HomeMy WebLinkAboutPAB Supporting DocumentationLEGISTAR FILE ID: 05-01524mm
APPLICANT
REQUEST/LOCATION
COMMISSION DISTRICT
ZONING DISTRICT(S)
SITE AREA
LEGAL DESCRIPTION
PETITION
PLANNING
RECOMMENDATION
BACKGROUND AND
ANALYSIS
PLANNING ADVISORY BOARD
CITY COMMISSION
PLANNING FACT SHEET
February 7, 2007 Item #5
Javier F. Avif o, Esquire, on behalf Bird Road Holdings,
LLC, owners.
Consideration of a Substantial Modification to a Major Use
Special Permit for the 3760 Bird Road project
(MU-2005-01524mm), located at approximately 3760 Bird
Road. [South/West Coconut Grove NET District]
2
C-1(Restricted Commercial)
3.12± acres (Gross) and 1.75± acres (Net)
See supporting documentation
Consideration of a Resolution, approving with conditions,
a Substantial Modification to a Major Use Special Permit,
Resolution 01-0199, pursuant to Articles 5, 9, 13, 17 and
22 of Zoning Ordinance No. 11000, as amended, for the
3760 Bird Road project (MU-2005-01524mm), located
at approximately 3760 Bird Road, Miami, Florida, to allow
the modification of the previously approved 3760 Bird
Road project as follow; to construct an approximate 292-
foot, 12 story high mixed use structure to be comprised
of approximately 14,217 square feet of retail and
318,406 square feet of office space, approximately 9,410
square feet of restaurant plus an additional outdoor
restaurant seating area of approximately 1,725 square
feet, approximately 1,099 total parking spaces; providing
for certain floor area ratio ("FAR") bonuses.
Approval with conditions
See supporting documentation
Item #5 VOTE:
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500
Date Printed: 1/30/2007 Page 1
ANALYSIS
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
for
3760 BIRD ROAD SUBSTANTIAL MODIFICATION
located at approximately
3760 Bird Road
LEGISTAR FILE ID: 05-01524mm
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for 3760 Bird Road Substantial Modification project
(MU-2005-01524mm) has been reviewed to allow a Substantial Modification to a Major
Use Special Permit, Resolution 06-0188, pursuant to Articles 5, 9, 13, 17 and 22 of
Zoning Ordinance No. 11000, as amended, located at approximately 3760 Bird Road,
Miami, Florida, to allow the modification of the previously approved 3760 Bird Road
project as follow; to construct an approximate 292-foot, 12-story high mixed use
structure to be comprised approximately 30,217 square feet of retail and 318,406
square feet of office space, approximately 9,410 square feet of restaurant plus an
additional outdoor restaurant seating area of approximately 1,725 square feet and
approximately 1,099 total parking spaces.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (8) and
ARTICLE 9, Section 914, Sub -Section 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 58,354.14 square feet, the user shall make a non-refundable
bonus developer contribution of an amount of $723,591.33 to the Affordable Housing
Trust Fund administered by the City of Miami;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (9) and
ARTICLE 5, Sect. 502. PUD districts; minimum area, maximum densities and maximum
floor area ratios permitted (a)(c), to allow up to 20 % increase of floor area ratio, for an
increase of approximately 46,683 square feet of floor area;
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;
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;
The Major Use Special Permit encompasses the following Special Permits and the
additional requests:
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, C-1 Restricted Commercial,
Class II Special Permits required, to allow an increase of the maximum allowed footprint
of 40 % the Gross Lot Area to 60% GLA;
Page 1 of 7
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, C-1 Restricted Commercial,
Class II Special Permits required under Conditional Accessories Uses, to allow drive -
through facilities for financial institutions;
CLASS II SPECIAL PERMIT, as per Article 9, Section 931.2 (a), Drive -through and
drive-in establishments; car washes, Drive -through bank, to allow reduction of one of the
required spaces before the teller windows for each of the first and second teller
windows;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -Section 917.1.1,
Parking maneuvers on public streets or sidewalks prohibited; backing into an alley by
Class II Special Permit; exceptions, to allow maneuvering on public street (Peacock
Avenue) of four (4) loading trucks;
CLASS II 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 906.9.
Temporary special events; special permits; criteria, to allow 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, Sub -Section 916.2.1.
Temporary special event parking, to allow parking for temporary special event such as
ground breaking ceremonies;
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 construction 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 mobile homes, 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, leasing and sales centers;
CLASS I SPECIAL PERMIT, as per, ARTICLE 10, Section 10.5, Sub -Section 10.5.4.3,
C-1 Restricted Commercial, 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 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;
Page 2 of 7
REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions
be required at the time of issuance of Shell Permit instead of at issuance of 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 5, 9, 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 with a height of
approximate 292-feet,12-story high mixed use structure to be comprised
approximately 30,217 square feet of retail and 318,406 square feet of office space,
approximately 9,410 square feet of restaurant plus an additional outdoor
restaurant seating area of approximately 1,725 square feet and eliminating the
residential component from the previously approved MUSP the Planning
Department has incorporated additional comments as a result of additional
technical reviews in reference to this project in addition to the ones previously
submitted comments from 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 retail and office opportunities in the South/West Coconut Grove NET
District.
• It is found that the subject property is located in the "Realty Securities Corporations
Plat of Coconut Grove" Plat within the Douglas Park 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 C-1 (Restricted Commercial).
• 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 with a height of approximately 292-feet is not
located along a Primary Pedestrian Pathway.
• It is found that the original project with a height of approximately 292-feet is not
located within an Archeological Conservation area.
Page 3 of 7
• It is found that the residential density portion of the previously approved MUSP
(Resolution 06-0188) no longer exist as part of this substantial modification.
• It is found that the increase of office space use from 67,800 square feet to 318,406
square feet; the decrease of retail space from 19,600 square feet to 14,217 square
feet and the new restaurant portion of the project with 9,410 square feet and
approximately 1,725 square feet of outdoor dinning will be beneficial to the City of
Miami.
• Pursuant to Article 9, Section 914, the proposed project is requesting a development
bonus of 58,354.14 square feet of additional floor area, and shall pay into the
Affordable Housing Trust Fund at amount of $12.40 per square foot = $723,591.33.
• It is found that the project is expected to cost approximately $123,938,194, and to
employ approximately 212 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 $830,374 annually in tax revenues to the City
(2006 dollars).
• It is found that the proposed substantial modification to the project was reviewed by
the Internal Design Review Committee on September 5, 2006, and the following
pertinent comments were made: Architecture — (1) The decorative facade feature
on the west elevation appears out of scale and lacks sufficient detail. Please study
the size of the panels and include a clear indication of the material and design of this
element; (2) The South and East elevations of the project are of concern. Please be
more specific as to how the material samples will be applied to these elevations,
while insuring that no elevation contains large areas of blank wall; Pedestrian
Realm — (1) 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; (2) 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; (3) Arrange the
parking garage to be efficient while providing the least amount of curb cuts.
Whenever possible, do not locate garage openings adjacent to each other. Refer to
the previous project submittal which contained only two curb cuts that were not
located adjacent to each other; (4) Further articulate the ground floor of the building
at a human scale and as distinct from the overall body of the building ; Landscaping
— (1) Provide a continuous canopy of shade trees to provide comfort for pedestrians
along all street frontages; (2) Provide a complete tree survey of existing conditions
including species, diameter and spread including all trees in the right-of-way.
