HomeMy WebLinkAboutItem #2 - Civica Tower- PAB_4.15.09PLANNING FACT SHEET
LEGISTAR FILE ID: 06-01242mm April 15, 2009 Item # P.2
APPLICANT A. Vicky Garcia -Toledo, Esquire, on behalf of Miami Hotel
Investments, Ltd., Owner and Swerdlow Development
Company, LLC, Contract Purchaser
REQUEST/LOCATION Consideration of a Substantial Modification to an approved
Major Use Special Permit for the Civica Towers project, to be
located at approximately 1050 NW 14th Street
COMMISSION DISTRICT Commissioner Angel Gonzalez- District 1
ZONING DISTRICT(S) G/I (Government and Institutional) with an SD -10 (Jackson
Memorial Hospital Medical Center Overlay District), and SD -
19 (Designated F.A R. Overlay District)
SITE AREA 3.26± acres (Gross Lot Area) and 1.82± acres (Net Lot Area)
LEGAL DESCRIPTION See supporting documentation
PETITION A Resolution of the Miami Planning Advisory Board
recommending approval or denial of a resolution of the Miami
City Commission, with attachments, approving with
conditions, a Substantial Modification to a Major Use Special
Permit pursuant to Articles 9, 13, 17 and 22 of Zoning
Ordinance No. 11000, as amended, for the Civica Tower
project to be located at approximately 1050 NW 14th Street,
Miami, Florida, to allow the following changes to the original
application: 1) To increase office spaces from 390,827
square feet to 551,452 square feet; 2) To increase the retail
square footage from 14,655 square feet to 16,988 square
feet; 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; providing for certain floor area ratio
("FAR") bonuses.
PLANNING RECOMMENDATION
BACKGROUND AND ANALYSIS
PLANNING ADVISORY BOARD
CITY COMMISSION
Approval with conditions
See supporting documentation
VOTE:
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1500
Date Printed: 4/8/2009 Page 1
ANALYSIS
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
for
CIVICA TOWER
located at approximately
1050 NW 14th Street
LEGISTAR 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 (25) percent additional
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;
City of Miami Page I of 6 Printed On: 4/8/2009
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 11)
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 II 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
City of Miami Page 2 of 6 Printed On: 4/8/2009
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.
City of Miami Page 3 of 6 Printed On: 4/8/2009
• 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 #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: 1) 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 found 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 amended Miami International Airport (Wilcox Field) Zoning
Ordinance, approved by the Miami -Dade County Commission on July 2007".
• 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 following pertinent comments were made: The removal of the
balconies from the garage and tower elevations has a substantial effect on the look of the
building and is unacceptable. Please re-establish these balconies on all facades.
City of Miami Page 4 of 6 Printed On: 4/8/2009
• 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.
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.
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.
City of Miami Page 5 of 6 Printed On: 4/8/2009
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, prior to the issuance of the building permit: a) The removal of
the balconies from the garage and tower elevations has a substantial effect on the look of the
building and is unacceptable. Please re-establish these balconies on all facades.; b) Compliance,
prior of TCO 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 comments 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.
City of Miami Page 6 of 6 Printed On: 4/8/2009
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Projects in the Vicinity
Civica Tower.
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No.
Name
Use
Units
Status
1
The Residences at Jackson
Residential
173
E PRELIMINARY PHASE
University of Miami Clinical
Clinical Research Office
2
B UNDER CONSTRUCTION
Research Building
Building
C I T Y O F M I A M I
P L A N N I N G D E P A R T M E N T
DESIGN REVIEW COMMENTS
MAJOR USE SPECIAL PERMIT
IDR -08-042
CIVICA MEDICAL CENTER ON JACKSON MEMORIAL CAMPUS
1050 NW 14TH STREET
NET DISTRICT: ALLAPATTAH
02.17.2009
COMMENTS:
The following comments represent the unified vision of the Pre -Application Design Review Committee, which
consists of all staff members in the Urban Design and Land Development Divisions. The City of Miami strives
to achieve diverse, pedestrian -friendly neighborhoods, promote transit connections, and provide safe and
comfortable buildings, streets, and parks that contribute to a prosperous city for all residents to enjoy.
Architecture
• The committee finds that the original proposal of "Inchblock Barnet Bates Orsogril (1"x1"
grid)" painted to match the curtain wall system is an appropriate solution to screen the
parking garage.
• The removal of the balconies from the garage and tower elevations has a substantial effect
on the look of the building and is unacceptable. Please re-establish these balconies on all
facades.
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 j
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.
