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SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
for
CIVICA TOWER
located at approximately
1050 NW 14th Street
L.EGISTAR FILE ID: 06-01242mm
Pursuant to Zoning Ordinance 11000, as amended, Supplement 14 the Zoning Ordinance of the
City of Miami, Florida, the subject proposal for CIVICA TOWER has,been reviewed to allow a
Substantial Modification to the previously approved CIVICA TOWERS Major Use Special Permit,
Resolution 06-0735, pursuant to Articles 9, 13, 17 and 22 of Zoning Ordinance No. 11000, as
amended, located at approximately at 1050 NW 14th Street, Miami, Florida. The proposed
substantial amendment will modify the approved MUSP Resolution No. 06-0735, to allow the
following changes to the original application:1) To increase the office space from 390,827 sq. f. to
551,452 sq. f.; 2) To increase the retail square footage from 14,655 sq. ft to 16,988 sq. ft; 3) To
remove the Hotel/Residential component; 4) To increase the proposed high from 290'-0"NGVD to
299'-11" NGVD; 5) To increase the off-street parking from 873 to 1,456 parking spaces.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701 Definition (8), and ARTICLE
9, Sec. 914, Increased Development Bonus, to allow an increase of twenty five (25) percent addi-
tional floor area of approximately 113,688 square feet as development bonus. The user shall
make a non-refundable developer contribution of $1,409,731.20 to the Affordable Housing Trust
Fund administered by the City of Miami;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (2), to allow a non-
residential development involving in excess of two hundred thousand (200,000) square feet of
floor area, 568,440 square feet in this case;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (7), for any single
use or combination of uses requiring or proposing to provide in excess of five hundred (500) off-
street parking spaces, 1465 parking spaces in this case;
MAJOR USE SPECIAL. PERMIT, as per ARTICLE 6, Section 610.5, Major Use Special Permits in
the SD -10 District (1), to allow a development involving in excess of five hundred thousand
(500,000) square feet of floor area, 568,440 square feet in this case;
The Major Use Special Permit encompasses the following Special Permits and the additional Re-
quests:
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 610.3.1, Class II Special Permit, to al-
low erection of any new building in SD -10 district;
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 610.6.1, Class II Special Permit, to al-
low medical uses, introduction of new medical uses and/or expansion of medical use in SD -10
district;
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CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 610.6.1, Class II Special Permit, to al-
low retail and service uses including restaurants that are located within a mixed use development
open to the outside to serve the general public in SD -10 district;
CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512, to allow a waiver of City of Mi-
ami Off-street Parking Guides & Standards for reduction of required backup distance in driveway
isles from 23 feet to 22 feet;
CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512, to allow a waiver of City of Mi-
ami Off-street Parking Guides & Standards for the required additional foot when a parking stall
abuts a column, wall or any other obstruction,
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 923.2.1, to allow reduction of loading
berths dimensions as follows;
Required Three (4) 12 feet wide x 35 feet long x 15 feet high
One (1) 12 feet wide x 55 feet long x 15 feet high
Proposed Four (4) 12 feet wide x 35 feet long x 15 feet high (by right)
One (1) 12 feet wide x 35 feet long x 15 feet high (by Class II)
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 922.4, to allow maneuvering of trucks
on public rights-of-way with referral to Public Works Director;
CLASS 11 SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub -Section 908.2, Access, to al-
low driveways of width greater than 25 feet in this case a driveway width of 29 feet 6 inches;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary structures, occupancies,
and uses during construction, criteria for special permits, to allow temporary structures, occupan-
cies, and uses reasonably necessary for construction such as construction fence, covered walk-
way and if encroaching public property must be approved by other city departments;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow temporary carnival, fes-
tival, 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 ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-street off-
site parking for construction crews working on a commercial project under construction;
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 10.5, Sub -Section 10.5.4.2, G/I Gov-
ernment and Institutional, Temporary Signs (3) , to allow temporary development signs;
REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permit-
ting the operation of construction equipment exceeding the sound level of a reading of 0.79
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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 SUBSTANTIAL AMENDMENTS TO A MAJOR USE SPECIAL PERMIT,
that the following conditions be required at the time of issuance of Shell Permit instead of at is-
suance of Foundation Permit:
- The requirement to record in the Public Records a Declaration of Covenants and/or Restric-
tions providing that the ownership, operation and maintenance of all common areas and facili-
ties 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 9, 13, 17 and 22 of Zoning Ordinance 11000, approval of the requested
Substantial Modification to a 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
incorporated additional comments as a result of additional technical reviews in reference
to this project in addition to the ones previously submitted comments from 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,
office and commercial opportunities in Allapattah NET District, more specifically north to the
Dolphin Expressway at the intersection of NW 11th Avenue and NW 14th Street.
