ming body o LI review the Informston at the pubic hearIng to renders recommendation or a final decison. PZ-21-10748 03/22/22 a n� st•sl..�"a� TA\ r,t �R,Gtipt]? �.,� GI rrr City of Miami Legislation Resolution: R-06-0131 : NOTICE (This submittal. needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The applicade decision-rna king body will review the infonnaUon at the public hearing to render a recommenaad on or a final dec K on. File Number: 05-00769a Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE MILE PROJECT, TO BE LOCATED AT APPROXIMATELY 3622 SOUTHWEST 22ND STREET; 3605, 3615 AND 3625 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 164-FOOT, 14-STORY HIGH MIXED USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 119 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 3,079 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 166 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. PZ-21-10748 03/22/22 WHEREAS, on June 7, 2005, Lucia A. Dougherty, on behalf of Key Real Estate Development Corp., contract purchaser, and M Three Corp., owner (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for The Mile (referred to as "PROJECT") pursuant to Articles 9, 13 and 17 of Zoning Ordinance No. 11000, for the property located at approximately 3622 SW 22nd Street; 3605, 3615 and 3625 SW 22nd Terrace, 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, a development bonus to permit 24,750 square feet of floor area shall be paid to the Affordable Housing Trust Fund at the amount of $12.40 per square foot = $306,900.00 has been requested; and WHEREAS, the Large Scale Development Committee met on April 5, 2005 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on April 20, 2005, to consider the proposed project and recommended APPROVAL; and WHEREAS, the Miami Zoning Board at its meeting of July 25, 2005, Item No. 3, adopted a Resolution by a vote of six to one (6-1), RECOMMENDING APPROVAL of a Change of Zoning requiring City Commission approval as hereinafter set forth; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 7, 2005 Item No. 2, following an advertised public hearing, adopted Resolution No. PAB 90-05 by a vote of seven City of Miami Page 1 of 11 File Id: 05-00769a (Version: 1) Printed On: 1/17/2017 File Number: 05-00769a Enactm to zero (7-0), recommending APPROVAL with conditions of the Major Use Special Development Order as hereinafter set forth; and WHEREAS, the City Commission deems it advisable and in the best interest of t welfare of the City of Miami to issue a Major Use Special Permit Development Order a set forth; NOTICE This submittal needs to be scheduled fora public hearing in accordance with timeline; set forth come City of Miami Code. The applicable decision-rna king body will review the infonnaUon at the public hearing to render a recommenaad on or a final dec K on. \ PZ-21-10748 03/22/22 _ 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, at approximately 3622 SW 22nd Street; 3605, 3615 and 3625 SW 22nd Terrace, Miami, Florida, more particularly described on "Exhibit A", attached and incorporated. Section 3. The PROJECT is approved for the construction of an approximate 164-foot, 14-story high mixed use structure to be comprised of approximately 119 total multifamily residential units with recreational amenities; approximately 3,079 square feet of retail space; and approximately 166 total parking spaces; providing for certain floor area ratio ("FAR") bonuses. Section 4. The Major Use Special Permit Application for the Project also encompasses the lower ranking Special Permits as set forth in the Development Order. Section 5. The findings of fact set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as amended. b. The PROJECT is in accord with the proposed C-1 (Restricted Commercial) with SD-23 (Coral Way Special Overlay) and SD-19 (2.0 F.A.R.) 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 (as appropriate to the nature of the special permit involved in the Project and the particular circumstances of the case) subject to the applicable conditions in the Development Order herein: DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE I) Site and Urban Planning: (1) Respond to the physical Yes. *Yes. contextual environment taking into consideration urban form and natural features; City of Miami Page 2 of 11 File Id: 05-00769a (Version: 1) Printed On: 1/17/2017 PUBL,c File Number: 05-00769a Enactn (2) Siting should minimize the Yes. impact of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner lots Yes. should be oriented to the corner and public street fronts. *Yes. *Yes. II) Architecture and Landscape Architecture: (1) A project shall be designed Yes. to comply with all applicable landscape ordinances; (2) Respond to the neighborhood Yes. context; (3) Create a transition in bulk Yes. and scale; (4) Use architectural styles Yes. and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building facade Yes. vertically and horizontally in intervals that conform to the existing structures in the vicinity. (1) Promote pedestrian interaction; (2) Design facades that respond primarily to the human scale; (3) Provide active, not blank facades. Where blank walls are unavoidable, they should receive design treatment. *Yes. *Yes. *Yes. *Yes. *Yes. III) Pedestrian Oriented