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HomeMy WebLinkAboutPAB Supporting DocumentationPLANNING FACT SHEET LEGISTAR FILE ID: 06-02234mu APPLICANT REQUEST/LOCATION COMMISSION DISTRICT ZONING DISTRICT(S) SITE AREA LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION February 7, 2007 Item # 4 Simon Ferro, Esquire, on behalf of City National Bank of Florida which is the Trustee under Land Trust Number 2401-2535-00 and Tineo Group, LLC. Consideration of a Major Use Special Permit for the River's Edge project, located at approximately 201, 216-20, 243 and 250 NW S River Drive & 601, 609, 615 and 619 NW 2nd Street. 3 C-1(Restricted Commercial and C-2 (Liberal Commercial) 2.96± acres (Gross) and 1.81± acres (Net) See supporting documentation 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 River's Edge project, to be located at approximately 201, 216-20, 243 and 250 NW S River Drive & 601, 609, 615 and 619 NW 2nd Street, Miami, Florida, to construct an approximate 221-foot of height, (21-story ) mixed use structure to be comprised of 300 total multifamily residential units with recreational amenities; approximately 11,000 square feet of retail space; approximately 8,000 square feet of restaurant space, and approximately 518 parking spaces; providing for certain floor area ratio ("FAR") bonuses. APPROVAL with conditions See supporting documentation VOTE: CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 Date Printed: 1/31/2007 Page 1 ANALYSIS MAJOR USE SPECIAL PERMIT for RIVER'S EDGE located at approximately 201, 216-20, 243 and 250 NW S River Drive & 601, 609, 615 and 619 NW 2nd Street LEGISTAR FILE ID: 06-02234mu Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the River's Edge project, located at approximately 201, 216-20, 243 and 250 NW S River Drive & 601, 609, 615 and 619 NW 2nd Street, Miami, Florida, has been reviewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, to construct an approximate 221 feet and 2 inches of height, (21-story) mixed use structure to be comprised of approximately 300 total multifamily residential units with recreational amenities; approximately 11,000 square feet of retail space; approximately 8,000 square feet of restaurant space, and approximately 518 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 (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 55,470.87 square feet, the user shall make a non-refundable bonus developer contribution of an amount of $687,838.78.00 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 44,376 square feet of floor area; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for residential development involving in excess of two hundred (200) units; 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; CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1514. Class II Special Permit required for development on property adjacent to the Miami River, to allow a new devel- opment adjacent to the Miami River; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub -Section 908.9, Wa- ter front yards, to allow a new development in waterfront yards; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 903.1, Rules concerning pro- jects crossing district boundaries or streets; requirements and limitations, to allow a de- 06-02234mu Page 1 of 7 velopment that is designed as a single site and it occupies Tots divided by a street or al- ley; 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 15, Sect.1512, Class II Special Permit re- quired for waiver of design standard and guidelines to allow a waiver of City of Miami Parking Guides & Standards requirement of one (1) additional foot in stall dimension where the side of any stall abuts a wall, fence, building, or other physical obstruction, to allow the minimum stall width dimension of 8'-6" from face of any obstruction; CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512. Class II Special Permit required for waiver of design standard and guidelines, to allow a waiver of City of Miami Off-street Parking Guides & Standards, only for reduction of required backup distance in driveway isles from 23 feet to 22 feet; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 923, Sub -Section 923.2, Sub - Section 923.2.1. Reduction in stall dimensions by Class II Special Permit; criteria and limitations on reductions, to allow reduction of two (2) loading berth dimensions as fol- lows; Required number of loading berth: Four (4) 12 feet wide x 35 feet long x 15 feet high Proposed number of loading berth: Two (2) 12 feet wide x 35 feet long x 15 feet high Four (4) 10 feet wide x 20 feet long x 15 feet high CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub -Section 908.2, Ac- cess, to allow driveways of width greater than 25 feet; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary struc- tures, 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. Tem- porary 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. Tem- porary 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 06-02234mu Page 2 of 7 manufactured homes, when authorized for security or other purposes in connection with land development such as construction trailer(s) and other temporary construction of- fices 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; CLASS I SPECIAL PERMIT, as per, ARTICLE 10, Section 10.5, Sub -Section 10.5.4.4, C-2 Liberal 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 Man- ager 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. 