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HomeMy WebLinkAboutPAB Edge Water TowerPLANNING FACT SHEET LEGISTAR FILE ID: 07-00048mu February 21, 2007 Item # 5 APPLICANT Vicky Garcia -Toledo, Esquire, s attorney for Owner, Ice LLC; 3120 Associates, LLC and Saxon Development Company, Inc. REQUEST/LOCATION Consideration of a Major Use Special Permit for the Edge Water Tower project, located at approximately 701 NE 31 Street, 3117, 3120, 3121 and 3131 NE 7 Avenue, 475, 533, 545, 601 and 619- 25 NE 32 Street. [Wynwood/Edgewater NET District] COMMISSION DISTRICT 2 ZONING DISTRICT(S) Existing: R-4 (Multifamily High Density Residential) with Overlay SD-20 (Edgewater Overlay District) SITE AREA 3.06± acres (Gross) and 2.03± acres (Net) LEGAL DESCRIPTION See supporting documentation PETITION Consideration of a Resolution, approving with conditions, a Major Use Special Permit pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, as amended, for the Edge Water Tower project, to be located at approximately 701 NE 31 Street, 3117, 3120, 3121 and 3131 NE 7 Avenue, 475, 533, 545, 601 and 619- 25 NE 32 Street, Miami, Florida, to construct an approximate 482-foot, 41-story high residential structure to be comprised of approximately 201 total multifamily residential units with recreational amenities; approximately 333,335 square feet of residential space; and approximately 325 total parking spaces; providing for certain floor area ratio ("FAR") bonuses. PLANNING RECOMMENDATION APPROVAL with conditions BACKGROUND AND ANALYSIS See supporting documentation PLANNING ADVISORY BOARD VOTE: CITY COMMISSION CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 Date Printed: 2/15/2007 Page 1 ANALYSIS MAJOR USE SPECIAL PERMIT for EDGE WATER TOWER located at approximately 701 NE 31 STREET, 3117, 3120, 3121 AND 3131 NE 7 AVENUE, 475, 533, 545, 601 AND 619-25 NE 32 STREET LEGISTAR FILE ID: 07-00048mu Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Edge Water Tower project, located at approximately 701 NE 31 Street, 3117, 3120, 3121 and 3131 NE 7 Avenue, 475, 533, 545, 601 and 619-25 NE 32 Street, Miami, Florida, has been reviewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, to construct an approximate 482-foot, 41-story high residential structure to be comprised of approximately 201 total multifamily residential units with recreational amenities; approximately 333,335 square feet of residential space; and approximately 325 total parking spaces; providing for certain floor area ratio ("FAR") bonuses. This Permit also includes the following requests: MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), to allow a residential development involving two hundred one (201) units; 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 of up to twenty (25) percent of additional floor area as a development bonus of approximately 57,473.37 square feet, the user shall make a non-refundable bonus developer contribution of an amount of $712,669.79 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) (b), to allow an increase of up to 20% increase of floor area ratio of approximately 45,978.70 feet of floor area; The Major Use Special Permit encompasses the following Special Permits and Requests: CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1511. Class II Special Permit required for any development between Biscayne Bay and the first dedicated right-of- way, to allow any development on property located between Biscayne Bay and the first dedicated right-of-way; CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 620.3.1, to allow construction of any new building in SD-20 EDGEWATER OVERLAY DISTRICT; CLASS II SPECIAL PERMIT, as per ARTICLE 9. Section 903, Sub -Section 903.1 Rules concerning projects crossing district boundaries or streets; requirements and limitations, 07-00048mu Page 1 of 8 to allow a project to be designed as a single site and it occupies lots divided by a street or alley; CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Class II Special Permit required for waiver of design standards and guidelines, to request a waiver of City of Miami Parking Guides and Standards for reduction of the required extra one (1) foot where a side of a parking stall abuts a wall; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub -section 908.2, Acces, to allow driveways of width greater than 25 feet; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -Section 917.14, Sub -Section 917.14.1 Parking Lifts, Robotic and Mechanical parking systems, to allow 159 parking lifts system; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 922.4, Sub -section 922.4(c), Special permits required for proposed offstreet loading facilities or for substantial modification of existing facilities, to allow maneuvering of trucks on public rights -of -way; CLASS I 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 groundbreaking 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 residential project under construction accommodated within an R-3 or more permissive zoning district; 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 10.5.3., Sub -Section 10.5.3.4 R-4 Multifamily High -Density Residential — Sign Regulations, to allow temporary signs for development; 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 07-00048mu Page 2 of 8 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 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. In determining the appropriateness of the proposed project, the Planning Department has referred this project to the Large Scale Development Committee (LSDC) and the Planning Internal Design Review Committee for additional input and recommendations; the following findings have been made: • It is found that the proposed development project will benefit the area by creating additional residential opportunities in the Wynwood/Edgewater NET District, located at the northwest corner of N.E. 32nd Street and N.E. 7th Avenue. • It is found that the subject property is located in the "Elwood Court Bay Front Section" plats within the City. • It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the existing zoning designation for the subject property is R-4 (Multifamily High Density Residential) with Overlay SD-20 (Edgewater Overlay District). • It is found that pursuant to the Comprehensive Neighborhood Plan of the City of Miami, Florida, the existing Future Land Use category for the subject property is "High Density Multifamily Residential". • It is found that the proposed project is not located along a Primary Pedestrian Pathway. • It is found that the proposed project is not located within an Archeological Conservation area. • It is found that the proposed project is located in FEMA Flood Zones "VE and AH". 