HomeMy WebLinkAboutI.I. Prior Approved ResolutionsI Il111111111 !lIII Iilll VIII IIlII III11 Illi i!!I
CFH 2007RI3649275 OR 9K. 25741 P9s 1302 - 1345; U4pesY.
RECORDED 06/28/2007 15146:08
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��°°►► NA UF�Y��UVINr,CLERY. OF GOUR.Tr hiIAtII-DADS Co>4%h FLORIDA
V 1 m L��i 3540 Pan American Drive
JA" �: Miami, FL 33133
Certified ied Copy/ www.miemigov:com
File Number, 06-01242mu Enactment Number. R-0"735
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT
PURSUANT T ARTICLES 5, 9,13 AND 17 OF ZONING ORDINANCE NO.
1100D, AS AM NDED, FOR THE CIVICA TOWERS PROJECT, TO BE LOCATED
AT:APPROXI TELY 1050 NORTHWEST 14TH STREET, MIAMI, FLORIDA, TO
CONSTRUCT N APPROXIMATE 280 -FOOT, 25 -STORY HIGH MIXED-USE
DEN (ELOPTTO BE COMPRISED OF APPROXIMATELY 390,827 SQUARE
FEET OF OFFME CE SPACE; APPROXIMATELY 14,655 SQUARE FEET OF
RETAIL SPAC(; APPROXIMATELY 430 HOTEL ROOMS; AND
Af'PROXIMAT LY 837 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN
FLOOR AREA TIO CFAR") BONUSES; DIRECTING TRANSMITTAL; MAKING
FINDINGS OF ACT AND STATING CONCLUSIONS OF LAW;. PROVIDING FOR
FINDING EFF CT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on June 0, 2006, Javier F. Avino, Esquire, on behalf of Miami Hotel Investments,
Ltd. (referred to as "APPLICANT'), submitted a complete Application for Major Use Special Permit for
Civiea� Towers (referred �to as "PROJECT') pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance
No. 11000, for the prope les located at approximately 1050 NW 14th Street, Miami, Florida, as legaily
described in "Exhibit A", ttached and incorporated; and
WHEREAS, .developiment of the Project requires the issuance of a Major Usd Special Permit
pursuant to Article 17 0� Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, the Laroe Scale Development Committee met on May 17, 2006 to consider the
proposed project and offer its input;. and
WHEREAS, .the Urb n Development Review Board met on June 21, 2006, to consider the
proposeed project and MC6mmended_APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on October 18, 2006 Item No.
2, following an advertised public hearing, adopted Resolution No. PAB 06-087 by a vote of seven to
zero (7-0), recommendin6 APPROVAL with conditions as presented in the Major Use Special Permit
Development Order as attiached and incorporated; and
WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare
of the City of Miami to issue 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 recifals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
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Section 2, A Major Use Special Permit Development Order, incorporated within, is approved
subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No.
11000, for the project tb be developed by the Applicant, located at approximately 1050 NW 14th
Street, Miarni, Florida, rrlore particularly described on "Exhibit A," attached and incorporated.
Section 3. The *0JECT is approved for the construction of an approximate 280 -foot, 25 --story
high mitred use structure to be comprised of approximately 390,827 square feet of office space;
approximately 14,655 square feet of retail space; approximately 430 hotel rooms; and approximately
837 total parking spacesr 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 PeFFmmits as set forth in the Development Order.
Section 5, The fiQdings 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 (Govemment and Institutional) w! SD -10
(Jackson Memorial Hospital Medical Center Overlay and SD -19 Designated F.A.R. Overlay District,
F.A.Ft.. of 3.2) zoning cla4sification of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of
Miami,. Florida, as amend.
G. Pursuant to SIT!
ction 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT that have beech found by the .City Commission (based upon facts and reports prepared or
submitted by staff or otheF) to adhere to the following Design Review Criteria subject to the any
applicable conditions in the Development Order herein:
D.I=SIGN REVIEW CRITEBIA APPLICABILITY COMPLIANCE
LZjite Arid Urban Planning
(1) Respond to the physical Yes. "Yes.
contextual environment taking
into consideration urban firm
and natural futures;
(2) Siting should minimizeahe Yes. *Yes.
impact of automobile parking
and driveways.on the pedestrian
environrnent and adjacent
properties; .
(3) Buildings on comer lots Yes. *Yes.
should be oriented to the gomer
and public. street fronts.
ftecture and Landscape Arrahitectdre:
(1) A protect shall be designed Yes. "Yes.
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood Yes. "Yes.
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File Number: 06-01242mu Enactment Number: R-WO735
context;
(3) Croate a transition in bulk Yes. *Yes.
and scale;
Use architectural styles Yes. *Yes.
and details (such as roof lines
and fenestration), colors and
materials derivative from
surrounding area;
(5) Articulate the buildinq facade Yes, *Yes.
vertically and horizontally in
interwils that confon-n to the
existing structures in the :vicinity.
lestrian Oriented DevelopLn
,ent:
(1) Promote pedestrian:
Yes. *Yes.
interaction;
(2) Design facades that
Yes. *Yes.
respond primarily 16 the
human scale;
(3) Provide active, not blank
Yes. *Yes.
-fac6dos. Where blank WAS
are unavoidable, they should
receive design treatment.