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 residential units and commercial uses along the Miami River in the Little Havana NET District, located along SW 5th Avenue just north of SW 4th Street. • It is found that the subject property is bounded by NW 3rd Street, to the north; NW 2nd Street, to the south; and the Miami River, to the east. NW South River Drive intersects the property into two parts (see supporting documentation), in the Little Managua neighborhood of the City. • 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 residential density of the project (300 units at 165.8 units per acre) is below the maximum 361.8 units (200 units per acre) on the 1.809± net acre site. 06-02234mu Page 3 of 7 It is found that the total allowable combined floor area without bonuses for the 2.96± gross acre site at a Floor Area Ratio (FAR) of 1.72 is 210,880 square feet. The project as proposed is requesting a bonus of 20% PUD (44,376 sq. ft.) and 25% Affordable Housing Trust Fund (55,470.87sq. ft.) for a total allowable FAR of 321,726 square feet, of which 321,500 square feet is proposed. It is found that pursuant to Article 9, Section 914, Sub -Section 914.1, the proposed project is requesting a development bonus of 55,470.87 square feet of additional floor area, and shall make a non-refundable bonus developer contribution to the Affordable Housing Trust Fund at amount of $12.40 per square foot for a total of $687,838.78. It is found that the maximum height of the proposed structure is approximately 221 feet and 2 inches. Pursuant to Article 4, Section 401 of C-1 "Restricted Commercial" and C-2 "Liberal Commercial" zoning districts. It is found that the proposed open space for the project (18,805.6 sq. ft. at 14.57%) is above the minimum required open space (12,900 sq. ft. at 10% GLA) for this project. It is found that the proposed total number of parking spaces (approximately 518) for the project is above the required minimum number of 516 parking spaces. It is found that the project is expected to cost approximately $168,419,201, and to employ approximately 159 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 13 permanent new jobs (FTE) for building operations and will generate approximately $790,911 annually in tax revenues to the City (2006 dollars). It is found that the Large Scale Development Committee reviewed the project on October 4, 2006 to address the expressed technical concerns raised at said Large Scale Development Committee meeting. It is found that the proposed project was reviewed by the Internal Design Review Committee on July 25, 2006, and the following revised pertinent comments were made: Architecture — Provide a detail sheet of the south elevation of the building, indicating what materials will be used to treat the unlined portion of the garage; Pedestrian Realm - Provide dimensions and details of the proposed covered arcade along NW South River Drive. A minimum dimension of 10 feet wide (measured from interior face of column to the wall) is required for the proposed arcade; Riverfront Amenities — (1) The applicant shall refer to the City of Miami Baywalk/Riverwalk Design Guidelines for ideas on further developing and integrating of the project with the riverfront network. (2) More information is needed for the proposed waterfront restaurants; Landscaping/Streetscape — (1) Submittal of all proposed plant material and locations is required. (2) Provide a complete tree survey of existing conditions including species, diameter and spread including all trees in the right-of-way. 06-02234mu Page 4 of 7 • It is found that on September 29, 2006, the City of Miami Public Works Department provided a review of the project and commented that: (1) Replatting of the land is required in order to obtain building permits: (2) NW 2"d Street - Replace all broken and damaged sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire width, curb to curb, on both sides of the roadway adjacent to the project site. Construct new sidewalk and curb and gutter following the 25' corner radius. Mill and resurface the entire width, curb to curb adjacent to the project site. Approval of the Public Works Director is required for the proposed street brick work and maintenance covenant shall be required for the non-standard improvements in the right of way. NW 3rd Street — Replace all broken and damaged sidewalk, curb and gutter on both sides of the roadway adjacent to the project site. Construct new sidewalk and curb and gutter following the 25' corner radius. Mill and resurface the entire width, curb to curb adjacent to the project site. Approval of the Public Works Director is required for the proposed street brick work and maintenance covenant shall be required for the non-standard improvements in the right of way. • It is found that Miami -Dade Public Schools provided a revised review of the proposed project on October 4, 2006. The student population generated by this development is estimated at 79 students. The schools serving this area of application are Riverside Elementary and Frederick Douglas Elementary; Riverside Elementary —150% Florida Inventory School Houses (FISH) Capacity and Frederick Douglas Elementary - 77% Florida Inventory School House (FISH) Capacity (38 total students); Jose de Diego Middle (17 students) — 100% FISH; and Booker T. Washington Senior High (24 students) — 69% FISH. Pursuant to the Interlocal Agreement, only Riverside Elementary School does not meet the review threshold of 115%. • It is found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board on October 18, 2006, which recommended Approval (UDRB Reso. 10-18-06-3) with conditions. • It is found that the Miami -Dade Aviation Department has not provided a Height Analysis review for this project. The Miami -Dade Aviation Department have requested the applicant for additional information before a height analysis can be provided. • It is found that on November 21, 2006, the City's Traffic Consultant, URS Corp., provided a review (W.O. #167) 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 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. 