HomeMy WebLinkAboutITEM #2 - PAB-01.06.08PLANNING FACT SHEET
LEGISTAR FILE ID: 07-00513mu
APPLICANT
REQUEST/LOCATION
COMMISSION DISTRICT
ZONING DISTRICT(S)
SITE AREA
LEGAL DESCRIPTION
PETITION
PLANNING RECOMMENDATION
BACKGROUND AND ANALYSIS
PLANNING ADVISORY BOARD
CITY COMMISSION
January 16, 2008 Item # 2
N. Patrick Range, as attorney on behalf of the Empire
World Towers, LLC.
Consideration of a Major Use Special Permit for the Empire
World Towers project, to be located at approximately 300
and 330 Biscayne Boulevard, 227, 237, 243, 249 NE 3rd
Street and 230, 249 NE 4th Street
2
CBD (Central Business District)
2.66± acres (Gross) and 2.03± 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 Empire
World Towers project, to be located at approximately 300
and 330 Biscayne Boulevard, 227, 237, 243, 249 northeast
3rd Street and 230, 249 Northeast 4th Street, Miami,
Florida, to construct a mixed use project with two 93 story
high structures of approximately 1,022 feet, to be
comprised of approximately 1,557 total multifamily
residential units with recreational amenities; approximately
3,317 square feet of office space; approximately 24,741
square feet of retail space; and approximately 1,321 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: 1/9/2008 Page 1
ANALYSIS
MAJOR USE SPECIAL PERMIT
for
Empire World Towers
located at approximately
330 Biscayne Boulevard.
FILE ID: 07-00513mu
Pursuant to ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the
subject proposal for the Empire World Towers project, to be located at approximately 300 and 330
Biscayne Boulevard, 227, 237, 243, 249 Northeast 3rd Street and 230, 249 Northeast 4th Street,
Miami, Florida, has been reviewed to allow a Major Use Special Permit per articles 13 and 17, to
construct a mixed use project with two 93 story high structures of approximately 1,022 feet, to be
comprised of approximately 1,557 total multifamily residential units with recreational amenities;
approximately 3,317 square feet of office space; approximately 24,741 square feet of retail space;
and approximately 1,321 total parking spaces.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for a
residential development involving two hundred (200) dwelling 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;
The Major Use Special Permit encompasses the following Special Permits and Requests:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 620.3.1, to allow construction of
any new building in CBD-CENTRAL BUSINESS DISTRICT COMMERCIAL;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Off -Street Parking Guide and
Standard, to allow of required parking backup distance from 23'-0" to 21'-3" on certain
locations @ levels 10-12, and from 23'-0" to 22'-2" at basement.
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -Section 917.14, Sub -
Section 917.14.1 Parking Lifts, Robotic and Mechanical parking systems, to allow a
mechanical, robotic, automated or parking lifts;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Offstreet Parking Guides and
Standards, to allow a waiver of City of Miami Offstreet Parking Guides and Standards
requirement of one (1) additional foot on approximately 121 (9%) parking stall dimension
where the side of these stalls abuts a wall, column, fence, building, or other physical
obstruction, to allow the minimum stall width dimension of 8'-6" to be measured from the face
of any obstruction to the center line of the stall striping lines;
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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 loading berth dimensions as follow:
Required: Five (5) 12 feet wide x 55 foot long x 15 feet high
Four (4) 12 feet wide x 35 foot long x 15 feet high
Proposed: Two (2) 12 feet wide x 55 foot long x 15 feet high
Five (5) 12 feet wide x 35 foot long x 15 feet high
Five (5) 10 feet wide x 20 foot long x 15 feet high
Five (5) 10 feet wide x 20 foot long x 10 feet high (basement)
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 II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -section 917.1, Parking
maneuvering on public streets or sidewalks prohibited; backing into alley by Class II Special
Permit; exceptions, to allow maneuvering of loading trucks on public street (N.E. 3rd Street);
CLASS I SPECIAL PERMIT, as per ARTICLE 9. Section 906. Sub -Section 906.9. Temporary
special events; special permits; criteria, to allow temporary carnival, festival, fair or similar
type event on privately owned or City -owned land such as a ground breaking ceremony;
CLASS I SPECIAL PERMIT as per ARTICLE 9. Section 916. Sub -Section 916.2.1.
Temporary special event parking, to allow parking for temporary special event such as
groundbreaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9. Section 918. Sub -Section 918.2. Temporary
off-street offsite parking for construction crews, criteria, to allow temporary off-street offsite
parking, for construction crews working on a residential project under construction, within
CBD or more permissive zoning district;
CLASS I SPECIAL PERMIT, as per ARTICLE 9. Section 920. Sub -Section 920.1.2.
Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers or
manufactured homes, when authorized for security or other purposes in connection with land
development such as construction trailer(s) and other temporary construction offices such as
watchman's quarters, leasing and sales centers.
CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.5, Sub -Section 10.5.4.5, CBD-
CENTRAL BUSINESS DISTRICT COMMERCIAL, Temporary Signs (3), to allow temporary
development sign;
REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a)
permitting the operation of construction equipment exceeding the sound level of a reading of
0.79 weighted average dBA at any time and/or day subject to the City Manager Exception
pursuant to Section 36-6 (c) and all the applicable criteria;
Request for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be
required at the time of issuance of Shell Permit instead of issuance of Foundation Permit:
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- 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 association;
- And the requirement to record in the Public Records an 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), to the Planning
Internal Design Review Committee, Urban Development Review Board and Historic
Environmental and Preservation Board for additional input and recommendations; the
following findings have been made:
• It is found that the proposed development project will benefit the area by creating additional
residential and commercial opportunities in the Downtown NET District, bounded by NE 4th
Street to the North; NE 3rd Street to the South; Biscayne Boulevard to the East and SE 2nd
Avenue to the West.
• It is found that the subject property is located in the "MAP OF CITY OF MIAMI NORTH" plat
within the Central Business District neighborhood of the City.
• 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 "Central Business District".
• It is found that the proposed project is located along a Primary Pedestrian Pathway.
• It is found that the project has convenient access to the Metromover system at the Bayfront
Plaza station, located adjacent east 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 (1,557 units at 767 units per acre)
is below the maximum allowed, which is 2,030 units (1,000 units per acre) on the 2.03± net
acre site.
• It is found that the total allowable combined floor area without bonuses for the 2.66± gross acre
site is unlimited. The project as proposed is not requesting any bonuses and consists of a total
FAR of 2,421,660 square feet (2,421,660 sq. ft. proposed residential, 24,741sq. ft. proposed
for retail 3,317 sq. ft. of office).
• It is found that the maximum height of the proposed structure is approximately 1,022 feet
N.G.V.D. Pursuant to Article 4, Section 401, there are no height limits in the proposed CBD
district.
• It is found that the Miami -Dade Aviation Department provided a Height Analysis review of the
proposed project dated on May 3, 2007 and found that it does not conforms to the Miami -Dade
County Height Zoning Ordinances at that location.
• It is found that the proposed total number of parking spaces (approximately 1,321) for the
project complies with the Zoning Ordinance once the reduction by right is considered for its
proximity to a Metromover station.
07-00513mu
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• It is found that the proposed open space for the project (14,253 square feet) is above the
minimum required open space (11,587 square feet) for this project.
• It is found that the project is expected to cost approximately $1,004,228,000 and to employ
approximately 8,628 workers during construction (FTE-Full Time Employees); The project will
also result in the creation of approximately 2,967 permanent new jobs (FTE) for building
operations and will generate approximately $8,822,895 annually in tax revenues to the City
(2007 dollars).
• It is found that on April 27, 2007, the City of Miami Public Works Department provided a review
of the project with the following comments: (a) N.E. 3 Street: Replace all damaged sidewalks,
cub and gutter adjacent to the project site, (b) N.E. 4 Street: Replace all damaged sidewalks,
cub and gutter adjacent to the project site, (c) Biscayne Boulevard: Coordinate the replacement
of all damaged sidewalks, cub and gutter adjacent to the project with the Florida Department of
Transportation. The decorative pavers on Biscayne Boulevard are part of an adopted
streetscape plan by the City and the color and pattern of the pavers hall conform to the existing
conditions. The Public Work Department recommends that the contractor prepare a video
record of the side walk treatment prior to beginning construction of the project. In addition,
pavement restoration for all water and sewer extensions, existing damaged pavement and
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 excavation
and/or damaged pavement area. A thorough cleaning of all stormwater drainage inlets and
storm sewer pipes adjacent to the building 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.
• It is found that Miami -Dade Public Schools provided a preliminary review of the proposed
project on October 23, 2007. The student population generated by this development is
estimated at 420 students. The schools serving this area of application are Riverside and
Frederick Douglas Elementary (202 students); Riverside elementary with 145% Florida
Inventory School Houses (FISH) Capacity with the proposed project and Frederick Douglas
Elementary with 66% (FISH) Capacity with the proposed project; Jose De Diego Middle (92
students) — 84% FISH and Booker T. Washington Senior High (126 students) — 65% FISH.
Pursuant to the interlocal agreement, only Fredrick Douglas and Jose De Diego Middle along
with Booker T. Washington Senior High meet the review threshold of 115%.
• It is found that the Environmental Impact Statement submitted with the project states that "the
proposed development site is appropriate and has a favorable impact on economy, public
services, environment and housing supply within the immediate neighborhood"
• It is found that the Large Scale Development Committee reviewed the project on May 9, 2007
to address the expressed technical concerns raised at said Large Scale Development
Committee meeting.
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• It is found that the proposed project was reviewed by the Internal Design Review Committee of
the Planning Department on March 13, 2007, and the following revised pertinent comments
were made: Building Height: The project exceeds the permissible height requirements
permitted by Miami -Dade County Aviation Department. Consider reducing the building height
or obtain a variance, or other necessary approval(s), from Miami -Dade Aviation. Confirm that
the height of the proposed buildings is in compliance with height requirements established by
the FAA and Miami -Dade County Aviation Departments, given the site's proximity to the Miami
Airport. Please note that Federal Emergency Management Agency (FEMA) regulations,
primarily related to height elevation above sea level, have affected other projects in this area.
