Loading...
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; City of Miami Page 2 of 13 Printed On: 1/31/2007 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 City of Miami Page 3 of 13 Printed On: 1/31/2007 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: City of Miami Page 4 of 13 Printed On: 1/31/2007 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). City of Miami Page 5 of 13 Printed On: 1/31/2007 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. City of Miami Page 6 of 13 Printed On: 1/31/2007 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. City of Miami Page 7 of 13 Printed On: 1/31/2007 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; City of Miami Page 8 of 13 Printed On: 1/31/2007 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 City of Miami Page 9 of 13 Printed On: 1/31/2007 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"