1,etscape'and open Spagg:
(1) Provi * deusable open space
Yes. *Yes.
that allow.s, for, convenlent;and
visible pedestrian access from
the. PLIbliC sidewalk;
(2) Lnndspaping, including plant -
Yes- *Yes.
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated: to
enhance the project.
icular Access. and Parking:
(1) Design for pedestrian and Yes. *Yes.
vehicular safety to minimize
conflict paints;
(2) Minimize the number and Yes. *Yes,
width of driveways and curb
cuts;
(3) Parking adjacent to a street Yes, *Yes,
front should be minimized and
where possible should be
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located behind the buildihg;
(4) Use surface parking 6reas Yes. *Yes.
as district buffer.
Leldbg�
(1) Provide landscaping that Yes. *Yes,
screen undesirable elements,
such as surface parking. lots,
and that enhances space and
architecture;.
(2) Building sites should locate Yes. *Yes.
service elements like trash
dumpster, loading docks,; and
mechanical equipment a*ay
from street front where p$ssible,
When elements such as
dbmpsters, utility meters,
mechanical units and service
areas cannot be located 6way
from the street front they phou[d
be situated and screened from
view to street and adjaceM
properties.,
(3) Screen par -king garage Yes. *Yes.
structures with I :
program vies,
Where program uses are Pot
feasible soften the garage
structure with trellises,'
landscaping, and/or other
suitable design element.
inage and Ljgt!tjM
(1) Design signage appropriate Yes. 'Yes.
for the scale and aharactO of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes. "Yes.
feature to the building facaide,
on and around landscape
areas, special building or
sitef6atures, and/or.signage;
(3) Orient outside lighting to Yes. *Yes.
minimize glare to adjacent
pr6p,iarflies;
(4) Provi& visible signage Yes. *Yes.
identifi/ing building addresses
at the entrance(s) as a
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functional and aesthetic
consideration.
eservation of Natural Features:
(1) Preserve existing vegetation
and/or geological features
whenever possible,
Jificationi of NonconformRies:
(1) For modifications of
nonconforming structure,
no increase in the degree of
nonconformity shall be
allowed;
(2). Modifications that.conform
to'current regulations shall be
designed to conform to ttie scale
and context of the nonconforming
structure_
Yes
*Compliance is subject to conditions.
Yes.,
Yes
*Yes.
*Yes.
*Yes.
These findings .have been made by the City Commission to approve this project with conditions
d. The PROJECT is � xpected to cost approximately $209,222,103, and to employ approximately
386 workers during constiuction (FTE=Full Time Employees); The project will also result in the creation
of approximately 30 permiinent new. jobs (FTE) for building operations and will generate approximately
$1,894,609 annually in taX revenues to the City (2006 dollars).
e, The City Commiss)on further finds that:
(1) the PROJECT Will have a favorable impact on the economy of the City;
(2) the PROJECT !Hill efficiently use public transportation facilities;
(3) any potentially ,adverse effects of the PROJECT will be mitigated through compliance with
the conditions of this Maj4 Use Special Permit;
(4) the PROJECT 611 favorably affect the need for people to find adequate housing reasonably
accessible to their places,�f employment;
.(b) the PROJECT 4+vill efficiently use necessary public facilities;
(6) the. PROJECT will not negatively impact the environment and natural resources of the City;
(7) they PROJECT,01 not adversely affect living conditions in the neighborhood;
(8) the PROJECT *11 not adversely affect public safety;
(0) based on the reicord presented and evidence presented, the public welfare will. be served by
the PROJECT; and
(10) any potent4ily adverse effects of the PROJECT. arising from safety and security, fire
protecaion and life safety,;solid waste, heritage conservation, trees, shoreline development, minority
participation and employment, and'minority contractor/subcontractor participation will be mitigated
through compliance with the conditions of this Major Use Special- Permit.
Qeactson 6, The Major Use Special Permit, as approved and amended, shall be binding upon
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the APPLICANT and any successors in interest.
Section 7. The a plication for Major Use Special Permit, which was submitted on June 9, 2006,
and on file with the Planting 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 attadhment to the APPLICANT.
Section 9. The Findings of fact and Conclusions of Law are made with respect to the Project
as described in the Devdlopment Order for the PROJECT, incorporated within.
Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and
issued.
Section 11. In the event that any portion or section of this Resolution or the Development Order
is determined to be invalid, illegal, or unconstitutional by acourt or agency of competent jurisdiction,
such decision shall in nb manner affect the remaining portions of this Resolution. or Development
Order which shall remain`• in full force and effect.
Section 1.2.. The p(ovislons approved for this Major Use Special Permit, as approved, shall
commence and become operative thirty (30) days after the adoption of the Resolution.
Section 13: This Nj�jor Use Special Fermif. as aapr�
commencement,and opeKative dat6 e ,
Section 1.4. - This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. f1}
DEVEI..OPI TENT ORDER
Let I be known hat pursuant to Articles 5, 9, 13 and 17 of Ordinance No. 11000, the
Ordinance of the City. of f�ami, Florida, as amended (the "Zoning Ordinance"), the Commission of the
Miami, Florida, has consiklered in a public hearing, the issuance of a Major Use Special Permit for
Towaim (hereinafter referred to as the "PROJECT') to be located at approximately 1050 NW 14th
Miami, Floridsi (see legal description on "Exhibit A", attached and incorporated), is subject to any dedic
limitations, restrictions,. reservations or easements of record.