Contact the Miami -Dade District FEMA office regarding height requirements and other
regulations. Loading: The maneuvering for loading in NE 3rd Street is unacceptable.
Incorporate the required space so that they are accessed from within the garage and loading
vehicles do not have to reverse to or from the public right of way; Landscaping: The applicant
shall engage Burle Marx group if continuing their pattern along N.E. 3rd Street.
• It is found that the proposed project was submitted to the Urban Development Review Board
on June 20, 2007 resulting approved with conditions.
• It is found that on May 8, 2007, the City's Traffic Consultant, URS Corp. provided a review
(W.O. # 181) of the Traffic Impact Analysis submitted by the applicant and has found the traffic
analysis sufficient base on the following transportation control measures: (1) Provide transit
subsidies for the employees, (2) Provide transit information — schedule, maps, etc at
convenient locations of site, (3) Provide convenient and secure spaces for bicycles storage
areas, (4) Provide transit oriented amenities
Based on these findings, the Planning Department is recommending approval of the
requested Development Project with the following conditions:
1) Meet all applicable building codes, land development regulations, ordinances and other
laws and pay all applicable fees due prior to the issuance of a building permit.
2) Allow the Miami Police Department to conduct a security survey, at the option of the
Department, and to make recommendations concerning security measures and systems; further
submit a report to the Planning Department, prior to commencement of construction,
demonstrating how the Police Department recommendations, if any, have been incorporated into
the PROJECT security and construction plans, or demonstrate to the Planning Director why such
recommendations are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating
APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of
Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building
development process and review procedures, as well as specific requirements for fire protection
and life safety systems, exiting, vehicular access and water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of Solid
Waste that the PROJECT has addressed all concerns of the said Department prior to the
obtainment of a shell permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for
Development Approval, with the understanding that the APPLICANT must use its best efforts to
follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as a
guide.
07-00513mu
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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 applicant
shall meet the following conditions: (a) The project as presented exceeds the current maximum
allowed height of the Miami -Dade Aviation Department (MDAD), due to that, the project must
comply with height regulations of the Miami -Dade Aviation Department (MDAD), prior to the
issuance of the building permit; (b) Provide a clearance letter for the project from the Federal
Emergency Management Agency (FEMA) regulations, with an specific reference of compliance
their height and other regulations.; (c) Adjust the project to internalize the maneuvering within the
garage and avoid loading vehicles to reverse to or from the public right of way; (d) The applicant
shall engage Burle Marx group and continuing their pattern along N.E. 3rd Street.
07-00513mu
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12) Pursuant to comments the City of Miami Public Works Department provided a review of
the project with the following comments: (a) N.E. 3 Street: Replace all damaged sidewalks, cub
and gutter adjacent to the project site, (b) N.E. 4 Street: Replace all damaged sidewalks, cub and
gutter adjacent to the project site, (c) Biscayne Boulevard: Coordinate the replacement of all
damaged sidewalks, cub and gutter adjacent to the project with the Florida Department of
Transportation. The decorative pavers on Biscayne Boulevard are part of an adopted streetscape
plan by the City and the color and pattern of the pavers hall conform to the existing conditions. The
Public Work Department recommends that the contractor prepare a video record of the side walk
treatment prior to beginning construction of the project. In addition, pavement restoration for all
water and sewer extensions, existing damaged pavement and 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 excavation and/or damaged pavement area. A thorough
cleaning of all stormwater drainage inlets and storm sewer pipes adjacent to the building 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.
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.
07-00513mu
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FUTURE LAND USE MAP
— Rerrpn+inn
PORT BLVD
AGO
Major Inst,
Public Facilities,
Transp And
Restricted Commercial
w
2
z
z
z
Recreation
UNNAM
0 150 300
I � I
600 Feet
Address: 300 330 BISCAYNE BLVD
227 237 243 249 NE 3 ST
230 249 NE 4 ST
0 150 300
ZONING ATLAS MAP
600 Feet
Address: 300 330 BISCAYNE BLVD
227 237 243 249 NE 3 ST
230 249 NE 4 ST
0 150 300
I
iiii
600 Feet
1 I
Address: 300 330 BISCAYNE BLVD
227 237 243 249 NE 3 ST
230 249 NE 4 ST
No.
1
2
Name
Projects in the Vicinity
Empire World Towers
07-0051 3mu
Floors Units
Status
Empire World Towers 93 1,557 E PRELIMINARY PHASE #
Everglades on the Bay 49 866 B UNDER CONSTRUCTION #
#-Indicates Mixed -Use Project with Retail and/or Office uses
07-00513mu-EWT- Proj.in Vicinity
C I T Y 0 F M I A M I
PLANNING A N D ZONING DEPARTMENT
PRE -APPLICATION DESIGN REVIEW COMMENTS
MAJOR USE SPECIAL PERMIT
IDR-05-0
EMPIRE WORLD TOWERS
330 BISCAYNE BOULEVARD
NET DISTRICT: DOWNTOWN
02-13-07
The following comments represent the unified vision of the Pre -Application Design Review Committee, which consist
of all staff members in the Urban Design and Land Development Divisions.
