HomeMy WebLinkAboutPAB Supporting DocumentationLEGISTAR FILE ID: 06-02072mu
APPLICANT
REQUEST/LOCATION
COMMISSION DISTRICT
ZONING DISTRICT(S)
SITE AREA
LEGAL DESCRIPTION
PETITION
PLANNING
RECOMMENDATION
BACKGROUND AND
ANALYSIS
PLANNING ADVISORY BOARD
CITY COMMISSION
PLANNING FACT SHEET
January 17, 2007 Item # 4
Ben Fernandez, Esquire, on behalf of Prema, LLC.
Consideration of a Major Use Special Permit for the Max Miami
project, located at approximately 1611-1631 NE Miami Place,
and 1604, 1622, 1630 NE 1 Avenue. [Downtown NET District]
2
C-2 (Liberal Commercial) with a zoning change to SD-6
(Central Commercial Residential District)
1.58± acres (Gross) and 1.07± acres (Net)
See supporting documentation
Consideration of a Resolution, approving with conditions, a Major
Use Special Permit pursuant to Articles 13 and 17 of Zoning
Ordinance No. 11000, as amended, for the Max Miami project,
to be located at approximately 1603, 1611, 1615, 1621, 1631 NE
1 Miami Place and 1604, 1622, 1630 NE 1 Avenue, Miami,
Florida, to construct a mixed use tower of approximate 400 feet
and 4 inches in height with 31 story; to be comprised of
approximately 28 total residential units, 168 hotel rooms and
recreational amenities; approximately 38,210 square feet of
residential floor area, approximately 50,264 square feet of retail
space, approximately 250,000 square feet of office space,
approximately 65,543 square feet of hotel use; and
approximately 1,139 total parking spaces.
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: 3/15/2007 Page 1
ANALYSIS
MAJOR USE SPECIAL PERMIT
for
Max Miami
located at approximately
1603, 1611, 1615, 1621, 1631 NE Miami Place and 1604, 1622, 1630 NE 1 Avenue„
1622 NE 1 Avenue, 1630 NE 1 Avenue
FILE ID: 06-02072mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Max Miami project, located at approximately 1603,
1611, 1615, 1621, 1631 NE Miami Place and 1604, 1622, 1630 NE 1 Avenue„ Miami,
Florida, has been reviewed to allow a Major Use Special Permit per Articles 13 and 17,
to construct a mixed use tower of approximate 400 feet and 4 inches in height with 31 story; to
be comprised of approximately 28 total residential units, 168 hotel rooms and recreational
amenities; approximately 38,210 square feet of residential floor area, approximately 50,264
square feet of retail space, approximately 250,000 square feet of office space, approximately 65,
543 square feet of hotel use; and approximately 1,139 total parking spaces.
NOTE: This Major Use Special Permit includes a petition to change the Miami Comprehensive
Neighborhood Plan future land use map from "General Commercial" to "Restricted Commercial"
and also a petition to change the zoning designation of the Zoning Atlas of Ordinance 11000 from
C-2 "Liberal Commercial" to SD-6 "Central Commercial Residential District".
This Permit also includes the following requests:
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), to allow any
single use or combination of uses requiring or proposing to provide in excess of five hundred
(500) off-street parking spaces;
Note: Commercial advertising shown on hearings plans are not part of this Major Use Special
Permit application for approval.
This Major Use Special Permit encompasses the following Special Permits and Requests:
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 606.3.1, to allow erection a new building
in SD-6 Central Commercial Residential District only if the zoning change is granted;
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 606, Sub -Section 606.8.3 Open space
and residential recreational space, to allow residential recreational space conforming to "The City
of Miami Design Guides and Standards for Open Space and Residential Recreational Space";
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, Enactment No. 12758, to allow a
mechanical, robotic, automated or parking lift system;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -section 917.1, Parking ma-
neuvering on public streets or sidewalks prohibited; backing into alley from offstreet parking
spaces in multifamily and nonresidential districts;
06-02072mu
Page 1 of 7
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Class II Special Permit required for
waived of design standard and guidelines to allow a waiver of City of Miami Offstreet Parking
Guides and Standards requirement of one (1) additional foot in stall dimension where the side of
any stall abuts a wall, column, fence, building, or other physical obstruction, to allow the minimum
stall width dimension of 8'-6" from face of any obstruction for approximately 27 (2.4%) parking
spaces out of 1,139 parking spaces provided;
CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 927. Temporary structures, occupan-
cies, and uses during construction, criteria for special permits, to allow temporary structures, oc-
cupancies, 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 ceremonies;
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 cere-
monies;
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 10.6, Sub -Section 10.6.3.6 (3) SD-6
Central Commercial -Residential District to allow temporary development sign;
REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be re-
quired 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
additional commercial opportunities in the Downtown NET District, located at the
northwest corner of NE 1s1 Avenue and NE 16h Street.
• It is found that the subject property is located in the "ROBBINS, GRAHAM, AND
CHILLINGWORTH SUBDIVISION" plat within the Omni/PAC neighborhood of the
City.
06-02072mu
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• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the property is C-2 "Liberal Commercial" and the
applicant is requesting a change to SD-6, "Central Commercial Residential 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 property is "General
Commercial" and the applicant is requesting a change to "Restricted Commercial".
• It is found that the proposed project is not located along a Primary Pedestrian
Pathway.
