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File Number: 06-00259 Final Action .Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED,
FOR THE 111 NE 11TH STREET PROJECT, TO BE LOCATED AT
APPROXIMATELY 111 NORTHEAST 11TH STREET, MIAMI, FLORIDA, TO
CONSTRUCT AN APPROXIMATE 425-FOOT, 42-STORY HIGH MIXED- USE
STRUCTURE TO BE COMPRISED OF APPROXIMATELY 430 TOTAL
MULTIFAMILY 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.
WHEREAS, on January 6, 2006, Patricia M. Baloyra, Esquire, on behalf of Eagle Garage, LLC
(referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for 111
NE 11th Street (referred to as "PROJECT") pursuant to Articles 13 and 17 of Zoning Ordinance No.
11000, for the property located at approximately 111 NE 11th Street, Miami, Florida, as legally
described in "Exhibit A", attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Major Use Special Permit
pursuant to Article 17 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 October 5, 2005 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on December 21, 2005, to consider the
proposed project and recommended APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on February 15, 2006 Item No.
2, following an advertised public hearing, adopted Resolution No. PAB 21-06 by a vote of six to zero (6
-0), recommending APPROVAL of the Major Use Special Permit Development Order as hereinafter 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 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.
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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 to be developed by the APPLICANT, at approximately 111 NE 11th Street,
Miami, Florida, more particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of an approximate 425-foot, 42-story
high mixed use structure to be comprised of approximately 430 total multifamily 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.
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 SD-16.1 (Southeast Overtown-Park West Commercial
Residential District) zoning classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the
City of Miami, Florida, as amended.
c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT that have been found by the City Commission (based upon facts and reports prepared or
submitted by staff or others) to adhere to the following Design Review Criteria (as appropriate to the
nature of the special permit involved in the Project and the particular circumstances of the case)
subject to the any applicable conditions in the Development Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
I) Site and Urban Planning:
(1) Respond to the physical Yes. *Yes.
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Yes. *Yes.
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner lots Yes. *Yes.
should be oriented to the corner
and public street fronts.
II) Architecture and Landscape Architecture:
(1) A project shall be designed Yes. *Yes.
to comply with all applicable
landscape ordinances;
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(2) Respond to the neighborhood Yes. *Yes.
context;
(3) Create a transition in bulk Yes. *Yes.
and scale;
(4) Use architectural styles Yes. *Yes.
and details (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:
(1) Promote pedestrian Yes. *yes.
interaction;
(2) Design facades that Yes. *Yes.
respond primarily to the
human scale;
(3) Provide active, not blank Yes. *Yes.
facades. Where blank walls
are unavoidable, they should
receive design treatment.
IV) Streetscape and Open Space:
(1) Provide usable open space Yes. *yes.
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant Yes. *yes.
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
V) Vehicular Access and Parking:
(1) Design for pedestrian and Yes. *Yes.
vehicular safety to minimize
conflict points;
(2) Minimize the number and Yes. *Yes.
width of driveways and curb
cuts;
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(3) Parking adjacent to a street Yes. *Yes.
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas Yes. *Yes.
as district buffer.
VI) Screening:
(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 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 Yes. *Yes.
structures with program uses.
Where program uses are not
feasible soften the garage
structure with trellises,
landscaping, and/or other
suitable design element.
VII) Signage and Lighting:
(1) Design signage appropriate Yes. *yes.
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes. *yes.
feature to the building facade,
on and around landscape
areas, special building or
site features, and/or signage;
(3) Orient outside lighting to Yes. *yes.
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minimize glare to adjacent
properties;
(4) Provide visible signage Yes. *Yes.
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
VIl1) Preservation of Natural Features:
(1) Preserve existing vegetation Yes. *yes.
and/or geological features
whenever possible.
IX) Modification of Nonconformities:
(1) For modifications of Yes. *Yes.
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform Yes. *Yes.
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
*Compliance is subject to conditions.
These findings have been made by the City Commission to approve this project with conditions.
d. 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).
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 Major Use Special Permit;
(4) the PROJECT will favorably affect the need for people to find adequate housing reasonably
accessible to their places of employment;
(5) the PROJECT will efficiently use necessary public facilities;
(6) the PROJECT will not negatively impact the environment and natural resources of the City;
(7) the PROJECT will not adversely affect living conditions in the neighborhood;
(8) the PROJECT will not adversely affect public safety;
(9) based on the record presented and evidence presented, the public welfare will be served by
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the PROJECT; and
(10) any potentially adverse effects of the PROJECT arising from safety and security, fire
protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority
participation and employment, and minority contractor/subcontractor participation will be mitigated
through compliance with the conditions of this 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 Major Use Special Permit. which was submitted on January 9, 2006,
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 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 Major Use Special Permit, as approved, shall
commence and become operative thirty (30) days after the adoption of the Resolution.