COMMENTS:
Building Height
• The project exceeds the permissible height requirements permitted by Miami -Dade County Aviation
Department. Consider reducing the building height or obtain a variance, or other necessary approval(s), from
Miami -Dade Aviation. Confirm that the height of the proposed buildings is in compliance with height
requirements established by the FAA and Miami -Dade County Aviation Departments, given the site's
proximity to the Miami Airport.
Loading
• The maneuvering for loading in NE 3rd Street is unacceptable. Incorporate the required space so that they are
accessed from within the garage and loading vehicles do not have to reverse to or from the public right of way.
Landscaping
• The applicant shall engage Burle Marx group if continuing their pattern along N.E. 3rd Street.
Other
• Please note that Federal Emergency Management Agency (FEMA) regulations, primarily related to height
elevation above sea level, have affected other projects in this area. Contact the Miami -Dade District FEMA
office regarding height requirements and other regulations.
It is our intention with these comments to aid in expediting Special Permit applications with your
voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly
prior to a project's submission to the Large Scale Development Committee or the Urban Development
Review Board.
1
July 11, 2007
Ms. L.illa I. Medina, AICP
Assistant: Transportation Coordinator
City of Miami, Office of the City Manager/Transportation
444 SW 2nd Avenue 00th Floor)
Miami, Florida 33130
Re: Empire World Towers /330 Biscayne Boulevard
Sufficiency Letter — W.O. # 181
Dear Ms. Medina:
0 -
PLANNING I �f ED
���] JUL�k p�fc���'d'US Mail
18 PH 2: 25
Subsequent to our May 8, 2007 review comments for the subject project, we have received a
response letter from KH&A dated June 29, 2007. The response letter also includes vehicle
maneuverability details. Photocopies of the response letter and the attachments are included
herewith.
Please note that in reference to the issue of committing to a Transportation Control Measure
Plan, the response indicates that the applicant will provide the following specific Transportation
Control Measures:
1. Providing transit subsidies for the employees;
2. Placement of transit information — schedule, maps, etc., at convenient locations of
the site;
3. Providing convenient and secure spaces for bicycles; and
4. Providing transit oriented amenities.
The development approval should be conditioned upon applicant fulfilling above commitments.
Further, the site plan should identify the location of the designated bicycle storage area.
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 with the aforementioned
conditions.
Should you have any questions, please call me at 954.739.1881.
Raj ` hanm
Seni4 r Traffi
Attachment
Cc: Mr. Antonio E. Perez, Planner II, City of Miami Planning (Fax - 305.416.1443)
Mr. John J. McWilliams, P.E., KH&A. (Fax - 954.739.2247)
UR5 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, FLORIDA
INTER -OFFICE MEMORANDUM
Ana Gelabert-Sanchez
TO Director
Planning Department
qaStep riie N. Grindell, P.E.
FROM :
Director
Public Works Department
DATE:
SUBJECT:
REFERENCES:
ENCLOSURES:
April 27, 2007
FILE :
Large Scale Development Review
Empire World Towers
The Public Works Department has reviewed the Large Scale Development plans for the project
entitled Empire World Towers located at 330 Biscayne Boulevard and has the following comments.
1. Dedication of a twenty five (25) foot corner radius is required on the southeast corner of lot 20 at
the intersection of Biscayne Boulevard and N.E. 3 Street.
2. The underground parking garage (basement level) is not permitted to encroach beyond the
required twenty five (25) foot corner radius dedication line.
3. A Class II Special Permit, is required for trucks to back-up from the right of way to enter the 12
foot by 55 foot loading stalls. Backing up into the right of way to exit the loading stalls is not
permitted.
4. Truck maneuvering space is insufficient for the 12 foot by 35 foot loading stalls. Various
columns and the FPL Vault wall conflict with turning movements to enter the stalls. There is
insufficient turning space to permit a truck to exit the loading spaces and enter the right of way in
a forward direction. Trucks are not permitted to back-up into the right of way to exit the loading
stalls. A dockmaster is required for the tandem loading arrangement.
5. In the West Tower, all parking levels, there is insufficient maneuvering space for the parking
stalls closest to the center support columns/walls. With the "one-way" traffic circulation pattern,
vehicles cannot turn to enter or exit the stall from the 11 foot, more or less, wide driving aisle.
Also, there is no driver visibility of oncoming traffic or pedestrians due to the solid shear .walls.
This is a very difficult and dangerous parking arrangement.
6. The access drive onto N.E. 4 Street must be 5 feet off the side lot line where the driveway crosses
the base building line (property line).
7. Street trees along N.E. 3 Street must be located as to provide a minimum 5 feet wide clear
sidewalk path within the public right of way without requiring pedestrians to enter private
property. The `Bridal Veil" tree is not approved for installation in the public right of way.