07-00048mu Page 3 of 8 It is found that the proposed residential density of the project (201 units at 99 units per net acre) is below the maximum 304.5 units (150 units per net acre) on the .2.03± net acre site. • It is found that the total allowable floor area without bonuses for the 1.72± times the gross acre site for a FAR of 229,893 square feet. The project as proposed is requesting bonuses of 20% PUD (45,978.70 sq. ft.) and 25% Affordable Housing Trust Fund Bonus (103,452.07 sq. ft.) for a total proposed FAR of 333,345.55 square feet. • It is found that the maximum height of the proposed structure is approximately 482 feet. Pursuant to Article 4, Section 401, there are no height limits in the existing R-4 zoning district. • 1t is found that the proposed open space for the project (24,386 sq. ft.) is above the minimum required open space (20,049 sq. ft. at 15% GLA) for this project. • It is found that the proposed total number of parking spaces (approximately 325) for the project is above the required minimum number of 236 parking spaces. • It is found that the project is expected to cost approximately $240,861,546, and to employ approximately 337 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 8 permanent new jobs (FTE) for building operations and will generate approximately $1,139,483 annually in tax revenues to the City (2007 dollars). • It is found that the proposed project was reviewed by the Internal Design Review Committee on October 03, 2006, and the following comments were made: Public Benefit — (1) The committee greatly appreciates the proposal for a small park to link NE 31st Street with the bay; Building Height/ Mass — (1) The reduction of the overall size of the proposal is appreciated, though the committee still feel the height and size of the remaining tower is out of scale with is surroundings; (2) The Urban Design Guidelines, outlined in Section 1305 of the City of Miami's Zoning Ordinance, ask that all buildings respond to the physical contextual environment that they are in, while creating a transition in bulk and scale with the surrounding neighborhood. The current proposal transfers much of the FAR of the entire site into one tower while asking for bonuses, resulting in a building that is out of scale in both height and density with the streets and blocks within this neighborhood; (3) Consider revising the scheme of the project by not utilizing the maximum FAR for the site, and/or by reconfiguring the massing of the tower to introduce step -backs that will reduce the height and the impact of this structure on the adjacent properties; Architecture - (1) Provide a distinct architectural feature on the portion of the west facade of the building that terminates NE 32nd Street; (2) Clarify the site plan and elevations for the corner of 31st street and 7th Ave. Consider using left over green space to enhance the proposed park along the baywalk; Parking Garage — (1) Confirm the loading dimensions and turning radius requirements with the Public Works Department in order to verify the feasibility of the proposed loading arrangement; (2) Please provide specific details of the surface finish of the North and South Elevations, including material and design. The final design of these panels must be approved by the planning department; Landscaping — (1) In future submittals, please provide an enlarged, labeled landscape plan indicating plant species and their placement within the proposal. 07-00048mu Page 4 of 8 • It is found that Miami -Dade Public Schools provided a preliminary review of the project on October 5, 2006. The student population generated by this development is estimated at 55 students. The schools serving this area of application are Eneida M. Hartner Elementary (26 students) —123% Florida Inventory School Houses (FISH) Capacity; Jose de Diego Middle (12 students) — 99% FISH; and Booker T. Washington Senior High (17 students) — 69% FISH. Pursuant to the interlocal agreement, only Jose de Diego Middle and Booker T. Washington Senior meet review threshold of 115%. • It is found that on October 6, 2006, the City of Miami Public Works Department provided a review of the project and commented that the following street improvements shall be required: NE 31 Street, NE 32 Street and NE 7 Avenue — Reconstruct these roadways adjacent to the project site in accordance with the roadway plans approved on April 8, 2004 on file in the Public Works Department. 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 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. The streets and avenues adjacent to the project site must be clear of dust and construction debris at all times. A.D.A. complaint handicap ramps are required at street intersections. • It is found that on October 17, 2006, the Miami -Dade Aviation Department provided a Height Analysis review of the proposed project and found that it conforms to the Miami -Dade County Height Zoning Ordinances at that location as long as; (1) FAA determines that the construction of the building at 482 feet AMSL will not diminish or affect the safety, efficiency or capacity of the Miami International Airport in any way; (2) FAA issues a "Determination of NO Hazard" for this project; Any proposed construction exceeding 200 feet (AMSL) requires the applicant to file with the Federal Aviation Administration (FAA) Form 7460-1, "Notice of Proposed Construction Alteration for Determination of Known Hazards". In addition, construction cranes for this project exceeding 200 feet (AMSL) in height must be filed using the same form. • It is found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board on November 15, 2006, which recommended Approval with conditions (UDRB Reso. 11-15-06-6). • It is found that on November 15, 2006, the City's Traffic Consultant, URS Corp., provided a review (W.O. #170) of the Traffic Impact Analysis submitted by the applicant and has found the traffic analysis sufficient. • 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 for the most part with 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) 07-00048mu Page 5 of 8 Signage and lighting; (8) Preservation of Natural Features; and (9) Modification of Nonconformities. Based on these findings, the Planning Department is recommending approval of the requested Development Project with the following conditions: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner 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 07-00048mu Page 6 of 8 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 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) 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. 