December 31, 2008
PLAMPAG OEPARTMENF
2009 RN -6 Pig 2' 10
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' Civica Medical Center MUSP
Sufficiency Letter — Review # 001
Dear Ms. Medina:
Via Fax and US Mail
Subsequent to our December 4, 2008 review comments for the subject project, we have received a
response letter and a revised report from Richard Garcia and Associates Inc. (RGA) dated
December 8, 2008. A copy of RGA's response letter is attached herewith.
At this time, we conclude that the traffic impact report meets all the traffic requirements and the
study is found to be sufficient.
Please note the traffic study identifies following Transportation Control Measures (TCM) in
recognition of utilizing the alternate modes of transportation and higher vehicle occupancy:
1. Car pooling;
2. Ridesharing into the site;
3. Providing bicycle racks.
The development approval should be conditioned upon this TCM plan being implemented to
recognize the credits given towards the transportation concurrency management. Previously we
had recommended accommodating a northbound right -turn lane with sufficient storage to
accommodate the heavy right -turn volume out of the project driveway at the intersection of NE 14th
Street and NW 11th Avenue. The approval should be conditioned to implement the proposed lane
configuration. Further, the applicant should coordinate with Miami -Dade County Traffic Signals
Division to secure approval of the proposed turning movement phase addition to this traffic signal.
Should you have any questions, please call Ms. Geysa Sosa or me at 954.739.1881.
Sincerely,
URS CorabrA io"outhern
Raj S an ugam, E.
Senio Tra i ee
Attachment
Cc:
URS Corporation
3343 West Commercial Boulevard
Suite 100
Fort Lauderdale, FL 33309
Tel: 954.739.1881
Fax: 954.739.1789
Mr. Antonio E. Perez, Planner 11, City of Miami Planning (Fax: 305.416.1443).
Mr. -Richard Garcia, Richard Garcia & Associates (Fax: 305-675-6474)
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Ana Gelabert-Sanchez, Director
Planning Department
FROM: Stephanie N. Grindell, P.E , Director
Public Works Department
0
DATE : November 14, 2008 FILE:
SUBJECT: Large Scale Development , 4evi-aW-
Civica Medical Center
>
REFERENCES:
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ENCLOSURES:
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The Public Works Department has reviewed the Large Scale Development plans for the development entitled
Civica Medical Center located at 1050 NW 14 Street and has the following comments.
1. Replatting the tract of land is required to close and vacate the utility easements. This process must be
completed prior to issuance of building permits.
2. All transitions from the established street profile grade to the building floor elevation must be
accomplished on private property. Stairs, ramps, retaining walls, etc. will not be permitted in the public
right of way and the record profile street grade can not be changed to accommodate the proposed
building ground floor elevation.
3. 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.
4. A maintenance 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.
5. City of Miami driveway entrances, in compliance with A.D.A. standards, shall be required. Continuous
pedestrian sidewalk is required within the public right of way abutting the project site without requiring
pedestrians to enter private property.
6. 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.
7. 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 off-site
parking for workers and a shuttle service to the work site. The parking / shuttle plan shall be coordinated
with the local City of Miami NET Service Center.
Large Scale Development Review Civica Medical Center
November 14, 2008
Page 2 of 2
8. 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. For
information on a DEP permit application, please contact our department at (305) 416-1200 or
www.de]2.state.fl.us/waterstorinwateL/npdes.
In addition to these comments, the Public Works Department will require the following street improvements:
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.
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 Helmers, Professional
Engineering IV, at extension 1221.
SN6&Cdt
11 �IQ�o3
c: Siskind Carlson & Partners
242 SW 5 Street
Miami, FL 33130
Stephanie Grindell, P. E., Director of Public Works
Lourdes Slazyk, Zoning Administrator, Zoning Dept.
Roberto Lavernia, Chief of Land Development, Planning Dept.
bc: Development and Roadway Plan Section
Central
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Absent
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URBAN DEVELOPMENT REVIEw BOARD (UDRB)
1/21/2009
Resolution for Recommendation to the Director of. Planning
Item No. 2: Civica Medical Tower
A motion was made by Dean Lewis and seconded by Robert Behar for a resolution recommending to the
Director of the Department of Planning approval with conditions for a Substantial Modification to a Major Use
Special Permit for the project Civica Medical Tower located at 1050 NW 14th Street with a vote of 3 to 1.
Vote List:
Yes
No
Recused
Absent
Todd B. Tragash, Chairman
❑
❑
❑
N
Julio Diaz, Vice Chairman
❑
N
❑
❑
Robert Behar
N
❑
❑
Willy Bermello
❑
❑
❑
N
Robin Bosco
❑
❑
❑
Carlos Jurado
❑
❑
❑
N
Dean Lewis
N
❑
❑
❑
Rudolph Moreno
N
❑
❑
❑
Dr. Augusto Newell
❑
❑
❑
N
Ernesto Santos
❑
❑
❑
N
Conditions:
• Articulate the garage facade in order to improve the continuous horizontal elevation facing SR 836.