06-02234mu Page 5 of 7 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. 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. 06-02234mu Page 6 of 7 9) In so far as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class I 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) Provide a detail sheet of the south elevation of the building, indicating what materials will be used to treat the unlined portion of the garage; (b) Provide dimensions and details of the proposed covered arcade along NW South River Drive. A minimum dimension of 10 feet wide (measured from interior face of column to the wall) is required for the proposed arcade; (c) Proposed waterfront shall meet the City of Miami Baywalk/Riverwalk Design Guidelines; (d) Provide further details for the proposed restaurants along the waterfront; (e) 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 conditions shall be required of the applicant: a) Replatting of the land is required in order to obtain building permits; (b) NW 2nd Street - Replace all broken and damaged sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire width, curb to curb, on both sides of the roadway adjacent to the project site. Construct new sidewalk and curb and gutter following the 25' corner radius. Mill and resurface the entire width, curb to curb adjacent to the project site. Approval of the Public Works Director is required for the proposed street brick work and maintenance covenant shall be required for the non-standard improvements in the right of way; (c) NW 3rd Street — Replace all broken and damaged sidewalk, curb and gutter on both sides of the roadway adjacent to the project site. Construct new sidewalk and curb and gutter following the 25' corner radius. Mill and resurface the entire width, curb to curb adjacent to the project site. Approval of the Public Works Director is required for the proposed street brick work and maintenance covenant shall be required for the non- standard improvements in the right of way. 13) Prior to the issuance of a building permit, the applicant shall submit a letter of approval of the proposed height from the Miami -Dade County Aviation Department. 14) A development bonus to permit a mixed use of 55,470.87 square feet of floor area shall require a non-refundable payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot for a total of $687,838.78. 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. 06-02234mu Page 7 of 7 ZONING ATLAS MAP 111111uuuwwuu1uuuuu1111111111u11111111111111111I1111111111111111111111111111111tlD, 11111111111111 t t NtultltUtttltlututull 0 150 300 a 1 600 Feet 1 1 ADDRESS: 201 and 243 NW S RIVER DRIVE-MUSP 0 150 30 I 1 1 1 600 Feet 'ADDRESS: 201 and 243 NW S RIVER DRIVE-MUSP No. 1. 2. 3. 4. 5. Projects in the Vicinity River's Edge 06-02234mu Name River's Edge Riverside 524 NW 1 St Puerto Real Condominium Rio Condominium Floors Units Status 21 300 MUSP/Application# 17 23 Preliminary 13 100 Completed 11 149 Preliminary 6 30 Preliminary #-Indicates Mixed -Use Project with Retail and/or Office uses 06-02234mu - Projects in the Vicinity CITY OF MIAMI, FLORIDA PLANNINGCDEPARTNEN EIVED r INTER -OFFICE MEMORANDUM i r 2006 OCT -3 PM 3: 13 Ana Gelabert-Sanchez Director Planning Department Stephanie N. Grindell, P.E. Director Public Works Department DATE: SUBJECT: September 29, 2006 FILE : Large Scale Development Review - River's Edge REFERENCES: ENCLOSURES: "Miami River Greenway" cross section The Public Works Department has reviewed the Large Scale Development plans for the River's Edge development located at 243 NW South River Drive and has the following comments. 1. The land located between N.W. South River Drive and the Miami River is un-platted. Platting of this land is required in order to obtain building permits. 2. 25 foot corner radius dedication are required at the intersections of the base building lines at N.W. 2nd Street and N.W. 3rd Street with N.W. South River Drive. 3. Please coordinate the proposed street improvement along N.W. South River Drive with the City of Miami Planning Department in order to comply with the established Miami River Greenway Comprehensive Plan. According with the typical Type A cross-section of the Comprehensive Plan, no parking on the side of the road adjacent to the Miami River is allowed. The comprehensive plan calls for a 15 ft. greenway walkway and a minipark adjacent to the river. 4. An agreement between the City of Miami and the property owner is required for any landscaping, decorative sidewalk, street brick work and pavement treatment located in the public right of way. Public Works approval and permit is required for any improvements in the right of way including landscaping. Bollards are not included in the official "Greenway" plan and are not permitted in the right of way. 5. The proposed finish floor elevation of the building may be significantly higher than the existing street grade. All transitions from the established street profile grade to the building floor 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. 