11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions: (a) The proposed building while it creates a transition in bulk and scale to the surrounding neighborhood, it still remains out scale in both height and density with the streets and blocks within this neighborhood. The applicant shall redistribute the proposed F.A.R. more evenly through in order to allow for a better transition in bulk and scale to the neighborhood; (b) The applicant shall provide a distinct architectural feature on the portion of the west facade of the building that terminates NE 32nd Street; (c) Provide a site plan and elevations for the corner of 31st street and 7th Ave. for review and approval by the Planning Director prior to the issuance of a building permit; (d) Provide specific details of the surface finish of the North and South Elevations, including material and design. The final design of these panels must be approved by the planning department prior to the issuance of a building permit; (e) Applicant shall verify the feasibility of the proposed loading arrangement prior to the issuance of a building permit; (f) Provide an enlarged, labeled landscape plan indicating plant species and their placement within the proposal. 12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: (1) NE 31 Street, NE 32 Street and NE 7 Avenue — Reconstruct these roadways adjacent to the project site in accordance with the roadway plans approved on April 8, 2004 on file in the Public Works Department. 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 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. The streets and avenues adjacent to the project site must be clear of dust and construction debris at all times. A.D.A. complaint handicap ramps are required at street intersections. 13) The applicant shall record a covenant, subject to review and approval by the city attorney, within sixty (60) days of the effective date of this resolution, which states that in the event that this Major Use Special Permit expires or is abandoned, any future development of the subject properties shall require design review and approval by the Planning Director, utilizing the same criteria as the original Major Use Special Permit. 07-00048mu Page 7 of 8 14) 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. 07-00048mu Page 8 of 8 NE 30TH ST Lz NE 29TH TE 0 150 300 I FUTURE LAND USE HIGH DENSITY MULTIFAMILY, RESIDENTIAL NE 32ND ST NE 31 ST ST NE 29TH ST 600 Feet � I NE 34TH ST ADDRESS: 701 NE 31 ST 3117, 3121 AND 3131 NE 7 AVE, 475, 533, 537, 545, 601 AND 619-25 NE 32 ST ZONING ATLAS MAP LW; A Yr," Pr ,.47/ S D-20.1 4/A/. .//.J ,�/ Ado/f 'Orr C'1 L7 m Z Z m th --1 f% f 32ND ST NE 32ND ST zzy /%/"' NE30TH ST NE NE 34TH ST x , //SD-20 R-4 /. A'd,rdWirAer- wiz /7/,‘ /7/44. ,$)4' NE 31 ST ST 0 150 300 I 1 I 1 NE 29TH ST 600 Feet I ADDRESS: 701 NE 31 ST 3117, 3121 AND 3131 NE 7 AVE, 475, 533, 537, 545, 601 AND 619-25 NE 32 ST 0 150 300 I 1 1 1 1 1 600 Feet i I ADDRESS: 701 NE 31 ST 3117, 3121 AND 3131 NE 7 AVE, 475, 533, 537, 545, 601 AND 619-25 NE 32 ST No. Name Projects in the Vicinity Edge Water Tower 07-00048mu Floors Units Status 1. Palermo 2. Element (fka Ice2) 3. Edgewater Tower 7 22 Preliminary 24 319 Preliminary 32 N/A MUSP/ Application 07-00048mu - Projects in the Vicinity Edge Water Tower **PRELIMINARY** SCHOOL IMPACT REVIEW ANALYSIS October 5, 2006 FOR INFORMATINAL PURPOSES ONLY; THE REQUIREMENTS UNDER THE INTERLOCAL AGREEMENT FOR SCHOOL FACILITY PLANNING ARE NOT TRIGGERED SINCE THE APPLICANT IS NOT REQUESTING ADDITIONAL RESIDENTIAL DENSITY OVER WHAT IS CURRENTLY ALLOWED IN THE PROPERTY'S ZONING CLASSIFICATION. APPLICATION: Edge Water Tower REQUEST: Large Scale Development ACRES: +2.14 net acres LOCATION: Approximately 701 NE 31 Street, Miami MSA/ MULTIPLIER: 4.7 /.27 Multifamily NUMBER OF UNITS: 202 units ESTIMATED STUDENT POPULATION: 55 ELEMENTARY: MIDDLE: SENIOR HIGH: 26 12 17 SCHOOLS SERVING AREA OF APPLICATION ELEMENTARY: Eneida M. Hartner Elementary — 401 NW 29 Street MIDDLE: Jose de Diego Middle — 3100 NW 5 Avenue SENIOR HIGH: Booker T. Washington Senior High — 1200 NW 6 Avenue All schools are located in Regional Center IV. 0 *Based on Census 2000 information provided by Miami -Dade County Department of Planning and Zoning. The following population and facility capacity data are as reported by the Office of Information Technology, as of October 2005: Eneida M. Hartner Elem. Jose de Diego Middle Booker T. Washington Senior % UTILIZATION % UTILIZATION NUMBER OF FISH DESIGN FISH DESIGN FISH DESIGN PORTABLE CAPACITY STUDENT CAPACITY CAPACITY STUDENT PERMANENT AND CUMULATIVE POPULATION PERMANENT PERMANENT STATIONS RELCOATABLE STUDENTS 842 868 1,022 1,034 1,543 1,560 703 1,043 2,270 120% 123% 98% 99% 68% 69% 0 0 0 120% 123% 98% 99% 68% 69% 1,233 2,478 4,347 *Student population increase as a result of the proposed development **Estimated # of students (cumulative) based on zoning/land use log (2001- present) and assuming all approved developments are built; also assumes none of the prior cumulative students are figured in current population. Notes: 1) Figures above reflect the impact of the class size amendment. 2) Pursuant to the Interlocal Agreement, only Eneida M. Hartner Elementary meets the review threshold. PLANNED RELIEF SCHOOLS IN THE AREA (Information included in proposed 5-Year Capital Plan, 2006-20010, dated April 2006) Projects in Planning, Design or Construction School Status N/A Proiected Occupancy Date Proposed Relief Schools School Funding year State School "GG-1" FY 06-07 (Jose De Diego Middle School relief) (1,241 student stations) [Note: City and District staff have located and agreed on a City -owned site, which much be approved by the City Commission and School Board.] OPERATING COSTS: Accounting to Financial Affairs, the average cost for K-12 grade students amounts to $6,549 per student. The total annual operating cost for additional students residing in this development, if approved, would total $360,195. CAPITAL COSTS: Based on the State's October 2006 student station cost factors*, capital costs for the estimated additional students to be generated by the proposed development are: ELEMENTARY 26 x $18,173 = $472,498 MIDDLE 12 x $19,624 = $235,488 SENIOR HIGH 17 x $25,491 = $433,347 Total Potential Capital Cost $1,141,333 *Based on Information provided by the Florida Department of Education, Office of Educational Facilities Budgeting. Cost per student station does not include land cost. 4 CITY OF MIAMI, FLORIDA CWi E0 INTER -OFFICE MEMORANDUM PLANN i; C. DEPARTMEN F TO : FROM : Ana Gelabert-Sanchez Director Planning Department Stephanie N. Grindell, P.E. Director Public Works Department 2006 OCT I 1 PM 12: 37 DATE : October 6, 2006 FILE SUBJECT : Large Scale Development Review - Edgewater Tower REFERENCES: ENCLOSURES: The Public Works Department has reviewed the Large Scale Development plans for the development entitled Edgewater Tower located at 701 N.E. 31 Street and has the following comments. 1. N.E. 32 Street is zoned 50 feet wide and an additional 7 feet of right of way dedication is required at lots 7, 8, 9, 10, 11, 12 and 14, Block 5 and lot 12, Block 6 of "Elwood Court Bayfront_Section". N.E. 7 Avenue is zoned 50 feet wide and an additional 10 feet of right of way dedication is required at lot 14, Block 5 and lot 12, Block 6 of "Elwood Court Bayfront Section" and at lot 10 of "Haines-Bayfront". 25 foot corner radius dedications are also required on the northeast corner of lot 12, Block 6 of "Elwood Court Bayfront Section" and on the southwest corner of lot 10 of "Haines-Bayfront". 