• It is found that Miami -Dade Public Schools provided a preliminary review of the
original project on September 28, 2006. The conducted review indicated that the
requirements of the Interlocal Agreement are not triggered since the application is
for office/commercial-type uses and the project does not incorporate a residential
component.
Page 4 of 7
• It is found that on October 4, 2006, the City of Miami Public Works Department
provided a review of the project and commented that: (1) Bird Road — Coordination
with the Florida Department of Transportation to replace all broken and damaged
sidewalk, curb and gutter adjacent to the project will be required. (2) SW 37th Court —
Replace all broken and damaged sidewalk on both sides of the court. Construct new
curb and gutter and pavement, in accordance with the Public Works standard. Mill
and resurface the driving lanes, full width, between Peacock Avenue and Bird Road.
(3) SW 38`h Avenue — Replace all broken and damaged sidewalks, curb and gutter
on both sides of the avenue adjacent to the project site. Mill and resurface the
driving lanes, full width, curb to curb, between Peacock Avenue and Bird Road.
(4) Peacock Avenue - Replace all broken and damaged sidewalks, curb and gutter
on both sides of the avenue adjacent to the project site. Mill and resurface the
driving lanes, full width, curb to curb, between SW 37th Court and SW 38th Avenue.
• It is found that the project with a height of approximately 292-feet was reviewed for
design appropriateness by the Urban Development Review Board on November 15,
2006, which recommended Approval (UDRB Reso. 11-15-06-4) with conditions.
• It is found that on November 21, 2006, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #168) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient. The proposed substantial
modification has not impacted the previous analysis. However, it was noted that the
project is located immediately adjacent to the Coral Gables Trolley. As such, a
Trolley Station along the southern periphery of this project with an internal access
from the project will allow for the encouragement for the use of mass transit.
• It is found that the Miami -Dade Aviation Department has not provided a Height
Analysis review for the "3760 Bird Road Substantial Modification" project with a
height of approximately 292-feet. However, a new analysis would have to be
submitted for review and approval by Miami -Dade Aviation Department prior to the
issuance of a building permit.
• 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
including the required Affordable Housing Trust fund contribution of $12.40 per square
foot for any applicable FAR increase sought under those provisions.
Page 5 of 7
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 subordinate Special Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Planning Department with all
subordinate 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.
Page 6 of 7
ANALYSIS
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
for
3760 BIRD ROAD SUBSTANTIAL MODIFICATION
located at approximately
3760 Bird Road
LEGISTAR FILE ID: 05-01524mm
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for 3760 Bird Road Substantial Modification project
(MU-2005-01524mm) has been reviewed to allow a Substantial Modification to a Major
Use Special Permit, Resolution 06-0188, pursuant to Articles 5, 9, 13, 17 and 22 of
Zoning Ordinance No. 11000, as amended, located at approximately 3760 Bird Road,
Miami, Florida, to allow the modification of the previously approved 3760 Bird Road
project as follow; to construct an approximate 292-foot, 12-story high mixed use
structure to be comprised approximately 30,217 square feet of retail and 318,406
square feet of office space, approximately 9,410 square feet of restaurant plus an
additional outdoor restaurant seating area of approximately 1,725 square feet and
approximately 1,099 total parking spaces.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (8) and
ARTICLE 9, Section 914, Sub -Section 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 58,354.14 square feet, the user shall make a non-refundable
bonus developer contribution of an amount of $723,591.33 to the Affordable Housing
Trust Fund administered by the City of Miami;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (9) and
ARTICLE 5, Sect. 502. PUD districts; minimum area, maximum densities and maximum
floor area ratios permitted (a)(c), to allow up to 20 % increase of floor area ratio, for an
increase of approximately 46,683 square feet of floor area;
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;
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;
The Major Use Special Permit encompasses the following Special Permits and the
additional requests:
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, C-1 Restricted Commercial,
Class II Special Permits required, to allow an increase of the maximum allowed footprint
of 40 % the Gross Lot Area to 60% GLA;
Page 1 of 7
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, C-1 Restricted Commercial,
Class II Special Permits required under Conditional Accessories Uses, to allow drive -
through facilities for financial institutions;
CLASS II SPECIAL PERMIT, as per Article 9, Section 931.2 (a), Drive -through and
drive-in establishments; car washes, Drive -through bank, to allow reduction of one of the
required spaces before the teller windows for each of the first and second teller
windows;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -Section 917.1.1,
Parking maneuvers on public streets or sidewalks prohibited; backing into an alley by
Class II Special Permit; exceptions, to allow maneuvering on public street (Peacock
Avenue) of four (4) loading trucks;
CLASS II 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 906.9.
Temporary special events; special permits; criteria, to allow 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, Sub -Section 916.2.1.
Temporary special event parking, to allow parking for temporary special event such as
ground breaking ceremonies;
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 construction 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 mobile homes, 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, leasing and sales centers;
CLASS I SPECIAL PERMIT, as per, ARTICLE 10, Section 10.5, Sub -Section 10.5.4.3,
C-1 Restricted Commercial, 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 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;
Page 2 of 7
REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions
be required at the time of issuance of Shell Permit instead of at issuance of 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 5, 9, 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 with a height of
approximate 292-feet,12-story high mixed use structure to be comprised
approximately 30,217 square feet of retail and 318,406 square feet of office space,
approximately 9,410 square feet of restaurant plus an additional outdoor
restaurant seating area of approximately 1,725 square feet and eliminating the
residential component from the previously approved MUSP the Planning
Department has incorporated additional comments as a result of additional
technical reviews in reference to this project in addition to the ones previously
submitted comments from 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 retail and office opportunities in the South/West Coconut Grove NET
District.
It is found that the subject property is located in the "Realty Securities Corporations
Plat of Coconut Grove" Plat within the Douglas Park 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 C-1 (Restricted Commercial).
• 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 with a height of approximately 292-feet is not
located along a Primary Pedestrian Pathway.
It is found that the original project with a height of approximately 292-feet is not
located within an Archeological Conservation area.
Page3of7
• It is found that the residential density portion of the previously approved MUSP
(Resolution 06-0188) no longer exist as part of this substantial modification.
• It is found that the increase of office space use from 67,800 square feet to 318,406
square feet; the decrease of retail space from 19,600 square feet to 14,217 square
feet and the new restaurant portion of the project with 9,410 square feet and
approximately 1,725 square feet of outdoor dinning will be beneficial to the City of
Miami.
• Pursuant to Article 9, Section 914, the proposed project is requesting a development
bonus of 58,354.14 square feet of additional floor area, and shall pay into the
Affordable Housing Trust Fund at amount of $12.40 per square foot = $723,591.33.
• It is found that the project is expected to cost approximately $123,938,194, and to
employ approximately 212 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 $830,374 annually in tax revenues to the City
(2006 dollars).