Ana Gelabert-Sanchez
Director
April 27, 2007
P ge. 2 of 3
8 There is a 2.5 foot grade difference from the west end to the east end of the building site. 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 `'vay and the record profile street grade can not be changed to accommodate the
proposed building ground floor elevation.
4. 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
tb accommodate future maintenance access. If de -watering during construction is anticipated, a
ale -watering platy must be prepared and submitted to the Miami -Dade Department of
Environmental Resources Management and City of Miami Public Works for review and permit.
10. 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. A Florida Department
of Transportation permit is required for any work within the Biscayne Boulevard right of way.
11. 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.
12. 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.
13. 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.
14. All greenspace and landscaping required by the Zoning Ordinance must be accommodated on
private property. Greespace and landscaping within the public right of way cannot be included in
the calculations for meeting greenspace zoning requirements.
15. City of Miami driveway entrances, in compliance with A.D.A. standards, shall be required.
Continuous sidewalk is required across the driveway entrances.
16. 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,
Ana Gelabert-Sanchez
Director
April 27, 2007
Page 3. of 3
Erosion and Sediment permit. For information on a DEP permit application,please contact the
Public Works Department at (305) 416-I200 or www.dep.state.fl.us.lwater/stormwater/nodes.
In addition to these comments, the Public Works Department will require the following street
improvements:
N.E. 3 Street: Replace all damaged sidewalk, curb and gutter adjacent to the project site.
N.E. 4 Street: Replace all damaged sidewalk, curb and gutter adjacent to the project site.
Biscayne Boulevard: Coordinate the replacement of all damaged sidewalk, curb and gutter adjacent
to the project site with the Florida Department of Transportation. The decorative pavers on Biscayne
Boulevard are part of an adopted streetscape plan by the City and the color and pattern of the pavers
shall conform to existing conditions. The Public Works Department recommends that the contractor
prepare a video record of the sidewalk treatment prior to beginning construction of the project.
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. 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 (Temp.), at 305-416-1221.
c: KOBI KARP ARCHITECTURE AND INTERIOR DESIGN, INC.
2915 Biscayne Boulevard, Suite 200
Miami, FL 33137
Stephanie N. Grindell, Director, Public Works Department
Roberto Lavemia, Chief of Land Development, Planning Department
Manuel Vega, Zoning Department
bc: Development and Roadway Section
Central
CI T Y 0 F M I A M I
PLANNING DEPARTMENT
URBAN DEVELOPMENT REVIEW BOARD (U D R B)
RESOLUTION FOR RECOMMENDATION
UDRB MEETING: JUNE 2 0- 2 0 0 7
Item No. 5:
A motion was made by Willy Bermello and seconded by Robin Bosco for a resolution
recommending to the director of the Department of Planning APPROVAL WITH
CONDITIONS of a Major Use Special Permit for the project EMPIRE WORLD TOWERS
located at 330 Biscayne Boulevard with a vote of 4 to 0.
Vote List:
Yes
No
Recused
Absent
Todd B. Tragash, Chairman
X
■
■
■
Julio Diaz, Vice Chairman
❑
❑
•
X
Robert Behar
■
■
0
X
Ernesto Santos
■
■
0
X
Robin Bosco
X
0
■
0
Marina Khoury
0
•
0
X
Rudolph Moreno
X
■
■
❑
Willy Berrnelho
X
■
0
0
Conditions:
• The walkway at all levels shall be adjusted in order to obtain a more attractive solution.
• Develop the ground floor plan along Biscayne Boulevard in order to better address the
street. Consider providing a comer entrance that helps to integrate the building with its
immediate context.
MIAMI INTERNATI NAL AIRPORT
Commercial Airport:
Miami Inernational Airport
General Aviation Airports:
Dade -Collier Training h Transition
Homestead General
Kendall-lamiami Executive
Opa-locka
Opa-locka West
Mr. Roberto Lavemia
Chief of Land Development
City of Miami
444 SW 2nd Ave, 3rd Floor
Miami, FL 33130
Miar lade Aviation Department
P.O. pox 025504
Miami, FL 33102-5504
T 305-876-7000 F 305-876-0948
www.miami-airport.com
May 3, 2007
miamidade.gov
RE: Preliminary Airspace and Land Use Analysis for Empire World Towers, located
at 330 Biscayne Boulevard, Miami, FL
Dear Mr. Lavernia:
The Miami -Dade Aviation Department (MDAD) is in receipt of the Large Scale
Development Submittal dated April 2007, for a land-use/airspace analysis and determination
letter for the above referenced project.
Airspace Review:
Our cursory review finds that an assumed 1061 ft. Above Mean Sea Level (AMSL) structure
height (at the parapet) for both towers does not conform to the Miami -Dade County Height
Zoning Ordinance. Furthermore, the submittal does not list the height of the tallest element
on the buildings which are the elevator override towers. The maximum height for this
location ranges between 680 and 710 ft. AMSL.