6. Provide dimensions of the loading, parking spaces, back up distances, trash area and the stalls. Standard parking spaces are 8.5 feet wide and 18 feet long and require a 23 foot back-up distance. A Special Class II permit is required to reduce the back-up distance. Verify with the Zoning Department that the column spacing/ clearance in the parking garages is sufficient. Ana Gelabert-Sanchez Director Planning Department Page 2 of 3 9/ 29/ 2006 7. City of Miami driveway entrances, in compliance with A.D.A. standards, shall be required. Continuous pedestrian sidewalk is required across the entrance/ exit driveways. 8. Insufficient maneuvering space is provided in the loading area for single unit trucks to access the 12'by 35' loading stalls. Provide the truck maneuvering turning path diagrams. 9. Continuous pedestrian sidewalk is required within the public right of way abutting the project site without requiring pedestrians to enter private property. Along N.W. South River Drive, the sidewalk must maintain a minimum of 5 feet in width in order to comply with A.D.A. clearance requirements. See the attached typical cross section for the Miami River Greenway. 10. All stormwater must be retained on site including the driveways, interior courtyards and plazas on private property adjacent to the public streets. All common areas, plazas and driveways must be graded or trench drains provided to prevent "sheet flow" from 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. 11. 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 closure request. 12. 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. 13. 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 our 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. W. South River Drive: Construction of the "Miami River Greenway" is required. Coordinate roadway improvements with the City of Miami Planning Department. Approval of the Public Works Director is required for the proposed street brick work and a maintenance covenant shall be required for the non-standard improvements in the right of way. Ana Gelabert-Sanchez 9/ 29/ 2006 Director Planning Department Page 3 of 3 N.W. 2 Street: Replace all broken and damaged sidewalk, curb and gutter on both sides of the roadway adjacent to the project site. Construct new sidewalk and curb and gutter following the 25' corner radius. Mill and resurface the entire width, curb to curb adjacent to the project site. Approval of the Public Works Director is required for the proposed street brick work and a maintenance covenant shall be required for the non- standard improvements in the right of way. N.W. 3 Street: Replace all broken and damaged sidewalk, curb and gutter on both sides of the roadway adjacent to the project site. Construct new sidewalk and curb and gutter following the 25' corner radius. Mill and resurface the entire width, curb to curb adjacent to the project site. Approval of the Public Works Director is required for the proposed street brick work and a maintenance covenant shall be required for the non- standard improvements in the right of way. 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. Handicap ramps, in compliance with ADA standards, are required at all street intersections adjacent to the project site. The streets and avenues adjacent to the project site must be clear of dust and construction debris at all times. If you have any questions concerning these comments, please call Mr. Leonard Helmers, Professional Engineer IV, at extension 1221. SNG/ H EE/ ee g240 c: BEHAR • FONT & PARTNERS, P.A. 4533 Ponce DeLeon Blvd. Coral Gables, Florida 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 GREENWAY TYPE 'A" SECTION The tenon shows two 10 foal lanes of vehicular traffic end perking on the side of the R.O.W. opposite the Grammy. 0n one side of the R.O.W. is a 5 foot wide sidewalk and on the other side is Me 15 foot wide Grammy. Willa the Gresnway win pre0de continuous, shaded, circulation then Is not room for such desirable amenities n seating, shelter, bicycle parldng, drinking water, etc. The section shows Met there are inatences where Me R.O.W. exceeds 50 feet, or in adjacent to publicly held property. The opportunity to provide these other amenities exists In the existing perks es well as potential perks, pocket perks and widened R.O W. In almost es Instances, the exstng overhead wires occur on the opposite side o1 the street from the Greanway. While R would he desirable to put then wires underground, It is not a requirement This cross section Ms been renewed, end approved, by the City of Miami DepertmsM of public Works. To sccompdah tt1s section will require the reconstruction of aR roadways, curbs. sidewalks. end storm drainage and the elimination of some on street paring. PEDESTRIAN LIGHTING CANOPY TREES THE GREENWAY MINI PARK 1 10 RIVER 130 PA4-t- Ot 5 (oe OF T)i}6 ezPo ,tip T 1r0 T (LIJC�' 15,0. GREENWAY STREET LIGHTS TRAVEL UNE TRAVEIIAwe 50,0' WPIiAL 505'.0 PMk1NG IMXMUM TYPE A SECTION THE MIAMI RIVER GREENWAY - PHASE 1Ali 7 5 11 1 TRUST r PUBLIC LAND **PRELIMINARY** SCHOOL IMPACT REVIEW ANALYSIS October 4, 