2. The required right of way improvements adjacent to the project site shall be in accordance with the roadway plans approved on April 8, 2004 on file in the Public Works Department. The proposed non-standard, decorative street improvements at the intersection of N.E. 32 Street and N.E. 7 Avenue and the "waterfront promenade" on N.E. 31 Street must be submitted to the Public Works Department for review. If approved by the Director of Public Works, the owner(s) of the Edgewater Tower shall be required to maintain the landscaping and non-standard improvements. 3. A Special Class II permit is required to back into the two loading berths from N.E. 32 Street located at the westerly end of the parking structure. All vehicles, including trucks, must exit the property in a forward direction. Backing up into the street right of way is not permitted. 4. 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. 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 fliture maintenance access. Ana Gelabert-Sanchez Director Planning Department Page 2 of 3 5. 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. Public Works approval and permit is required for any landscaping improvements in the right of way. 6. 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. 7. In order to mitigate traffic congestion and problems associated with unregulated parking throughout the neighborhood, the Contractor/Developer shall be required to provide 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. 8. 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. Continuous sidewalk is required across driveway entrances. 10. 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: N.E. 31 STREET, N.E. 32 STREET AND N.E. 7 AVENUE: Reconstruct these roadways adjacent to the project site in accordance with the roadway plans approved on April 8, 2004 on file in the Public Works Department. See comment no. 2 concerning the proposed decorative enhancements and "waterfront promenade". 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 Ana Gelabert-Sanchez Director Planning Department Page 3 of 3 stormwater drainage • inlets and storm sewer pipes adjacent to the building site shall be required at the completion of the project. The streets and avenues adjacent to the project site must be clear of dust and construction debris at all times. A.D.A. compliant handicap ramps are required at street intersections. If you have any questions concerning these comments, please call Mr. Leonard Helmers, Professional Engineer IV, at extension 1221. SNG/ ,� 1/wjj lo c: BTM Architects and Walter F. Chatham, Architect 2300 East Las Olas Boulevard, Suite 500 Ft. Lauderdale, FL 33301 Stephanie Grindell, P.E., Director of Public Works Roberto Lavernia, Chief of Land Development, Planning Department Manuel A. Vega, P.Eo, Zoning Department bc: Development and Roadway Plans Central Commercial Airport: Miami International Airport General Aviation Airports: Dade -Collier Training & Transition Homestead General Kendall-Tamiami Executive Opa-locka Opa-locka West Mr. Roberto Lavernia Chief of Land Development City of Miami 444 SW 2nd Ave, 3rd Floor Miami, FL 33130 `,'E L i b'ED PLANNING DEPARTMENT 2006 OCT 24 PH 2: 29 October 17, 2006 RE: Height Analysis for the Edgewater Tower Project located in 701 NE 31st Street, Miami, FL Dear Mr. Lavernia: Miami -Dade Aviation Department P.O. Box 592075 Miami, Florida 33159 T 305-876-7000 F 305-876-0948 www.miami-airport.com miamidade.gov The Miami -Dade Aviation Department (MDAD) has reviewed the above referenced project for a height analysis. Our review finds that an assumed 482 ft AMSL (Above Mean Sea Level) structure at this location conforms to the Miami -Dade County Height Zoning Ordinance. However, our preliminary analysis indicates that this structure may impact the following Terminal Instrument Procedures (TERPS) surfaces: • Runway 26L LNAV Final Approach: exceeds by 232 ft • Runway 26L LOC Final Approach: exceeds by 312 ft • Runway 26R LOC Final Approach: exceeds by 252 ft The FAA will need to determine the effect of those impacts (if any) upon the developer's submittal of form 7460-1 to the FAA. This height determination is an estimate issued on a preliminary or advisory basis. Before proceeding with design, any proposed construction at this location exceeding 200 ft AMSL (Above Mean Sea Level) will be required to file with the FAA by using form 7460-1 `Notice of Proposed Construction Alteration for Determination of Known Hazards'. In addition, any construction cranes for this project exceeding 200 ft AMSL (Above Mean Sea Level) must be filed by the construction contractor using the same form. Thus, for any structure or crane at this location exceeding 200 ft AMSL (Above Mean Sea Level), FAA form 7460-1 must be filed. The form is available through this office or through the FAA website: htt-ps://oeaaa.faa.gov This form should be mailed to: Federal Aviation Administration, Air Traffic Airspace Branch - ASW-520, 2601 Meacham Blvd, Ft. Worth, TX 76137-0520. Alternatively, the developer may "e-file" online at https://oeaaa.faa.gov Based on the above, MDAD would not object to a proposed structure height that conforms to the Miami -Dade County Height Zoning Ordinance as long as: Mr. Roberto Lavernia October 17, 2006 Page 2 1) FAA determines that the construction of building at the above mentioned height will not diminish or affect the safety, efficiency or capacity of the Miami International Airport in any way; and 2) FAA issues a "Determination of No Hazard" for this project and location; and 3) An interested party does not file a "petition for review" to FAA's aeronautical study that has yet to be completed for this project and location. Please note that the airspace review process is governed by two different regulations: the Miami -Dade County Height Zoning Ordinances and Federal Regulation Title 14 Part 77. The FAA has its own airspace evaluation requirements, and issues airspace determinations for structures and cranes based on the particular facts then presented before the FAA. The County's Department of Planning and Zoning (P&Z) or the applicable municipal building official determines whether the County's zoning requirements and height limitations are met, and FAA determines whether FAA building, marking and height requirements are met. This determination is based, in part, on the description provided to us by you, which includes specific building locations and heights. Any changes in building locations/layouts or heights will void this determination. Any future construction or alteration, including an increase to heights requires separate notice to the FAA and the Miami -Dade Aviation Department. Should you have any questions in obtaining and/or filling out FAA form 7460-1 or if I can be of any further assistance, please feel free to contact me at 305-876-8080. amos, R.A. of of Aviation Planning Section JR/AH/cf cc: S. Harman J. Bunting A. Herrera Diane O'Quinn Williams, Department of Planning and Zoning Al Torres, Department of Planning and Zoning Damon Holness, Department of Planning and Zoning Kevin Walford, City of Miami Orlando Toledo, City of Miami Earl Newalu, FAA File Airspace November 15, 2006 F-LcEIVED PLAN; i' G DEPARTMEN 2006 NOY 20 PM 2: 29 Ms. Lilia I. Medina, AICP Assistant Transportation Coordinator City of Miami, Office of the City Manager/Transportation 444 SW 2nd Avenue (10th Floor) Miami, Florida 33130 Re: Edgewater (WO # 170) Sufficiency Letter Dear Ms. Medina: Via Fax and US Mail Subsequent to our October 13, 2006 review comments for the subject project, we have received a formal response from Kimley-Horn and Associates Inc. (KHA) on November 14, 2006. We have also received a revised site plan showing the turning radius of the delivery trucks from KHA. Photocopy of the response letter and revised site plan from KHA are attached herewith. 