® It is found that the zoning designation of the property is G/I (Government and Institution) with
SD -10 (Jackson Memorial Hospital Medical Center Overlav District) and SD -19 (Designated
F.A R. Overlay District).
® 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 "Major Institutional - Public
Facilities - Transportation and Utilities".
® It is found that on September 8, 2008 the Zoning Administrator reviewed the requested
modifications and determined that based on criteria defined in Section 2215 of the Zoning
Ordinance 11000, that the changes are substantial.
® 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 Substantial Modification reduces the whole magnitude of the project from
659,215 sq. ft. originally approved, to 568,440 sq. ft. The maximum allowed is 659,390sq. ft.
® It is found that the Substantial Modification removes the Hotel/Residential component
® It is found that the Substantial Modification increases the project's office space from 390,827
sq, ft. to 551,452 sq. ft.
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® It is found that. the Substantial Modification increases the retail space from 14,655 sq. ft.
originally proposed in the MUSP to 16,988 sq. ft.
® It is found that this Substantial Modification increases the proposed high from 290' - 0"
N.G.V.D. to 299' - 11" N.G.V.D.
It is found that this Substantial Modification increases the off-street parking from 873 to 1,456
parking spaces
® It is found that the Environmental Impact Analysis conducted by Geosyntec Consultants
submitted for the project states that "the Geosyntec project team has not found that the
proposed project will result in an overall significant adverse impact to the environment and
natural resources at the Site".
® It is found that the project is expected to cost approximately $ 211,979,905 and to employ
approximately 376 workers during construction (FTE -Full Time Employees); The project will
also result in the creation of approximately 30 permanent new jobs (FTE) and will generate
approximately $ 1,654,'118 annually in tax revenues to the City (2009 dollars).
® It is found that the Large Scale Development Committee reviewed the project on December 3,
2008 to address the expressed technical concerns raised at said Large Scale Development
Committee meeting.
® It is found that on December 31, 2008, the City's Traffic Consultant, URS Corp., provided a
Sufficiency Letter - Review x#001 concluding that the traffic impact report submitted by the
applicant meets all the traffic requirements, identifying the following Transportation Control
Measures (TCM) In recognition of utilizing the alternate modes of transportation and higher
vehicle occupancy: ;) Car pooling; 2) Ridesharing into the site; 3) Providing bicycle racks.
® It is found that Miami -Dade County Public Schools, on November 18, 2008, has conducted a
public school concurrency review for this application and has determined that it DOES MEET
(Concurrency Met) all applicable LOS Standards -for a Final Development order as adopted in
the local Government's Educational Element and incorporated in the Interlocal Agreement for
Public School Facility Planning.
® it is 'round that on December 18, 2008, and February 25, 2009 the Miami -Dade Aviation
Department provided letters regarding to the Airspace Analysis for the proposed project
stating that it "conforms to the arrrended Miami International Airport (Wilcox Field) Zoning
Ordinance, approved by the Miami -Dade County Commission on July 2007".
0 It is found that on November 14, 2008, the City of Miami Public Works Department provided a
review of the project with the following street improvement: N.W. 14 Street: Replace all
damaged sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire
width, curb to curb, adjacent to the project site and the -intersection of N.W. 14 Street and N.W.
11 Avenue.
® It is found that the proposed project was reviewed by the Internal Design Review Committee
on February 17, 2009 and the comments were addressed satisfactorily.
It is found that the proposed project was reviewed for design appropriateness by the Urban
Development Review Board on January 21, 2009, which recommended approval.
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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 in ipractical.
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 frorn, 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 i 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 Vlinority/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 pian 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
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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 comply, prior of I -CO issuance, with conditions of sufficiency letter prepared by the City's
Traffic Consultant on Sufficiency Letter - Review #001 of December 31, 2008.
12.) Pursuant to cornments the City of Miami Public Works provided a review of the project
with the following street 'improvement: N.W. 14 Street: Replace all damaged sidewalk, curb and
gutter adjacent to the project site. Mill and resurface the entire width, curb to curb, adjacent to the
project site and the -intersection of N.W. 14 Street and N.W. 11 Avenue.
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.
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