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: River's Edge REQUEST: Large Scale Development (LSD Meeting October 4, 2006) ZONING: C1 "Restricted Commercial" (150 DU/acre) and C2 ACRES: +2.814 net acres LOCATION: Approximately 243 NW South River Drive, M iami, Florida MSA/ MULTIPLIER: NUMBER OF UNITS: 0 4.7 / .27 Multifamily 293 Multifamily (563 units are allowed under existing zoning) ESTIMATED STUDENT POPULATION: 79 ELEMENTARY: MIDDLE: SENIOR HIGH: 38 17 24 SCHOOLS SERVING AREA OF APPLICATION ELEMENTARY: MIDDLE: SENIOR HIGH: Riverside Elementary — 1190 SW 2 Street Frederick Douglass Elementary — 314 NW 12 Street Jose de Diego Middle — 3100 NW 5 Avenue Booker T. Washington Senior —1200 NW 6 Avenue All schools are located in Regi onal Center IV. *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: Riverside Elementary Frederick Douglass Elementary 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** 1,103 1,122 * 577 596 * 1,022 1,039 * 1,543 1,567 * 749 772 1,043 2,270 147% 150% 75% 77% 98% 100% 68% 69% 0 172 0 0 147% 150% 61% 63% 98% 100% 68% 69% 1,969 1,446 2,483 4,354 *Student population i ncrease as a result of the proposed development **Estimated number 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 Riverside Elementary School meets the review threshold. PLANNED RELIEF SCHOOLS IN THE AREA (Information included in proposed 5-Year Capital Plan, 2006-2010, dated July 2006) Projects in Planning, Design or Construction School Status N/A Projected Occupancy Date Proposed Relief Schoo Is 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 $517,371. 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 38 x 18,173 = 690,574 MIDDLE 17 x 19,624 = 333,608 SENIOR HIGH 24 x 25,491 = 611,784 Total Potential Capital Cost $1,635,966 *Based on Information provided by the Florida Department of Education, Office of Educational Facilities Budgeting. Cost per student stati on does not include land cost. 21 0 0 November .1-7 2006 RECEIVED PLAPdt�#i:la OEPARTMEN f 2006 NOY 27 AP°1 9: 47 Ms. Lilia I. Medina, AICP Assistant Transportation Coordinator City of Miami, Office of the City Manager/Transportation 444 SW 2nd Avenue (101h Floor) Miami, Florida 33130 Re: River's Edge Sufficiency Letter — W.O. # 167 Dear Ms. Medina: Via Fax and US Mail Subsequent to our September 20, 2006 review comments for the subject project, we have received a. response letter from Richard Garcia and Associates (RGA) on November 13, 2006. We have also received the revised site plan showing the turning radius of the delivery trucks from the architect on November 17, 2006. Photocopies of the response letter and site plan are attached herewith. 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 • roo ati • n Southern Raj S anmuga Senior 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 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-02234mu 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 RIVER'S EDGE PROJECT, TO BE LOCATED AT APPROXIMATELY 201, 216-20, 243 AND 250 NW S. RIVER DIVE & 601, 609, 615 AND 619 NW 2 STREET STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 221 FEET AND 2 INCHES OF HEIGHT, (21-STORY) MIXED USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 300 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 11,000 SSUARE FEET OF RETAIL SPACE; APPROXIMATELY 8,000 SQUARE FEET OF RESTAURANT SPACE, AND APPROXIMATELY 518 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 November 7, 2006, Simon Ferro, Esquire, on behalf of City National Bank of Florida which is the Trustee under Land Trust Number 2401- 2535-00 and Tineo Group, LLC. (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for River's Edge (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 201, 216-20, 243 and 250 NW S River Drive & 601, 609, 615 and 619 NW 2nd Street, Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and WHEREAS, development of the Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on October 4, 2006 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on October 18, 2006, to consider the proposed project and recommended APPROVAL WITH CONDITIONS; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on February 7, 2007 Item No. 4, 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: 1/31/2007 File Number. 06-02234mu 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 201, 216-20, 243 and 250 NW S River Drive & 601, 609, 615 and 619 NW 2nd Street, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of an approximate 221 feet and 2 inches -foot, 21-story high mixed use structure to be comprised of approximately 300 total multifamily residential units with recreational amenities; approximately 11,000 square feet of retail space; approximately 8,000 square feet of restaurant space, and approximately 518 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 C-11 (Restricted Commercial) and C-2 (Liberal Commercial) 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. *Yes. contextual environment taking into consideration urban form and natural features; (2) Siting should minimize the Yes. *Yes. impact of automobile parking City of Miami Page 2 of 13 Printed On: 1/30/2007 File Number: 06-02234mu 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 and similar features should be appropriately incorporated to City of Miami Page 3 of 13 Printed On: 1/30/2007 File Number: 06-02234mu 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) Signage and Lighting: (1) Design signage appropriate Yes. *Yes. City of Miami Page 4 of 13 Printed On: 1/30/2007 File Number: 06-02234mu 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 $168,419,201, and to employ approximately 159 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 13 permanent new jobs (FTE) for building operations and will generate approximately $790,911 annually in tax revenues to the City (2006 dollars). e. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; City of Miami Page 5 of 13 Printed On: 1/30/2007 File Number: 06-02234mu (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 June 9, 2006, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference. Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the PROJECT, incorporated within. Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and issued. Section 11. In the event that any portion or section of this Resolution or the Development Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order which shall remain in full force and effect. Section 12. The provisions approved for this Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. City of Miami Page 6 of 13 Printed On: 1/30/2007 File Number: 06-02234mu 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 River's Edge (hereinafter referred to as the "PROJECT") to be located at approximately 201, 216-20, 243 and 250 NW S River Drive & 601, 609, 615 and 619 NW 2nd 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 mixed use development to be located at approximately 201, 216-20, 243 and 250 NW S River Drive & 601, 609, 615 and 619 NW 2nd Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 2.96± acres and a net lot area of approximately 1.81± 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 221 feet and 2 inches -foot, 21- story high mixed use structure to be comprised of approximately 300 total multifamily residential units with recreational amenities; approximately 11,000 square feet of retail space; approximately 8,000 square feet of restaurant space, and approximately 518 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 PERMITS 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 55,470.87 square feet, the user shall make a non-refundable bonus developer contribution of an amount of $687,838.78 to the Affordable Housing Trust Fund administered by the City of Miami; City of Miami Page 7 of 13 Printed On: 1/30/2007 File Number: 06-02234mu 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 55,470.87 square feet, the user shall make a non-refundable bonus developer contribution of an amount of $687,838.78.00 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 44,376 square feet of floor area; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for residential development involving in excess of two hundred (200) units; 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; CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1514. Class II Special Permit required for development on property adjacent to the Miami River, to allow a new development adjacent to the Miami River; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub -Section 908.9, Water front yards, to allow a new development in waterfront yards; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 903.1, Rules concerning projects crossing district boundaries or streets; requirements and limitations, to allow a development that is designed as a single site and it occupies lots divided by a street or alley; 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 15, Sect.1512, Class II Special Permit required for waiver of design standard and guidelines to allow a waiver of City of Miami Parking Guides & Standards requirement of one (1) additional foot in stall dimension where the side of any stall abuts a wall, fence, building, or other physical obstruction, to allow the minimum stall width dimension of 8'-6" from face of any obstruction; CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512. Class II Special Permit required for waiver of design standard and guidelines, to allow a waiver of City of Miami Off-street Parking Guides & Standards, only for reduction of required backup distance in driveway isles from 23 feet to 22 feet; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 923, Sub -Section 923.2, Sub - Section 923.2.1. Reduction in stall dimensions by Class II Special Permit; criteria and City of Miami Page 8 of 13 Printed On: 1/30/2007 File Number: 06-02234mu limitations on reductions, to allow reduction of two (2) loading berth dimensions as follows; Required number of loading berth: Four (4) 12 feet wide x 35 feet long x 15 feet high Proposed number of loading berth: Two (2) 12 feet wide x 35 feet long x 15 feet high Four (4) 10 feet wide x 20 feet long x 15 feet high CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub -Section 908.2, Access, to allow driveways of width greater than 25 feet; 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; CLASS I SPECIAL PERMIT, as per, ARTICLE 10, Section 10.5, Sub -Section 10.5.4.4, C-2 Liberal 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; City of Miami Page 9 of 13 Printed On: 1/30/2007 File Number. 06-02234mu 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. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Behar Font & Partners, signed and dated November 6, 2006; said design 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 C-1 (Restricted Commercial) and C-2 (Liberal Commercial) 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 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. City of Miami Page 10 of 13 Printed On: 1/30/2007 File Number. 