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SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
for
METROPOLITAN MIAMI — MET 2
located at approximately
200 SE 2" Street, 200 and 300 SE 3rd Street
CASE NUMBER: 2006-002
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Metropolitan Miami - Met 2 project (MU-2005-040)
has been reviewed to allow a Substantial Modification to a Major Use Special Permit per
Articles 13, 17 and 22, located at approximately 200 and 300 SE 3rd Street, and 200 SE
2" Street, Miami, Florida, to allow a change in the previously approved MUSP (Res. 05-
0351) to primarily alter the uses on Tract C of the Metropolitan Miami phased project.
The proposed changes to Tract C entail the elimination of the residential component, a
substantial increase in the office component (from 9,000 square feet to 700,000 square
feet), and re -introduction of a 400-unit hotel component. The two -tower proposal herein
brings the floor area use totals for the entire project to 1,194 residential units, 964,010
square feet of nonresidential space, 3,689 parking spaces, and 400 hotel units.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MUSP, per Article 17, Section 1701, and Article 22, to preserve the 1,500 dwelling
units approved pursuant to Resolution No. 05-0351.
MUSP, per Article 17, Section 1701, and Article 22, to allow a change in the previous
approval (substantial modification to previously approved Resolution No. 02-1249)
from 259,361 square feet nonresidential floor area (as modified by Resolution No.
05-0351) to approximately 964,010 square feet.
MUSP, per Article 17, Section 1701, and Article 22, to allow a change in the original
application (substantial modification to previously approved Resolution No. 02-1249)
from parking structures consisting of 3,328 spaces (as modified by Resolution No.
05-0351) to approximately 3,689 standard parking spaces.
MUSP, per Article 17, Section 1701, and Article 22, to permit the development of
400 hotel rooms. This includes 100 Hotel Units converted from 68 Residential Units
pursuant to a conversion factor of 0.6735 as listed in the "LAND USE EXCHANGE
RATES" from Downtown DRI.
This Major Use Special Permit also includes:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for development of new
construction visible from public street within the CBD.
CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401, for location of structures
visible from a public street within CBD, including construction fence and covered
walkway.
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per Determination of Use No. 2004-007 dated Sep-
tember 14, 2004, to allow temporary parking of trailers or manufactured homes used
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in connection with such land development activities as temporary construction of-
fices or sales centers.
Per City Code, Chapter 36-6, request for waiver of noise ordinance for continuous
pours.
This Permit also preserves the following requests approved or preserved by Resolu-
tion No. 05-0351:
SPECIAL EXCEPTION as per Article 4, Section 401 to allow for bars, saloons,
taverns and/or supper clubs;
CLASS II SPECIAL PERMIT as per Article 4, Section 401 to allow for child day
care facilities;
CLASS II SPECIAL PERMIT as per Article 4, Section 401, for development of
new construction within the Central Business District;
CLASS II SPECIAL PERMIT as per Article 4, Section 401 to approve open
space and/or residential recreation space as shown on the plans;
CLASS 11 SPECIAL PERMIT as per Article 4, Section 401 to allow for wholesale
activities at the ground floor level along designated primary pedestrian pathways
so long as ground floor footage consists of a retail or open to the public compo-
nent;
CLASS 11 SPECIAL PERMIT as per Article 4, Section 401 to allow for parking ga-
rages;
CLASS 11 SPECIAL PERMIT as per Article 4, Section 401 to allow for outdoor
eating areas, outdoor cafes, outdoor display and sale of food or live flowers and
plants;
CLASS II SPECIAL PERMIT as per Article 4, Section 401, for temporary con-
struction fence and covered walkway within the Central Business District;
CLASS II SPECIAL PERMIT as per Article 9, Section 903.1 to allow develop-
ment of project divided by a street;
CLASS II SPECIAL PERMIT as per Article 9, Section 906.6, for pool/outdoor rec-
reation area;
CLASS II SPECIAL PERMIT as per Article 9, Section 908.2 for access from a
public street roadway width greater than 25 feet;
CLASS II SPECIAL PERMIT as per Article 9, Section 922.4(c), to allow maneu-
vering of trucks on public rights of way;
CLASS 11 SPECIAL PERMIT as per Article 9, Section 922.4(d) to allow backing
into a street;
CLASS II SPECIAL PERMIT as per Article 9, Section 922.8 to allow for com-
bined off-street loading facilities;
CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary
off -site parking during construction;
CLASS 1 SPECIAL PERMIT as per Article 9, Section 906.9 to allow for a special
event namely a ground breaking ceremony;
CLASS I SPECIAL PERMIT as per Article 9, Section 917.1.2, for offstreet park-
ing maintained with valet parking for excess parking;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2 to allow temporary
off -site parking for construction crews working on a residential project;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow devel-
opment/construction/rental signage.