• It is found that the proposed substantial modification to the project was reviewed by
the Internal Design Review Committee on September 5, 2006, and the following
pertinent comments were made: Architecture — (1) The decorative fagade feature
on the west elevation appears out of scale and lacks sufficient detail. Please study
the size of the panels and include a clear indication of the material and design of this
element; (2) The South and East elevations of the project are of concern. Please be
more specific as to how the material samples will be applied to these elevations,
while insuring that no elevation contains large areas of blank wall; Pedestrian
Realm — (1) 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; (2) 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; (3) Arrange the
parking garage to be efficient while providing the least amount of curb cuts.
Whenever possible, do not locate garage openings adjacent to each other. Refer to
the previous project submittal which contained only two curb cuts that were not
located adjacent to each other; (4) Further articulate the ground floor of the building
at a human scale and as distinct from the overall body of the building ; Landscaping
— (1) Provide a continuous canopy of shade trees to provide comfort for pedestrians
along all street frontages; (2) Provide a complete tree survey of existing conditions
including species, diameter and spread including all trees in the right-of-way.
• It is found that Miami -Dade Public Schools provided a preliminary review of the
original project on September 28, 2006. The conducted review indicated that the
requirements of the Interlocal Agreement are not triggered since the application is
for office/commercial-type uses and the project does not incorporate a residential
component.
Page 4 of 7
• It is found that on October 4, 2006, the City of Miami Public Works Department
provided a review of the project and commented that: (1) Bird Road — Coordination
with the Florida Department of Transportation to replace all broken and damaged
sidewalk, curb and gutter adjacent to the project will be required. (2) SW 37th Court —
Replace all broken and damaged sidewalk on both sides of the court. Construct new
curb and gutter and pavement, in accordance with the Public Works standard. Mill
and resurface the driving lanes, full width, between Peacock Avenue and Bird Road.
(3) SW 38th Avenue — Replace all broken and damaged sidewalks, curb and gutter
on both sides of the avenue adjacent to the project site. Mill and resurface the
driving lanes, full width, curb to curb, between Peacock Avenue and Bird Road.
(4) Peacock Avenue - Replace all broken and damaged sidewalks, curb and gutter
on both sides of the avenue adjacent to the project site. Mill and resurface the
driving lanes, full width, curb to curb, between SW 37th Court and SW 38th Avenue.
• It is found that the project with a height of approximately 292-feet was reviewed for
design appropriateness by the Urban Development Review Board on November 15,
2006, which recommended Approval (UDRB Reso. 11-15-06-4) with conditions.
• It is found that on November 21, 2006, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #168) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient. The proposed substantial
modification has not impacted the previous analysis. However, it was noted that the
project is located immediately adjacent to the Coral Gables Trolley. As such, a
Trolley Station along the southern periphery of this project with an internal access
from the project will allow for the encouragement for the use of mass transit.
• It is found that the Miami -Dade Aviation Department has not provided a Height
Analysis review for the "3760 Bird Road Substantial Modification" project with a
height of approximately 292-feet. However, a new analysis would have to be
submitted for review and approval by Miami -Dade Aviation Department prior to the
issuance of a building permit.
• 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
including the required Affordable Housing Trust fund contribution of $12.40 per square
foot for any applicable FAR increase sought under those provisions.
Page 5 of 7
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 subordinate Special Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Planning Department with all
subordinate 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.
Page 6 of 7
10) Obtain approval from, or provide a letter from Miami -Dade Aviation
Department indicating that the proposed height of approximately 292 feet is in
compliance with all the concerns of the Department prior to the obtainment of a shell
permit.
11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) Provide new elevations at a larger
scale with details, more particular the west elevation, for review approval by the
Planning Director prior to the issuance of a building permit (b) Reconfigure the size of
the panels and include a clear indication of the material and design of this element (c)
Large areas of blank wall are unacceptable; (d) The sidewalks 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; (e) Reduce the amount of curb cuts whenever possible and do not
locate garage openings adjacent to each other; (f) Further articulate the ground floor of
the building at a human scale; (g) Provide a continuous canopy of shade trees to
provide comfort for pedestrians along all street frontages; (h) Provide a complete tree
survey of existing conditions including species, diameter and spread including all trees
in the right-of-way.
12) Pursuant to comments by the City of Miami Public Works Department, the
following shall be required of the applicant: (1) Bird Road — Coordination with the Florida
Department of Transportation to replace all broken and damaged sidewalk, curb and
gutter adjacent to the project will be required. (2) SW 37th Court — Replace all broken
and damaged sidewalk on both sides of the court. Construct new curb and gutter and
pavement, in accordance with the Public Works standard. Mill and resurface the driving
lanes, full width, between Peacock Avenue and Bird Road. (3) SW 38th Avenue —
Replace all broken and damaged sidewalks, curb and gutter on both sides of the
avenue adjacent to the project site. Mill and resurface the driving lanes, full width, curb
to curb, between Peacock Avenue and Bird Road. (4) Peacock Avenue - Replace all
broken and damaged sidewalks, curb and gutter on both sides of the avenue adjacent
to the project site. Mill and resurface the driving lanes, full width, curb to curb, between
SW 37th Court and SW 38th Avenue.
13) 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.
14) A development bonus to permit a mixed use of 58,354.14 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $723,591.33.
15) 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.
Page 7 of 7
ANALYSIS
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
for
3760 BIRD ROAD SUBSTANTIAL MODIFICATION
located at approximately
3760 Bird Road
LEGISTAR FILE ID: 05-01524mm
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for 3760 Bird Road Substantial Modification project
(MU-2005-01524mm) has been reviewed to allow a Substantial Modification to a Major
Use Special Permit, Resolution 06-0188, pursuant to Articles 5, 9, 13, 17 and 22 of
Zoning Ordinance No. 11000, as amended, located at approximately 3760 Bird Road,
Miami, Florida, to allow the modification of the previously approved 3760 Bird Road
project as follow; to construct an approximate 292-foot, 12-story high mixed use
structure to be comprised approximately 30,217 square feet of retail and 318,406
square feet of office space, approximately 9,410 square feet of restaurant plus an
additional outdoor restaurant seating area of approximately 1,725 square feet and
approximately 1,099 total parking spaces.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (8) and
ARTICLE 9, Section 914, Sub -Section 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 58,354.14 square feet, the user shall make a non-refundable
bonus developer contribution of an amount of $723,591.33 to the Affordable Housing
Trust Fund administered by the City of Miami;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (9) and
ARTICLE 5, Sect. 502. PUD districts; minimum area, maximum densities and maximum
floor area ratios permitted (a)(c), to allow up to 20 % increase of floor area ratio, for an
increase of approximately 46,683 square feet of floor area;
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;
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;
The Major Use Special Permit encompasses the following Special Permits and the
additional requests:
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, C-1 Restricted Commercial,
Class II Special Permits required, to allow an increase of the maximum allowed footprint
of 40 % the Gross Lot Area to 60% GLA;
Page 1 of 7
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, C-1 Restricted Commercial,
Class II Special Permits required under Conditional Accessories Uses, to allow drive -
through facilities for financial institutions;
CLASS II SPECIAL PERMIT, as per Article 9, Section 931.2 (a), Drive -through and
drive-in establishments; car washes, Drive -through bank, to allow reduction of one of the
required spaces before the teller windows for each of the first and second teller
windows;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -Section 917.1.1,
Parking maneuvers on public streets or sidewalks prohibited; backing into an alley by
Class II Special Permit; exceptions, to allow maneuvering on public street (Peacock
Avenue) of four (4) loading trucks;
CLASS II 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 906.9.