After due conside*ion of the recommendations of the Planning Advisory Board and after due
consideration of the consi4tency of this proposed development with the Miami Comprehensive
Neighborhood Plan, the Chy Commission has approved the PROJECT, and subject to the following
conditions approves the M6jor 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
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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 an approximate 280 -foot, 25 -story high mixed use structure to be
comprised of approximately 390,827 square feet of office space; approximately 14,655 square feet of
retail space; approximately 430 hotel rooms; and approximately 837 total parking spaces; providing for
certain floor area ratio ('*AR") bonuses.
The Major Use SpecW Permit Application for the PROJECT also encompasses the following lower
ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERMIT, asper ARTICLE 17, Section 1701. Definition (8) and ARTICLE 9,
Section. 914, Sub -Se' 914.1 Dwelling unit, square footage, and off-street parking bonuses for
contribution to Affordable Housing Trust Fund; exceptions, to allow an increase up to twenty (25)
percent of additional floor area as a development bonus of approximately 113.686 square feet the
user shall make a non-refundable bonus developer contribution of an amount of $1,409,731.20 to
the Affordable Housirjg Trust Fund administered by, the Cityof Miami;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (9) and ARTICLE 5,
Sect. 602. PUD dis ricts; minimum area, maximum densities and maximum floor. area ratios
permitted (a)(c), to +w up to 20 % increase of floor area ratio, for an increase of approximately
90,954 square feet of. floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section .1701, Definition (2), to allow a
non-residential devel6pment involving in excess of two hundred thousand (200,000) square feet of
floor area;
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 -sheet parking spaces;
WJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (3), for hotels
involving in excess ofthree hundred fifty (350) rooms;
MAJOR USE SPEC,, tL 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;
This Major Use Special Permit encompasses the following Special Permits and requests:
CLASS II SPECIAL PtIRMITS
CLASS ll SPECIAL PLRMIT, as per ARTICLE. 6, Section 610.3.1, Class II Special Permit, to allow
erection of any new building in SID -10 district;
CLASS 11 SPECIAL PERMIT, as per ARTICLE 6, Section 610.0. (3), Conditional principal and
access uses, to allow a restaurant open to the outside as a component of a mixed-use
development in SD -10 -district;
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CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub -Section 908.2, Access, to allow
driveways of width grleater than 25 feet in this case a driveway width of 29 feet 6 inches;
CLASS I SPECIAL PERMITS
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, Sub -Section 905.9. Temporary
special. events; special permits; criteria, to allow temporary carnival, festival, fair or similar type
event on privately owhed or City -owned land such as a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 816, Sub -Section 916.2.1. Temporary
special event parking, to allow parking for temporary special event such as ground breaking
caremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub=Section 918.2. Temporary
off-street offsite parking for construction crews, criteria, to allow temporary off-street offsite parking
for constriction crews working on a commercial -residential project under construction;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub -Section 920.1.2. Limitations on
occupancy of mobileihomes, to allow parking of mobile homes, trailers or manufactured homes,
When authorized for'security or other purposes in connection with '.land development such as
construction trailer(s)..and other temporary construction offices such as watchman's quarters,
Ieasing.and sales cenrters;
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 constru.ctlonequipment exceeding the sound level of a reading of 0,79 weighted average
dBA at anytime and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all
the applicable -criteria;
REQUEST for applicable. MUSP conditions to be satisfied at the time of Shell Permit instead of at
issunnce of Foundation Permit:
a) The requirement to record in the Public Records a Declaration of Covenants and Restrictions
providing that the ownership, operation and maintenance of all common areas and facilities will be 'by
the propoity owner or a mandatory property owner association; and
b) TVie requirement to record in the Public Records a unity of title or covenant in lieu of unity of title.
Pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use
Special Permit shall be gonsidered sufficient for the subordinate permits requested and referenced
abova 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
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file prepared by Borges i& Associates, signed and dated June 25, 2006; the landscape plan shall be
implemented substantially in accordance with plans and design schematics on file prepared by Kmley
Nom & Associates, sighed and dated June 6, 2006; said design and landscape plans may be
permitted to be modifie6 only to the extent neces8ary 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.
The PROJECT conforms to the requirements of the proposed G/I (Government and Institutional) w/
SDA0 (Jackson Memorial Hospital Medical Center Overlay and SD -19 Designated F.A.R. Overlay
District, F.A.R. of 3.2) :Zoning classification, as contained in the Zoning Ordinance, the Zoning
Ordinance of the City of Miami, Flo(da, as amended. The proposed comprehensive plan future land
use designation on the subject property allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY,
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE
FOLLOWING:
1) Mee! all applicoble building codes, land development regulations, ordinances and other laws
and pay all applicable fees due prior to the issuance of a building permit including the required
Affordable Housing Trust`fund contribution of $12,40 per square foot for any applicable FAR increase
sought under those provi�lons.
2) Allow the Miami Police Department to conduct a security survey, at the option of the
pepartment, and to make recommendations concerning security measures and systems; further
submit a rep oit 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 c.anstruction'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
APPLICANTS coordinaOn 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.