• It is found that the project has convenient access to the Metromover system at the
Omni station, located adjacent south of the subject property, with connections to the
Metrorail and Tri-Rail systems, for efficient use of existing mass transit systems.
• 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 (112 units at 104.7
units per acre) is below the maximum 535 units (500 units per acre) on the 1.07± net
acre site. Per Section 903.4, the 168 hotel rooms are equivalent to 84 dwelling units
(hotel rooms = 0.50 of dwelling units).
• It is found that the total allowable combined floor area without bonuses for the 1.58±
gross acre site at a Floor Area Ratio (FAR) of 8.4 is 578,760 square feet. The
project as proposed is not requesting any bonuses and consists of a total FAR of
472,515 square feet (38,210 sq. ft. residential, 50,264 sq. ft. proposed retail, and
250,000 sq. ft. of existing office and 65,543 sq. ft. of hotel use).
• It is found that the maximum height of the proposed structure is approximately 400
feet. Pursuant to Article 6, Section 606.9, there are no height limits in the proposed
SD-6.
• It is found that the proposed total number of parking spaces (approximately 1,139)
for the project is above the required number of 473 parking spaces.
• It is found that the proposed open space for the project (10,377 square feet) is
above the minimum required open space (7,010 square feet at 10% GLA) for this
project.
• It is found that the project is expected to cost approximately $246,170,000, and to
employ approximately 590 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 242 permanent new jobs
(FTE) for building operations and will generate approximately $1,938,546 annually in
tax revenues to the City (2006 dollars).
• It is found that on December 22, 2005, 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. In addition, the
analysis indicates that the structure may impact the Terminal Instrument Procedures
06-02072mu
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(TERPS) for Departure and Approach on some of the runways at Miami International
Airport (MIA). Any proposed construction exceeding 200 feet 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 in height must be filed using
the same form.
• It is found that on December 28, 2005, the City of Miami Public Works Department
provided a review of the project and commented the following street improvements
shall be required: (a) NE 16th Street — Construct new sidewalk at the corner adjacent
to the project site in order to comply with the 25 foot corners radius dedication
requirement. Construct sidewalk, curb and gutter on the north side of the street
adjacent to the project site. Replace all damaged sidewalk, curb and gutter on the
remainder of the street and mill and resurface the entire width, curb to curb, between
N.E. 1 Avenue and N.E. Miami Place; (b) NE 1 Avenue - Construct sidewalk, curb
and gutter on the south side of the terrace adjacent to the project site. Replace all
damaged curb and gutter to the property line and grade on the west side of the
avenue adjacent to the project site. Replace all damaged sidewalk, curb and gutter
on the remainder of the street and mill and resurface of N.E. 1 Avenue and N.E. 17
Street is scheduled to be signalized. Coordinate with Miami -Dade County Public
Works Department for the location of the new curb and gutter; (c) N.E. Miami Place
— Construct new sidewalk at the corners adjacent to the project site in order to
comply with the 25 foot corner radius dedication requirement. Construct new curb
and gutter on the east side of the street adjacent to the project site. Replace all
damaged sidewalk, curb and gutter on the remainder of the street and mill and
resurface the entire width, curb to curb, between N.E. 16 Street and N.E. 17 Street.
• It is found that Miami -Dade Public Schools provided a preliminary review of the
proposed project on January 6, 2006. The student population generated by this
development is estimated at 56 students. The schools serving this area of
application are Phillis Wheatley Elementary (26 students) — 52% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Jose De Diego Middle
(14 students) — 99% FISH; and Booker T. Washington Senior High (16 students) —
69% FISH. Pursuant to the interlocal agreement, all of the schools meet the review
threshold of 115%.
• It is found that the Large Scale Development Committee reviewed the project on
January 18, 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 of the Planning Department on April 19, 2006, and the following revised
pertinent comments were made: Context/Urban Design — (1) The committee is
concerned with the parking podium levels and ground level; (2) The ground floor
plan needs to be redesigned to be pedestrian friendly, create lively public spaces,
promote retail at the ground level, and better integrate the internalized loading, drop
off, and garage ramping movements; (3) The committee does not support the
abandonment of the public alley between NE Miami Place and NE 1st Avenue under
the current proposal. This alley may be utilized for loading, internal drop off or other
operations and the public spaces- pedestrian realm are inadequate. Loading should
be internalized. Consider loading from the alley or a basement level; (4) The
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proposed ground floor setback along NE 16th Street and NE 1st Avenue is
unacceptable as proposed. A greater building presence should be provided on NE
1st Avenue. An L-shape retail area wrapping these streets should relate to the public
spaces; (5) The applicant shall eliminate the proposed VIP porte-cochere vehicular
drive or move it to a basement or second level and provide dedicated pedestrian
access to the ground -floor lobby entrance and the retail galleria in order to enliven
the street; (6) Provide additional details of the plaza- ground floor space, including
pavement materials, dimensions, the water and sculpture feature, and any lighting,
plaza furniture, or pedestrian amenities Materials - (1) The committee is concerned
by predominance of architectural metal screen on the garage levels of the facades.
All garage screening methods must prevent the visual appearance of lighting,
mechanical, cars and other mechanical parking elements. Particularly the northern
facade of the building, the committee needs to be able to predict the impact of this
blank wall; (2) The metal mesh located along the primary pedestrian streets without
further articulation is unacceptable; (3) The use of LCD screens can not be used for
advertisement; (4) Clarify the materials shown in the horizontal intervals in the
curtain wall system to determine how it responds to the human scale and perception;
Parking Garage/Loading — (1) Incorporate the required loading bays so that it is
accessed from within the garage and loading vehicles do not have to reverse to or
from the public right of way.