• Provide greater movement and fenestration that will help to integrate the building's base and tower
architectural design.
Attest:,��
Ana Ge a ert-Sa chez, ` ctor
Alexander Adams, UDRB Officer
iv MI-IM111-
MIAMI INTERNATIONAL AIRPORT
Commercial Airport:
Miami International Airport
General Aviation Airports:
Dade -Collier Training &Transition
Homestead General
Kendall-Tamiami Executive
Opa-locka
Opa-locka West
Mr. Roberto Lavernia
Chief of Land Development
City of Miami
444 SW 2nd Avenue, 3rd Floor
Miami, FL 33131
December 18, 2008
Miami -Dade Aviation Department
t''rP.O. Box 025504
Miami, Florida 33102-5504
T 305-876-7000 F 305-876-0948
29 Al $� www.miami-airport.com
miamidade.gov
RE: Determination Number DN -08-11-087 Land Use Zoning and Airspace Analysis for
Civica Tower at the Health District (Large Scale Application) Located at 1050 NW
14t1i Street, Miami, FL (Folio Number 01-3135-055-0020)
Dear Mr. Lavernia:
Please be advised that the Miami -Dade Aviation Department (MDAD) has previously reviewed
the above -referenced project and issued a letter of determination on April 18, 2007.
Since the Miami International Airport (Wilcox Field) Zoning Ordinance was amended and
approved by the Miami -Dade County Commission in July 2007, this letter supersedes our
previous letter of determination dated April 18, 2007.
Land Use Review:
Based on the available information, MDAD has determined that the proposed land use is
compatible with operations from Miami International Airport.
Airspace Review:
Our review finds that the maximum height of 310 feet AMSL (Above Mean Sea Level) at this
location conforms to the amended Miciini International Airport (Wilcox Field) Zoning
Ordinance, approved by the Miami -Dade CounoJ Commission on July 2007.
This height determination is an estimate issued on a preliminary or advisory basis. Please note
that as a preliminary height determination it does not constitute approval by MDAD for
construction until coordination and a "No -Hazard" determination from the Federal Aviation
Administration (FAA) is obtained. Please note, any proposed construction at this location
reaching or exceeding 200 feet AMSL (Above Mean Sea Level) is required to be filed with the
Federal Aviation Administration (FAA) using Form 7460-1 `Notice of Proposed Construction
Alteration for Determination of Known Hazards'. In addition, any construction cranes for this
project at this location reaching or exceeding 200 feet AMSL must be filed by the construction
contractor using the same form.
Mr. Robert Lavernia
December 18, 2008
Page 2
Thus, for any crane reaching or exceeding 200 feet AMSL, FAA form 7460-1 must be filed. 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. Alternatively, the applicant may
"e -file" online at https://oeaaa.faa.gov. In addition, MDAD's Planning Division must review and
approve the construction cranes height and locations associated with this construction project.
The crane operator is required to complete a permissible crane height determination form which
may be found on the MDAD webpage at the following location: http://www.miami-
airport.com/html/mia—Planning_forms_and_maps.html and selecting "Permissible Crane Height
Determination Form". The completed form is to be submitted to MDAD's Planning Division
allowing for 5 days to review and approve the crane(s).
Based on the above, MDAD would not object to a proposed structure height that conforms to the
Miami International Airport (Wilcox Field) Zoning Ordinance as long as:
1) The FAA determines that the construction of a building at the above mentioned
height will not diminish or affect the safety, efficiency or capacity of the Miami
International Airport in any way; and
2) The FAA issues a "Determination of No Hazard" for this project and location; and
3) An interested party does not file a "petition for review" to the FAA's aeronautical
study that has yet to be completed for this project and location.
Please note that the airspace review process is governed by two different regulations: the Code
of Miami -Dade County Article XXXVII, Miami International Airport (Wilcox Field) Zoning,
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 Aviation Department or the applicable municipal
building official determines whether the County's height limitations are met, and FAA
determines whether FAA building, marking and height requirements are met. It is the
responsibility of the Aviation Department to administer and enforce the regulations prescribed in
the Miami International Airport (Wilcox Field) Zoning Ordinance.
Furthermore, please note that upon completion of this project, no Certificate of Use and
Certificate of Occupancy shall be issued by a municipality or Miami -Dade County until approval
is obtained by this office certifying that the structure for this development was built no higher
that the maximum height approved by this letter. The approval shall be issued by this office after
submittal by applicant of the required information as outlined in the Miami
Mr. Robert Lavernia
December 18, 2008
Page 3
_International Airport (Wilcox Field) Zoning Ordinance, Section 33-349 Airspace Approvals,
Paragraph A, Subsection 2.