Temporary special events; special permits; criteria, to allow 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, Sub -Section 916.2.1.
Temporary special event parking, to allow parking for temporary special event such as
ground breaking ceremonies;
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 construction 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 mobile homes, 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, leasing and sales centers;
CLASS I SPECIAL PERMIT, as per, ARTICLE 10, Section 10.5, Sub -Section 10.5.4.3,
C-1 Restricted Commercial, 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 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;
Page 2 of 7
REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions
be required at the time of issuance of Shell Permit instead of at issuance of 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 5, 9, 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 with a height of
approximate 292-feet,12-story high mixed use structure to be comprised
approximately 30,217 square feet of retail and 318,406 square feet of office space,
approximately 9,410 square feet of restaurant plus an additional outdoor
restaurant seating area of approximately 1,725 square feet and eliminating the
residential component from the previously approved MUSP the Planning
Department has incorporated additional comments as a result of additional
technical reviews in reference to this project in addition to the ones previously
submitted comments from 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 retail and office opportunities in the South/West Coconut Grove NET
District.
• It is found that the subject property is located in the "Realty Securities Corporations
Plat of Coconut Grove" Plat within the Douglas Park 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 C-1 (Restricted Commercial).
• 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 with a height of approximately 292-feet is not
located along a Primary Pedestrian Pathway.
• It is found that the original project with a height of approximately 292-feet is not
located within an Archeological Conservation area.
Page 3 of 7
• It is found that the residential density portion of the previously approved MUSP
(Resolution 06-0188) no longer exist as part of this substantial modification.
• It is found that the increase of office space use from 67,800 square feet to 318,406
square feet; the decrease of retail space from 19,600 square feet to 14,217 square
feet and the new restaurant portion of the project with 9,410 square feet and
approximately 1,725 square feet of outdoor dinning will be beneficial to the City of
Miami.
• Pursuant to Article 9, Section 914, the proposed project is requesting a development
bonus of 58,354.14 square feet of additional floor area, and shall pay into the
Affordable Housing Trust Fund at amount of $12.40 per square foot = $723,591.33.
• It is found that the project is expected to cost approximately $123,938,194, and to
employ approximately 212 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 $830,374 annually in tax revenues to the City
(2006 dollars).
• It is found that the proposed substantial modification to the project was reviewed by
the Internal Design Review Committee on September 5, 2006, and the following
pertinent comments were made: Architecture — (1) The decorative facade feature
on the west elevation appears out of scale and lacks sufficient detail. Please study
the size of the panels and include a clear indication of the material and design of this
element; (2) The South and East elevations of the project are of concern. Please be
more specific as to how the material samples will be applied to these elevations,
while insuring that no elevation contains large areas of blank wall; Pedestrian
Realm — (1) 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; (2) 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; (3) Arrange the
parking garage to be efficient while providing the least amount of curb cuts.
Whenever possible, do not locate garage openings adjacent to each other. Refer to
the previous project submittal which contained only two curb cuts that were not
located adjacent to each other; (4) Further articulate the ground floor of the building
at a human scale and as distinct from the overall body of the building ; Landscaping
— (1) Provide a continuous canopy of shade trees to provide comfort for pedestrians
along all street frontages; (2) Provide a complete tree survey of existing conditions
including species, diameter and spread including all trees in the right-of-way.
• It is found that Miami -Dade Public Schools provided a preliminary review of the
original project on September 28, 2006. The conducted review indicated that the
requirements of the Interlocal Agreement are not triggered since the application is
for office/commercial-type uses and the project does not incorporate a residential
component.
Page 4 of 7
• It is found that on October 4, 2006, the City of Miami Public Works Department
provided a review of the project and commented that: (1) Bird Road — Coordination
with the Florida Department of Transportation to replace all broken and damaged
sidewalk, curb and gutter adjacent to the project will be required. (2) SW 37th Court —
Replace all broken and damaged sidewalk on both sides of the court. Construct new
curb and gutter and pavement, in accordance with the Public Works standard. Mill
and resurface the driving lanes, full width, between Peacock Avenue and Bird Road.
(3) SW 38th Avenue — Replace all broken and damaged sidewalks, curb and gutter
on both sides of the avenue adjacent to the project site. Mill and resurface the
driving lanes, full width, curb to curb, between Peacock Avenue and Bird Road.
(4) Peacock Avenue - Replace all broken and damaged sidewalks, curb and gutter
on both sides of the avenue adjacent to the project site. Mill and resurface the
driving lanes, full width, curb to curb, between SW 37th Court and SW 38th Avenue.
• It is found that the project with a height of approximately 292-feet was reviewed for
design appropriateness by the Urban Development Review Board on November 15,
2006, which recommended Approval (UDRB Reso. 11-15-06-4) with conditions.
• It is found that on November 21, 2006, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #168) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient. The proposed substantial
modification has not impacted the previous analysis. However, it was noted that the
project is located immediately adjacent to the Coral Gables Trolley. As such, a
Trolley Station along the southern periphery of this project with an internal access
from the project will allow for the encouragement for the use of mass transit.
• It is found that the Miami -Dade Aviation Department has not provided a Height
Analysis review for the "3760 Bird Road Substantial Modification" project with a
height of approximately 292-feet. However, a new analysis would have to be
submitted for review and approval by Miami -Dade Aviation Department prior to the
issuance of a building permit.
• 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
including the required Affordable Housing Trust fund contribution of $12.40 per square
foot for any applicable FAR increase sought under those provisions.
Page 5 of 7
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 subordinate Special Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Planning Department with all
subordinate 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.
Page 6 of 7
10) Obtain approval from, or provide a letter from Miami -Dade Aviation
Department indicating that the proposed height of approximately 292 feet is in
compliance with all the concerns of the Department prior to the obtainment of a shell
permit.
11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) Provide new elevations at a larger
scale with details, more particular the west elevation, for review approval by the
Planning Director prior to the issuance of a building permit (b) Reconfigure the size of
the panels and include a clear indication of the material and design of this element (c)
Large areas of blank wall are unacceptable; (d) The sidewalks 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; (e) Reduce the amount of curb cuts whenever possible and do not
locate garage openings adjacent to each other; (f) Further articulate the ground floor of
the building at a human scale; (g) Provide a continuous canopy of shade trees to
provide comfort for pedestrians along all street frontages; (h) Provide a complete tree
survey of existing conditions including species, diameter and spread including all trees
in the right-of-way.
12) Pursuant to comments by the City of Miami Public Works Department, the
following shall be required of the applicant: (1) Bird Road — Coordination with the Florida
Department of Transportation to replace all broken and damaged sidewalk, curb and
gutter adjacent to the project will be required. (2) SW 37th Court — Replace all broken
and damaged sidewalk on both sides of the court. Construct new curb and gutter and
pavement, in accordance with the Public Works standard. Mill and resurface the driving
lanes, full width, between Peacock Avenue and Bird Road. (3) SW 38th Avenue —
Replace all broken and damaged sidewalks, curb and gutter on both sides of the
avenue adjacent to the project site. Mill and resurface the driving lanes, full width, curb
to curb, between Peacock Avenue and Bird Road. (4) Peacock Avenue - Replace all
broken and damaged sidewalks, curb and gutter on both sides of the avenue adjacent
to the project site. Mill and resurface the driving lanes, full width, curb to curb, between
SW 37`h Court and SW 38th Avenue.