0 0 At this time, we conclude that the revised traffic report along with the subsequent submittal meets all the traffic requirements and the report is found to be sufficient. Should you have any questions, please call Quazi Masood or me at 954.739.1881. Sincere UR Raj S anmug Seni•r Traffic Engineer n Southern 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 - 305.416.2153) Mr. John McWilliams, PE, (KHA) (Fax: 954.739.2247) URS Corporation Lakeshore Complex 5100 NW 33rd Avenue, Suite 150 Fort Lauderdale, FL 33309-6375 Tel: 954.739.1881 Fax: 954.739.1789 ❑ Kimley-Horn and Associates, Inc. November 14, 2006 Mr. Raj Shanmugam, l F. t • E • URS Southern Corporation 5100 NW 33`d Avenue, Suite 150 Fort Lauderdale, FL 33309 Re: Edgewater URS Workorder #I70 MUSP Traffic Impact Analysis Response to Comments Dear Mr. Shanmugam: We received your comments dated October 13, 2006, regarding the traffic study submitted/ for the above referenced project. We offer the following responses: 1. The attached plan site does not include the maneuvering (turning path) of the delivery trucks within the project boundary. The report must include the turning path of a design vehicle, using "AutoTURN" or any other approved method; A maneuverability analysis is attached for your reference (Attachment A), 2. The southbound approach lane configuration at NE 4th Avenue/NE 31" Street intersection (Figure 2) is inconsistent with the information provided in the Traffic Count Data (Appendix B), which must be revised; The traffic count data provided in the original report indicated single lane approaches at the intersection (also referred to as P. In Recovery Way and Walgreen's/the Village Way). It should be noted that no intersection control is provided at this location. As a result, the original analysis assumed that the north -south street operates as `defacto' stop controlled minor street. Figure 2 and traffic count data are now consistent. See revised attachment (Attachment B). 3. The raw turning movement count at NE 4th Avenue/NE 32"d Street, NE 4th Avenue/NE 31St Street, and NE 7th Avenue/NE 31" Street intersections shown in Appendix B is inconsistent with the volumes shown in the "Volume Development Worksheet" (Appendix G), which must be revised. Additionally the volume development worksheet shows significant amount of "U-Turn" at southbound and eastbound approaches at NE 4th Avenue/NE 32nd Street intersection, which must be explained or revised. • TEL 954 535 5100 FAX 954 739 2247 ■ Suite 109 5200 N.W. 33rd Avenue Ft. Lauderdale, Florida 33309 ❑F1 Kimley-Horn NMI 1 and Associates, Inc. 0 Mr. Raj Shanmugam, P.E.., November 14, 2006, Pg. 2 The peak hour traffic used in the analysis was calculated based on the total volumes of all intersections. Therefore network peak hour traffic was used. The peak hour factor calculated was from 4:45 to 5:45. As a result the volumes used in the "Volume Development Worksheet" contain the traffic correspondent to that period of time. The U-turns reflected in the traffic data were miscoded. The U-turn volumes shown were determined to be pedestrian counts the intersections. Revisions to the affected analyses are attached (Attachment C). 4. The westbound and northbound volumes at NE 33r1Street/Biscayne Boulevard and westbound volumes at NE 31st Street/NE 4th Avenue intersection is shown incorrectly in the future year graphics (Figure 6), which must be revised; Figure 6 is now consistent and a revised Figure is attached (Attachment D). 5. The westbound input volumes in the Synchro software worksheet at NE 32" Street/NE 4th Avenue intersection in inconsistent with the volumes shown in existing and future condition graphics (Figure 3, 4 and 6), which must be revised; Figure 3, Figure 4, Figure 6, and Synchro outputs are now consistent (Attachment E). We trust these responses should address your comments. Should you have any questions, please feel free to contact me. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. John J. McWilliams, P.E. G:\044391002 ICE Phase 1\Correspondence\ltr\l 1 06 06 URS Itr.doc Attachment A at+. City of Miami Legislation Resolution City Hall 12500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00048mu Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 and 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE EDGE WATER TOWER PROJECT, TO BE LOCATED AT APPROXIMATELY 701 NE 31 STREET, 3117, 3120, 3121 AND 3131 NE 7 AVENUE, 475, 533, 545, 601 AND 619-25 NE 32 STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 482-FOOT, 41-STORY HIGH RESIDENTIAL STRUCTURE TO BE COMPRISED OF APPROXIMATELY 201 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 333,3335 SQUARE FEET OF RESIDENTIAL SPACE; AND APPROXIMATELY 325 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 October 6, 2006, Vicky Garcia -Toledo, Esquire, attorney for the owner, Ice LLC; 3120 Associates, LLC and Saxon Development Company, Inc., submitted a complete Application for Major Use Special Permit for Edge Water Tower (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 701 NE 31 Street, 3117, 3120, 3121 and 3131 NE 7 Avenue, 475, 533, 545, 601 and 619-25 NE 32 Street, Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and WHEREAS, development of the Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on September 29, 2006 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on November 15, 2006, to consider the proposed project and recommended APPROVAL WITH CONDITIONS; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on February 21, 2007 Item No. 5, following an advertised public hearing, adopted Resolution No. PAB *-* by a vote of --- to --- (* *), recommending ---- with conditions as presented in the Major Use Special Permit Development Order as attached and incorporated; and City of Miami Page 1 of 13 Printed On: 2/15/2007 File Number 07-00048mu WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A Major Use Special Permit Development Order, incorporated within, is