This determination is based, in part, on the description provided to us by you, which includes
specific building locations and heights. Any changes in building locations/layouts or heights will
void this determination. Any future construction or alteration, including an increase to heights
requires separate notice to the FAA and MDAD.
Should you have any questions, please feel free to contact me at 305-876-8080.
Si*erely,
A. RWos, k.w._
F of Aviation Planning Section
C: Max Fajardo
Sunil Harman
Renee Bergeron
Marc C. LaFerrier, Department of Planning and Zoning
Damon Holness, Department of Planning and Zoning
Orlando Toledo, City of Miami
Lourdes Slazyk, City of Miami
Antonio E. Perez, City of Miami
Aldo Reyes, City of Miami Zoning Chief Inspector
Francisco R. Gonzalez, City of Miami Zoning Plans Reviewer
Cesar Perez, FAA OE Airspace Specialist
A. Vicky Garcia -Toledo, Esq.
Randy Foltz
File Zoning
Superintendent of Schools
Alberto M. Carvalho
November 18, 2008
Iris Escarra
Miami Hotel Investments
3500 Mystic Point Drive
Aventura, FL 33180
RE: PUBLIC SCHOOL CONCURRENCY DETERMINATION
Miami Hotel Investments
Dear Applicant:
Miami -Dade County School Board
Agustin J. Barrera, Chair
Perla Tabares Hantman, Vice Chair
Renier Diaz de la Portilla
Evelyn Langfieb Greer
Dr. Wlbert "Tee" Holloway
Dr. Martin Karp
Ana Rivas Logan
Dr. Matta P6rez
Dr. Solomon C. Stinson
Pursuant to State Statutes and the 2008 Amended and Restated Interlocal Agreement
for Public School Facility Planning, the above -referenced residential development
application was reviewed for compliance with Public School Concurrency. Accordingly,
attached please find the School District's Concurrency Determination. As you will note,
the applicable Level of Service (LOS) standards of 100% Florida Inventory of School
Housing (FISH) have not been impacted since no new residential units will be built as a
result of the application.
Therefore, the application has complied with the requirements of public school
concurrency and no further action is required at this time.
Should you have any questions, pleas
IMR:cse
L-228
Attachments
cc: Ms. Ana Rijo-Conde, AICP
Mr. Fernando Albuerne
Ms. Vivian G. Villaamil
Local Government
School Concurrency Master File
i-7287.
Facilities Planning
Ana Rijo-Conde, AICP, Planning Officer ® 1450 N.E2 d Avenue, Suite 525 • Miami, Florida 33132
305-995-7285 - FAX 305-995-4760 aArijo@dadeschools.net
Concurrency Manageraent Systern (CMS)
Ktanti Dade County Public Schools
Concurrency Management System
School Concurrency Determination
MD[PSApplication Number: PT0108110400038 Local Government (UG): Miami
Date Application Received: USApplication Number: Da:�QJJl
Type ofApplication: Plats Sub Type: Re -Plat
Applicant's Name:
Address/Location:
Master Folio Number:
Additional Folio Number(s}:
Name of Subdivision:
PROPOSED #QFUNITS
SINGLE-FAMILY DETACHED UNITS
SINGLE-FAMILY ATTACHED UNITS
MULTIFAMILY UNITS:
3500 Mystic point drive Aventura 33180
0131350550020
Days T -Plat number:
CONCURRENCY SERVICE AREA SCHOOLS
CSA
Facility Name
Net Available
Seats
Seats
LOS
Source
Id
Capacity
Required
Taken
Met
Type
ELEMENTARY
CSA
6091
CITRUS GROVE MIDDLE*
461
0
0
YES
Current
I
CSA
7341
MIAMI JACKSON SENIOR*
I
610
0
0
YES
Current
CSA
ADJACENT SERVICE AREA SCHOOLS
*An Impact reduction of ID.60/Q included for charter and magnet schools (Schools of Choice).
MDCPS 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 inrorporated in the Inter!ocal Agreement for Public School Facility hng
in Miami -Dade Countv.