A) 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 pEerroit.
5) Comply with the Minority Participation and Employment Plan fincWdMg. ,„a
Development Approval, with the understan m a -APPLICANT m s st efforts to follow
the I Ovis°Ms o e m s anon omen 8usiriess Affairs and Procurement Program as a uide,
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
Restric.6ons providing that the ownership, operation and maintenanc3 of all common areas and
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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 d4velopment order, and further, an executed, record able unity of title or
covenant in lieu of unity (plf 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 a6 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 fu� compliance with the provisions of the submitted construction plan; failure to
comply may lead to a suspension or revocation of this Major Use Special Permit.
9) In so far as thip Major Use Special Permit includes the subordinate approval of a series of
Class 1 Special Permits 1 for which specific details have not yet been developed or provided, the
applicant shallprovide th Planning Department with all subordinate Class l Special Permit plans and
detailed requirements fo final review and approval of each one prior to the issuance of any of. the
subordinate approvals equired in order to carry out any of the requested activities and/or
improvements listed in thils development order or captioned in the plans approved by it.
10) If the project l is to be developed in phases, the Applicant shall submit an interim plan,
including a landscape pt
n, which addresses design details for the land occupying future phases of
this Project in the event t at the future phases are not developed, said plan shall include a proposed
timetable and shall be su ject to review and approval by the Planning Director.
11) Pursuant to d 'sign related comments received by the Planning Director, the applicant shall
meet the following conditions: (a) Provide a more random pattern of stucco panels along the south
elevation, in keeping with.the design spirit of the building, (b), Garage lights shall not be visible through
the metal louver treatment; (c) Commercial messages shall not be used in the art images. along the
parking podium; (d) Provide additional details of the paver materials and colors to be used in the public
plazas and vehicular dropF-offs.
12) Pursuant to mments by the City of Miami Public Works Department, the following
conditions shalt be requif ci of the applicant: (a) Re lattin of the tract of land is re uired to close and
vacate the utility easeme ts; and the followingstreet im rovemen s sha r, (b) NW 14th
creel ep az e a amalged sidewalk curb and gutter adjacent to the project site. Mill and resurface
the entire width, curb to durb, adjacent to the project site and the intersection of NW 14th Street and
NW 111th Avenue.
13) Prior to the isquance of a building permit, the applicant shall submit a letter of approval of
the proposed height from the Miami -Dade County Aviation Department. If no such approvals are
granted, the height of thej proposed project shall be reduced to those heights referenced in the letter
from Miarni-Dade Aviation to the Planning Department dated May 1, 2006.
14) A development bonus to permit a mixed use of 113,688 square feet of floor area shall
require a non-refundable 'payment to the Affordable Housing Trust Fund of an amount of $12.40 per
square foot for a total of $%409,731.20.
15) Within 90 days of the effective date of this Development Order, record a certified copy of
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the Development Order specifying that the Development Order runs with the land and is binding on the
Applicant, its successorsi 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.
CONCL.USIOFLAW
ThROJECT,prop sed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, as a ended, is consistent with the orderly development and goals of the City of
Miami, and complies with local land development regulations and further, pursuant to Section 1703 of
the Zoning Ordinance:
(1)
the PROJECT
will have a favorable impact on the economy of the City; and(2) the
PROJECT
will efficiently us public transpotation facilities; and
(3)
the PROJECT
will favorably affect the need for people to find adequate. housing
reasonabl
accessible to their places of employment; and
(4)
the PROJECT
will efficiently use necessary public facilities; and
(5)
the PROJ
CT will not negatively impact the environment and natural resources of the
City; and
(6)
the PROJ CT will not adversely affect public safety; and
(7)
the public
ifare will be served by the PROJECT; and
(8)
any potent
Ily adverse effects of the PROJECT will be mitigated through conditions of
this Major
se Special Permit_
The! proposed. deveiof'ment does not unreasonably interfere with the achievement of the objectives
of the adopted State Land Development Plan applicable to the City of Miami.
Date: DECEMBER 14,20 06
Mover: CHAIRMAN GONZALEZ
Seconder: 'COJWlM I0NER SPENCE-JONES
Vote: AYES: 51- COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ, REGALADO AND
SPENC�-JONES
n:
ActioADOPT 13
Date:
Action:
City of"kirm
DECEMOER 18, 2006
SIGNEDIBY THE MAYOR
Nage 11 of 12
R-a"73S
Boo1k25741JPa9e1342 CFN#20070649275 Pace 11 ®f 14
File Number. 06-01242mu Enactment Number: R4)&0735
I, Priscilla A. Thompson, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do
hereby certify that this constitutes a true and correct copy of Resolution No. R-06-0735, with
attachments, passed by he City Commission on 12/14/2006.
41
Deputy Clork (for K A. Thompson, . City Claris)
June 27, 2007
Date Certified
{1} If the Mayor does not ign this Resolution, it shall become effective at the end of ten calendar days
from thie date it was pass�d and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon ovemd� of the veto by the City Commission.