approved subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No. 11000, for the project to be developed by the Applicant, located at approximately 701 NE 31 Street, 3117, 3120, 3121 AND 3131 NE 7 Avenue, 475, 533, 545, 601 and 619-25 NE 32 Street, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of an approximate 482-foot, 41-story high residential structure to be comprised of approximately 201 total multifamily residential units with recreational amenities; approximately 333,335 square feet of residential space; and approximately 325 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 proposed R-4 (Multifamily High Density Residential) with Overlay SD-20 (Edgewater Overlay District) zoning classifications 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. *No. contextual environment taking into consideration urban form and natural features; (2) Siting should minimize the Yes. *No. impact of automobile parking City of Miami Page 2 of 13 Printed On: 2/15/2007 File Number: 07-00048mu and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner lots Yes. *No. should be oriented to the corner and public street fronts. II) Architecture and Landscape Architecture: (1) A project shall be designed Yes. *No. to comply with all applicable landscape ordinances; (2) Respond to the neighborhood Yes. *No. context; (3) Create a transition in bulk Yes. *No. and scale; (4) Use architectural styles Yes. *N/A. and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building facade Yes. *No. vertically and horizontally in intervals that conform to the existing structures in the vicinity. III) Pedestrian Oriented Development: (1) Promote pedestrian Yes. *No. interaction; (2) Design facades that Yes. *No. 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. *No. material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to City of Miami Page 3 of 13 Printed On: 2/15/2007 File Number: 07-00048mu enhance the project. V) Vehicular Access and Parking: (1) Design for pedestrian and Yes. *No. vehicular safety to minimize conflict points; (2) Minimize the number and Yes. *No. 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. *N/A. as district buffer. VI) Screening: (1) Provide landscaping that Yes. *N/A. 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. *No. structures with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. VII) Signage and Lighting: (1) Design signage appropriate Yes. *N/A. City of Miami Page 4 of 13 Printed On: 2/15/2007 File Number: 07-00048mu for the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design Yes. *No. feature to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to Yes. *No. minimize glare to adjacent properties; (4) Provide visible signage Yes. *No. identifying building addresses at the entrance(s) as a functional and aesthetic consideration. VIII) Preservation of Natural Features: (1) Preserve existing vegetation Yes. *No. and/or geological features whenever possible. IX) Modification of Nonconformities: (1) For modifications of Yes. *N/A. nonconforming structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform Yes. *N/A. 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 $240,861,546, and to employ approximately 337 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 8 permanent new jobs (FTE) for building operations and will generate approximately $1,139,483 annually in tax revenues to the City (2007 dollars). e. The City Commission further finds that: City of Miami Page 5 of 13 Printed On: 2/15/2007 File Number. 07-00048mu (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 Major Use Special Permit. Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANT and any successors in interest. Section 7. The application for Major Use Special Permit, which was submitted on January 7, 2007, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference. Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the PROJECT, incorporated within. Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and issued. Section 11. In the event that any portion or section of this Resolution or the Development Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order which shall remain in full force and effect. Section 12. The provisions approved for this Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. City of Miami Page 6 of 13 Printed On: 2/15/2007 File Number: 07-00048mu Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} DEVELOPMENT ORDER Let it be known that pursuant to Articles 5, 9, 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for Edge Water Tower (hereinafter referred to as the "PROJECT") to be located at approximately 701 NE 31 Street, 3117, 3120, 3121 and 3131 NE 7 Avenue, 475, 533, 545, 601 and 619-25 NE 32 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 is a residential use development to be located at approximately 701 NE 31 Street, 3117, 3120, 3121 and 3131 NE 7 Avenue, 475, 533, 545, 601 and 619-25 NE 32 Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 3.06± acres and a net lot area of approximately 2.03± acres of land (more specifically described on "Exhibit A", incorporated herein by reference). The remainder of the PROJECT's Data Sheet is attached and incorporated as "Exhibit B". The proposed PROJECT will be an approximate 482-foot, 41-story high residential structure to be comprised of approximately 201 total multifamily residential units with recreational amenities, approximately 333,333 square feet of residential space and approximately 325 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: MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), to allow a residential development involving two hundred one (201) units; 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 of up to twenty (25) percent of additional floor area as a development bonus of approximately 57,473.37 square feet, the user shall make a non-refundable City of Miami Page 7 of 13 Printed On: 2/15/2007 File Number 07-00048mu bonus developer contribution of an amount of $712,669.79 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) (b), to allow an increase of up to 20% increase of floor area ratio of approximately 45,978.70 feet of floor area; The Major Use Special Permit encompasses the following Special Permits and Requests: CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1511. Class II Special Permit required for any development between Biscayne Bay and the first dedicated right-of- way, to allow any development on property located between Biscayne Bay and the first dedicated right-of-way; CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 620.3.1, to allow construction of any new building in SD-20 EDGEWATER OVERLAY DISTRICT; CLASS II SPECIAL PERMIT, as per ARTICLE 9. Section 903, Sub -Section 903.1 Rules concerning projects crossing district boundaries or streets; requirements and limitations, to allow a project to be designed as a single site and it occupies lots divided by a street or