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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 NW f15TWST Z NW 14TH ST FUTURE LAND USE MAP NW 101H51 Q H rn Z NW 14TH TER Q Q = J 2 0 T 2 Z Z 60 �3 MAJOR INSTITUTIONAL, Q -I _ PUBLIC FACILITIES TRANSPORTATION AND UTILITIES z OFF �R 836 O bol 5 830 RESTRI ED COMMERC I S I'll i HIGH DENSITY MULTIFAMILY RESIDENTIAL Q NW 13TH STs H rn ,y z �y S,, NW 1 0150 300 600 Feet ADDRESS: 1050 NW 14 Street ZONING ATLAS MAP NWI15TH ST NW 15.TH_SOT Q / z H cl �rn , z NW 14TH TER z NW 14TH ST g� i�" E"QA 36 szp 395 i NW 13TH'STs H rn C-1 NW 1 0 150 300 600 Feet ADDRESS: 1050 NW 14 Street NW 15TH ST m _ ,r ` IVVV 15T►� STAT, _ - 6C1�.� elf 0 14 `4 I N •� f I L� z N14TH TER Q , C z: NW 14TH ST F S� `3q;b Q s yu NW 13TH STs SR836 OF � r, Ye 2� O� 36 O ; . O O NW 12TH ST' ti 0150 300 600 Feet ADDRESS: 1050 NW 14 Street Projects in the Vicinity Civica Tower. File ID #:06-01242mm �d7 hL WA XW 14 r. .1VJL 4 JL s o 1 3TH ST �+ — r , i s SR9d ! �-.ti5•" -.� _ di .,,:..�' ^' ., +.. .� ., "• k. 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: f V C-) ENCLOSURES: I=M W rn 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 C I T Y Absent O F ❑ X111. I A M I P L A N N I N G D E P A R T M E N T 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; City of Miami Page 2 of 12 Printed On: 41812009 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 City of Miami Page 3 of 12 Printed On: 41812009 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 City of Miami Page 11 of 12 Printed On: 41812009 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