13) 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.
14) A development bonus to permit a mixed use of 58,354.14 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $723,591.33.
15) 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.
Page 7 of 7
FUTURE LAND USE MAP
BIRD ROAD
RESTRICTED
COMMERCIAL
ING AV
STRIAI
PEACOCK
OFFICE
n
Co MEDIUM DENSITY
MULTIFAMILY
/ RESIDENTIAL
I 1
0
150
300
ta'00 Feet
ADDRESS: 3760 BIRD ROAD
0
150
J
300
ZONING ATLAS MAP
800 Feet
ADDRESS: 3760 BIRD ROAD
0
1
150 =00 ■
1
ADDRESS: 3760 BIRD ROAD
Projects in the Vicinity
3760 Bird Road Non -Substantial Modification
05-01524mm
No. Name Floors
Units Status
1. Miami -Dade WASD Headquarters ---
2. Byblos (Bird Road Khalil Condo) 12
3. Miami Green (fka Domain at Douglas) ---
--- Existing
38 Application
13 Approved
05-01524mm - Projects in the Vicinity
Miami -Dade County Public Schools
Superintendent of Schools
Rudolph F. Crew, Ed.D.
Chief Facilities Officer
Rose Diamond
Planning Officer
Ana Rijo-Conde, AICP
September 28, 2006
Ms. Ana Gelabert-Sanchez, Director
Planning and Zoning Department
City of Miami
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33130
Re: Preliminary H & H Development — 3760 Bird Road
Dear Ms. Gelabert-Sanchez:
giving our students the world
Miami -Dade County School Board
Agustin J. Barrera, Chair
Peria Tabares Hantman, Vice Chair
Frank J. Bolanos
Evelyn Langlieb Greer
Dr. Robert B. Ingram
Dr. Martin Karp
Ana Rivas Logan
Dr. Marta Perez
Dr. Solomon C. Stinson
Pursuant to the state mandated Interlocal Agreement for Public School Facility Planning in
Miami -Dade County (Interlocal Agreement), the District has reviewed the application and
supporting documentation for the above referenced project. Our preliminary findings indicate
that the requirements of the Interlocal Agreement are not triggered since the application is for
office/commercial-type use, with no residential component.
Thank you in advance for your cooperation in this matter. Should you have any questions,
please contact me at (305) 995-7287.
Sincerely,
Vivian illaamil
Director I
VGV:mo
L166
cc: Ms. Ana Rijo-Conde, AICP
Mr. Fernando Albuerne
Mr. Ivan M. Rodriguez, R.A.
Mr. Kevin Walford, Planner
S Z :E Wd Z -130 9001
IN3141Ardc130 9NINNV1d
n2A,1E1:YT8
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
RECEIVED
PLANNING DERARTM
TO ; Ana Gelabert-Sanchez
Director
Planning Department
(*vi%--1A
FROM : Stephanie N. Grindell, P.E.
Director
Public Works Department
DATE:
SUBJECT:
October 4, 2006
2006 OCT 1 1 PM 12: 3
FILE :
Large Scale Development Review-
H & H Development — 3760 Bird Road
Amendment to MUSP
REFERENCES:
ENCLOSURES:
The Public Works Department has reviewed the amendment to the Large Scale Development
plans for the development entitled H & H Development located at 3760 Bird Road and has the
following comments.
1. The record profile grade for SW 38 Avenue slopes from 13.5 feet of elevation at Bird Road
to 17.3 feet of elevation at Peacock Avenue. Since the ground floor flood elevation for the
proposed building is approximately 18.0 feet, the vertical difference between the private
property and the public sidewalk varies from 1 to 4 feet. All transitions from the established
street profile grade to the building flood elevation must be accomplished on private property.
Stairs, ramps, retaining walls, etc. will not be permitted in the public right of way and the
record profile street grade can not be changed to accommodate the proposed building ground
floor elevation.
2. Florida Department of Transportation approval and permit is required for improvement(s) on
S.W. 40 Street aka Bird Road.
3. The maximum slope for a driveway ramp sloping downward toward the street is 1:10 for the
last 20 feet to the property line. All stormwater must be retained on site including the
driveways and plazas on private property adjacent to the public streets. All plazas and
driveways must be graded or trench drains provided to prevent "sheet flow" entering the right
of way. If deep drainage wells are selected for stormwater disposal, they must be located on -
site in an open area to accommodate future maintenance access.
4. An agreement between the City of Miami and the property owner is required for any
landscaping and decorative sidewalk treatment located in the public right of way. A Florida
Department of Transportation permit is required on Bird Road.
5. Public Works policy requires that no closures of vehicular travel lanes will be permitted
during the course of construction unless a temporary replacement lane, approved by the
Public Works Department, is constructed and maintained by the Contractor throughout
the duration of the lane closure. A Maintenance of Traffic plan is required for any
temporary right of way request.
6. In order to mitigate traffic congestion and problems associated with unregulated parking
throughout the neighborhood, the Contractor/Developer shall be required to provide
Ana Gelabert-Sanchez
Director
Planning Department
Page 2 of 3
approved, designated off -site parking for workers and a shuttle service to the work site.
The parking/shuttle plan shall be coordinated with the local City of Miami NET Service
Center.
7. A building column shown in page 12 interferes with truck maneuvering in the loading
area shown in pages 16 through 20.
8. "Drop-offs" are not permitted in the public right of way. Continuous pedestrian sidewalk
is required within the public right of way abutting the project site without requiring
pedestrians to enter private property. Public Works review and approval is required to
modify the standard cross section for S.W. 37 Court. All greenspace and landscaping
required by the Zoning Ordinance must be accommodated on private property.
Greenspace and landscaping within the public right of way cannot be included in the
calculations for meeting greenspace zoning requirements.
9. City of Miami driveway entrances, in compliance with A.D.A. standards, shall be
required.
10. If de -watering is required during construction, an on -site dewatering plan must be
developed. City of Miami storm sewers are not available to accept additional de -
watering from the construction operation.
11.25 foot corner radius dedication is required at the intersections of the base building lines
at S.W. 38th Avenue and Bird Road.
12. Since this project is more than one acre in total construction area, the methods of
construction must comply with the City of Miami Municipal Separate Storm Sewer
Permit (MS4). This project will require a Florida Department of Environmental
Protection (DEP) Stormwater, Erosion and Sediment permit. For information on a DEP
permit application, please contact the Public Works Department at (305) 416-1200 or
www.dep.state.fl.us./water/stormwater/npdes.
In addition to these comments, the Public Works Department will require the following street
improvements:
Bird Road: Coordinate with the Florida Department of Transportation to replace all broken
and damaged sidewalk, curb and gutter adjacent to the project site.
S.W. 37th Court: Replace all broken and damaged sidewalk on both sides of the court.
Construct new curb and gutter and pavement, in accordance with Public Works standard.