06-02234mu 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANTS coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a shell permit. 5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for Development Approval, with the understanding that the APPLICANT must use its best efforts to follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide. 6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. 7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP permit resolution and development order, and further, an executed, record able unity of title or covenant in lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's Office. 8) Provide the Planning Department with a temporary construction plan that includes the following: a temporary construction parking plan, with an enforcement policy; a construction noise management plan with an enforcement policy; and a maintenance plan for the temporary construction site; said plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this Major Use Special Permit. 9) In so far as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class I 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. City of Miami Page 11 of 13 Printed On: 1/30/2007 File Number: 06-02234mu 11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions: a) Provide a detail sheet of the south elevation of the building, indicating what materials will be used to treat the unlined portion of the garage; (b) Provide dimensions and details of the proposed covered arcade along NW South River Drive. A minimum dimension of 10 feet wide (measured from interior face of column to the wall) is required for the proposed arcade; (c) Proposed waterfront shall meet the City of Miami Baywalk/Riverwalk Design Guidelines; (d) Provide further details for the proposed restaurants along the waterfront; (e) 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 conditions shall be required of the applicant: a) Replatting of the land is required in order to obtain building permits; (b) NW 2nd Street - Replace all broken and damaged sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire width, curb to curb, on both sides of the roadway adjacent to the project site. Construct new sidewalk and curb and gutter following the 25' corner radius. Mill and resurface the entire width, curb to curb adjacent to the project site. Approval of the Public Works Director is required for the proposed street brick work and maintenance covenant shall be required for the non-standard improvements in the right of way; (c) NW 3`d Street — Replace all broken and damaged sidewalk, curb and gutter on both sides of the roadway adjacent to the project site. Construct new sidewalk and curb and gutter following the 25' corner radius. Mill and resurface the entire width, curb to curb adjacent to the project site. Approval of the Public Works Director is required for the proposed street brick work and maintenance covenant shall be required for the non- standard improvements in the right of way. 13) Prior to the issuance of a building permit, the applicant shall submit a letter of approval of the proposed height from the Miami -Dade County Aviation Department. 14) A development bonus to permit a mixed use of 55,470.87 square feet of floor area shall require a non-refundable payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot for a total of $687,838.78. 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. City of Miami Page 12 of 13 Printed On: 1/30/2007 File Number- 06-02234mu 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: 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 Miami Page 13 of 13 Printed On: 1/30/2007 Exhibit "A" EXHIBIT "A" FOR MUSP LEGAL DESCRPIICIt Lots I, 2 end 17, h Bock 4 Sort', of CITY OF M.W. amazing to the Plat thew{ as recorded h Plot Back a et Page 41, of Me Public Records of Mont Ooai► Court% Rorkfa. Together Mfthc AM/ A-t Cannwnce of a poet on the SovGhwly *kb of Mani Rher where the Swarth iv of Lot 1d of Bloch 4SOUla h the CITY or mug occo erg to the Plat thereof recanted h Plot 'b: Page 41, of the Pubic Reoaisfs of Dale Cauttx flares, pea iced East htersects the low water the of the Mini! Rlres, run thence Sovttieosteny meandering the low water hie of the lErer to the poet where the ceder Anne of Northwest Second Street (lawny Tenth Street) produced East Mascots the soil low water ire; thence Nest to the Earl foe of South Rho! Street thence Nafhwe rtety along the Northeasterly site of South Ries Street to a paint died1y Nest of the Pont of Begenhgt there East to Point of Begbvri►rgr also the submerged lord lying between the tract of land desonbed and the channel of the Mani River. Parcel A -I t}amnence at o pant of the Southerly side of Miami Rner where the South are of Lot 1 of said Block 4 SCUM n the WY Or MAM{ ocarrkg to the Plot thereof recorded in Plat Boat V: Poge 41, of the Po lc Records of Done County Florida produced East Menaces the low water line of than! Rh &awe run Southeasterly meandering the low water Are of the River to the pain where the South kre of tot 18 of sold Bock 4 South produced East intersects the said low water Geer thence Mrest to the East the of South The Street thence Nothwestaly along the Naihoosiedy side of South River Street to o pant Mist of