Onde the developer has reduced the building heights, please re -submit to us with GPS
codrdinates in NAD 83 indicating latitude and longitude in degrees, minutes and seconds
(with at least two decimal places accuracy in the "seconds" number) for a more detailed
evaluation. At that time we will require payment of the applicable fees for our technical
review of the development proposal for compliance with the Miami -Dade County Height
Zoning Ordinance and Federal Aviation Administration requirements.
Before proceeding with design, any proposed construction at this location exceeding 200 ft.
AMSL must be filed with the FAA using FAA Form 7460-1, Notice of Proposed
Construction or Alteration. The form is available through this office or through the FAA
website: https:I/oeaaa.faa.gov. This form should be mailed to: Federal Aviation
Administration, Air Traffic Airspace Branch - ASW-520, 2601 Meacham Blvd, Ft. Worth,
TX 76137-0520. Alternatively, the construction contractor may "e-file" online at
https://oeaaa.faa.gov
Mr. Roberto Lavernia
May 3, 2007
Page 2
Similarly any construction cranes for this project exceeding 200 ft AMSL must be filed by
the construction contractor using the same form and procedures listed above.
The airspace review process is governed by twb different regulations: the Miami -Dade
County Height Zoning Ordinances and Federal Regulation Title 14 Part 77. The FAA has its
own airspace evaluation requirements, and issues airspace determinations for structures and
cranes based on the particular facts then presented before the FAA. The County's
Department of Planning a; id Zoning (P&Z) or the applicable municipal building official
determines whether the County's zoning requirements and height limitations are met,
and FAA determines whether FAA building, marking and height requirements are met.
This determination is based, in part, on the description provided to us by you, which includes
specific building locations al.nd 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.
Land Use Review:
Based on the available infdrmation, MDAD has determined that the referenced property is
located outside of any land use restrictive zones as depicted in the Height and Land Use
Zoning Ordinance for Miami International Airport 004-203).
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.
R
Jo os, R.A.
C ief •f Aviation Planning Section
JRJah/er
cc: S. Harman
Subrata Basu, Departirient of Planning and Zoning
Al Torres, Department of Planning and Zoning
Maria T. Fojo, Department of Planning and Zoning
Ana Gelabert-Sanchez, City of Miami
Lourdes Slazyk, City of Miami
Antonio E. Perez, City of Miami
Earl NewaIu, FAA
File Airspace
City of Miami
Legislation
PAB Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00513mu 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 EMPIRE WORLD TOWERS PROJECT, TO BE LOCATED AT
APPROXIMATELY 300 AND 330 BISCAYNE BOULEVARD, 227, 237, 243, 249
NORTHEAST 3RD STREET AND 230, 249 NORTHEAST 4TH STREET, MIAMI,
FLORIDA, TO CONSTRUCT A MIXED USE PROJECT WITH TWO 93 STORY
HIGH STRUCTURES OF APPROXIMATELY 1,022 FEET, TO BE COMPRISED OF
APPROXIMATELY 1,557 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH
RECREATIONAL AMENITIES; APPROXIMATELY 3,317 SQUARE FEET OF
OFFICE SPACE; APPROXIMATELY 24,741 SQUARE FEET OF RETAIL SPACE;
AND APPROXIMATELY 1,321 TOTAL PARKING SPACES; MAKING FINDINGS OF
FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING
EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 300 and 330 Biscayne Boulevard, 227, 237, 243, 249
NE 3rd Street and 230, 249 NE 4th Street
APPLICANT(S): N. Patrick Range, III, Esquire, on behalf of Empire World Towers,
LLC
FINDINGS:
PLANNING DEPARTMENT: On November 7, 2007 PAB meeting, this item was
continued by Administration to December 5th, 2007, in order for the applicant to
provide additional information that has not been provided. Recommendation for
continuance to January 16, 2008
PURPOSE: This will allow the development of the Empire World Towers project.
WHEREAS, on April 9, 2007, N. Patrick Range, on behalf of Empire World Towers, LLC (referred
to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for Empire
World Towers (referred to as "PROJECT") pursuant to Articles 13 and 17 of Zoning Ordinance No.
11000, for the properties located at approximately 100 South Biscayne Boulevard, 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 May 9, 2007 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on June 20, 2007, and consider the
City of Miami
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File Number: 07-00513mu
proposed project and recommended APPROVAL with recommendations; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on January 16, 2008 Item
No. 2, 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
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 300 and 330
Biscayne Boulevard, 227, 237, 243, 249 Northeast 3rd Street and 230, 249 Northeast 4th Street,
Miami, Florida, more particularly described on "Exhibit A", attached and incorporated.
Section 3. The PROJECT is approved for the construction of a mixed use project with two 93 story
high structures of approximately 1,022 feet, to be comprised of approximately 1,557 total multifamily
residential units with recreational amenities; approximately 3,317 square feet of office space;
approximately 24,741 square feet of retail space; and approximately 1,321 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 CBD (Central Business 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
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
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File Number: 07-00513mu
landscape ordinances;
(2) Respond to the neighborhood Yes No
context;
(3) Create a transition in bulk Yes No
and scale;
(4) Use architectural styles Yes Yes
and details (such as roof lines
and fenestration), colors and
materials derivative from
surrounding area;
(5) Articulate the building facade Yes No
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
III) Pedestrian Oriented Development:
(1) Promote pedestrian Yes Yes
interaction;
(2) Design facades that Yes No
respond primarily to the
human scale;
(3) Provide active, not blank Yes Yes
facades. Where blank walls
are unavoidable, they should
receive design treatment.