Mill and resurface the driving lanes, full width, between Peacock Avenue and Bird Road.
Ana Gelabert-Sanchez
Director
Planning Department
Page 3 of 3
S.W. 3861Avenue: Replace all broken and damaged sidewalks, curb and gutter on both sides
of the avenue adjacent to the project site. Mill and resurface the driving lanes, full width,
curb to curb, between Peacock Avenue and Bird Road.
Peacock Avenue: Replace all broken and damaged sidewalk, curb and gutter on both sides of
the avenue adjacent to the project site. Mill and resurface the driving lanes, full width, curb
to curb, between S.W. 376 Court and S.W. 38th Avenue.
In addition, pavement restoration for all water and sewer extensions, existing damaged
pavement and pavement damaged during construction, as determined by the City Inspector,
shall include milling and resurfacing of the full pavement width, curb to curb, along the
entire length of the excavation and / or damaged pavement area. A thorough cleaning of all
stormwater drainage inlets and storm sewer pipes adjacent to the building site shall be
required at the completion of the project.
If you have any questions concerning these comments, please call Mr. Leonard Helmers,
Professional Engineer IV, at extension 1221. ,o
SNG/L /EE/wj j
lotc6
c: H&H Development
4535 Ponce de Leon Boulevard
Coral Gables, FL 33146
Stephanie Grindell, P.E., Director of Public Works
Roberto Lavernia, Chief of Land Development, Planning Department
Manuel A. Vega, P.E., Zoning Department
bc: Development and Roadway Plans
Central
November 21, 2006
0
• R .CIEIVED
PLANNING DEPARTMEN
2006 DEC -5 PM 5: 31
Ms. Lilia I. Medina, AICP
Assistant Transportation Coordinator
City of Miami, Office of the City Manager/Transportation
444 SW 2"d Avenue (10th Floor)
Miami, Florida 33130
Re: 3760 Bird Road
Sufficiency Letter— W.O. # 168
Dear Ms. Medina:
Via Fax and US Mail
Subsequent to our October 3, 2006 review comments for the subject project, we have received
a response letter and also the revised site plan showing the turning radius of the delivery trucks
from Richard Garcia and Associates (RGA) on November 21, 2006. Photocopies of the
response letter and site plan are attached herewith.
Please note that this particular project is located immediately adjacent to the Coral Gables
Trolley. As such, a Trolley Station along the southern periphery of this project with an internal
access from the project will help to encourage the use of mass transit in Coral Gables. We
recommend the applicant should explore the feasibility of accommodating a station within their
site plan.
At this time, we conclude that the traffic impact report along with the subsequent submittal
meets all the traffic requirements and the study is found to be sufficient. Should you have any
questions, please call Quazi Masood or me at 954.739.1881.
Sincerely,
URS orat
n Southern
Rai han.muga . E.
Seni r Traffic Engineer
Attachment
Cc: Mr. Antonio E. Perez, Planner II, City of Miami Planning (Fax - 305.416.1443)
Mr. Manny A. Vega, Engineer 1, City of Miami Zoning (Fax - 305.416.1490)
Mr. Richard Garcia, P.E., RGA Inc. (Fax - 305.675.6474)
URS Corporation
Lakeshore Complex
5100 NW 33rd Avenue, Suite 150
Fort Lauderdale, FL 33309-6375
Tel: 954.739.1881
Fax: 954.739.1789
Nov 21 06 01:19p
Richard Garcia, P.E. 30-675-6474 p.l
RICHARD GARCIA & ASSOCIATES, INC.
PHONE: (305) 595-7505 FAX: (305) 675-6474
FAX TRANSMITTAL
TO:
Raj Shanmugam, P.E.
FROM:
Richard Garcia, P.E.
COMPANY:
URS
DATE:
11/13/2006
FAX NUMBER:
954-739-1789
TOTAL NO. OF PAGES INCLUDING COVER:
7
PHONE NUMBER:
954-739-1881
SENDER'S REFERENCE NUMBER;
RE:
3760 Bird Road MUSP Responses
Q URGENT I I FOR REVIEW 0 PLEASE COMMENT ® AS REQUESTED 0 PLEASE RECYCLE
Raj:
Attached herewith please find our responses and additional information to address the
comments offered by your office dated October 3rd, 2006. Our responses are
enumerated in the same order provided.
1. The Project has been revised with more precise programmatic data. The General
Office is actually 319,607 SF and the retail is 22,783 SF. The residential component
was completely removed. As such, we have revised the Trip Generation Analysis
and found the revised land uses will generate 8 less trips during the PM peak hour.
This corresponds to a 2.36% change in the trip generation. As previously discussed
with your staff, such an insignificant change does not merit revised analysis.
Attached please find the Revised Trip Generation Analysis and Program Data
Sheet.
2. The Project Architect has informed us that the AutoTURN has been performed
and was submitted with the revised plans. However, please let us know if this is
not the case.
3. The lack of traffic volumes on the eastbound approach of Peacock Avenue and
SW 38th Avenue is accurate. This approach is a gated driveway and no traffic
volumes were existing at the time of data collection or when I visited the site.
4. Signal Timing has been included herewith for the existing and proposed
conditions.
5. A paragraph has been added to page 22 with a matrix of the calculations
performed to determine the driveway volumes at the site driveway.
6. The intersection of Peacock Avenue/SW 37th Court was included in our report and
must have been mistakenly not included during the report reproduction.
Attached please find the LOS capacity analysis worksheet.
Thank you for your help with this project.
Sincerely,
RICHARD GARCIA & ASSOCIATES, INC.
Richard Garcia, P.E.
„GOP P11171.
sso, 1 (fie
City of Miami
Legislation
Resolution
City Hall
3500 Pan
American Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-01524mm Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR
USE SPECIAL PERMIT FOR 3760 BIRD ROAD SUBSTANTIAL MODIFICATION
PROJECT PURSUANT TO ARTICLES 5, 9, 13,17 AND 22 OF ZONING ORDINANCE
NO. 11000, AS AMENDED, TO BE LOCATED AT APPROXIMATELY 3760 BIRD
ROAD, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 292-FOOT, 12
STORY HIGH MIXED USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY
14,217 SQUARE FEET OF RETAIL AND 318,406 SQUARE FEET OF OFFICE
SPACE, APPROXIMATELY 9,410 SQUARE FEET OF RESTAURANT PLUS AN
ADDITIONAL OUTDOOR RESTAURANT SEATING AREA OF APPROXIMATELY
1,725 SQUARE FEET, AND APPROXIMATELY 1,099 TOTAL PARKING SPACES;
PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR”) BONUSES; DIRECTING
TRANSMITTAL; 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 December 4, 2006, Javier F. Avino, on behalf of Bird Road
Holdings, LLC, owners (referred to as "APPLICANT"), submitted a complete Application
for a Substantial Amendment to Major Use Special Permit for 3760 Bird Road
Substantial Modification project (referred to as "PROJECT") pursuant to Articles 5, 9, 13,
17 and 22 of Zoning Ordinance No. 11000, for the properties located at approximately
3760 Bird Road, 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 18, 2006
to consider the substantial modification to the previously approved 3760 Bird Road
project; and
WHEREAS, the Urban Development Review Board met on November 15, 2006,
to consider the proposed project an recommended APPROVAL WITH CONDITIONS;
and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on February
7, 2007 Item No. 5, following an advertised public hearing, adopted Resolution No. PAB
* * by a vote of --- to --- (*--*), recommending ---- with conditions as presented in PAB
City of Miami Page 1 of 13 Printed On: 1/31/2007
File Number: 05-01524mm
Resolution *-* of the Major Use Special Permit Development Order as attached 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 Substantial Amendment to 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 Article 17 of Zoning Ordinance No. 11000, for
the PROJECT to be developed by the APPLICANT, at approximately 3760 Bird Road,
Miami, Florida, more particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of an approximate
292-foot, 12-story high mixed use structure to be comprised approximately 30,217 square
feet of retail and 318,406 square feet of office space, approximately 9,410 square feet of
restaurant plus an additional outdoor restaurant seating area of approximately 1,725
square feet and approximately 1,099 total parking spaces; 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 C-1 (Restricted Commercial) 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 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;
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File Number: 05-01524mm
(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;
(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
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File Number: 05-01524mm
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;
(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) Sianage and Lighting:
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File Number: 05-01524mm
(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.