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PER CITY CODE, Chapter 4, designation of the entertainment retail center lo-
cated at the NE corner of SE 3rd Avenue and SE 4th Street as retail specialty cen-
ter as that term is defined in Section 4-2.
PER CITY CODE, Chapter 23-5(a), Request for a Certificate of Appropriateness
for grounds disturbing activity in an Archaeological Conservation Area,
Designation as a phased project, pursuant to Section 2502 of Zoning Ordinance
No. 11000.
REQUEST that the following MUSP conditions be required at the time of Temporary
Certificate of Occupancy or Final Certificate of Occupancy instead of at issuance of
foundation permit:
a) The requirement to record in the Public Records a Declaration of Covenants
and Restrictions providing that the ownership, operation and maintenance of all common
areas and facilities will be by the property owner or a mandatory property owner
association; and
b) The requirement to record in the Public Records a unity of title or covenant in
lieu of unity of title.
Pursuant to Articles 13, 17 and 22 of Zoning Ordinance 11000, approval of the
requested Substantial Modification to a Major Use Special Permit shall be considered
sufficient for the subordinate permits requested and referenced above as well as any
other special approvals required by the City which may be required to carry out the
requested plans.
In determining the appropriateness of the proposed project, the Planning
Department has referred this project to the Large Scale Development Committee
(LSDC) and the Planning Internal Design Review Committee for additional input
and recommendations; the following findings have been made:
• It is found that on April 22, 2004, the City Commission approved Resolution No. 04-
0276, which approved a Substantial Modification of the Master Development
Program for the property. Tract "B" consisted of a 39-story, 400-foot building with
447 units, 81,275 sq. ft. of retail, 61,300 sq ft. of theater facilities, and 926 parking
spaces; Tract "C" consisted of a 42-story, 400-foot building with 450 units, 9,000 sq.
ft. of office, 32,850 sq, ft. of retail, and 922 parking spaces; and Tract "D" consisted
of a 72-story, 750-foot building with 650 units, 25,700 sq. ft. of retail, 17,500 sq. ft. of
health club facilities, and 2,436 parking spaces. Total development program: 1,547
units, 9,000 sq. ft. of office, 139,825 sq. ft. of retail, 61,300 sq. ft. of theater facilities,
17,500 sq. ft. of health club facilities and 4,284 parking spaces.
• It is found that on June 24, 2004, the City Commission approved Resolution No. 04-
0419, which approved a Substantial Modification of the Master Development
Program for the property. Tract "B" consisted of a 40-story, 440-foot building with
447 units, 90,500 sq. ft. of retail, 60,000 sq ft. of theater facilities, and 641 parking
spaces; Tract "C" consisted of a 53-story, 550-foot building with 653 units, 30,000
sq. ft. of retail, and 975 parking spaces; and Tract "D" consisted of a 49-story, 540-
foot building with 400 units, 500,000 sq. ft. of office. 56,200 sq. ft. of retail, and
2,100 parking spaces. Total development program: 1,500 units, 500,000 sq. ft. of
Page 3 of 8
office, 176,700 sq. ft. of retail, 60,000 sq. ft. of theater facilities, and 3,716 parking
spaces
• It is found that on May 26, 2005, The City Commission approved Resolution No. 05-
0351, which approved a Substantial Modification of the Master Development
Program for the property. Tract "8" consisted of a 40-story, 400-foot building with
447 units, 81,275 sq. ft. of retail, 61,300 sq ft. of theater facilities, and 641 parking
spaces; Tract "C" consisted of a 40-story, 400-foot building with 403 units, 9,000 sq.
ft, of office, 32,850 sq. ft. of retail, and 922 parking spaces; and Tract "D" consisted
of a 73-story, 786-foot building with 650 units, 44,936 sq. ft. of retail, 30,000 sq. ft. of
health club facilities, and 1,765 parking spaces. Total development program: 1,500
units, 9,000 sq. ft. of office, 159,061 sq. ft. of retail, 61,300 sq. ft. of theater facilities,
30,000 sq. ft. of health club facilities and 3,328 parking spaces
• It is found that the proposed development project on Tracts B, C, and D will benefit
the area by creating additional residential opportunities in the Downtown NET
District, located just off the north side of the mouth of the Miami River.
• It is found that the subject property is located in the "Dupont Plaza" Plat within the
CBD neighborhood of the City.