Point of Beginiv; thence East to Poht of Regions; otso the submerged lard lying between the tract of lab last descrbed and the channel of the Mimi River Pare/ B: East 60' of Mist 110' of Lots 18 and 19, h Block 4 SYWTF{ of CITY Or NUM( ocaedkwg to the Plot blereo1 es recorded h Plat Book 13: Page 41 of the Publk Records of land -Bode County, Florida Parcel a Lots 18 and 19 kiss Yrs Most 110' them( h EOroak 4, of SOON CITY CF /(WAR ou rang to .the Plot thereof; es recorabd h Plot Boat 't: Page 41 of the Public Retards of IGvn1-Lboe County; 17 rida. Arm, O_ Lot 20, less the Mist 50; in &oat 4 of SLVJII au OF MAUL occardog to Me Plot thereof, os recanted it Plot Boot 'E of Poge 41, of the Pubic Records of Mkrnl-Oace Count); Florida. Pacer E that penal of lard and submerged lord boarded on pee North by the Easterly extension of the North Gee al lot 2 it Block 4 SYlU1i( CITY OF Mall, as rec. deer n Plat Book 73" of Poge 41, of the Public Recoils of MRxrrf-Ovae County, FToridor an the South by the Easterly atension of the South line of Lot 1 of the above Block 4 SOU7K, on the East by the Miami Rim; our the Meat by the Easterly Inc of N.IK South River Dais. Pacer F. The West 50' of Lots 1Q 19 end 24 h Book 4 South, of CITY OF MAK oocadng to the Plot thereof, os recorded h Plot Book 13; of Poge 41, of the Public Recalls of Miami-0ode Canty. Florida LLANINca INFORMATION r•RaLECT cL.lrs!G6! 2+3 NLL 9QiT11 RtlKR ORM, Q114.1. R CRIOA ZCN.U, • LOT I R.4 TO G•1 LOT 2 SD•A TO G-2 ', .' LOT ARf4s NET LOT AIWA I • 32,41O SG. FT- fCO3.4CI!s L (T AE_ 2 • i6, ,CC SC .T. (C:•CSC 4C 5 ) TCTIL NET LCT SC, t 1LCt .-RE5 ) GQ�.9 _Or GRCS5 _0' eQe_ 1. 2330 5C. FT. ate -C�iS / 6RC45 LOP • 560-6G0 sa=T. r'333 AC•M9 -•T o_ C,.QCS9 LOT _E_ • f2a CO so 12.�1 -:ORES r DENEI T Y; 4LOIED/REO R(D PROVIDED -'-^ :.r1'S �4 dC4E _5 eER C•( 251C_Y- L CE<5rr- MCA -Se :co :.NITS P.4 -:CR.?. =5?R C :co x 06Cs • OI:CLCNITS 361PC 4\IT$ 3CC Y.TS FAR AREA' FLLGUED D ROAM° I. LO66Y ( °Route FLOOR) . 2006 SQ. FT. 2000 SQ. FT. 2. RETAIL (O1EO NO FLOOR) ' 15000 San. Ls TAIL .No I I (0CC 5-. RETAIL No 2 -tow; `J. pu'Ay Ma .I.006 S. 18,000 50. FT. I. m. FLOOR - PARKNome5I HTIAL (2-6) 12 LINER tNt's EA. PLUCK (5)• 160 ;.NITS) 5 x 152E0 • 660:20 5QFT- 4564/1)00 SOFT. 4. SEVENTH FLOOR - PAWING S. E%C'►r7 FLOOR - RESIDENTIAL r22 La+ITS.) :2,�.0 Sc=T. 22.400 SOFT. 6. TV... FLOOR - RESIDENTIAL (9.13) 23 LLNITS EA. FLOCR:Si. !TS UNITS/ 5 x 2:)..,-CC SCFT. • (12000 SOFT. 1121AD0 SOFT. T. FOURTEENTH FLOOR - RESIDENT(AL (WC- LEVEL) 2 LVI�Ts) 2 CCC YPT. 0 22,000 SOFT. S.,FIFTEENTH FLOOR - RESIDENTIAL 7L--NITS) SGi. ISOOO SOFT. {"CCO 9•UXTEENTH FLOOR - IGES(DENT1AL to 1Nrs) 13.400 SOFT. 13.400 SOFT. 10. SEVENTEENTH FLOCK - I.L�SIDENTIAL /13 UNITS) . �.... sr, -Fr. I7-�� ��, .1 IL EI61-ITEENTH FLOOR • RESIDENTIAL !:t WITS) ',CSC:, 5CFT. 10T. 0, NINTEENTN FLOOR - RESIDENTIAL It .NRTs) -..M SG=T. 9;00e SOFT. 13. TWENTIETH FLOOR - RESIDENTIAL P4 (t 31!TS) -CMT. 9000 SOFT. MAX FAR 321!00 SOFT. .:. 9-- •-+E =.:..Q. t 1.-.00 x .. - • .21 ELOCC SG =(( 2215E0.00 &OFT 0 4.5F �5 TIC'?I.1 \-•:9c D=VE_' G `4T ECti. Tw (294) 22(t5C x :9 • Y,_TO:'"•. SO FT. DD 410.00 SOL FT C. PIZ:.: (••' .) .. 22123C x -... - L'6L0 5OF'. 44.37600 50. FT Exhibit "B" Y V, NUMBER OF UNITS ALLOJEMEGIIRED pRiano D L1NER LAUTS ( 30 ) . 10 A t S!OR0OF' 4P4e1 1!NTS ( 201 APTS.) • 6T 6 2 EEDR=CM 41.4RT?SX7S ( 66 ARTS.) • 22 e 2 6EDROGf 4P4RT(-.ENTS ( 3 4 ,!•) • 1 % TOTAL NUMBER OF UNITS MIN) 300 PARKING= KLOicoNagaARp FRONDED I. RESIDENTIAL • 2 PARC.NG 51 5OE5r: 5R OR 3 SR ;POTS O9 UNITS x 2. • I R.:AR.N w SPGCESn Se iNr5 201 ul1RS x 1. • 1 P4eC+ 4 SP-CES(LNER IANIT 30 1.641T6 x 1. • 1 / 10 UNITS (vIITCRS) 300 IB4TD5/ I0. ISO ' 2d 10 ,30 135 MI 30 30 2. RETAIL / CCI•MERCL4L • 1 P.•RCI1.0 5PACE5(30O SO. FT RETAIL no^v0 SO, FT 1 300 SG FT.. 366 1 PAR INS SPAC.ES/00 SO. •T RESTAURANT 8,000 SC. FT / I00 SO. PT,. to SSA, !♦0 31 tot TOTAL MI1DER GP REGJIRED PARKING SPACES SIS,6 31S TOTAL WC PAWN* 54 LOT 103 FIG 11 NC OFF-STREET LOADING REQUIREMENTS ALLAED/REGRED PR IADl12• E!Q14 "7-1- TNDIF•$'15IC4 TO NE T11ELvE (77) 5T TARTY F)v9 (33) FEET 5T 9EVITEEN (IS) N I I0IG1+7 A SEWN etx39X1S HG) FOR MILDI2165 INEXCESS OF 2S0.L1-'O SO. FT, UP TO SC0000 SO. FT. 4 STALLS (GX35) 2/PALLS (12X35) 4/STALLS (wa0) mass n raw. TOTAL M►1BER co REQUIRED PARKN(s SPACES 4 LOT COVERAGE - ALLAED.NEasso moms, 4 e•1 .tot GY *0455 LOT AMA. c-I 60% c1 °ROBS LOT 4n4 45 PER CR N/ACE • WOO SECTION 2-eU4DING FOOTPRINT FIAT 5E INCREASED TO SIX TE.NTuS (,60) Tmes THE 6+ettS5 LOT AR°A •C'R PROJECTS T_GT C,^•7 •LT Y,DTJ TWE 0 LOLING 1t:01'REYENTS, SEE O.R'r'INANCE R000 FOR -"JITI^N4L IX .C.: `14T!CN. C•2 60S o* GRCSS LOT 4.E4 (SY CLASS « ) '.O.G'A56 c-2 • SS,C 7% C-t • C•2 . IM0o0 X 60 • :T,40033 Sea FT. •1-1,40033 OR. 61,116 SF. ( 35.2% ) - TOTAL 91(40033 S. Di,116 SF. ( 3562% > BUILDING SETBACKS AllolEOEEo to moms, FICNT 10.0 10•-0" 10'-0' SIDE 10'-0' 10•-0' 10•-0" 5T FE- SIDE 0-0- UP TO 70'47. r c SAO(•GR RAP'. 0. aro,.n 0•-0" UP TO I70• T•-6- LW, TO 120• rr'mot me Fwrm s.ea tor LOT : (C-:) •R'VT 0•-0" 3'-0' 5(05 (NCRTN) 0•-0" 30•-0. SIC, (SC.0 U 0•-0" 42'-6" e°Ae (wvER•.) 20'-0" 20•-0" OPEN SPACE FRo+AED C. : OF GR055 :0' AREA c-1 • aeoT:m C-2 • -Ct2A56 'C-I . _ - • r-LCC` X vO • . 2...:04 12,900.00 5F. 15,505b SF. a 14g1 % ) TOTAL MAxIMUM BUILDING I4E1G1-IT ALLOIED)Iff00 PR ABED "AX'"..." silt 0Pas: u_!r+T bER :CN:NG CO.._ C•1 .'tiLiMRED UNL INIITED ) 224'-5" HT C-2 • r0' uT. 120' HT. Exhibit "B"