• It is found that on June 16, 2006, the City's Traffic Consultant, URS Corp., provided
a review (W.O. #145) 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.
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
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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.
11) Pursuant to design related comments received by the Planning Director, the appli-
cant shall meet the following conditions: (a) The ground floor plan shall be redesigned to
create lively public spaces that promotes retail at the ground level, and also integrates
the internalization of the loading, drop off, and garage ramping movements; (b) The
project should keep the public alley between NE Miami Place and NE 1st Avenue. This
06-02072mu
Page 6 of 7
alley shall be utilized for loading, internal drop off or other operations; (c) The ground
floor setback along NE 16th Street and NE 1st Avenue, as proposed, is unacceptable. A
greater building presence shall be provided on NE 1st Avenue. Also, an L-shape retail
area wrapping these streets should relate to the public spaces; (d) The applicant should
eliminate the proposed VIP porte-cochere vehicular drive. (e) Provide dedicated pedes-
trian access to the ground -floor lobby entrance and the retail galleria; (f) Provide addi-
tional details of the plaza- ground floor space, including pavement materials, dimen-
sions, the water and sculpture feature, and any lighting, plaza furniture, or pedestrian
amenities; (g) All garage screening methods must prevent the visual appearance of
lighting, mechanical, cars and other mechanical parking elements. Particularly the
northern facade of the building; (h) The metal mesh located along the primary pedes-
trian streets without further articulation is unacceptable; (i) The use of LCD screens can
not be used for advertisement; (j) Clarify the materials in the horizontal intervals as part
of the proposed curtain wall system to determine how it responds to the human scale;
(k) Conditions "a" thru "j" shall require that the revised plans be submitted for review and
approval of the Planning Director demonstrating compliance with the above conditions
prior to the issuance of a building permit.
12) Pursuant to comments by the City of Miami Public Works Department, the
following street improvements shall be required: (a) NE 16th Street — Construct new
sidewalk at the corner adjacent to the project site in order to comply with the 25 foot
corners radius dedication requirement. Construct sidewalk, curb and gutter on the north
side of the street adjacent to the project site. Replace all damaged sidewalk, curb and
gutter on the remainder of the street and mill and resurface the entire width, curb to
curb, between N.E. 1 Avenue and N.E. Miami Place; (b) NE 1 Avenue - Construct
sidewalk, curb and gutter on the south side of the terrace adjacent to the project site.
Replace all damaged curb and gutter to the property line and grade on the west side of
the avenue adjacent to the project site. Replace all damaged sidewalk, curb and gutter
on the remainder of the street and mill and resurface of N.E. 1 Avenue and N.E. 17
Street is scheduled to be signalized. Coordinate with Miami -Dade County Public Works
Department for the location of the new curb and gutter; (c) N.E. Miami Place — Construct
new sidewalk at the corners adjacent to the project site in order to comply with the 25
foot corner radius dedication requirement. Construct new curb and gutter on the east
side of the street adjacent to the project site. Replace all damaged sidewalk, curb and
gutter on the remainder of the street and mill and resurface the entire width, curb to
curb, between N.E. 16 Street and N.E. 17 Street.
13) Within 90 days of the effective date of this Development Order, record a
certified copy of the Development Order specifying that the Development Order runs
with the land and is binding on the Applicant, its successors, and assigns, jointly or
severally.
06-02072mu
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Industrial
17TH ST
rH ST
0 150 300
i I
FUTURE LAND USE MAP
[ajor Inst,Public Facilities,Transp7And]
General Commercial
600 Feet
Restricted
Commercial
L.
AV GNZ 3N
NE 17T
NE 16TH
ST
7
Restricted Commercial
ADDRESS: 1603-1631 NE MIAMI PL
0 150 300
I
I
ZONING ATLAS MAP
600 Feet
I
ADDRESS: 1603-1631 NE MIAMI PL
0 150 300 600 Feet
I 1 I I
ADDRESS: 1603-1631 NE MIAMI PL
No. Name
Projects in the Vicinity
Max Miami
06-02072mu
Floors
Units
Status
1. Filling Station
2. Urbana Tower
3. Parc Lofts
4. Max Miami
10 77 Completed #
14 114 Under Const.#
7 72 Under Const.
31 112 Application #
#-Indicates Mixed -Use Project with Retail and/or Office uses
06-02072mu - Projects in the Vicinity
MIAMI-DADE COUNTY, FLORIDA
MIAMI-DADE
December 22, 2005
Mr. Kevin Walford
City of Miami
444 S.W. 2nd Avenue 4th Floor
Miami, Florida 33130
RE: Height Analysis for Max Tower
Located at 1600 NE lst Ave, in Miami, FL
Dear Mr. Walford:
AVIATION DEPARTMENT
P.O. BOX 592075
MIAMI, FLORIDA 33159-2075
(305) 876-7000
The Miami -Dade Aviation Department (MDAD) has reviewed your Large Scale
Development Submittal dated November 21, 2005 for a height analysis for the above
referenced project. Our review finds that a 401 ft Above Ground Level (AGL) (assumed
411 ft Above Mean Sea Level (AMSL)) 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 161 ft
• Runway 26R LNAV Final Approach: exceeds by 181 ft
• Runway 27 LNAV Final Approach: exceeds by 141 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 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 must be filed by the construction
contractor using the same form. Thus, for any structure or crane at this location
exceeding 200 ft, FAA form 7460-1 must be filed. The form is available through this
office or through the FAA website: http://forms.faa.gov/forms/faa7460-1.pdf. 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
MIAMI INTERNATIONAL AIRPORT
Mr. Kevin Walford
Page 2
December 22, 2005
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:
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.