Page 12 of 12 --- - — R-06-0735
F ook25741/Pagel 343 CFN# 20070649275 Page 12 of 14
BOOK 257-4-1 PACE 134-5
LAST FACE
EXHIBIT., "B"
Boo'k25741/Pa;go1345 'CFN#20070649275 Page; 14 of 14
r�r rf
Cit`, of Miami
City Hall
t� �w1
J
3500 Pan American
'i
Drive
Legislation
Miami, FL 33133
www.miamigov.com
Resolution: R-09-0266
File Number: 06-01242mm
Final Action Date: 5/28/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
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 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; AND 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 and incorporated; and
WHEREAS, development of the Project requires the issuance of a Substantial Modification to a
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 09-015 by a vote of seven to zero (7-0), item
No. P.2, recommending approval with conditions of the Substantial Modification to a Major Use Special
Permit Development Order as set forth; and
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
0(1, of Mtmn1 Page 1 of 12 Printed On: 6/1712009
File Number.• 06-01242mm
Development Order as hereinafter set forth;
Enactment Number: R-09-0266
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
Articles 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 the top of the 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 Gil (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(s) 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 applicable conditions in the Development Order herein:
1) Site and Urban Planning:
Design Review Criteria Applicability Compliance
(1) Responds to the physical contextual Yes Yes
environment taking into consideration
urban form and natural features;
(2) Siting should minimize the impact Yes Yes
of automobile parking and driveways
on the pedestrian environment and
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File Number: 06-01242mm
adjacent properties;
(3) Buildings on corner lots should Yes
be oriented to the corner and public
street fronts.
II) Architecture and Landscape Architecture:
Design Review Criteria
Applicability
(1) A project shall be designed to
Yes
comply with all applicable landscape
Yes
ordinances;
(2) Respond to the neighborhood
Yes
context;
(3) Create a transition in bulk and
Yes
scale;
(4) Use architectural styles and details Yes
(such as roof lines and fenestration),
colors and materials derivative from
surrounding area;
(5) Articulate the building facade Yes
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
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:
Design Review Criteria
(1) Provide usable open space that
allows for convenient and visible
Yes
Compliance
Yes
Yes
Yes
Yes*
Yes*
Applicability
Compliance
Yes
Yes*
Yes
Yes
Yes
Applicability
Yes
Yes
Compliance
Yes
Enactment Number: R-09-0266
City of miand Page 3 of 12 Printed On. 6/17/2009
He Number 06-01242mm
pedestrian access from the public
sidewalk;
(2) Landscaping, including plant Yes
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 Applicability
(1) Design for pedestrian and Yes
vehicular safety to minimize conflict
points;
(2) Minimize the number and width Yes
of driveways and curb cuts;
(3) Parking adjacent to a street front Yes
should be minimized and where
possible should be located behind
the building;
(4) Use surface parking areas as Yes
district buffer.
VI) Screening:
Design Review Criteria Applicability
(1) Provide landscaping that screens Yes
undesirable elements, such as
surface parking lots, and that
enhances space and architecture;
(2) Building sites should locate Yes
service elements like trash
dumpsters, loading docks, and
mechanical equipment away from
street front where possible. When
elements such as dumpsters,
utility meters, mechanical units and
service areas cannot be located away
from the street front, they should be
situated and screened from view to
street and adjacent properties;
Yes*
Compliance
Yes*
Yes
Yes
Yes
Compliance
Yes*
Yes
Enactment Number: R-09-0266
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File Number: 06-01242mm
(3) Screen parking garage structures Yes Yes
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
Applicability
Compliance
(1) Design signage appropriate for
Yes
N/A**
the scale and character of the project
and immediate neighborhood;
(2) Provide lighting as a design feature
Yes
N/A**
to the building facade, on and around
landscape areas, special building or
site features, and/or signage;
(3) Orient outside lighting to minimize
Yes
N/A**
glare to adjacent properties;
(4) Provide visible signage identifying
Yes
N/A**
building addresses at the entrance(s)
as a functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
Design Review Criteria Applicability Compliance
(1) Preserve existing vegetation and/or Yes N/A
geological features whenever possible.
IX) Modification of Nonconformities:
Design Review Criteria Applicability Compliance
(1) For modifications of nonconforming Yes N/A
structures, no increase in the degree
of nonconformity shall be allowed;
(2) Modifications that conform to Yes N/A
current regulations shall be designed
to conform to the scale and context of
the nonconforming structure.
Enactment Number R-09-0266
City of Miami Page 5 of 12 Printed On: 6/17/2009
File Number: 06-01242mm
*Compliance is subject to conditions.
**Not applicable at this time, subject to review and approval.
Enactment Number: R-09-0266
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, etc.
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
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
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File Number: 06-01242mm Enactment Number; R-09-0266
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 the top
of the 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
ARTICLE 9, Sec. 914, Increased Development Bonus, to allow an increase of twenty-five (25) percent
additional floor area of approximately 113,688 square feet as development bonus. The user shall
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File Number: 06-01242mm Enacdnent Number: R-09-0266
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 Four (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 ll)
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;
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File Number: 06-01242mm Enactinent Number: R-09-0266
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, to
allow temporary structures,
occupancies, and uses reasonably
necessary for construction, such as construction fences and
covered walkways. If construction is
encroaching public
property, it must
be approved by other city
departments;
CLASS I SPECIAL PERMIT, as per ARTICLE 9,
Section 906.9, to
allow a 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 a
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, to allow temporary development signs;
REQUEST for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment
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 the 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
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,
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File Number. 06-01242mm Enactment Number: R-09-0266
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.
