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MAJOR USE SPECIAL PERMIT
for
1490 BISCAYNE
located at approximately
1400 Biscayne Boulevard
CASE NUMBER: 2006-009
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for 1490 Biscayne project (MU-2005-036) has been re-
viewed to allow a Major Use Special Permit per Articles 9, 13 and 17, located at ap-
proximately 1400 Biscayne Boulevard, Miami, Florida, to construct a mixed use two
tower development ranging in height from approximately 619 feet to 657 feet to be com-
prised of approximately 850 total multifamily residential units with recreational amenities;
approximately 108,543 square feet of office space; approximately 43,540 square feet of
retail space; and approximately 1,204 total parking spaces; providing for certain floor
area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MUSP, as per City of Miami Zoning Ordinance 11000 as amended, Article 17, Sec-
tion 1701(1), for development of 850 total residential units.
MUSP, as per City of Miami Zoning Ordinance 11000 as amended, Article 17, Sec-
tion 1701(7), for parking of 1,204 total parking spaces.
Per City Code, Chapter 36-6, request for waiver of noise ordinance for construction
equipment for continuous pours.
The Major Use encompasses the following Special Permits:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL. PERMIT as per Article 6, Section 606.3, for development of new
construction and for the location of any structure including construction fence and
covered walkway, sign, awning, landscaping, parking area or vehicular way, visible
from a public street area within the SD-6.
CLASS II SPECIAL PERMIT, as per Article 6, Section 606.4.3, to allow for outdoor
eating areas and outdoor cafes.
CLASS I SPECIAL PERMITS
CLASS 1 SPECIAL PERMIT, as per Determination of Use No. 20040-007 dated Sep-
tember 14, 2004, to allow temporary parking of trailers or manufactured homes used
in connection with such land development activities as temporary construction of-
fices or sales centers.
CLASS 1 SPECIAL PERMIT, as per Article 6, Section 606.5.2, to allow temporary
special event namely a ground breaking ceremony.
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, temporary offstreet off -
site for construction crews during construction.
CLASS 1 SPECIAL PERMIT, as per Article 10, Section 10.6.3.6, to allow develop-
ment signs in conjunction with construction.
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REQUEST for applicable MUSP conditions to be satisfied at the time of shell permit
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 9, 13 and 17 of Zoning Ordinance 11000, approval of the
requested 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 the proposed development project will benefit the area by creating
additional residential opportunities in the Downtown NET District, located at the
southwest corner of Biscayne Boulevard and NE 15th Street.
• It is found that the subject property is located in the "ASC" Plat within the Omni/PAC
neighborhood of the City.
• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the property is SD-6 (Central Commercial Residential
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 "Restricted
Commercial".
• It is found that the proposed project is located along a Primary Pedestrian Pathway.
• It is found that the project has convenient access to the Metromover system at the
Omni station, located approximately one block east 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 proposed project is not located within an Archeological
Conservation area.
• It is found that the proposed residential density of the project (850 units at 327 units
per acre) is below the maximum 1,300 units (500 units per acre) on the 2.60± net
acre site.
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• It is found that the project is expected to cost approximately $548,316,208, and to
employ approximately 599 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 40 permanent new jobs
(FTE) and will generate approximately $2,829,574 annually in tax revenues to the
City (2005 dollars).
• It is found that on September 13, 2005, the Miami -Dade Aviation Department
provided a Height Analysis review of the proposed project and found that it does not
conform to the Miami -Dade County Height Zoning Ordinances. In addition, 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 on September 22, 2005, the City of Miami Public Works Department
provided a review of the project and commented that the following street
improvements shall be required: (a) Biscayne Boulevard - Construct decorative
sidewalk improvements in accordance with the adopted "Roberto Burle Marx
Biscayne Boulevard Design"; (b) NE 2nd Avenue - replace all broken and damaged
sidewalk, curb and gutter on both sides of the avenue adjacent to the project site
and mill and resurface the entire width, curb to curb, between NE 14th Street and NE
15th Street; (c) NE 15th Street - replace all broken and damaged sidewalk, curb and
gutter on both sides of the street. Construct new sidewalk along the 10 foot required
dedication area. Mill and resurface the entire width, curb to curb, between NE 2nd
Avenue and Biscayne Boulevard; (d) NE 14th Street - replace all broken and
damaged sidewalk, curb and gutter adjacent to the project site.