Section 13. This 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 13 and 17 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 Major Use Special Permit
for 111 NE 11th Street (MU-2006-003), (hereinafter referred to as the "PROJECT") to be located at
approximately 111 NE 11th 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
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Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following
conditions approves the 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 111 NE 11th
Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 3.26± acres and
a net lot area of approximately 1.43± 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 425-foot, 42-story high mixed -use structure to be
comprised of approximately 430 total multifamily 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.
The Major Use Special Permit Application for the PROJECT also encompasses the following lower
ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MUSP, as per City of Miami zoning ordinance, Article 17, section 1701(1), for development of 430
residential units;
MUSP, as per City of Miami zoning ordinance, Article 17, section 1701(7), for development of
project with 508 parking spaces.
Per City Code, Chapter 36, Construction Equipment, request for waiver of noise ordinance while
under construction for continuous pours
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 II 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 construction 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.
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CLASS I SPECIAL PERMITS
CLASS 1 SPECIAL PERMIT, as per determination of use No. 20040-007 dated September 14,
2004, to allow temporary parking of trailers or manufactured homes used in connection with such
land development activities as temporary construction offices or sales center;
CLASS 1 SPECIAL PERMIT as per Article 9, Section 906.9, to allow for a special event namely a
ground breaking ceremony;
CLASS 1 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
development/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.
The PROJECT shall be constructed substantially in accordance with plans and design schematics
on file prepared by the firms of Touzet Studio, dated December 22, 2005; the landscape plan shall be
implemented substantially in accordance with plans and design schematics on file prepared by Urban
Resource Group, dated December 2, 2005; said design and landscape plans may be permitted to be
modified only to the extent necessary to comply with the conditions for approval imposed herein; all
modifications shall be subject to the review and approval of the Planning Director prior to the issuance
of any building permits; and
The PROJECT conforms to the requirements of the SD-16.1(Southeast Overtown-Park West
Commercial Residential District) zoning classification, as contained in the Zoning Ordinance, the
Zoning Ordinance of the City of Miami, Florida, as amended. The existing 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) 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.
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2) Allow the Miami Police Department to conduct a security survey, at the option of the
Department, and to make recommendations concerning security measures and systems; further
submit a report to the Planning Department, prior to commencement of construction, demonstrating
how the Police Department recommendations, if any, have been incorporated into the PROJECT
security and construction plans, or demonstrate to the Planning Director why such recommendations
are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating
APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of
Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development
process and review procedures, as well as specific requirements for fire protection and life safety
systems, exiting, vehicular access and water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste
that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a
shell permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for
Development Approval, with the understanding that the APPLICANT must use its best efforts to follow
the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide.
6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of
a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and
Restrictions providing that the ownership, operation and maintenance of all common areas and
facilities will be by the property owner or a mandatory property owner association in perpetuity.
7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP
permit resolution and development order, and further, an executed, record able unity of title or
covenant in lieu of unity of title agreement for the subject property; said agreement shall be subject to
the review and approval of the City Attorney's Office.
8) Provide the Planning Department with a temporary construction plan that includes the
following: a temporary construction parking plan, with an enforcement policy; a construction noise
management plan with an enforcement policy; and a maintenance plan for the temporary construction
site; said plan shall be subject to the review and approval by the Planning Department prior to the
issuance of any building permits and shall be enforced during construction activity. All construction
activity shall remain in full compliance with the provisions of the submitted construction plan; failure to
comply may lead to a suspension or revocation of this Major Use Special Permit.
9) In so far as this Major Use Special Permit includes the subordinate approval of a series of
Class 1 Special Permits for which specific details have not yet been developed or provided, the
applicant shall provide the Planning Department with all subordinate Class 1 Special Permit plans and
detailed requirements for final review and approval of each one prior to the issuance of any of the
subordinate approvals required in order to carry out any of the requested activities and/or
improvements listed in this development order or captioned in the plans approved by it.
10) If the project is to be developed in phases, the Applicant shall submit an interim plan,
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including a landscape plan, which addresses design details for the land occupying future phases of
this Project in the event that the future phases are not developed, said plan shall include a proposed
timetable and shall be subject to review and approval by the Planning Director.
11) Pursuant to design related comments received by the Planning Director, the applicant shall
meet the following conditions: (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 lst 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 building 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 elements 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 canopy 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 llth Street - Construct new sidewalk, curb
and gutter and pavement on the north half of the roadway between NE 1st Avenue and NE 2nd
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 1-395 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.
13) Within 90 days of the effective date of this Development Order, record a certified copy of
the Development Order specifying that the Development Order runs with the land and is binding on the
Applicant, its successors, and assigns, jointly or severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date of its issuance;
the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the
provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of
Miami, and complies with local land development regulations and further, pursuant to Section 1703 of
the Zoning Ordinance:
(1)
(2)
(3)
the PROJECT will have a favorable impact on the economy of the City; and
the PROJECT will efficiently use public transportation facilities; and
the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment; and
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(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural resources of the
City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) 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.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
{1) If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami
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