Neither MDAD nor any MDAD staff has the power or authority to enforce the County's
zoning provisions or the FAA requirements. Pursuant to section 33-339, the County's
Department of Planning & Zoning (P&Z) administers the County's height zoning
provisions (Section 33-339) which states that "all applications for permits made to
appropriate municipal Building and Zoning Departments or agencies for all
construction... shall be approved by the [Miami -Dade Department of Planning and
Zoning] Director and the Building Official or by their duly authorized representatives
prior to issuance of the permit." The FAA has its own airspace evaluation requirements,
as well as the right to permit or not permit construction of a facility or use of a crane
based on the particular facts then presented before the FAA. Only P&Z or the applicable
municipal building official can make the final determination as to whether the County's
zoning requirements and height limitations are met, and only FAA can make the
determination as to whether FAA building 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.
Mr. Kevin Walford
Page 3
December 22, 2005
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.
Re
amos, R.A.
ief of Aviation Planning
JR/cf
C: S. Harman
J. Bunting
D. Vreeland
Al Torres, Department of Planning & Zoning
Roberto Lavernia, City of Miami
Orlando Toledo, City of Miami
Earl Newalu, FAA
File Airspace
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO:
FROM :
Ana Gelabert-Sanchez
Director
Planning Department
Stephanie N. Grindell, P.E.
Director
Public Works Department
DATE : FILE :
December 28 2005
SUBJECT:
Large Scale Development Review -
Max Tower, 1600 N.E. 1 Avenue
REFERENCES:
ENCLOSURES:
The Public Works Department has reviewed the Large Scale Development plans for the
development entitled Max Tower located at 1600 N.E. 1 Avenue and has the following
comments.
1. Platting of the property will be required in order to close and vacate a 10
ft. alley north of N.E. 16 Street between N.E. 1 Avenue and N.E. Miami
Place and to realign the property lines on N.E. 16 Street. Suitable access
from the closed end of the alley to the nearest public right of way must be
provided inside the property site. Public Works strongly recommends an
early investigation into the platting requirements for this site as the
suitable alley access will affect the building site.
2. A 25 foot corner radius dedication is required at the intersections of the
base building lines at N.E. 1 Avenue and N.E. Miami Place with N.E. 16
Street.
3. 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.
4. A dock master permit may be required for the proposed stacked parking in
the garage levels 4, 5, 6 and 7.
5. The maximum slope for a driveway ramp sloping upward toward the
street is 1:20 for the last 20 feet to the property line. 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" 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.
6. 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 cannot be changed to accommodate the
proposed building ground floor elevation.
Ana Gelabert-Sanchez
Director
Planning Department
Page 2
December 28, 2005
7. 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. Coordinate with
Miami -Dade Public Works Department for the improvements along N.E. 1
Avenue.
8. The sidewalk along N.E. 16 Street is too narrow to accommodate street
trees in the right of way. Continuous pedestrian sidewalk is required
within the public right of way abutting the project site without requiring
pedestrians to enter private property. Along N.E. 16 Street, the sidewalk
width must maintain 5 feet in order to comply with A.D.A. clearance
requirements. 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. The maximum driveway width is 40 feet. Driveways must be
five (5) feet off the side lot line where they cross the base building line. A
Class II special permit is required to back-up into the loading bays from
the street right of way.
10. 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.
11. 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.
12. This project is more than one acre in total construction area. Therefore,
sediment and erosion control 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 additional
information, please contact the Public Works Department at (305) 416-1200
or www.dep.state.fl.us/water/stormwater/npdes.
Ana Gelabert-Sanchez
Director
Planning Department
Page 3
December 28, 2005
In addition to these comments, the Public Works Department will require the following
street improvements:
N.E. 16 Street: Construct new sidewalk at the corners adjacent to the project site in
order to comply with the 25 foot corner radius dedication requirement. Construct new
curb and gutter on the north side of the street adjacent to the project site. Replace all
damaged sidewalk, curb and gutter on the remainder of the street and mill and
resurface the entire width, curb to curb, between N.E. 1 Avenue and N.E. Miami Place.
N.E. 1 Avenue: Construct new sidewalk, curb and gutter to the property line and grade
on the west side of the avenue adjacent to the project site. Replace all damaged
sidewalk, curb and gutter on the remainder of the street and mill and resurface the
entire width, curb to curb, between N.E. 16 Street and N.E. 17 Street. The intersection of
N.E. 1 Avenue and N.E. 17 Street is scheduled to be signalized. Coordinate with Miami -
Dade County Public Works Department for the location of the new curb and gutter.
N.E. Miami Place: Construct new sidewalk at the corners adjacent to the project site in
order to comply with the 25 foot corner radius dedication requirement. Construct new
curb and gutter on the east side of the street adjacent to the project site. Replace all
damaged sidewalk, curb and gutter on the remainder of the street and mill and
resurface the entire width, curb to curb, between N.E. 16 Street and N.E. 17 Street.