Master
Concurrency
Issue Date:
Expiration
Administrator
Total
Number 0
of Units:
Capacity Elem
1450NE 2Avenue, Room 525,Miami, Florida 33132/]O5-995-7634/3O5-995-478Ofax
/
01
City of Miami
r-
`
Legislation
{fir
f A I
PAB Resolution
File Number: 06-01242mm
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD
RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI
CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 9, 13, 17 AND 220F ZONING ORDINANCE NO. 11000, AS
AMENDED, FOR THE CIVICA TOWER PROJECT TO BE LOCATED AT
APPROXIMATELY 1050 NORTHWEST 14TH STREET, MIAMI, FLORIDA, TO
ALLOW THE FOLLOWING CHANGES TO THE ORIGINAL APPLICATION: 1) TO
INCREASE OFFICE SPACES FROM 390,827 SQUARE FEET TO 551,452
SQUARE FEET; 2) TO INCREASE THE RETAIL SQUARE FOOTAGE FROM
14,655 SQUARE FEET TO 16,988 SQUARE FEET; 3) TO REMOVE THE
HOTEL/RESIDENTIAL COMPONENT; 4) TO INCREASE THE PROPOSED
HEIGHT FROM 290-'0" NGVD TO 299'-11" NGVD; 5) TO INCREASE THE
OFF-STREET PARKING FROM 873 TO 1,456 PARKING SPACES; PROVIDING
FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; 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 September 10, 2008, A. Vicky Garcia -Toledo, Esquire, on behalf of Miami
Hotel Investments, Ltd., Owner and Swerdlow Development Company, LLC, Contract Purchaser
(referred to as "APPLICANT"), submitted a complete Application for Substantial Modification to a
previously approved CIVICA TOWER Major Use Special Permit (06-001242mm) (referred to as
"PROJECT") pursuant to Articles 9, 13, 17 and 22 of Zoning Ordinance No. 11000, for the properties
located at approximately 1050 NW 14th Street, Miami, Florida, as legally described in "Exhibit A",
attached hereto and made a part thereof
WHEREAS, development of the Project requires the issuance of a Substantial Modification to
Major Use Special Permit pursuant to Articles 9, 13, 17 and 22 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 December 3, 2008 to consider
the proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on January 21, 2009, to consider the
proposed project and recommended approval; and
WHEREAS, the Miami Planning Advisory Board, at its meeting on April 15, 2009, following an
advertised public hearing, adopted Resolution No. PAB-*-* by a vote of - to - (-), item No. P.2,
recommending approval with conditions of the Substantial Modification to a Major Use Special Permit
Development Order as set forth; and
Cite of Miami Page I of 12 Printed On: 41812009
File Number: 06-01242mm
WHEREAS, the City Commission deems it advisable and in the best interest of the general
welfare of the City of Miami to issue a Substantial Modification to a Major Use Special Permit
Development Order as hereinafter set forth;
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 Substantial Amendment to Major Use Special Permit Development Order,
incorporated within, is approved subject to the conditions specified in the Development Order, per
Article 9, 13, 17 and 22 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the
APPLICANT, at approximately 1050 NW 14th Street, Miami, Florida, more particularly described on
"Exhibit A," attached and incorporated.
Section 3 The PROJECT is approved for the construction of a Mixed Use 21 Story
Building with approximately 81,527 square feet of Office space (parking liner), approximately 466,985
square feet of General Office space, approximately 16,988 square feet of Retail floor area, and 2,940
square feet of Common Area at ground floor. The proposed project will provide 1,456 off-street
parking spaces. The 21 Story Building will have a maximum height of 299 feet 11 inches A.G.L. (309
feet 11 inches N.G.V.D.) at top of roof stair enclosures; 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 G/I (Government and Institution) with
an SD -10 (Jackson Memorial Hospital Medical Center Overlay District), and SD -19 (Designated F.A
R. Overlay District) zoning classification 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:
1) Site and Urban Planning:
Design Review Criteria Applicability Compliance
(1) Respond to the physical contextual Yes Yes
environment taking into consideration
urban form and natural features;
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File Number: 06-01242mm
(2) Siting should minimize the impact Yes Yes
of automobile parking and driveways
on the pedestrian environment and
adjacent properties;
(3) Buildings on corner lots should Yes Yes
be oriented to the corner and public
street fronts.
II) Architecture and Landscape Architecture:
Design Review Criteria
Applicability
Compliance
(1) A project shall be designed to
Yes
Yes
comply with all applicable landscape
ordinances;
(2) Respond to the neighborhood
Yes
Yes
context;
(3) Create a transition in bulk and
Yes
Yes
scale;
(4) Use architectural styles and detailsYes Yes*
(such as roof lines and fenestration),
colors and materials derivative from
surrounding area;
(5) Articulate the building facade Yes Yes*
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity
III) Pedestrian Oriented Development:
Design Review Criteria
(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.