Development: Yes. Yes. Yes. *Yes. *Yes. *Yes. IV) Streetscape and Open Space: (1) Provide usable open space Yes. that allows for convenient and visible pedestrian access from the public sidewalk; *Yes. G 0 4 NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines Set forth in the City of Miami Ccde. The applicade decision-rna king body will remew the intomnauon at the public hearing to render a recommendation or a final decision. v" EVIEW COB@ PZ-21-10748 03/22/22 0 City of Miami Page 3 of 11 File Id: 05-00769a (Version: 1) Printed On: 1/17/2017 File Number: 05-00769a Enactm (2) Landscaping, including plant Yes. material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. *Yes. V) Vehicular Access and Parking: (1) Design for pedestrian and Yes. vehicular safety to minimize conflict points; (2) Minimize the number and width of driveways and curb cuts; (3) Parking adjacent to a street Yes. front should be minimized and where possible should be located behind the building; (4) Use surface parking areas Yes. as district buffer. (1) Provide landscaping that Yes. screen undesirable elements, such as surface parking lots, and that enhances space and architecture; (2) Building sites should locate Yes. service elements like trash dumpster, loading docks, and mechanical equipment away from street front where possible. When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front they should be situated and screened from view to street and adjacent properties; (3) Screen parking garage Yes. structures with program uses. Where program uses are not feasible soften the garage Yes. *Yes. *Yes. *Yes. *Yes. VI) Screening: *Yes. *Yes. *Yes. NOTICE This submittal needs to be scheduled fora public hearing in accordance with timeline; set forth come City of Miami Code. The applicable decision-rna king body will review the information at the public hearing to render a recormendad on or a final dec K on. \ PZ-21-10748 03/22/22 _ City of Miami Page 4 of 11 File Id: 05-00769a (Version: 1) Printed On: 1/17/2017 PUBL,c File Number: 05-00769a Enactn structure with trellises, landscaping, and/or other suitable design element. VII) Signage and Lighting: (1) Design signage appropriate Yes. *Yes. for the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design Yes. *Yes. feature to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to Yes. *Yes. minimize glare to adjacent properties; (4) Provide visible signage Yes. *Yes. identifying building addresses at the entrance(s) as a functional and aesthetic consideration. VIII) Preservation of Natural Features: (1) Preserve existing vegetation Yes. *Yes. and/or geological features whenever possible. IX) Modification of Nonconformities: (1) For modifications of Yes. *Yes. nonconforming structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform Yes. *Yes. to current regulations shall be designed to conform to the scale and context of the nonconforming structure. *Compliance is subject to conditions. G 0 4 NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines Set forth in the City of Miami Ccde. The applicade decision-rna king body will remew the intomnauon at the public hearing to render a recommendation or a final decision. \k` EVIEW COB@ PZ-21-10748 03/22/22 0 City of Miami Page 5 of 11 File Id: 05-00769a (Version: 1) Printed On: 1/17/2017 File Number: 05-00769a Enactm These findings have been made by the City Commission to approve this project wit d. The PROJECT is expected to cost approximately $88,026,661, and to empl 198 workers during construction (FTE-Full Time Employees); the PROJECT will also creation of approximately 10 permanent new jobs (FTE). The PROJECT will generate $449, 411 annually in tax revenues to the City (2005 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. NOTICE This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision-rna king body will rep ew the infonnauon at the public hearing to render a ' recommended on or a final dec K on. PZ-21-10748 03/22/22 Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANT and any successors in interest. Section 7. The application for Major Use Special Permit, which was submitted on June 7, 2005, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference. Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the PROJECT, incorporated within. Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and issued. Section 11. In the event that any portion or section of this Resolution or the Development Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order which shall remain in full force and effect. Section 12. The provisions approved for this Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. City of Miami Page 6 of 11 File Id: 05-00769a (Version: 1) Printed On: 1/17/2017 File Number: 05-00769a Enactm Section 13. This Major Use Special Permit, as approved, shall expire two (2) commencement and operative date. Section 14. This Resolution shall become effective immediately upon its adopt of the Mayor. {1 } DEVELOPMENT ORDER NOTICE This submittal needs to be scheduled fora public hearing in accordance with timeline; set forth come City of Miami Code. The applicable decision-rna king body will review the information at the public hearing to render a recommenaad on or a final dec K on. \ PZ-21-10748 03/22/22 _ Let it be known that pursuant