alley; CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Class II Special Permit required for waiver of design standards and guidelines, to request a waiver of City of Miami Parking Guides and Standards for reduction of the required extra one (1) foot where a side of a parking stall abuts a wall; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub -section 908.2, Acces, to allow driveways of width greater than 25 feet; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -Section 917.14, Sub - Section 917.14.1 Parking Lifts, Robotic and Mechanical parking systems, to allow 159 parking lifts system; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 922.4, Sub -section 922.4(c), Special permits required for proposed offstreet loading facilities or for substantial modification of existing facilities, to allow maneuvering of trucks on public rights -of -way; CLASS I 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; City of Miami Page 8 of 13 Printed On: 2/15/2007 File Number: 07-00048mu 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 groundbreaking 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 residential project under construction accommodated within an R-3 or more permissive zoning district; 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 10.5.3., Sub -Section 10.5.3.4 R-4 Multifamily High -Density Residential — Sign Regulations, to allow temporary signs for development; 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 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. Pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by BTM Architects., signed and dated November 29, 2006; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Kimley-Horn & Associates, Inc. dated City of Miami Page 9 of 13 Printed On: 2/15/2007 File Number: 07-00048mu December 20, 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. The PROJECT conforms to the requirements of the proposed R-4 Multifamily High Density Residential with SD-20 Edgewater Overlay District zoning classifications, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The proposed 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. 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: 2/15/2007 File Number: 07-00048mu 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 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) 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. 11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions: (a) The proposed building while it creates a transition in bulk and scale to the surrounding neighborhood, it still remains out scale in both height and density with the streets and blocks within this neighborhood. The applicant shall redistribute the proposed F.A.R. more evenly through in order to allow for a better transition in bulk and scale to the neighborhood; (b) The applicant shall provide a distinct architectural feature on the portion of the west facade of the building that terminates NE 32nd Street; (c) Provide a site plan and elevations for the corner of 31st street and 7th Ave. for review and approval by the Planning Director prior to the issuance of a building permit; (d) Provide specific details of the surface finish of the North and South Elevations, including material and design. The final design of these panels must be approved by the planning department prior to the issuance of a building permit; (e) Applicant shall verify the feasibility of the proposed loading arrangement prior to the issuance of a building permit; (f) Provide an enlarged, labeled landscape plan indicating plant species and their placement within the proposal. 12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: (1) NE 31 Street, NE 32 Street and NE 7 Avenue — Reconstruct these roadways adjacent to the project site in accordance with the roadway plans approved on April 8, 2004 on file in the Public Works Department. 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 full pavement width, curb to curb, along City of Miami Page 11 of 13 Printed On: 2/15/2007 File Number: 07-00048mu 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. The streets and avenues adjacent to the project site must be clear of dust and construction debris at all times. A.D.A. complaint handicap ramps are required at street intersections. 13) The applicant shall record a covenant, subject to review and approval by the city attorney, within sixty (60) days of the effective date of this resolution, which states that in the event that this Major Use Special Permit expires or is abandoned, any future development of the subject properties shall require design review and approval by the Planning Director, utilizing the same criteria as the original Major Use Special Permit. 14) 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 to the City of Miami. APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 12 of 13 Printed On: 2/15/2007 File Number: 07-00048mu JORGE L. FERNANDEZ CITY ATTORNEY ..Footnote {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 Manzi Page 13 of 13 Printed On: 2/15/2007 Exhibit "A" EDGEWATER TOWER EXHIBIT "A" COMPLETE LEGAL DESCRIPTION COMBINING ALL LOTS, ALL OWNERS LEGAL DESCRIPTION PARCEL A: A parcel of land being a portion of the Northeast Quarter (NE 1/4) of Section 30, Township 53 South, Range 42 East, City of Miami, Miami -Dade County, Florida, being described as follows: Lots 6-14, Inclusive, Block 5, of "ELWOOD COURT BAY FRONT SECTION"; according to the Plat thereof, recorded in Plat Book 16, Page 70 of the Public Records of Miami - Dade County, Florida; TOGETHER WITH Lot 10 of "HAINES-BAYFRONT," according to the Plat thereof, recorded in Plat Book 29, Page 55 of the Public Records of Miami- Dade County, Florida; TOGETHER WITH all of Tract "A" of the Plat of "SAXON-BAY FRONT SUBDIVISION" as recorded in Plat Book 161, Page 75 of the Public Records of Miami -Dade County, Florida. The boundary of the composite parcel described above being more particularly described as follows: BEGINNING at the Southwest corner of Lot 6, Block 5 of said Plat of "ELWOOD COURT BAY FRONT SECTION;" thence Due North, along the West line of said Lot 6, a distance of 82.00 feet; thence N.89°29;26"E., along the North line of Lots 6, 7, 8, 9, 10, 11, 12 an 13, Block 5, for 606.34 feet to the Northeast corner of said Lot 13; thence S.01°39'07"W., along the U.S. Harbor Line as shown on said Plat of "HAINES- BAYFRONT", also being the East line of Lots 13 and 14, Block 5 of said Plat of "ELWOOD COURT BAY FRONT SECTION" for 199.43 feet to the Southeast corner of said Lot 14; thence S.89°27'06"W., along the South line of said Lot 14, for 0.74 feet to the Northeast corner of Tract "A" of "SAXON-BAY FRONT SUBDIVISION"' thence S.00°41'02'W. for 9.51 feet; thence S.86°10'07"W. for 3.85 feet; thence S.00°09'06"E for 57.47 feet to the Southeast corner of said Tract "A", the preceding three courses being coincident with the Easterly boundary of said Tract "A" and the Easterly boundary