minimize glare to adjacent
properties;
(4) Provide visible signage Yes. *Yes.
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
VIII) 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 $123,938,194, and to
employ approximately 212 workers during construction (FTE-Full Time Employees); the
PROJECT will also result in the creation of approximately 30 permanent new jobs (FTE).
The PROJECT will generate approximately $572,546 annually in tax revenues to the
City (2006 dollars).
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File Number. 05-01524mm
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 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 Substantial Amendment to 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 September 22, 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.
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File Number: 05-01524mm
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.'
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 Amendment to Major Use Special Permit for
Lima, (hereinafter referred to as the "PROJECT") to be located at approximately 2919
and 2937 Biscayne Boulevard, and 330 NE 30th 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 Major Use Special Permit and
issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed project with a height of approximately 292 feet is a mixed use
development to be located at approximately 2919 and 2937 Biscayne Boulevard, and
330 NE 30th Street, Miami, Florida. The PROJECT is located on a gross lot area of
approximately 2.39± acres and a net lot area of approximately 1.75± 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 substantial amendment approximate height is 292-foot, 12-story
high mixed use structure to be comprised approximately 30,217 square feet of retail and
318,406 square feet of office space, approximately 9,410 square feet of restaurant plus an
additional outdoor restaurant seating area of approximately 1,725 square feet and
approximately 1,099 total parking spaces; providing for certain floor area ratio ("FAR")
bonuses.
The Major Use Special Permit Application for the PROJECT also encompasses
the following lower ranking Special Permits:
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.
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File Number: 05-01524mm
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (8) and
ARTICLE 9, Section 914, Sub -Section 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 58,354.14 square feet, the user shall make a non-refundable
bonus developer contribution of an amount of $723,591.33 to the Affordable Housing
Trust Fund administered by the City of Miami;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (9) and
ARTICLE 5, Sect. 502. PUD districts; minimum area, maximum densities and maximum
floor area ratios permitted (a)(c), to allow up to 20 % increase of floor area ratio, for an
increase of approximately 46,683 square feet of floor area;
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;
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;
The Major Use Special Permit encompasses the following Special Permits and the
additional requests:
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, C-1 Restricted Commercial,
Class II Special Permits required, to allow an increase of the maximum allowed footprint
of 40 % the Gross Lot Area to 60% GLA;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, C-1 Restricted Commercial,
Class II Special Permits required under Conditional Accessories Uses, to allow drive -
through facilities for financial institutions;
CLASS II SPECIAL PERMIT, as per Article 9, Section 931.2 (a), Drive -through and
drive-in establishments; car washes, Drive -through bank, to allow reduction of one of the
required spaces before the teller windows for each of the first and second teller
windows;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -Section 917.1.1,
Parking maneuvers on public streets or sidewalks prohibited; backing into an alley by
Class II Special Permit; exceptions, to allow maneuvering on public street (Peacock
Avenue) of four (4) loading trucks;
CLASS II 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;
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File Number: 05-01524mm
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub -Section 906.9.
Temporary special events; special permits; criteria, to allow 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, Sub -Section 916.2.1.
Temporary special event parking, to allow parking for temporary special event such as
ground breaking ceremonies;
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 construction 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 mobile homes, 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, leasing and sales centers;
CLASS I SPECIAL PERMIT, as per, ARTICLE 10, Section 10.5, Sub -Section 10.5.4.3,
C-1 Restricted Commercial, 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 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 MAJOR USE SPECIAL PERMIT, that the following conditions
be required at the time of issuance of Shell Permit instead of at issuance of 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 5, 9, 13, 17 and 22 of Zoning Ordinance 11000, approval of
the requested Substantial Amendment to 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 RTKL Associates Inc., dated November 27, 2006;
the landscape plan shall be implemented substantially in accordance with plans and
design schematics on file prepared by Curtis Rogers Design Studio Inc., dated
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File Number: 05-01524mm
November 6, 2006; 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 C-1 (Restricted Commercial)
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
including the required Affordable Housing Trust fund contribution of $12.40 per square
foot for any applicable FAR increase sought under those provisions.
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.
City of Miami Page 10 of 13 Printed On: 1/31/2007
File Number. 05-01524mm
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 subordinate Special Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Planning Department with all
subordinate 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) Obtain approval from, or provide a letter from Miami -Dade Aviation
Department indicating that the proposed height of approximately 292 feet is in
compliance with all the concerns of the Department prior to the obtainment of a shell
permit.
11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) Provide new elevations at a larger scale
with details, more particular the west elevation, for review approval by the Planning
Director prior to the issuance of a building permit (b) Reconfigure the size of the panels
and include a clear indication of the material and design of this element (c) Large areas
of blank wall are unacceptable; (d) The sidewalks 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; (e)
Reduce the amount of curb cuts whenever possible and do not locate garage openings
adjacent to each other; (f) Further articulate the ground floor of the building at a human
scale; (g) Provide a continuous canopy of shade trees to provide comfort for pedestrians
along all street frontages; (h) Provide a complete tree survey of existing conditions
including species, diameter and spread including all trees in the right-of-way.
12) Pursuant to comments by the City of Miami Public Works Department, the
following shall be required of the applicant: (1) Bird Road — Coordination with the Florida
Department of Transportation to replace all broken and damaged sidewalk, curb and
gutter adjacent to the project will be required. (2) SW 37th Court — Replace all broken
and damaged sidewalk on both sides of the court. Construct new curb and gutter and
pavement, in accordance with the Public Works standard. Mill and resurface the driving
lanes, full width, between Peacock Avenue and Bird Road. (3) SW 38th Avenue —
Replace all broken and damaged sidewalks, curb and gutter on both sides of the avenue
adjacent to the project site. Mill and resurface the driving lanes, full width, curb to curb,
City of Miami Page 11 of 13 Printed On: 1/31/2007
File Number: 05-01524mm
between Peacock Avenue and Bird Road. (4) Peacock Avenue - Replace all broken
and damaged sidewalks, curb and gutter on both sides of the avenue adjacent to the
project site. Mill and resurface the driving lanes, full width, curb to curb, between SW 37th
Court and SW 38th Avenue.