The PROJECT conforms to the requirements of the current G/I (Government and Institution)
with SD -10 (Jackson Memorial Hospital Medical Center Overlay District) and SD -19 (Designated F.A
R. Overlay District) zoning classification, as contained in Zoning Ordinance 11000, 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,
CONDITIONS
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 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 obtaining a
shell permit.
5)
Record the following in the Public
Records of Miami -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.
6) 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, recordable 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.
7) 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
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File Number: 06-01242mm Enactment Number: R-09-0266
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.
8) In so far as this Substantial Modification to a Major Use Special Permit includes the
subordinate approval of a series of Class I and II 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 and II 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.
9) 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.
10) Pursuant to design related comments received by the Planning Director, the applicant shall
comply, prior to TCO issuance, with conditions of the sufficiency letter prepared by the City's Traffic
Consultant on Sufficiency Letter - Review #001 of December 31, 2008.
11) Pursuant to review by the City of Miami Public Works Department, the following street
improvements are regired: at N.W. 14 Street- Replace all damged sidewalk, curb and gutter
adjacent to the PROJECT site. Mil 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.
12) 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:
Estlish the operative dateof the Permit being thirty (30days 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, pursuant to Section 1703 of 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.
Cl(), of Miami Page 11 of 12 Printed On: 6/1712009
File Number.• 06-01242mm Enactment Number: R-09-0266
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
City of Miami Page 12 of 12 Printed On: 611712009
0
EXHi
LEGAL DESCRIPTION
A parcel of land lying in the Northwest Quarter of Section 35, Township 63 South,
Range 41 East, Miami -Dade County, Florida, being more pbrticularly 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 880 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' 51" 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' 5'1" East along the Easterly boundary of
said Tract D, a distance' of 48.62 feet to the point of intersection with the
Northwesterly 4imited Access Right of Way recorded In Plat Book 81, Page 83�
of the Public Records of Mlami,�Dade County, F'lorida;•thence run South 56° 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 580 34' 50" West a distance of 98,86 feet,to a- point of
deflection; thence continuing along said Northwesterly 'L,Imited 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 Miaml-
Dade County, Florida.
Rev. 09.04.07 7
MIAMI 1627300.2 7446130946
EXHIBIT "B33
CIVICA TOWER AT THE HEALTH DISTRICT
PROJECT DATA SHEET (1 OF 2)
ATA
D2STRiG
G/I GovemmcR4-Lush-futio[�9l SD-i6-SO.1Q Qveriay
TAREA NLA)
79, =-'s SF = 1.32 ACRES
LOTAREA (GLC)
1A�10 SF = 326 ACRES
REQUIRED/ALLOWED
REQUIRED/ALLOWED
j PREWO-USAPPROVED MUSP
PROVZED
SPACE(5D1DS--,910.2}
30% OF GROSS LOT AREA (-S PER SD -1W)
142,2110
X
0S
14,233. SF
16,? -45 SF
is 895 Sr
RWTIS.F.1ISD-10Sect M.2)
[ZOTAL
0.60 TIMES GIA WXVVLIM
...
. .
142--16
X
0.6
£5,265 SF
62,170 SF
62,220 SF
ING DAA
- REQUIRED I ALLOWED
REQUIRED/ALtOwED
PREVIOUS APPROVED MUSP
PROVIDED
AR (Requesting SD -IS)
330 X GLA =
33
X
1.12,110
45k 752 SF
4SV52 SF
451352 SF
D_ I-IOUSfNGBONUS 25%
013 X FAR =
25%
X
474,752
11.'''.G:>r SF
133,6.'3 SF
3.3'3.588 SF
i D
6.20 X fiC.2 =
20%
X
454,2-2
93,950 SF
90;775 SF
0 SF
FAR659,215
SF
568,430 SF
O?ZTAGE
PREVIOUS APPROVED mus?
PROVIDED
8345a(PW
APhf 24 th STREET
413'-i1"
4I3 =21"
BUILDING NEIGKr
REQUIRED /ALLOWED
_
_
PREVIOUS fiFPROVEOMUSP
PROVIDED
OFFICE T WE
UNLIMITED
RESIDENTIALTOWER
UNLIMITED
2�
PAMNGSTRUCTURE
UNLIMITED
280
3m'
EXHIBIT "B"
CIVICA TOWER AT THE HEALTH DISTRICT
PROJECT DATA SHEET (2 OF 2)
•aLidE44FIGSETBACKS (sD-1US&t6i6.23
-REQiiEREE)1A€La4YE4 - - -
PREviousAPPRoVF.DWJSP
PROVIDED
FRONT, NW14tKSTREET
IO' -'3"
10` C,
Ify-ET"
i &DeE4S•E
Nasetharkregdredorthe sameasthe abertungdishict,whsche i5&eater
10'D"
iQU
RE4R, STATE ROAD 836
10=0" or {ne same as tine aba�erg 3'ustdi t, veEicS:ever 63reRW1
sne. wEST
No setback requrrede;thesaMeasthe abatYmgd'istric wyvdieverlsgreater
PAolECFFAR PROGRAM-SFWUMRY-.