IV) Streetscape and Open Space:
Applicability Compliance
Yes Yes*
Yes Yes
Yes Yes
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File Number: 06-01242mm
Design Review Criteria
(1) Provide usable open space that
allows for convenient and visible
pedestrian access from the public
sidewalk;
(2) Landscaping, including plant
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
V) Vehicular Access and Parking:
Design Review Criteria
(1) Design for pedestrian and
vehicular safety to minimize conflict
points;
(2) Minimize the number and width
of driveways and curb cuts;
(3) Parking adjacent to a street front
should be minimized and where
possible should be located behind
the building;
(4) Use surface parking areas as
district buffer.
VI) Screening:
Design Review Criteria
(1) Provide landscaping that screen
undesirable elements, such as
surface parking lots, and that
enhances space and architecture;
(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
Applicability Compliance
Yes Yes
Yes Yes*
Applicability Compliance
Yes Yes*
Yes Yes
Yes Yes
Yes Yes
Applicability Compliance
Yes Yes*
Yes Yes
City of Miami Page 4 of 12 Printed On: 41812009
File Number: 06-01242mm
from the street front they should be
situated and screened from view to
street and adjacent properties;
(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.
VII) Signage and Lighting:
Design Review Criteria
(1) Design signage appropriate for
the scale and character of the project
and immediate neighborhood;
(2) Provide lighting as a design feature
to the building facade, on and around
landscape areas, special building or
site features, and/or signage;
(3) Orient outside lighting to minimize
glare to adjacent properties;
(4) Provide visible signage identifying
building addresses at the entrance(s)
as a functional and aesthetic
consideration.
Yes
Applicability
Yes
Yes
Yes
Yes
VIII) Preservation of Natural Features:
Design Review Criteria Applicability
(1) Preserve existing vegetation and/or Yes
geological features whenever possible.
IX) Modification of Non conformities:
Design Review Criteria Applicability
(1) For modifications of nonconforming Yes
structures, no increase in the degree
of nonconformity shall be allowed;
(2) Modifications that conform to Yes
current regulations shall be designed
Yes
Compliance
N/A**
N/A**
N/A**
N/A**
Compliance
N/A
Compliance
N/A
N/A
City of Miami Page 5 of 12 Printed On: 41812009
File Number: 06-01242mm
to conform to the scale and context of
the nonconforming structure.
*Compliance is subject to conditions.
**Not applicable at this time, subject to review and approval.
d. 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).
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 Substantial Modification to the Major Use Special Permit;
(4) the PROJECT will efficiently use necessary public facilities;
(5) the PROJECT will not negatively impact the environment and natural resources of
the City;
(6) the PROJECT will not adversely affect living conditions in the neighborhood;
(7) the PROJECT will not adversely affect public safety;
(8) based on the record presented and evidence presented, the public welfare will be
served by the PROJECT; and
(9) 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 Substantial Modification to the 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 Substantial Modification of a Major Use Special Permit, which
was submitted on September 10, 2008, 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 Substantial Modification to 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
City of Miami Page 6 of 12 Printed On: 41812009
File Number: 06-01242mm
Development Order which shall remain in full force and effect.
Section 12 The provisions approved for this Substantial Modification to a Major Use
Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption
of the Resolution.
Section 13 This Substantial Modification to a 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 5, 9, 13, 17 and 22 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
Substantial Modification to the Major Use Special Permit for CIVICA TOWER project (06-001242mm),
(hereinafter referred to as the "PROJECT") to be located at approximately 1050 NW 14th 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 Substantial Modification to a 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 1050 NW
14th Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 3.26± acres
and a net lot area of approximately 1.82± 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 a Mixed Use 21 Story Building with approximately 81,527 square
feet of Office space (parking liner), approximately 466,985 square feet of General Office space,
approximately 16,988 square feet of Retail floor area, and 2,940 square feet of Common Area at ground
floor. The proposed project will provide 1,456 off-street parking spaces. The 21 Story Building will have
a maximum height of 299 feet 11 inches A.G.L. (309 feet 11 inches N.G.V.D.) at top of roof stair
enclosures; providing for certain floor area ratio ("FAR") bonuses.
The Substantial Modification to a Major Use Special Permit Application for the PROJECT also
encompasses the following lower ranking Special Permits:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701 Definition (8), and
City of Miami Page 7 of 12 Printed On: 41812009
File Number: 06-01242mm
ARTICLE 9, Sec. 914, Increased Development Bonus, to allow an increase of twenty (25) percent
additional 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
Requests:
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 610.3.1, Class II Special Permit, to
allow 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
allow medical uses, introduction of new medical uses and/or expansion of medical use in SD -10
district;
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 610.6.1, Class II Special Permit, to
allow 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
Miami 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
Miami 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
City of Miami Page 8 of 12 Printed On: 41812009
File Number: 06-01242mm
on public rights-of-way with referral to Public Works Director;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub -Section 908.2, Access, to
allow 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,
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 906.9, 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 ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-street
offsite 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
Government and Institutional, Temporary Signs (3) , to allow temporary development signs;
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;
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
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 9, 13, 17 and 22 of Zoning Ordinance No. 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.