13) 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.
14) A development bonus to permit a mixed use of 58,354.14 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of $12.40
per square foot = $723,591.33.
15) 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) 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 favorably affect the need for people to find adequate
housing reasonably accessible to their places of employment; and
(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
City of Miami Page 12 of 13 Printed On: 1/31/2007
File Number: 05-01524mm
JORGE L. FERNANDEZ
CITY ATTORNEY
City of Miami Page 13 of 13 Printed On: 1/31/2007
EXHIBIT 'A'
PROPERTY ADDRESS : 3T80 S.W. 40th. STREET. MWrA, FLORIDA 33148
LEGAL DESCRIPTION : LOT 18 LESS THE EAST 10.00 FEET, LOT 21. AND LOT 24, LESS THE SOUTH 10.00 FEET ALL
IN BLOCK 10 OF REALTY SECURITIES CORPORATIONS PLAT OF COCOANUT GROVE, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT 800K Z AT PAGE 85, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA
AND
TRACT A, REPEAT OF A PORTION OF BLOCK 10 REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE..
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45 AT PAGE 87, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY. FLORIDA, LESS THE EAST 5.00 FEET. LESS THE SOUTH 5.00 FEET, LESS,THE EXTERNAL
AREA FORMED BY A 25 FOOT RADIUS ARC CONCAVE TO NORTHWEST AND TANGENT TO THE WEST UNE OF THE
EAST 5.00 FEET OF SAID TRACT A AND TANGENT TO THE NORTH UNE OF THE SOUTH 5.00 FEET OF SAID TRACT
A, LESS THE EXTERNAL AREA FORMED BY A 25 FOOT RADIUS ARC CONCAVE TO THE SOUTHWEST. TANGENT TO
THE WEST UNE OF THE EAST 5.00 FEET OF SAID TRACT A AND TANGENT TO NORTH UNE OF SAID TRACT A AND
LESS THE FOLLOWING DESCRIBED PARCEL:
COMMENCE ATTHE POINT OF INTERSECTION OF THE NORTHERLY PROLONGATION OF THE WEST UNE OF SAID
TRACT A AND THE WESTERLY PROLONGATION OF THE NORTH UNE OF SAIO TRACT A: THENCE S 31OT34" E ALONG
SAID NORTHERLY PROLONGATION FOt25.42 FEET TO THE POINT OF BEGINNING OF THE' HEREIN DESCRIBED
PARCEL; THENCE CONTINUE S 3'0734' E ALONG THE WEST UNE OF SAID TRACT A FOR 198.01 FEET; THENCE
N 87'4524' E FOR 5.00 FEET; THENCE S 3117'34' W FOR 3035 FEET TO A POINT OF CURVATURE OF A CURVE
CONCAVE TO THE NORTHEAST. HIVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY FOR 38.88 FEET
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89'0T02' TO A POINT OF CUSP; THENCE
N38'17-51' W FOR 30.5E FEET; THENCE N 3'07'34" W FOR 249.00 FEET TO A POINT OF CUSP WITH A CURVE
CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF.25,00 FEET; THENCE SOUTHERLY FOR 25.80 FEET
THROUGH A CENTRAL ANGLE OF 58'40'04' TO THE POINT OF BEGINNING.
0
2_
4.
1 t/2212006
H 8 H DEVELOPMENT
3760 Bird Road, Miami FL - Development Site Anallaye
20HM0 DATA
A Zoning 0ealgnstion
Flood Zone Deelgnetan
C.1
B Net lot area
Grose lot srea
76,062.63 SF (1.75 Acre.)
135,707.31 SF (3.12 Acres)
Setbacks
Required
Provided
Front SW 4011) St (Bird Road) (provided al Ground aoN) 10'
(MM. provided at Belding above)
Height acid at 120 R. Iheredhr a 45 degree line bade into the property.
Side : SW 37th Court (min. provided) 7.5'
(num. provided)
Side; SW 381h ANA . (min. provided) 7.5
• (mac provided)
to
!Night limitations: (At top of rod) Unikn1tad
(At top of the structure) Unlimited
Front : Peeoodt Ave.
17-0'
,3'-0'
Variance Required
r-0-
,s•-o-
17.4'
10'
274.4'
2904'
O Lot coverage
Allowed I Prodded
Allowed on C• 1 wl Gass tl appkralbn (0.6 agrees lot)
81,424.39 62,333 SF
E FAR
Abate
Fronded
Mowed
Gross lots (1.72).
PUD Bonus (FAR. s 0.2)
Devebpment Bonus (FAR.. 0.25)
Metro Ran Bonus (FA.R. 4 0.1)
Office
Retail area
Restaurant
Lobby 6 Corridor
Required
(FAR.)
233,416.57
46,883.31
58.354.14
23,341.66
Total FAR. (5F) 361,795.69
. Ratan (1) space per 300 SF
Restaurant: (1) sped per 100 SF
Outdoor restaurant essorg (1) space par 100 SF (1725 SF)
Sob -total •
-
Metro -Ran prosimny Boron (-10%)
(9) levels: an. 121 spates each
Total required
G Open space
(10% o1 Groan ld area)
Open to Sky includes pervious hndsa ant knpandw haMacape
Covered Public Plaza
Total Open space
1,220i22
1,098
} Required 1
13,570.73
13,570.73
316,405.53
14,217.00
9.410.00
5,376.00
347,410.53
1,0991
Provided
• 13,729.00
8,187.00
21,916.00
N Loading
117220006
H & H DEVELOPMENT
3760 Bird Road, Miami FL - Development Site Analisys
ZONING OATA
I Required
(4) 12'45' Berths
Provided
Same
RTKL
Comparative Zoning Analysis
•
Project Site Summary
0113Cli on
AllowedfRpui(W
Density (Residential)
Total FAR (SQ FT.)
260 Res. Units
361,795
254
361,042
0
347.41 1
-254
-13.531
Footprint (S0. FT.)
Open Space (FT.)
Total Lot
l
81,424 70.485
13,571 5.576
76,0621
62,333 -8,152
13.730 8.152
76,063j
lBdg Height (FT.)
Unlimited] 197.01
274.31 77.3
Setbacks (FT)
Bird Road
Front 10 /Sde 7.5'
Side 0'
Front 13-0'
13'-0'
SW 37th. CL
Front 10 / Ski* 7.5
Front 0'
Side MIN 3.9' MAX T-0'
3•-9- 7 7.0'
stde • Peaeoek Ave.
Front 10' f Side 7.5'
Side 7.5'
Front 10'•0'
2•-6'
Front - SW 38th. Ave.
From 10 f Side 7.5
Front 0'
Side MIN 15'-0' MAX 1 T-4'
15'A' / 1 T4'
Residential
Office Space
Retail Space
Restaurant
Lobby 8 Corridor
Total FAR (SO. FT.)
273,642
67,800
19,600
0
0
1 361,0421
O -273,642
318,406 250,606
14,217' -5,383
9.410. 9410
5,378 5,378
347,4111-13,631
Off•Street Parking
1,0981 6311
1,0991 468
Loading Berths
1205115 Req d
3
4
10.20.15 Proposed
0
Exhibit "B"