to Articles 9, 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for The Mile (MU-2005-024), (hereinafter referred to as the "PROJECT") to be located at approximately 3622 SW 22nd Street; 3605, 3615 and 3625 SW 22nd Terrace, Miami, Florida (see legal description on "Exhibit A", attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions approves the Major Use Special Permit and issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a mixed use development to be located at approximately 3622 SW 22nd Street; 3605, 3615 and 3625 SW 22nd Terrace, Miami, Florida. The PROJECT is located on a gross lot area of approximately 1.14± acres and a net lot area of approximately 0.88± acres of land (more specifically described on "Exhibit A", incorporated herein by reference). The remainder of the PROJECT's Data Sheet is attached and incorporated as "Exhibit B". The proposed PROJECT will be an approximate 164-foot, 14-story high mixed use structure to be comprised of approximately 119 total multifamily residential units with recreational amenities; approximately 3,079 square feet of retail space; and approximately 166 total parking spaces; providinc for certain floor area ratio ("FAR") bonuses. The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits: MAJOR USE SPECIAL PERMITS MUSP, as per Article 17 for development of 119 residential units; MUSP, as per Article 9, Section 914, a development bonus of 24,750 square feet of additional floor area, and to pay into the Affordable Housing Trust Fund an amount of $12.40 per square foot = $306,900.00; Pending SD-19 (2.0 F.A.R.) overlay approval. City of Miami Page 7 of 11 File Id: 05-00769a (Version: 1) Printed On: 1/17/2017 File Number: 05-00769a Enactm NOTICE CLASS II SPECIAL PERMITS CLASS II SPECIAL PERMIT, as per Article 6, Section 623.3.1, for constructi the SD-23 overlay district; CLASS II SPECIAL PERMIT, as per Article 6, Section 623.3.1, for developmen construction within the SD-23 overlay district; CLASS II SPECIAL PERMIT, as per Article 6, Section 623.8, for signage approval; CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary off -site parking during construction; CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, waiver of Guides and Standards and Guidelines to reduce the backup behind the parking spaces; This submittal needs to be scheduled fora public hearing in accordance with timeline; set forth come City of Miami Code. The applicable decision-rna king body will review the information at the public hearing to render a recormendad on or a final dec K on. \ PZ-21-10748 03/22/22 _ CLASS I SPECIAL 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 parking and staging of construction during construction; CLASS I SPECIAL PERMIT, as per Article 9, Section 925.3.8, to allow development/construction/rental signage; CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction trailer and watchman's quarters; CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction trailer and watchman's quarters and other temporary offices such as leasing and sales; REQUEST for applicable MUSP conditions to be satisfied at the time 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 property owner association; and b) The requirement to record in the Public Records a unity of title or covenant in lieu of unity of title. Pursuant to Articles 9, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Dorsky Hodgson & Partners, dated May 31, 2005; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Urban Resource Group, dated May 20, 2005; said design and landscape plans 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; and The PROJECT conforms to the requirements of the proposed C-1 (Restricted Commercial) City of Miami Page 8 of 11 File Id: 05-00769a (Version: 1) Printed On: 1/17/2017 File Number: 05-00769a Enactm with SD-23 (Coral Way Special Overlay) and SD-19 (2.0 F.A.R.) zoning classificatio in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as am existing comprehensive plan future land use designation on the subject property all uses. CONDITIONS NOTICE This submittal needs to be scheduled fora public hearing in accordance with timeline; set forth come City of Miami Code. The applicable decision-rna king body will rep ew the information at the public hearing to render a ' recommended on or a final dec K on. PZ-21-10748 03/22/22 THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit including the required Affordable Housing Trust fund contribution of $12.40 per square foot for any applicable FAR increase sought under those provisions. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a shell permit. 5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for Development Approval, with the understanding that the APPLICANT must use its best efforts to follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide. 6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. 