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. Handicap ramps, in
compliance with ADA standards, are required at both corners adjacent to the project
site. 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. Handicap ramps, in compliance with ADA standards, are required at
both intersections adjacent to the project site.
If you have any questions concerning these comments, please call Mr.. Leonard Helmers,
Professional Engineer IV, at extension 1221.
SNG/> ]'FI/EE
c: DB Lewis Architecture+Design VERITE DEVELOPMENT LLC
120 N.E. 27 Street # 500 168 S.E. 1 Street
Miami, Florida 33137 Miami, Florida 33131
Stephanie Grindell, P.E., Director of Public Works
Lourdes Slazyk, Assistant Director, Planning Department
Manny A. Vega, Zoning Department
bc: Development and Roadway Plans Section
Central
**PRELIMINARY**
SCHOOL IMPACT REVIEW ANALYSIS
January 6, 2006
FOR INFORMATIONAL PURPOSES ONLY; THE REQUIREMENTS UNDER THE
INTERLOCAL AGREEMENT FOR SCHOOL FACILITY PLANNING ARE NOT TRIGGERED
SINCE THE SCHOOLS THAT WOULD SERVE THE PROPOSED DEVELOPMENT, ARE
UNDER THE 115% THRESHOLD CAPACITY.
APPLICATION: V-3 Max Tower
(LSD Mtg. January 18, 2006)
REQUEST: Large Scale Developm ent
ZONING: Proposed Land Use change from C-2 "Liberal Commercial
District" (150 DU/acre) to SD-6 "High Residential Density" (500
DU/acre)
ACRES: + 1.07 net acres
0
LOCATION: Approximately 1600 NE 1 Avenue, Miami
MSA/
MULTIPLIER: 4.7 / 0.27 Multifamily
NUMBER OF
UNITS: 208 units (28 residential units and 180 hotel roo ms)
(Existing zoning allows 161 units — Proposed zoning will allow 535
units)
ESTIMATED STUDENT
POPULATION: 56
ELEMENTARY:
MIDDLE:
SENIOR HIGH:
26
14
16
SCHOOLS SERVING AREA OF APPLICATION
ELEMENTARY: Phillis Wheatley Elementary — 1801 NW 1 PI.
MIDDLE: Jose De Diego Middle — 3100 NW 5 Avenue
SENIOR HIGH: Booker T. Washington Senior — 1200 NW 6 Avenue
All schools are located in Regional 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:
STUDENT
POPULATION
FISH DESIGN
CAPACITY
PERMANENT
% UTILIZATION
FISH DESIGN
CAPACITY
PERMANENT
NUMBER OF
PORTABLE
STUDENT
STATIONS
% UTILIZATION FISH
DESIGN CAPACITY
PERMANENT AND
RELCOATABLE
CUMULATIVE
STUDENTS"
Phillis Wheatley
Elementary
306
638
48%
0
48%
1,242
332 *
52%
52%
Jose De Diego
Middle
1,022
1,043
98%
0
98%
2,834
1,036
99%
99%
Booker T.
Washington
Senior High
1,543
2,270
68%
0
68%
4,678
1,559 *
69%
69%
*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 Interloca I Agreement, none of the schools meet the review threshold.
0
PLANNED RELIEF SCHOOLS IN THE AREA
(Information included in proposed 5-Year Capital Plan, 2005-2009, dated April 2005)
Projects in Planning, Design or Construction
School Status
N/A
Projected
Proposed Relief Schools Occupancy Date
School Funding year
State School "GG-1" FY 06-07
LAND TO BE DONATED BY CITY OF MIAMI Proposed
(Jose de Diego M iddle School relief)
(1,241 student stations)
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 $366,744.
CAPITAL COSTS: Based on the State's January 2006 student station cost factors*, capital
costs for the estimated additional students to be generated by the proposed development are:
ELEMENTARY 26 x 13,940 = $362,440
MIDDLE 14 x 15,983 = $223,762
SENIOR HIGH 16 x 21,150 = $338,400
Total Potential Capital Cost $924,602
*Based on Information provided by the Florida Department of Education, Office of Educational
Facilities Budgeting. Cost per student station does not include land cost.
June 16, 2006
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: Max Tower
Sufficiency Letter — W. O. # 145
Dear Ms. Medina:
Via Fax and US Mail
Subsequent to our January 06, 2006 review comments for the subject project, we have received
a formal response from David Plummer and Associates Inc. (DPA) dated June 12, 2006. We
have also received the revised site plan from the architect via e-mail showing the turning radius
of the delivery trucks on June 16, 2006. Photocopies of both the response letter from DPA and
the revised site plan are attached herewith. �o
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, piease call Quazi Masood or me at 954.739.1881.
Sincerely,
URS ra on Southern
Raj Shanmug.E.