Pp—cmusAPPROVEDMUSP
PR6WD--D
REFAIL
14,555 SF
i6,?88 SF
HOTEL
-
253 733 SF
0 SF
OFFICE
394,827 SF
551452 S;-
FTOTAL
TOTAL
659,215 SF
X446 Sr_
OFFSiREETPAMaN2G BASEDONFAEl
REQi3IREDASPERSECSIG4
REOOMEDfALLOWED
PRSWL11SAPPRMrEDMUSP
PROVIDED
OFbfCE
}.SPACE PER SMSF 553,4521SGO
886 SPACES
RETAIL
1SPAC PER 800 SF 16,938 lam
22 SPACES
TOTAL
M. SPACES
METRORAILPROXMENDOW-*
:12 Total parking spaces required-10%redvcticn asperSect91-2
64Y SPACES
813 SPACES
OFPSrP.E£TLOAD_
REQEIIRED _ .5.
REQUIRED AVOWED
PREVIOUSAPPROVEDMUSP
PRDWDED
$68,440SF
L.
(4uFToSoopooSF+1PER EA. Af)EI5KCCOSF) .
� 5 LCADINGGBAY �
{4@IZIX351
(49125S51
t @i2k5$
(I La 2.x551
Bass 61.Permit
File Number: 06-01242mm
Version: 2
City of Miami
Master Report
File Number: 06-01242mm
File Type: Resolution
Reference:
Requester: Cost: $29,796.00
File Name: Major Use Special Permit Substantial Modification -
Civica Towers
Title:
Notes:
Code Sections:
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Status: Passed
Controlling Body: Office of the City
Clerk
Introduced: 09/10/2008
Final Action: 05/28/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
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 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; AND 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,
Indexes:
Sponsors:
Attachments: Item #2- 06-01242mm- Civica Tower-
PAB_ 4.15.09.pdf,06-01242mm PAB
Reso.pdf,06-01242mm CC Zoning
Map,pdf,06-01242mm Aerial Map.pdf,06-01242mm
Projects in the Vicinity. pdf,06-01242mm Binder Front
Cover.pdf,06-01242mm Binder Inside
Cover. pdf, 06-01 242mm Table of
Contents.pdf,06-01242mm I. Project
Information.pdf,06-01242mm I.A. Application for
Major Use Special Permit, Addendum & Zoning
Write-Up.pdf,06-01242mm I.B. Disclosure of
Ownership,pdf,06-01242mm I.C. Ownership
Affidavit. pdf,06-01242mm I.D. Miscellaneous
Documents, pdf,06-01242mm I.E. Directory of Project
Principals.pdf,06-01242mm I.F. Ownership List and
Mailing Labels.pdf,06-01242mm I.G. Project Data
Sheet.pdf,06-01242mm I.H. City of Miami Zoning
Atlas Map and Future Land Use
Agenda Date: 05/28/2009
Agenda Number:
Enactment Date: 05/28/2009
Enactment Number: R-09-0266
City of Miami Page 1 Printed on 6117/2009
Master Report Continued (06-01242mm)
Map.pdf,06-01242mm 1. 1. Prior Approved
Resolution.pdf,06-01242mm II. Project
Description.pdf,06-01242mm III. Supporting
Documents,pdf,06-01242mm 111.1. Minority
Construction Employment Plan.pdf,06-01242mm
111.2. Traffic Impact Analysis. pdf,06-01242mm 111.3.
Site Utility Study.pdf,06-01242mm 111.4. Economic
Impact Study.pdf,06-01242mm 111.5. Environmental
Impact Analysis.pdf,06-01242mm 111.6. Survey of
Property & Drawings Submitted.pdf,06-01242mm CC
Analysis. pdf,06-01242mm Disclosure to Support or
Withhold Objection.pdf,06-01242mm Miami -Dade
Public School Concurrency.pdf,06-01242mm
Miami -Dade Aviation Department
Letter.pdf,06-01242mm Traffic Sufficiency
Letter,pdf,06-01242mm CC Legislation (Version
2).pdf,06-01242mm Exhibit A.pdf,06-01242mm
Exhibit B.pdf,06-01242mm CC 05-28-09 Fact
Sheet. pdf,
History of Legislative File
Ver- Acting Body:
sion:
1 Planning Advisory Board
Date: Action:
04/15/2009 Recommended
Approval with
Conditions
2 Office of the City Attorney 05/07/2009 Reviewed and
Approved
2 City Commission 05/28/2009 ADOPTED
2 Office of the Mayor 06/02/2009 Signed by the Mayor
2 Office of the City Clerk 06/03/2009 Signed and Attested
by City Clerk
Text of Legislative File 06-01242mm
Sent To:
Office of the City
Clerk
Due Date: Return Result:
Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 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; AND 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,
Pass
Pass
City of Miami Page 2 Printed on 6117/2009
Master Report Continued (06-01242mm)
as legally described in "Exhibit A", attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Substantial Modification to a 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 09-015 by a vote of seven to zero (7-0), item No. P.2, recommending
approval with conditions of the Substantial Modification to a Major Use Special Permit Development Order as
set forth; and
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 Articles 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 the top of the 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(s) 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 applicable conditions in the
Development Order herein:
1) Site and Urban Planning:
Design Review Criteria Applicability Compliance
(1) Responds to the physical contextual Yes Yes
environment taking into consideration
City of Miami Page 3 Printed on 611712009
Master Report Continued (06-01242mm)
urban form and natural features;
(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 details Yes 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:
Design Review Criteria
(1) Provide usable open space that
allows for convenient and visible
pedestrian access from the public
sidewalk;
(2) Landscaping, including plant
Applicability Compliance
Yes Yes*
Yes Yes
Yes Yes
Applicability Compliance
Yes Yes
Yes Yes*
City of Miami Page 4 Printed on 611712009
Master Report Continued (06-01242mm)
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 Applicability Compliance
(1) Design for pedestrian and Yes Yes*
vehicular safety to minimize conflict
points;
(2) Minimize the number and width Yes Yes
of driveways and curb cuts;
(3) Parking adjacent to a street front Yes Yes
should be minimized and where
possible should be located behind
the building;
(4) Use surface parking areas as Yes Yes
district buffer.