7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP permit resolution and development order, and further, an executed, record able unity of title or covenant in lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's Office. City of Miami Page 9 of 11 File Id: 05-00769a (Version: 1) Printed On: 1/17/2017 File Number: 05-00769a Enactm 8) Provide the Planning Department with a temporary construction plan that following: a temporary construction parking plan, with an enforcement policy; a con management plan with an enforcement policy; and a maintenance plan for the temp site; said plan shall be subject to the review and approval by the Planning Departme issuance of any building permits and shall be enforced during construction activity. All activity shall remain in full compliance with the provisions of the submitted construction p comply may lead to a suspension or revocation of this Major Use Special Permit. NOTICE This submittal needs to be scheduled fora public hearing in accordance with timeline; set forth come City of Miami Code. The applicable decision-rna king body will rep ew the information at the public hearing to render a ' recommended on or a final dec K on. PZ-21-10748 03/22/22 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 condition: A final landscape plan shall be submitted for review and approval of the Planning Director prior to the issuance of a building permit. 12) That the requested application for the Change of Zoning be approved by the City Commission or if the application is denied, that the proposed project be reduced in F.A.R. to a level that which will be permitted without the Change of Zoning. 13) A development bonus to permit a mixed use of 24,750 square feet of floor area shall require payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot = $306,900.00. 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. 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: City of Miami Page 10 of 11 File Id: 05-00769a (Version: 1) Printed On: 1/17/2017 File Number: 05-00769a Enactm NOTICE (1) the PROJECT will have a favorable impact on the economy of the Ci (2) the PROJECT will efficiently use public transportation facilities; and (3) the PROJECT will favorably affect the need for people to find adequat 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 resource 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. This submittal needs to be scheduled fora public hearing in accordance with timeline; set forth in the City of Miami Code. The applica de decision-rna king body will rep ew the infonnaUon at the public hearing to render a ' recommended on or a final dec K on. 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. PZ-21-10748 03/22/22 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 11 of 11 File Id: 05-00769a (Version: 1) Printed On: 1/17/2017 AERIAL EPLAN ID: PZ-21-10748 SPECIAL APPEARANCE ADDRESSES: 3622 SW 22 ST 0 125 250 500 Feet This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Mama Cole. The applicable decision -making body will renew the Information at the public hearing to render e recommendation or a final decision. PZ-21-10748 03/22/22 � i` 111111111111111111111 MIAMI 21 (EXISTING) EPLAN ID: PZ-21-10748 SPECIAL APPEARANCE ADDRESSES: 3622 SW 22 ST 0 125 1- 250 500 Feet Thls submittal needs to be scheduled fora public hearing in accordance with timelines set forth In the City of Miami Code.rhe applicable decision -making body will reNew the Information at the public hearing to render a recommendation or a fina t decid on. PZ-21-10748 03/22/22 � i` PLANNING DEPARTMENT Project Fact Sheet This document is used to provide a summary for Planning Department related projects. PROJECT INFORMATION Project Name: PZ-21-10748 Project Address: 3622 SW 22 ST Miami, FL 33145 APPLICANT INFORMATION Company Name: Bilzin Sumberg Primary Contact: Javier Avinio Email: javinio©bilzin.com Secondary Contact: Jennifer Fine Email: jfine©bilzin.com STAFF RECOMMENDATION/DECISION The Planning Department recommends Approval and full release of the Declaration of Restrictive Covenants as presented by the Applicant, based upon the facts and findings in this staff report. GRAPHIC AERIAL EPLAN ID: PZ-21-10748 SPECIAL APPEARANCE Ci 0 tiQ PUBL,C, NOTICE This submittal needs b be scheduled tor a puboc hearing in accordance 'Mt timelines set forth in the City of Miami Ccde.The apptica de decision -making bcdywill review the information at the pubs hearing to render a recommendation or a final decision. ti k L,,EW CO° PZ-21-10748 03/22/22 PLANNING DEPARTMENT INFORMATION Lead Staff: Paula De Carolis Principal Division: Land Development Email: mpdcarolis©miamigov.com PROJECT DESCRIPTION REQUEST The Mile Apartments LLC c/o W Multifamily Fund 1 LLC, (the "Applicant"), owner of the development located at 3622 SW 22 St., Miami, Florida (the "Property"), requests a Special Appearance for a release of a Declaration of Restrictive Covenants (the "Covenant") voluntarily proffered and recorded on May 14, 1987 in the Official Records Book 13280, Page 447, of the Public Records of Miami -Dade County, Florida. PROPERTY INFORMATION: The Property is legally described as Lots 3, 4 and 5, less the north 35 feet and Lots 28, 29 and 30, less the south 10 feet, in Block 6 of Amended Plat Miami Suburban A ... ..1: ,.... 4- 4L- - I..1 al.....-....r ....-.-...J nl111 Webs Link(s): BOARD REQUIREMENTS n HEPB n UDRB n City Commission I -I PZAB n WDRC n AIPP Existing Transect Zone(s): T5-O and T4-O Existing FLUM(s): Restricted Commercial Commissioner District(s): D4- Commissioner Reyes Department of Human Service Neighborhood Service Center(s): Coral Way Revision Date: 06/15/2021 Department Director: Cesar M. Garcia -Pons, AICP, LEEP AP