Se for Traffic Engineer
Attachment
Cc: Mr. Kevin Watford, Planner II, City of Miami Planning (Fax - 305.416.1443)
Mr. Manny A. Vega, Engineer 1, City of Miami Zoning (Fax - 305.416.2153)
Ms. Sonia Shreffler-Bogart, PE, DPA, (Fax - 305.444.4986)
URS Corporation
Lakeshore Complex
5100 NW 33rd Avenue, Suite 150
Fort Lauderdale, FL 33309-6375
Tel: 954.739.1881
Fax: 954.739.1789
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A2-03A
"` City of Miami
Legislation
"" Resolution
City Hall
3500 Pan
American Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-02072mu Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO
ARTICLES 13, AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR
THE MAX MIAMI PROJECT TO BE LOCATED AT APPROXIMATELY 1603, 1611,
1615, 1621, 1631 NORTHEAST MIAMI PLACE AND 1604, 1622, 1630 NORTHEAST
1ST AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A MIXED USE TOWER OF
APPROXIMATE 400 FEET AND 4 INCHES IN HEIGHT WITH 31 STORY; TO BE
COMPRISED OF APPROXIMATELY 28 TOTAL RESIDENTIAL UNITS, 168 HOTEL
ROOMS AND RECREATIONAL AMENITIES; APPROXIMATELY 38,210 SQUARE
FEET OF RESIDENTIAL FLOOR AREA, APPROXIMATELY 50,264 SQUARE FEET OF
RETAIL SPACE, APPROXIMATELY 250,000 SQUARE FEET OF OFFICE SPACE,
APPROXIMATELY 65, 543 SQUARE FEET OF HOTEL USE; AND APPROXIMATELY
1,139 TOTAL PARKING SPACES; 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 January 17, 2007, Ben Fernandez, Esquire, on behalf of Prema,
LLC., Successor by merger to Richwood, Inc. and Miami Herald Publishing (referred to
as "APPLICANT"), submitted a complete Application for Major Use Special Permit for
Max Miami (referred to as "PROJECT") pursuant to Articles 13 and 17 of Zoning
Ordinance No. 11000, for the properties located at approximately 1603, 1611, 1615,
1621, 1631 NE 1 Miami Place and 1604, 1622, 1630 NE 1 Avenue, 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, 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 January 18, 2006
to consider the proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on May 17, 2006, to
consider the proposed project and recommended APPROVAL with conditions; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on March 21,
2007 Item No. 4, following an advertised public hearing, adopted Resolution No. PAB
City of Miami Page 1 of 13 Printed On: 3/15/2007
File Number: 06-02072mu
by a vote of --- to --- (*-*), recommending with conditions as presented in the Major
Use Special Permit Development Order as attached and incorporated; and
WHEREAS, the City Commission deems it advisable and in the best interest of
the general welfare of the City of Miami to issue a 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 1603, 1611, 1615, 1621, 1631 NE 1 Miami Place
and 1604, 1622, 1630 NE 1 Avenue, Miami, Florida, more particularly described on
"Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of a mixed use
tower of approximate 400 feet and 4 inches in height with 31 story; to comprise of
approximately 28 total residential units, 168 hotel rooms and recreational amenities;
approximately 38,210 square feet of residential floor area, approximately 50,264 square
feet of retail space, approximately 250,000 square feet of office space, approximately
65,543 square feet of hotel use and approximately 1,139 total parking spaces.
Section 4. The Major Use Special Permit Application for the Project also
encompasses the lower ranking Special Permits as set forth in the Development Order.
Section 5. The findings of fact set forth below are made with respect to the
subject PROJECT:
a. The PROJECT is in conformity with the adopted Miami Comprehensive
Neighborhood Plan, as amended.
b. The PROJECT is in accord with the proposed SD-6 (Central Commercial
Residential District) zoning classification of Zoning Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended.
c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan
aspects of the PROJECT that have been found by the City Commission (based upon
facts and reports prepared or submitted by staff or others) to adhere to the following
Design Review Criteria 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
City of Miami Page 2 of 13 Printed On: 3/15/2007
File Number: 06-02072mu
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Yes *No
impact of automobile parking
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 *Yes
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood Yes *No
context;
(3) Create a transition in bulk Yes *Yes
and scale;
(4) Use architectural styles Yes *No
and details (such as roof lines
and fenestration), colors and
materials derivative from
surrounding area;
(5) Articulate the building facade Yes *N/A
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
III) Pedestrian Oriented Development:
(1) Promote pedestrian
interaction;
(2) Design facades that
respond primarily to the
human scale;
(3) Provide active, not blank
facades. Where blank walls
are unavoidable, they should
receive design treatment.
IV) Streetscape and Open Space:
Yes
Yes
Yes
*No
*No
*No
(1) Provide usable open space Yes *No
that allows for convenient and
visible pedestrian access from
the public sidewalk;
City of Miami Page 3 of 13 Printed On: 3/15/2007
File Number: 06-02072mu
(2) Landscaping, including plant Yes *Yes
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
V) Vehicular Access and Parking:
(1) Design for pedestrian and Yes *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 *No
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 *Yes
structures with program uses.
Where program uses are not
feasible soften the garage
structure with trellises,
landscaping, and/or other
suitable design element.
City of Miami Page 4 of 13 Printed On: 3/15/2007
File Number: 06-02072mu
VII) Signage and Lighting:
(1) Design signage appropriate Yes *No
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes **N/A
feature to the building facade,
on and around landscape
areas, special building or
site features, and/or signage;
(3) Orient outside lighting to Yes **N/A
minimize glare to adjacent
properties;
(4) Provide visible signage Yes **N/A
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
(1) Preserve existing vegetation Yes *N/A
and/or geological features
whenever possible.
IX) Modification of Nonconformities:
(1) For modifications of N/A *N/A
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform N/A *N/A
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
*Compliance is subject to conditions.