VI) Screening:
Design Review Criteria Applicability Compliance
(1) Provide landscaping that screens Yes Yes*
undesirable elements, such as
surface parking lots, and that
enhances space and architecture;
(2) Building sites should locate Yes Yes
service elements like trash
dumpsters, loading docks, and
mechanical equipment away from
street front where possible. When
elements such as dumpsters,
utility meters, mechanical units and
service areas cannot be located away
from the street front, they should be
situated and screened from view to
street and adjacent properties;
(3) Screen parking garage structures Yes Yes
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 Applicability Compliance
(1) Design signage appropriate for Yes N/A**
the scale and character of the project
City of Miami Page 5 Printed on 611712009
Master Report Continued (06-01242mm)
and immediate neighborhood;
(2) Provide lighting as a design feature Yes N/A**
to the building facade, on and around
landscape areas, special building or
site features, and/or signage;
(3) Orient outside lighting to minimize Yes N/A**
glare to adjacent properties;
(4) Provide visible signage identifying Yes N/A**
building addresses at the entrance(s)
as a functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
Design Review Criteria Applicability Compliance
(1) Preserve existing vegetation and/or Yes N/A
geological features whenever possible.
IX) Modification of Nonconformities:
Design Review Criteria Applicability Compliance
(1) For modifications of nonconforming Yes N/A
structures, no increase in the degree
of nonconformity shall be allowed;
(2) Modifications that conform to Yes N/A
current regulations shall be designed
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, etc. will be mitigated through
compliance with the conditions of this Substantial Modification to the Major Use Special Permit.
City of Miami Page 6 Printed on 611712009
Master Report Continued (06.01242mm)
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 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
City of Miami Page 7 Printed on 6/17/2009
Master Report Continued (06-01242mm)
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 the top of the 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 ARTICLE 9, Sec. 914,
Increased Development Bonus, to allow an increase of twenty-five (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 610.61, 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 Four (4) 12 feet wide x 35 feet long x 15 feet high
One (1) 12 feet wide x 55 feet long x 15 feet high
Proposed Four (4) 12 feet wide x 35 feet long x 15 feet high (by right)
One (1) 12 feet wide x 35 feet long x 15 feet high (by Class II)
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 922.4, to allow maneuvering of trucks on public
rights-of-way with referral to Public Works Director;
CLASS 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;
City of Miami Page 8 Printed on 611712009
Master Report Continued (06.01242mm)
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 927, to allow temporary structures, occupancies, and
uses reasonably necessary for construction, such as construction fences and covered walkways. If
construction is encroaching public property, it must be approved by other city departments;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow a 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 a 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, to allow temporary development signs;
REQUEST for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment 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 the
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 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.
The PROJECT conforms to the requirements of the current G/I (Government and Institution) with SD -10
(Jackson Memorial Hospital Medical Center Overlay District) and SD -19 (Designated F.A R. Overlay District)
zoning classification, as contained in Zoning Ordinance 11000, 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.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE
ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING:
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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 obtaining a shell permit.
5) Record the following in the Public Records of Miami -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.
6) 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, recordable 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.
7) 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.
8) In so far as this Substantial Modification to a Major Use Special Permit includes the subordinate approval of
a series of Class I and II 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 and II 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.
9) 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.
10) Pursuant to design related comments received by the Planning Director, the applicant shall comply, prior to
TCO issuance, with conditions of the sufficiency letter prepared by the City's Traffic Consultant on Sufficiency
Letter - Review #001 of December 31, 2008.
11) Pursuant to review by the City of Miami Public Works Department, the following street improvements are
reqired: at N.W. 14 Street- Replace all damged sidewalk, curb and gutter adjacent to the PROJECT site. Mil
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.
12) 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
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successors, and assigns, jointly or severally,
THE CITY SHALL:
Estlish the operative dateof the Permit 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, pursuant to Section 1703 of 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.
LOCATION: Approximately 1050 NW 14th Street [Commissioner Angel Gonzalez- District 1]
APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Miami Hotel Investments, Ltd., Owner and
Swerdlow Development Company, LLC, Contract Purchaser
FINDING(S):
PLANNING DEPARTMENT: Recommended approval with conditions*,
PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on April 15,
2009 by a vote of 7-0.
*See supporting documentation.
PURPOSE: This will allow a substantial modification of the Civica Tower project.
{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
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