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MAJOR USE SPECIAL PERMIT
for
111 NE 11TH STREET
located at approximately
111 NE 11th Street
CASE NUMBER. 2006-016
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the 111 NE 11th Street project (MU-2006-003), located
at approximately 111 NE 11th Street, Miami, Florida, to construct an approximate 425-
foot, 42-story high mixed use structure to be comprised of approximately 430 total mul-
tifamily residential units with recreational amenities; approximately 26,732 square feet of
retail space; approximately 2,500 square feet of restaurant space; and approximately
508 total parking spaces.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MUSP, as per City of Miami zoning ordinance, Article 17, section 1701(1), for devel-
opment of 430 residential units;
MUSP, as per City of Miami zoning ordinance, Article 17, section 1701(7), for devel-
opment of project with 482 parking spaces.
PER CITY CODE, Chapter 36, Construction Equipment, request for waiver of noise
ordinance while under construction for continuous pours
The Major Use encompasses the following Special Permits:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 6, Section 616.3, for development of
new construction in the Edgewater Overlay District;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver of
City of Miami Parking Guides and Standards for reduction of required backup space
for parking. Required 23 feet proposed 22 feet request to waive 1 foot;
CLASS ll SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver of
City of Miami Parking Guides and Standards for reduction of the required extra (1)
foot where a side of a parking stall abuts a wall;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for a temporary construc-
tion fence and covered walkway;
CLASS II SPECIAL PERMIT as per Article 9, Section 922.4(c) to allow maneuvering
of trucks on a public alley;
CLASS II SPECIAL PERMIT as per Article 9, Section 908.2, for access from a
driveway with a width greater than 25 feet;
CLASS II SPECIAL PERMIT as per Article 9, Section 922.8 to allow for combined
off-street loading facilities.
CLASS I SPECIAL PERMITS
CLASS I 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
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in connection with such land development activities as temporary construction of-
fices or sales center;
CLASS I 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 918.2, for parking and staging
of construction during construction;
CLASS I SPECIAL PERMIT as per Article 9, Section 920.1, to allow a construction
trailer and watchman's quarters and other temporary offices such as leasing and
sales;
CLASS I SPECIAL PERMIT as per Article 10, Section 10.3.2.2, to allow develop-
ment/construction/rental signage;
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 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 and commercial opportunities in the Downtown NET District,
located at the northeast corner of NE 1st Avenue and NE 1 1th
Street.
• It is found that the subject property is located in the "J.A. Dann's" and "Map of
Miami" Plats within the Parkwest 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-16.1 (Southeast Overtown-Park
West 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 "General
Commercial".
• It is found that the proposed project is not located along a Primary Pedestrian
Pathway,
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• It is found that the project has convenient access to the Metromover system at the
Eleventh Street station, located adjacent to 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 (430 units at 300 units
per acre) is at the maximum density (430 units) on the 1.43± net acre site.
• It is found that the total allowable floor area the 3.26± gross acre site at a Floor Area
Ratio (FAR) of 4.32 is 613,151 square feet. The project as proposed is requesting a
total of 605,947 square feet broken down as follows: 498,337 sq. ft. residential;
84,176 sq. ft. common spaces; 14,164 sq. ft. non --residential (retail) and 9,270 sq. ft.
non-residential (service).
It is found that the project is expected to cost approximately $175,000,000, and to
employ approximately 1,169 workers during construction (FTE-Full Time
Employees); The project will also result in the creation of approximately 90
permanent new jobs (FTE) and will generate approximately $1,407,278 annually in
tax revenues to the City (2005 dollars).
• It is found that on September 26, 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) NE 11th Street - Construct new sidewalk, curb
and gutter and pavement on the north half of the roadway between NE 1st Avenue
and NE 2 d Avenue, in accordance with the adopted "Southeast Overtown/Park
West" street cross section plan. Replace all damaged sidewalk, curb and gutter on
the south half of the roadway and mill and resurface the pavement for the remainder
of the full width of the roadway; (b) NE 1st Avenue - Construct new sidewalk, curb
and gutter and pavement on the east half of the roadway between NE 11th Street
and I-395 Expressway overpass in accordance with the adopted "Southeast
Overtown/Park West" street cross section plan. Replace all damaged and broken
sidewalk, curb and gutter on the west side of the roadway and mill, level and
resurface the pavement for the remainder of the full width of the roadway.