• It is found that the existing zoning designation for the property pursuant to the
Zoning Ordinance of the City of Miami, Florida is the CBD "Central Business District"
Zoning District.
• It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Miami, Florida, the existing Future Land Use category for the property is "Office".
• It is found that the proposed density of the entire project (1,343 units at 226 units per
acre) is well below the maximum 5,940 units (1,000 units per acre) on the 5.94± net
acre site. Pursuant to Section 903.4, 400 hotel units count as 200 units for density
purposes.
• It is found that the proposed project is located along a Primary Pedestrian Pathway.
• It is found that the entire project has convenient access to the Metromover system at
the Bayfront Park and Knight Center stations, located to the east and west of the
subject property, with connections to the Metrorail and Tri-Rail systems, for efficient
use of existing mass transit systems.
It is found that the entire proposed project is located within an Archeological
Conservation area and is therefore subject to a Certificate of Appropriateness for
any ground disturbing activity within the designated area.
• It is found that the Met 2 Tract "C" portion of the project is expected to cost
approximately $538,255,375, and to employ approximately 417 workers during
construction (FTE-Full Time Employees); The project will also result in the creation
of approximately 300 permanent new jobs (FTE) and will generate approximately
$2,791,943 annually in tax revenues to the City (2005 dollars).
• It is found that the revised project data of the Metropolitan Miami as a whole is as
such after the proposed Substantial Modification:
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Metropolitan Miami Project Distribution
Tract B
Tract C
Tract D
(Met 1)
(Met 2)
(Met 3)
Totals
Gross Acreage
Net Lot Area
3.78
2.46
2.75
1.74
2.80
1.74
9.33
5.94
Floor SF
717,745
1,133,361
855,071
2,706,177
FAR
4.38
9.46
7.00
Units 1 447
200**
696
1,343
Office SF 1 0
700,000
0
700,000
Retail SF 1 81,275
30,400
56,999
168,674
Hotel SF 1 0
456,571
0
456,571
Theater SF
61,300
0
0
61,300
Health Club SF 1 0
0
34,036
34,036
Residential SF 1 602,245
0
865,949
1,468,194
Parking
Height (Feet)
Height (Floors)
641
400
40
1,500
617
46
1,548
803
73
3,689
*
**Pursuant to Section 903.4, 400 hotel units count as 200 units for density purposes.
• It is found that recent significant discoveries were unearthed at the project site. The
Historic and Environmental Preservation Board (HEPB) approved (HEPB 2004-48)
on June 15, 2004 a Certificate of Appropriateness for ground disturbing activity
involving new construction within an Archaeological Conservation Area subject to the
following conditions: (1) The human remains shall be reinterred; (2) The applicant
shall work with staff and shall keep the Board abreast of any additional discoveries
that address all of the concerns raised in the analysis above; (3) The final plans for
the interpretive elements of the project shall be brought back to the Board.
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on June 14, 2005, and the following pertinent comments were made:
Pedestrian Realm — Reconsider the arrival and drop off area on SE 4t" Street in
order to enhance the pedestrian character of these parcels, implement the following:
(a) The pedestrian sidewalk realm shall remain at a consistent height throughout.
Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of
the curb, with the ramp slope being the maximum allowed by Public Works, 1:12
(8.3%) See photograph below ;( b) The pedestrian sidewalk area shall be
maintained with a consistent, recognizable pattern, which shall continue across the
vehicular entrances in order to give dominance to the pedestrian realm over the
vehicular areas. The Planning Department's review resulted in design modifications
that were then recommended for approval to the Planning Director.
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• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on July 20, 2005, which recommended Approval
(UDRB Reso. 7-20-05-7).
• It is found that on November 29, 2005, the Miami -Dade Aviation Department
provided a Height Analysis review of the proposed project and found that it conforms
to the Miami -Dade County Height Zoning Ordinances. However, the analysis
indicates that the structure may impact the Terminal Instrument Procedures for
Departure and Approach on some of the runways at Miami International Airport
(MIA). The proposed building height requires the applicant to file with the Federal
Aviation Administration (FAA) Form 7460-1, "Notice of Proposed Construction
Alteration for Determination of Known Hazards". In addition, construction cranes for
this project exceeding 200 feet in height must be filed using the same form.