The PROJECT shall be constructed substantially in accordance with plans and design
schematics on file prepared by Siskind, Carlson & Partners, dated on August 25, 2008; the landscape
City of Miami Page 9 of 12 Printed On: 41812009
File Number: 06-01242mm
plan shall be implemented substantially in accordance with plans and design schematics on file
prepared by Urban Resource Group, Division of Kimley-Horn and Associates, dated on February 24,
2009; 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 current G/I (Government and Institution)
with SD -10 (Jackson Memorial Hospital Medical Center Overlav District) and SD -19 (Designated F.A
R. Overlay District) zoning classification, as contained in the Zoning Ordinance, the Zoning Ordinance
of the City of Miami, Florida, as amended. The current comprehensive plan future land use designation
on the subject property is Major Institutional - Public Facilities - Transportation and Utilities.
r.nr\in1T1n1\1c
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.
2) Allow the Miami Police Department
Department, and to make recommendations
submit a report to the Planning Department,
how the Police Department recommendations,
security and construction plans, or demonstrate
are impractical.
to conduct a security survey, at the option of the
concerning security measures and systems; further
)rior to commencement of construction, demonstrating
if any, have been incorporated into the PROJECT
to the Planning Director why such recommendations
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
City of Miami Page 10 of 12 Printed On: 41812009
File Number: 06-01242mm
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.
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 byhe Planning Director, the applicantshall
meet the following conditions, prior to the issuance of the building permit: a) The removal of the
balconies from the garage and tower elevations has a substantial effect on the look of the building
and is unacceptable. Please re-establish these balconies on all facades; b) Compliance, prior of TCO
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 comments the City of Miami Public Works provided a review of the project with
the ollowing steet 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.
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
City of Miami Page 11 of 12 Printed On: 41812009
9) In so far as this
Substantial Modification to a 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 byhe Planning Director, the applicantshall
meet the following conditions, prior to the issuance of the building permit: a) The removal of the
balconies from the garage and tower elevations has a substantial effect on the look of the building
and is unacceptable. Please re-establish these balconies on all facades; b) Compliance, prior of TCO
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 comments the City of Miami Public Works provided a review of the project with
the ollowing steet 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.
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
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File Number: 06-01242mm
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 efficiently use necessary public facilities; and
(4) the PROJECT will not negatively impact the environment and natural resources of the City;
and
(5) the PROJECT will not adversely affect public safety; and
(6) the public welfare will be served by the PROJECT; and
(7) 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.
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 12 of 12 Printed On: 41812009
i EXHIBIT "A"
1
O
LEGAL DESCRIPTION
A parcel of land lying in the Northwest Quarter of Section 35, Township 53 South,
Range 41 East, Miami -Dade County, Florida, being more particularly described
as follows:
Commence at the Northeast corner of the Northwest Quarter of the Southeast
Quarter of Section 35, Township 53 South, Range 41 East, Miami -Dade County,
Florida; thence run South 88° 10'09" West along the North boundary of the
Southeast Quarter of said Section 35, a distance of 248.00 feet to a point; thence
run South 01° 49' S1" East a distance of 35 feet to the Northeast corner of Tract
D, FIRST ADDITION TO MEDICAL CENTER, according to the Plat thereof, as
recorded in Plat Book 113, Page 69, of the Public Records of Miami -Dade
County, Florida, said corner being the Point of Beginning of the parcel of land
Hereinafter to be described; thence continuing on the last described course along
the Easterly boundary of said Tract D, a distance of 70.21 feet to a point of
deflection, thence run North 88° 10' 09" East, a distance of 20.00 feet to a point
of deflection; thence run South'01' 49' 51" East along the Easterly boundary of
said Tract D, a distance of 48.62 feet to the point of intersection with the
Northwesterly Limited Access Right of Way recorded in Plat Book 81, Page 83,
of the Public Records of Miami -Dade County, Florida; thence run South 560 23'
19" West along the last described line, a distance of 78.22 feet to a point of
deflection; thence continuing along said Northwesterly Limited Access Right of
Way boundary run South 58° 34' 50" West a distance of 98.86 feet to a point of
deflection; thence continuing along said Northwesterly Limited Access Right of
Way boundary run South 60° 32' 47" West, a distance of 237.01 feet to the
Southwest corner of said Tract D; thence run North 01' 49' 51" West along the
West boundary of said Tract D, a distance of 318.73 feet to the Northwest corner
thereof; thence run North 88° 10' 09" East along the North boundary of said Tract
D, being along the Southerly right of way boundary of NW 14th Street, a distance
of 342.45 feet to the Point of Beginning.