It is found that the Large Scale Development Committee reviewed the project on
October 5, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that on December 20, 2005, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #125) 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 December 21, 2005, which recommended
Approval (UDRB Reso. 12-21-05-5) with conditions.
• It is found that on January 5, 2006, the Miami -Dade Aviation Department provided a
Height Analysis review of the proposed projectand foundthatitconforms to the
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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 the proposed project was reviewed by the Internal Design Review
Committee on November 22, 2005, and the following revised pertinent comments
were made on January 20, 2006 after the December 21, 2005 UDRB Meeting:
Urban Design — (a) Clarify the traffic pattern along NE 11th Street for accessing the
"drop-off" circle and ramp configuration (sheet A2.1) It seems that there is a high
probability for vehicular and pedestrian conflicts due to the proximity of the
entrances. Consider consolidating the two entries into a single entry that serves
both the garage ramp and the drop-off. This will reduce vehicular conflicts and
create a more unified pedestrian realm. Refer to Figure 1 below for an example of a
combined drop-off and ramp entrance. Internalize the turning movements for
ingress/egress to the garage and the drop off area providing one entry/exit into the
building along NE 11th Street. A traffic study will need to verify the minimum size and
number of lanes needed; (b) Delete the loading dock and bollards located along NE
1st Avenue in the pedestrian plaza; (c) 1-395 is a gateway into the City of Miami and
the garage treatment along this side shall be further broken with elements other than
louvers. The committee appreciates the articulation of the walls, however this
elevation could possibly continue the theme of graduating from one set of materials
to another west -east and bring another element such as glass to break down this
wall of louvers. This should be an exceptional architectural treatment to compliment
the building and provide an entrance for motorists into the magic city; (d) The
western garage elevation also needs to break the box of lowers facing drivers on I-
395. Again please add additional elements to conceal the parking or continue to line
the tower's width with liner units; Landscaping — Decrease the spacing between the
Royal Palms along NE 11th Street to provide a canopy of shade to pedestrians; The
Planning Department's review resulted in design modifications that were then
recommended for approval to the Planning Director.
Figure 1: Diagram depicting a combined drop-off and garage ramp entrance.
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• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on February 9, 2006. The student population generated by this
development is estimated at 116 students. The schools serving this area of
application are Phillis Wheatley Elementary (53 students) — 56% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Jose de Diego Middle (29
students) — 101% FISH; and Booker T. Washington Senior High (34 students) -..
69% FISH Pursuant to the interlocal 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" Land to be donated by the City of Miami (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 $759,684. Based on the State's October 2005 student station cost
factors, capital costs for the estimated additional students to be generated by the
proposed development is $1,981,809.
• 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, demonstratinghow the. Police. Department recommendations, if any, have
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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
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 I 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 ..y the Planning Director.
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11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) The applicant shall continue to work
with staff as to the ingress and egress to the garage and the dropoff area along NE 11th
Street providing no single curb cut shall exceed 30 feet, subject to review and approval
by the Planning Director; (b) Delete the loading dock and bollards located along NE 1st
Avenue in the pedestrian plaza; (c) Interstate 395 is a gateway into the City of Miami
and the garage treatment along this side shall be further broken with elements other
than louvers and shall be an exceptional architectural treatment to compliment the build-
ing and provide an entrance for motorists into the magic city; (d) Eliminate the box of
louvers on the western garage elevation facing drivers on 1-395. Add additional ele-
ments to conceal the parking or continue to line the tower's width with liner units; (e)
Decrease the spacing between the Royal Palms along NE 11th Street to provide a can-
opy of shade to pedestrians.
12) Pursuant to comments by the City of Miami Public Works Department, the
following street improvements shall be required of the applicant: (a) NE 11th Street -
Construct new sidewalk, curb and gutter and pavement on the north half of the roadway
between NE 1st Avenue and NE 2na Avenue, in accordance with the adopted "Southeast
Overtown/Park West" street cross section plan. Replace all damaged sidewalk, curb and
gutter on the south half of the roadway and mill and resurface the pavement for the re-
mainder of the full width of the roadway; (b) NE 1st Avenue - Construct new sidewalk,
curb and gutter and pavement on the east half of the roadway between NE 11th Street
and 1-395 Expressway overpass in accordance with the adopted "Southeast Over-
town/Park West" street cross section plan. Replace all damaged and broken sidewalk,
curb and gutter on the west side of the roadway and mill, level and resurface the pave-
ment for the remainder of the full width of the roadway.
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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