** Not applicable at this time, subject to review and approval.
These findings have been made by the City Commission to approve this project with
conditions.
d. The PROJECT is expected to cost approximately $246,170,000, and to
employ approximately 590 workers during construction (FTE-Full Time Employees); The
project will also result in the creation of approximately 242 permanent new jobs (FTE) for
City of Miami Page 5 of 13 Printed On: 3/15/2007
File Number: 06-02072mu
building operations and will generate approximately $1,938,546 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;
(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 September 5, 2006, and on file with the Planning Department of the City of
Miami, Florida, shall be relied upon generally for administrative interpretations and is
incorporated by reference.
Section 8. The City Manager is directed to instruct the Planning Director to
transmit a copy of this Resolution and attachment to the APPLICANT.
Section 9. The Findings of Fact and Conclusions of Law are made with
respect to the Project as described in the Development Order for the PROJECT,
incorporated within.
Section 10. The Major Use Special Permit Development Order for the
PROJECT is granted and issued.
Section 11. In the event that any portion or section of this Resolution or the
Development Order is determined to be invalid, illegal, or unconstitutional by a court or
agency of competent jurisdiction, such decision shall in no manner affect the remaining
portions of this Resolution or Development Order which shall remain in full force and
effect.
Section 12. The provisions approved for this Major Use Special Permit, as
approved, shall commence and become operative thirty (30) days after the adoption of
the Resolution.
City of Miami Page 6 of 13 Printed On: 3/15/2007
File Number. 06-02072mu
Section 13. This Major Use Special Permit, as approved, shall expire two (2)
years from its commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its
adoption and signature of the Mayor. {1}
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 13 and 17 of Ordinance No. 11000, the
Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"),
the Commission of the City of Miami, Florida, has considered in a public hearing, the
issuance of a Major Use Special Permit for Max Miami Residential, (hereinafter
referred to as the "PROJECT") to be located at approximately 1603, 1611, 1615, 1621,
1631 NE 1 Miami Place and 1604, 1622, 1630 NE 1 Avenue, 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 1603, 1611, 1615, 1621, 1631 NE 1 Miami Place and 1604, 1622, 1630
NE 1 Avenue, Miami, Florida. The PROJECT is located on a gross lot area of
approximately 1.58± acres and a net lot area of approximately 1.07± 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 a mixed use tower of approximate 400 feet and 4 inches
in height with 31 story; to comprise of approximately 28 total residential units, 168 hotel
rooms and recreational amenities; approximately 38,210 square feet of residential floor
area, approximately 50,264 square feet of retail space, approximately 250,000 square feet
of office space, approximately 65,543 square feet of hotel use and approximately 1,139
total parking spaces.
The Major Use Special Permit Application for the PROJECT also encompasses the
following lower ranking Special Permits:
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File Number: 06-02072mu
MAJOR USE SPECIAL PERMITS
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), to
allow any single use or combination of uses requiring or proposing to provide in excess
of five hundred (500) off-street parking spaces;
Note: Commercial advertising shown on hearings plans are not part of this Major Use
Special Permit application for approval.
This Major Use Special Permit encompasses the following Special Permits and
Requests:
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 606.3.1, to allow erection a
new building in SD-6 Central Commercial -Residential district;
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 606, Sub -Section 606.8.3
Open space and residential recreational space, to allow residential recreational space
conforming to "The City of Miami Design Guides and Standards for Open Space and
Residential Recreational Space";
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, Enactment No.
12758, to allow a mechanical, robotic, automated or parking lift system;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -section 917.1,
Parking maneuvering on public streets or sidewalks prohibited; backing into alley from
offstreet parking spaces in multifamily and nonresidential districts;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Class 11 Special Permit
required for waived of design standard and guidelines to allow a waiver of City of Miarni
Offstreet Parking Guides and Standards requirement of one (1) additional foot in stall
dimension where the side of any stall abuts a wall, column, fence, building, or other
physical obstruction, to allow the minimum stall width dimension of 8'-6" from face of any
obstruction for approximately 27 (2.4%) parking spaces out of 1,139 parking spaces
provided;
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 ceremonies;
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File Number. 06-02072mu
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 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 10.6, Sub -Section 10.6.3.6 (3)
SD-6 Central Commercial -Residential District to allow temporary development sign;
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;
Pursuant to Articles 13 and 17 of Zoning Ordinance 11000, approval of the
requested Major Use Special Permit shall be considered sufficient for the subordinate
permits requested and referenced above as well as any other special approvals required
by the City which may be required to carry out the requested plans.
The PROJECT shall be constructed substantially in accordance with plans and
design schematics on file prepared by DB LEWIS Architecture+ Design, dated May 17,
2006; the landscape plan shall be implemented substantially in accordance with plans
and design schematics on file prepared by Enviroscapes, dated October 10, 2005; said
design and landscape plans may be permitted to be modified only to the extent
necessary to comply with the conditions for approval imposed herein; all modifications
shall be subject to the review and approval of the Planning Director prior to the issuance
of any building permits; and
The PROJECT conforms to the requirements of the proposed SD-6 (Central
Commercial Residential District) zoning classification, 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
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File Number: 06-02072mu
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.
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.