of the Plat of "SAXON — BAYFRONT SUBDIVISION"; thence N89°59'19"E., along the North line of Lot 10 of said Plat of "HAINES-BAYFRONT" for 2.58 feet to the Northeast corner of said Lot 10; thence S.01°39'07"W., along the aforementioned U.S. Harbor Line, also being the East line of said Lot 10, for 54.98 feet to the Southeast corner of said Lot 10; thence S89°59'54"W., along the South line of said Lot 10, also being the North right-of-way Tine of N.E. 31st Street, for 136.9.0 feet to a point of curvature; thence along the arc of a circular curve to the right, having a radius of 10.00 feet, a central angle of 90°00'06" and an arc length of 15.71 feet to a point of tangency; thence Due North, along the West line of Lot 10 of said Plat of "HAINES-BAYFRONT", also being the East right-of-way line of N.E. 7th Avenue, for 44.93 feet to the Northwest corner of said Lot 10; thence N. 89°59'10"E., along the North line of said Lot 10 for 10.00 feet to M IAM 11231708.1 7708526596 the Southwest corner of Tract "A" of said Plat of "SAXON — BAY FRONT SUBDIVISION"; thence Due North, along the West line of said Tract"A", for 65.93 feet to the Northwest corner of said Tract "A".; thence S.89°27'06"W., along the South line of Lot 14, Block 5 of said Plat of "ELWOOD COURT BAY FRONT SECTION", for 10.00 feet to the Southwest corner of said Lot 14; thence Due North along the West line of said Lot 14, also being the East right-of-way line of N.E. 7th Avenue, for 74.05 feet to the point of intersection with a circular curve to the left, whose radius point bears N.28°05'56"W. from said point; thence Northeasterly, Northerly, Northwesterly, Westerly and Southwesterly along the arc of said curve, having a radius of 30.00 feet, a central angle of 208°26'36" and an arc length of 109.14 feet; thence S.89°29'26"W., along the South line of Lots 12, 11, 10, 9, 8, 7 and 6, Block 5 of said Plat of "ELWOOD COURT BAY FRONT SECTION", also being the North right-of-way line of N.E. 32nd Street, for 411.00 feet to the POINT OF BEGINNING. M IAM 11231708.1 7708526596 EDGEWATER TOWER EXHIBIT "B" Owners and Shareholder list for ICE, LLC (100% ownership of following properties)* Folio No: 01 32300160110 Address: 701 NE 31st ST Owner: ICE LLC Legal Descr: HAINES BAYFRONT PB 29-55 LOT 10 LOT SIZE 8086 SQUARE FEET OR 21195-1105 0403 5 Folio No: 01 32300690010 Address: 3117 NE 7 AVE Owner: ICE LLC Legal Descr: SAXON BAY FRONT SUBDIVISION PB 161-75 T-20834 TR A LOT SI-7E 9081 SQ FT FAU 01 3230 016 0100 0130 OR 21195- 1103 04 2003 1 & FAU 01-3230-016-0010 Folio No: 01 32300110150 Address: 3121 NE 7 AVE Owner: ICE LLC Legal Descr: ELWOOD COURT BAY FRONT SEC LOT 14 LESS N29.76FT THEREOF BLK 5 PB 16-70 LOT SIZE 64.150 X 150 OR 21195- 110104035(7) Folio No: 01 32300110140 Address: 3131 NE 7 AVE Owner: ICE LLC Legal Descr: ELWOOD CT BAY FRONT SEC PB 16-70 N29.76FT LT 14 & POR OF LT 13 BLK 5 AS DESCRIBED IN DB 3105-20 LOT SIZE 68.000 X 147 OR 21195-1101 0403 5 (7) Folio No: 01 32300110130 Address: 619-25 NE 32 ST Owner: ICE LLC Legal Descr: ELWOOD CT BAY FRONT SEC PB 16-70 N68FT LT 13 & BEG 68FTS NW COR LT 13 E3OFT S4.58FT WLY ALG ST TO W/L N6.03FT TO POB BK 5 LOT SIZE IRREGULAR OR 21195-1101 0403 5 (7) M IAM 11231708.1 7708526596 Folio No: 01 32300110120 Address: Vacant Land Mailing Add: 701 NE 31st ST MIAMI FL 33137-4219 Owner: ICE LLC Legal Descr: ELWOOD COURT BAY FRONT SEC PB 16-70 LOT 12 BLK 5 LOT SIZE IRREGULAR OR 21195-1101 0403 5 (7) Folio No: 01 32300110110 Address: Vacant Land Mailing Add: 701 NE 31st ST MIAMI FL 33137-4219 Owner: ICE LLC Legal Descr: ELWOOD COURT BAY FRONT SEC PB 16-70 LOT 11 BLK 5 LOT SIZE 60.000 X 82 OR 21195-1101 0403 5 (7) Folio No: 01 32300110100 Address: 601 NE 32 ST Owner: ICE LLC Legal Descr: ELWOOD COURT BAY FRONT SEC PB 16-70 LOT 10 BLK 5 LOT SIZE 60.000 X082 OR 211952-1101 0403 5 (7) Folio No: 01 32300110090 Address: 545 NE 32 ST Owner: ICE LLC Legal Descr: ELWOOD COURT BAY FRONT SEC PB 16-70 LOT 9 BLK 5 LOT SIZE 60.000 X 82 OR 21195-1101 0403 5 (7) MIAMI 1231708.1 7708526596 EDGEWATER TOWER EXHIBIT "C" Owners and Shareholder list for SAXON DEVELOPMENT COMPANY, INC. (100% ownership of following properties)* Folio No: 01 32300110080 Address: 537 NE 32 ST Owner: SAXON DEV CO INC Legal Descr: ELWOOD COURT BAY FRONT SEC PB 16-70 LOT 8 BLK 5 LOT SIZE 60.000 X 82 OR 17407-0017 1096 4 COC 22676-2186 09 2004 5 Folio No: 01 32300110070 Address: 533 NE 32 ST Owner: SAXON DEV CO INC Legal Descr: 30 53 42 PB 16-70 ELWOOD COURT BAY FRONT SEC LOT 7 BLK 5 LOT SIZE 60.00p X 82 OR 17359-4116 0996 4 COC 22676- 21860920045 Folio No: 01 32300110060 Address: 475 NE 32 ST Owner: SAXON DEV CO INC Legal Descr: ELWOOD COURT BAY FRONT SEC PB 16-70 LOT 6 BLK 5 LOT SIZE 60.000 X 82 OR 22676-2182 09 2004 5 COC 22676-2182 09 2004 1 MIAM 11231708.1 7708526596 EDGEWATER TOWER EXHIBIT "D" Owners and Shareholder list for 3120 ASSOCIATES, LLC (100% ownership of following properties)* Folio No: 01 32300110270 Address: 3120 NE 7th Ave Owner: MICHAEL GOLD Legal Descr: ELWOOD COURT BAY FRONT SEC PB 16-70 LOT 12 BLK 6 LOT SIZE 60.000 X 82 OR 14200-8520789 4 COC 24800-3795 07 2006 4 MIAMI 1231708.1 7708526596 zoning legend modified on November 26-06 SITE DATA AND BUILDING PROGRAM 701 NE 31ST STREET 1. 51TE 1. ZONING CLASSIFICATION 2. NET LOT AREA 3. GROSS LOT AREA Exhibit "B" CITY OF MIAMI SD20 NIA 1b,427 133,659 Lot area, grass. The net area of the lot, as defined herein, plus half of adjoining street nghtsd-gray and seventy (70) feel of any other public open space such as parks, lakes, avers, bays, public transit right-of- way and the like. 4.FAR 1.72 times the GLA Allowable Increases for Development Bonus (As per Sec. 914. t) FAR MUSP 25% AND HOUSING BONUS 20% AAowfa6e Increases for Or....l om.4 Bons n. SETBACKS a. Principal Front b. other yards adjacent 10 street 3/4 of prnppal front c. Side Tower IL OPEN SPACE OPEN SPACE LOT COVERAGE IV. BUILDING HEIGHT 229,893.48 103,452.07 333.345.55 CITY OF MIAMI PROPOSED 20ft min 20ft 1511 min 15ft 5tt min N/A 5I 3011 CITY OF MIAMI PROPOSED min 15% of GLA 20,049 24,386 sr max 60% of GLA fj 80,195 51,449 SF CITY OF MIAMI PROPOSED UNLIMITED Height of roof 453'-8' Mech Roof height 481'-8' V. FLOOD CRITERIA The interior Poor elevation snae be no more than six inures above the edjacenf public sidewalk' VL DENSITY UPA ( units per acre) VII. OFFSTREET PARKING interior floor elevation t1•.0' CITY OF MIAMI PROPOSED 150 UPA 201 UNITS CITY OF MIAMI PROPOSED 620.2.5. Exception to parking requirements. Ir.�pedive of minimum parking • requirements in the underlying districts, the minimum parking requirements for residential use are: One (1) space each for efficiency, one -bedroom and two -bedroom; 166 units Two (2) spaces each for three- and four - bedroom.35 units. 236 SPACES REQ. 325 Handicap Spaces Required/per residential 2% of parking provided 7 HC reci. ORaueet Loading Loading Zone 4 Berth min. dimension to be 17fY x 35'-0' V111. BUILDING SUMMARY FAR BUILDING GROSS 333.335 659.010