• It is found that the Large Scale Development Committee reviewed the project on
December 7, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on January 3, 2006. The student population generated by Tract
"C" of this development is estimated at 36 students. The schools serving this area
of application are Southside Elementary (17 students) — 171% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Shenandoah Middle (9
students) — 104% FISH; and Booker T. Washington Senior High (10 students) —
68% FISH. Pursuant to the interlocal agreement, only Southside Elementary meets
review threshold of 115%. As of April 2005, the Planned Relief School in the area is
New Elementary at Southside Elementary School with 1,221 student stations) with
an Occupancy Date Funding Year of 2007-08. At an average of $6,549 per K-12
student, the total annual operating cost for the additional students residing in this
development, if approved, would total $235,764. Based on the State's January 2006
student station cost factors, capital costs for the estimated additional students to be
generated by the proposed development is $592,327.
Page 6 of 8
It is found that on January 10, 2006, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #136) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient.
• It is found that with respect to all additional criteria as specified in Section 1305.2 of
Zoning Ordinance 11000, the proposal has been found to adhere to the following
Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and
Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and
Open Space; (5) Vehicular Access and Parking; (6) Screening; (7) Signage and
lighting; (8) Preservation of Natural Features; and (9) Modification of
Nonconformities.
Based on these findings, the Planning Department is recommending approval of
the requested Development Project with the following conditions:
1) Meet all applicable building codes, land development regulations, ordinances
and other laws and pay all applicable fees due prior to the issuance of a building permit.
2) Allow the Miami Police Department to conduct a security survey, at the option
of the Department, and to make recommendations concerning security measures and
systems; further submit a report to the Planning Department, prior to commencement of
construction, demonstrating how the Police Department recommendations, if any, have
been incorporated into the PROJECT security and construction plans, or demonstrate to
the Planning Director why such recommendations are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue
indicating APPLICANT'S coordination with members of the Fire Plan Review Section at
the Department of Fire -Rescue in the review of the scope of the PROJECT, owner re-
sponsibility, building development process and review procedures, as well as specific
requirements for fire protection and life safety systems, exiting, vehicular access and
water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of
Solid Waste that the PROJECT has addressed all concerns of the said Department prior
to the obtainment of a shell permit.
5) Comply with the Minority Participation and Employment Plan (including a Con-
tractor/Subcontractor Participation Plan) submitted to the City as part of the Application
for Development Approval, with the understanding that the APPLICANT must use its
best efforts to follow the provisions of the City's Minority/Women Business Affairs and
Procurement Program as a guide.
6) Record the following in the Public Records of Dade County, Florida, prior to
the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration of Covenants and Restrictions providing that the ownership, operation and
maintenance of all common areas and facilities will be by the property owner or a man-
datory property owner association in perpetuity.
7) Prior to the issuance of a shell permit, provide the City with a recorded copy of
the MUSP permit resolution and development order, and further, an executed, record
Page 7 of 8
able unity of title or covenant in lieu of unity of title agreement for the subject property;
said agreement shall be subject to the review and approval of the City Attorneys Office.
8) Provide the Planning Department with a temporary construction plan that in-
cludes 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 ap-
proval 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 Substantial Modification to a Major Use Spe-
cial Permit.
9) In so far as this Substantial Modification to a Major Use Special Permit in-
cludes the subordinate approval of a series of Class I Special Permits for which specific
details have not yet been developed or provided, the applicant shall provide the Plan-
ning Department with all subordinate Class I Special Permit plans and detailed require-
ments for final review and approval of each one prior to the issuance of any of the sub-
ordinate approvals required in order to carry out any of the requested activities and/or
improvements listed in this development order or captioned in the plans approved by it.
10) If the project is to be developed in phases, the Applicant shall submit an in-
terim plan, including a landscape plan, which addresses design details for the land oc-
cupying future phases of this Project in the event that the future phases are not devel-
oped, said plan shall include a proposed timetable and shall be subject to review and
approval by the Planning Director.
11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) The pedestrian sidewalk realm shall
remain at a consistent height throughout. Vehicles shall rise to the sidewalk level with
ramping beginning at the outer edge of the curb, with the ramp slope being the maxi-
mum allowed by Public Works, 1:12 (8.3%); (b) The pedestrian sidewalk area shall be
maintained with a consistent, recognizable pattern, which shall continue across the ve-
hicular entrances in order to give dominance to the pedestrian realm over the vehicular
areas.
12) Pursuant to HEPB Resolution 2004-048, the applicant shall meet the follow-
ing conditions: (a) The human remains shall be reinterred; (b) The applicant shall work
with staff and shall keep the Board abreast of any additional discoveries that address all
of the concerns raised in the analysis above; (c) The final plans for the interpretive ele-
ments of the project shall be brought back to the Board.
13) Within 90 days of the effective date of this Development Order, record a
certified copy of the Development Order specifying that the Development Order runs
with the land and is binding on the Applicant, its successors, and assigns, jointly or
severally.
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