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File Number: 06-02072mu
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) The ground floor plan shall be
redesigned to create lively public spaces that promotes retail at the ground level, and
also integrates the internalization of the loading, drop off, and garage ramping
movements; (b) The project should keep the public alley between NE Miami Place and
NE 1st Avenue. This alley shall be utilized for loading, internal drop off or other
operations; (c) The ground floor setback along NE 16th Street and NE 1st Avenue, as
proposed, is unacceptable. A greater building presence shall be provided on NE 1st
Avenue. Also, an L-shape retail area wrapping these streets should relate to the public
spaces; (d) The applicant should eliminate the proposed VIP porte-cochere vehicular
drive. (e) Provide dedicated pedestrian access to the ground -floor lobby entrance and
the retail galleria; (f) Provide additional details of the plaza- ground floor space, including
pavement materials, dimensions, the water and sculpture feature, and any lighting, plaza
furniture, or pedestrian amenities; (g) All garage screening methods must prevent the
visual appearance of lighting, mechanical, cars and other mechanical parking elements.
Particularly the northern fagade of the building; (h) The metal mesh located along the
primary pedestrian streets without further articulation is unacceptable; (i) The use of LCD
screens can not be used for advertisement; (j) Clarify the materials in the horizontal
intervals as part of the proposed curtain wall system to determine how it responds to the
human scale; (k) Conditions "a" thru "j" shall require that the revised plans be submitted
for review and approval of the Planning Director demonstrating compliance with the
above conditions prior to the issuance of a building permit.
12) Pursuant to comments by the City of Miami Public Works Department, the
following street improvements shall be required: (a) NE 16th Street — Construct new
sidewalk at the corner adjacent to the project site in order to comply with the 25 foot
corners radius dedication requirement. Construct sidewalk, curb and gutter on the north
side of the street adjacent to the project site. Replace all damaged sidewalk, curb and
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File Number: 06-02072mu
gutter on the remainder of the street and mill and resurface the entire width, curb to curb,
between N.E. 1 Avenue and N.E. Miami Place; (b) NE 1 Avenue - Construct sidewalk,
curb and gutter on the south side of the terrace adjacent to the project site. Replace all
damaged curb and gutter to the property line and grade on the west side of the avenue
adjacent to the project site. Replace all damaged sidewalk, curb and gutter on the
remainder of the street and mill and resurface of N.E. 1 Avenue and N.E. 17 Street is
scheduled to be signalized. Coordinate with Miami -Dade County Public Works
Department for the location of the new curb and gutter; (c) N.E. Miami Place — Construct
new sidewalk at the corners adjacent to the project site in order to comply with the 25
foot corner radius dedication requirement. Construct new curb and gutter on the east
side of the street adjacent to the project site. Replace all damaged sidewalk, curb and
gutter on the remainder of the street and mill and resurface the entire width, curb to curb,
between N.E. 16 Street and N.E. 17 Street.
13) Within 90 days of the effective date of this Development Order, record a
certified copy of the Development Order specifying that the Development Order runs
with the land and is binding on the Applicant, its successors, and assigns, jointly or
severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date
of its issuance; the issuance date shall constitute the commencement of the thirty (30)
day period to appeal from the provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami
Comprehensive Neighborhood Plan, as amended, is consistent with the orderly
development and goals of the City of Miami, and complies with local land development
regulations and further, pursuant to Section 1703 of the Zoning Ordinance:
(1) 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: 3/15/2007
File Number: 06-02072mu
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: 3/15/2007
EXHIBIT A
MAX MIAMI
Major Use Special Permit
1603, 1611, 1615, 1621, 1631 NE Miami Place
1604, 1622, 1630 NE 1st Avenue
Legal Description
Lots 5, 6, 7, 8, 9, and 12, Block 8 or ROBBINS, GRAHAM, AND CHILLINGWORTH
SUBDIVISION, according to the plat thereof, recorded in Plat Book A, at Page
491/2 of the Public Records of Dade County, Florida, less the East 10 feet of Lots 5,
8, 9, and 12 and less the South 5 feet of Lot 12.
0
TOGETHER WITH:
Lots, 1, 2, and 3, Block A, of T.W. PALMER'S RESUBDIVISION, according to the Plat
thereof, recorded in Plat Book 4, at Page 60 of the Public records of Miami -Dade
County, Florida, less the South 10.00 feet of Lot 3.
Exhibit "B"
MAX MIAMI
Major Use Special Permit
Project Data Sheet
1. Legal Description See legal descriptions on surveys under Tab Q.
2. Address: 1603, 1611, 1615, 1621, 1631 NE Miami Place
1604, 1622, 1630 NE 1st Avenue
3. Zoning Classification: C-2
4. Lot Area: 46,731 square feet
5. Density: Allowed Provided
150 units per acre 28 units
168 hotel room
6. Allowable Area: Allowed Provided
0 578,760 square feet 472,515
7. Height: Allowed: Provided:
Unlimited 400 feet (31 stories)
8. Building Footprint: Allowed: Provided:
N/A 36,048 square feet
9. Number of Parking Spaces: Allowed: Provided:
473 473 plus automated
spaces up to 1,139 total
10.Open Space: Allowed: Provided:
7,010 square feet 10,377 square feet
11. Setbacks:
Exhibit "B"
Allowed: Provided:
Front 5 feet 30 feet
Street Yard
(l si Avenue) 5 feet 5 feet
Street Yard
(NE Miami Place) 5 feet 5 feet
Side Yard 0 feet 0 feet