ALSO described as:
Tract D of FIRST ADDITION TO MEDICAL CENTER, according to the Plat
thereof, as recorded in Plat Book 113, Page 69, of the Public Records of Miami -
Dade County, Florida.
Rev. 09-04-07 7
MIAMI 1627360.2 7446130945
EXHIBIT "B"
CIVICA TOWER AT THE HEALTH DISTRICT
PROJECT DATA SHEET (1 OF 2)
SITE DATA
ZONING DISTRICT
G/! Government- Institutional/ SD -10 -SD-19 Overlay
NET LOT AREA (NLA)
79,115 SF = 1.82 ACRES
GROSS LOT AREA (GLA)
142,110 SF = 3.26 ACRES
REQUIRED /ALLOWED
REQUIRED/ALLOWED
PREVI 0 US APPROVED M USP
PROVIDED
OPEN SPACE (SD -10 Sect, 610,2)
10% OF GROSS LOT AREA (AS PER SD -10)
142,110
x
0.1
14,211 SF
15,0-75 SF
16,895 SF
FOOTPRINT (S.F.) (SD -10 Seel. 610.2)
0.60 TIMES GLA MAXIMUM
142,110
M
0.6
95,266 SF
82,170 SF
62,220 SF
BUILDING DATA
REQUIRED I ALLOWED
REQUIRED /ALLOWED
PREVIOUS APPROVED MUSP
PROVtDE0
BASE FAR (Requesting SID -19)
3.20 % GLA
32
X
142,110
454,752 SF
454,752 SF
454,752 SF
AFFORD. HOUSING BONUS 2$%
0.25 X FAR =
25%
X
454,752
113,688 SF
113,688 SF
113,688 SF
20% PUD
0.20 X FAR -
20%
X
454,752
90,950 SF
9D,775 SF
0 SF
TOTAL FAR
659,390 SF
659,215 SF
568,440 5F
SITE FRONTAGE
PREVIOUS APPROVED MUSP
PROVIDED
836 ExPW
342'-5"
342'-5"
NW 14 th STREET
413'-11"
413'-1T'
BUILDING HEIGHT
REQUIRED /ALLOWED
PREVIOUS APPROVED MUSP
PROVIDED
OFFICE TOWER
UNLIMITED
300
RESIDENTIAL TOWER
UNLIMITED
260
PARKING STRUCTURE
UNLIMITED
280
300
EXHIBIT "B"
CIVICA TOWER AT THE HEALTH DISTRICT
PROJECT DATA SHEET (2 OF 2)
SUILDTNG SET8ACKS (SD -10 Sect. 610.2)
REQUIRED ALLOWED
PREVI OU 5 APPROVED MUSP
PROVIDED
FRONT: NW 14th STREET
10`--0"
101-0"
101-0"
SIDE: EAST
No setback required or the same as the abutting district, whichever is greater
101-0"
1(7-0"
REAR, STATE ROAD 836
10'-0" or the same as the abutting district, whichever is greater
10'-O"
IQ' -0"
SIDE: WEST
No setback required or the same as the abutting district, whichever is greater
10'-0"
101-0"
PROJECT FAR PROGRAM SUMMARY
PREVIOUS APPROVED MUSP
PROVIDED
RETAIL
14,655 SF
16,988 SF
HOTEL
253,733 SF
0 SF
OFFICE
350,827 SF
551,452 SF
TOTAL
659,215 SF
568,440 Sr
OFFSTREET PARKING (BASED ON FAR)
REQUIRED AS PER SEC 610,4
REQUIRED /ALLOWED
PREVIOUS APPROVED MUSP
PROVIDED
OFFICE
ISPACE PER EDD SF 551,452 080D
690 SPACES
RETAIL
1 SPACE PER 800 SF 16,588 ,1800
22 SPACES
TOTAL
712 SPACES
METRORAIL PROXIMITY BONUS
712 Total parking spaces required - 10% reduction as per5ect. 914.2
641 SPACES
873 SPACES
1,4557 ACES
OFFSTREET LOAD
REQUIRED
REQUIRED /ALLOWED
PREVIOUS APPROVED MUSP
PROVIDED
558,440 SF
(4 UP TO 500,OD0 SF t 1 PER EA. ADD'L.500,000 SF) 5
5 LOADING BAY
(4 @ I2'x35')
(4 @ 12'x35')
(1 @ 12'x5S')
(1 @ 12'x35')
Class II Permit