• It is found that the Large Scale Development Committee reviewed the project on
September 28, 2005 to address the expressed technical concerns raised at said
Large Scale Development Committee meeting.
• It is found that on October 14, 2005, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #120) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on November 16, 2005, which recommended
Approval (UDRB Reso. 11-16-05-2) with conditions.
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on November 17, 2005, and the following pertinent comments were
made: Architecture — Relocate all stairwells from the building corners to a more
suitable location; Streetscape — (a) All right-of-way improvements along Biscayne
Boulevard must be consistent with FDOT improvements north of NE 14th Street.
The Department agrees with parallel parking on the Boulevard and supports this
idea; however it is not identified in the FDOT Biscayne Boulevard street section.
Please coordinate with FDOT; (b) Provide sidewalks of at least 12' width in order to
accommodate active street life; (c) Submit a detailed landscape plan that specifies
the species (common and botanical names), sizes (height x spread and/or container
size) at time of planting, quantities, and proposed locations of all plant materials,
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existing and proposed. The landscape plan shall include planting details and
specifications; The Planning Department's review resulted in design modifications
that were then recommended for approval to the Planning Director.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on January 30, 2006. The student population generated by this
development is estimated at 230 students. The schools serving this area of
application are Phillis Wheatley Elementary (106 students) — 65% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Jose de Diego Middle (58
students) — 104% FISH; and Booker T. Washington Senior High (66 students) —
71 % FISH. Pursuant to the interlace! agreement, none of the schools meet the
review threshold of 115%. As of April 2005, the Proposed Relief School in the area
is State School "GG-1" (for Jose de Diego Middle School relief with 1,241 student
stations) with an Occupancy Date Funding Year of 2006-07. 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 $1,506,270. Based on the State's
February 2006 student station cost factors, capital costs for the estimated additional
students to be generated by the proposed development is $3,919,988.
• 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.
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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
able unity of title or covenant in lieu of unity of title agreement for the subject property;
said agreement shall be subject to the review and approval of the City Attorney's Office.
8) Provide the Planning Department with a temporary construction plan that 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 Major Use Special Permit.
9) In so far as this Major Use Special Permit includes the subordinate approval of
a series of Class l Special Permits for which specific details have not yet been devel-
oped or provided, the applicant shall provide the Planning Department with all subordi-
nate Class I Special Permit plans and detailed requirements for final review and ap-
proval 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 de-
velopment 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) Relocate all stairwells from the building
corners to a more suitable location; (b) All right-of-way improvements along Biscayne
Boulevard must be consistent with FDOT improvements north of NE 14th Street. The
Department agrees with parallel parking on the Boulevard and supports this idea; how-
ever it is not identified in the FDOT Biscayne Boulevard street section. Please coordi-
nate with FDOT; (c) Provide sidewalks of at least 12' width in order to accommodate ac-
tive street life; (d) Submit a detailed landscape plan that specifies the species (common
and botanical names), sizes (height x spread and/or container size) at time of planting,
quantities, and proposed locations of all plant materials, existing and proposed. The
landscape plan shall include planting details and specifications.
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12) Pursuant to comments by the City of Miami Public Works Department, the
following street improvements shall be required of the applicant: (a) Biscayne Boulevard
- Construct decorative sidewalk improvements in accordance with the adopted "Roberto
Burle Marx Biscayne Boulevard Design"; (b) NE 2nd Avenue - replace all broken and
damaged sidewalk, curb and gutter on both sides of the avenue adjacent to the project
site and mill and resurface the entire width, curb to curb, between NE 14th Street and NE
15th Street; (c) NE 15th Street - replace all broken and damaged sidewalk, curb and gut-
ter on both sides of the street. Construct new sidewalk along the 10 foot required dedi-
cation area. Mill and resurface the entire width, curb to curb, between NE 2r Avenue
and Biscayne Boulevard; (d) NE 14th Street - replace all broken and damaged sidewalk,
curb and gutter adjacent to the project site.
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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