IV) Streetscape and Open Space:
(1) Provide usable open space Yes Yes
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant Yes *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 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 N/A
as district buffer.
VI) Screening:
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File Number: 07-00513mu
(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 No
structures with program uses.
Where program uses are not
feasible soften the garage
structure with trellises,
landscaping, and/or other
suitable design element.
VII) Signage and Lighting:
(1) Design signage appropriate Yes ** N/A
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 Yes N/A
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File Number: 07-00513mu
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform Yes N/A
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
*Compliance is subject to conditions.
** 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 $1,004,228,000 and to employ approximately
8,628 workers during construction (FTE-Full Time Employees); The project will also result in the
creation of approximately 2,967 permanent new jobs (FTE) for building operations and will generate
approximately $8,822,895 annually in tax revenues to the City (2007 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 April 6, 2007,
and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally
for administrative interpretations and is incorporated by reference.
Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of this
Resolution and attachment to the APPLICANT.
Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as
described in the Development Order for the PROJECT, incorporated within.
Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and
issued.
Section 11. In the event that any portion or section of this Resolution or the Development Order
is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction ,
such decision shall in no manner affect the remaining portions of this Resolution or Development
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File Number: 07-00513mu
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.
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 Empire World Towers project, (hereinafter referred to as the "PROJECT") to be located at
approximately 300 and 330 Biscayne Boulevard, 227, 237, 243, 249 Northeast 3rd Street and 230, 249
Northeast 4th 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 300 and 330
Biscayne Boulevard, 227, 237, 243, 249 Northeast 3rd Street and 230, 249 Northeast 4th Street,
Miami, Florida. The PROJECT is located on a gross lot area of approximately 2.66± acres and a net
lot area of approximately 2.33± 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 1,022 feet and 0 inches in height with
93 stories; to comprise of approximately 1,557 total multifamily residential units with recreational
amenities; approximately 3,317 square feet of office space; approximately 24,741 square feet of retail
space; and approximately 1,321 total parking spaces
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 (1), to allow
non-residential uses involving in excess of two hundred thousand (200,000) square feet of floor
area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (7), for any single
use or combination of uses requiring or proposing to provide in excess of five hundred (500)
off-street parking spaces;
The Major Use Special Permit encompasses the following Special Permits and requests:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 620.3.1, to allow construction of any new
building in CBD-CENTRAL BUSINESS DISTRICT COMMERCIAL;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Off -Street Parking Guide and
Standard, to allow of required parking backup distance from 23'-0" to 21'-3" on certain locations @
levels 10-12, and from 23'-0" to 22'-2" at basement.
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -Section 917.14, Sub -Section
917.14.1 Parking Lifts, Robotic and Mechanical parking systems, to allow a mechanical, robotic,
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File Number: 07-00513mu
automated or parking lifts;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Offstreet Parking Guides and
Standards, to allow a waiver of City of Miami Offstreet Parking Guides and Standards requirement
of one (1) additional foot on approximately 121 (9%) parking stall dimension where the side of
these stalls abuts a wall, column, fence, building, or other physical obstruction, to allow the
minimum stall width dimension of 8'-6" to be measured from the face of any obstruction to the
center line of the stall striping lines;
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 loading berth dimensions as follow:
Required: Five (5) 12 feet wide x 55 foot long x 15 feet high
Four (4) 12 feet wide x 35 foot long x 15 feet high
Proposed: Two (2) 12 feet wide x 55 foot long x 15 feet high
Five (5) 12 feet wide x 35 foot long x 15 feet high
Five (5) 10 feet wide x 20 foot long x 15 feet high
Five (5) 10 feet wide x 20 foot long x 10 feet high (basement)
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 II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -section 917.1, Parking
maneuvering on public streets or sidewalks prohibited; backing into alley by Class II Special
Permit; exceptions, to allow maneuvering of loading trucks on public street (N.E. 3rd Street);
CLASS I SPECIAL PERMIT, as per ARTICLE 9. Section 906. Sub -Section 906.9. Temporary
special events; special permits; criteria, to allow temporary carnival, festival, fair or similar type
event on privately owned or City -owned land such as a ground breaking ceremony;
CLASS I SPECIAL PERMIT as per ARTICLE 9. Section 916. Sub -Section 916.2.1. Temporary
special event parking, to allow parking for temporary special event such as groundbreaking
ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9. Section 918. Sub -Section 918.2. Temporary
off-street offsite parking for construction crews, criteria, to allow temporary off-street offsite
parking, for construction crews working on a residential project under construction, within CBD or
more permissive zoning district;
CLASS I SPECIAL PERMIT, as per ARTICLE 9. Section 920. Sub -Section 920.1.2. Limitations on
occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes,
when authorized for security or other purposes in connection with land development such as
construction trailer(s) and other temporary construction offices such as watchman's quarters,
leasing and sales centers.
CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.5, Sub -Section 10.5.4.5,
CBD-CENTRAL BUSINESS DISTRICT COMMERCIAL, Temporary Signs (3), to allow temporary
development sign;
REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a)
permitting the operation of construction equipment exceeding the sound level of a reading of 0.79
weighted average dBA at any time and/or day subject to the City Manager Exception pursuant to
Section 36-6 (c) and all the applicable criteria;
Request for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required
at the time of issuance of Shell Permit instead of 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
City of Miami Page 7 of 10 Printed On: 1/9/2008
File Number: 07-00513mu
and facilities will be by the 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 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 KOBI KARP ARCHITECTURE AND INTERIOR DESIGN, INC., dated April 2, 2007;
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; and
The PROJECT conforms to the requirements of the proposed CBD (Central Business 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
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
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
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File Number: 07-00513mu
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 applicant shall
meet the following conditions: (a) The project must comply with height regulations of the Miami -Dade
Aviation Department (MDAD), prior to the issuance of the building permit; (b) Provide a clearance
letter for the project from the Federal Emergency Management Agency (FEMA) regulations, with an
specific reference of compliance their height and other regulations; (c) Adjust the project to internalize
the maneuvering within the garage and avoid loading vehicles to reverse to or from the public right of
way; (d) The applicant shall engage Burle Marx group and continuing their pattern along N .E. 3rd
Street.
12) Pursuant to comments by the City of Miami Public Works Department, the applicant shall
meet the following conditions: (a) N.E. 3 Street: Replace all damaged sidewalks, cub and gutter
adjacent to the project site, (b) N.E. 4 Street: Replace all damaged sidewalks, cub and gutter adjacent
to the project site, (c) Biscayne Boulevard: Coordinate the replacement of all damaged sidewalks, cub
and gutter adjacent to the project with the Florida Department of Transportation. The decorative
pavers on Biscayne Boulevard are part of an adopted streetscape plan by the City and the color and
pattern of the pavers hall conform to the existing conditions. The Public Work Department
recommends that the contractor prepare a video record of the side walk treatment prior to beginning
construction of the project. In addition, pavement restoration for all water and sewer extensions ,
existing damaged pavement and 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
excavation and/or damaged pavement area. A thorough cleaning of all stormwater drainage inlets and
storm sewer pipes adjacent to the building 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.
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 appel 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
City of Miami Page 9 of 10 Printed On: 1/9/2008
File Number: 07-00513mu
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. FERNANDEZCITY ATTORNEY
Footnotes:
{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 10 of 10 Printed On: 1/9/2008
Exhibit "A"
LEGAL DESCRIPTION
PARCEL 1:
Lots 5, 6, 7 and 16, Block 83, North, CITY OF MIAMI, according to the Plat
thereof recorded in Plat Book "B", Page(s) 41, of the Public Records of Miami -
Dade County, Florida.
PARCEL 2:
Lots 14, 15 and 20, Block 83, North, CITY OF MIAMI, according to the Plat
thereof recorded in Plat Book "B", Page(s) 41, of the Public Records of Miami -
Dade County, Florida.
PARCEL 3:
Lots 17, 18, 19 and 21, Block 83, North, CITY OF MIAMI, according to the
Plat thereof recorded in Plat Book "B", Page(s) 41, of the .Public Records of
Miami -Dade County, Florida. (collectively, the "Property")
SITE PLAN INFORMATION
ZONING DESIGNATION;
FLOOD ZONE
NET LOT AREA
GROSS LOT AREA
TYPE OF OCCUPANCY:
FLOOR AREA RATIO
"Exhibit B"
Project Data Sheet
MAXIMUM DENSITY
1w00 x NET ACRE (2833 ACRES) 1'
CBO - CENTRAL BUSINESS DISTRICT
AEANOX
2.033 ACRES (88,592.5 S.F.)
2.6589 ACRES (115,567.83 S.F.)
COMMERCIAL! RESIDENTIAL
UNLIMITED
BUILDING SETBACKS
NORTH: NE 4TH STREET
INTERIOR SIDE
SOUTH; NE 4TH STREET
EAST: BISCAYNE BLVD
INTERIOR S�,DE
WEST: INTERIOR SIDE (Metro Rail Station) o.0•
REQUIRED PROVIDED
For Open Space & Residential Recreation Space brealldown see Street A.011
PARKING DATA
PARI(N4G REQUIRED:
RESIOENTUL
COMMERCIAL
AMEMTY AREAS
TOTAI.
SPACES REQUIRED
PER UNIT
1,000 S.F.' , SPACE
1,000 S.F.' 1 SPACE
e of RES10. S.F. OF
UN173 COMAERCIAUAMENRY
t557
24,741
92,533
• PROVIDED
. 1557 UNITS
P VIDEO
1.610'•0' ABOVE GRADE
(AT HIGHEST ROOF PAOJECTIONI
93 STORIES
{ FRONDED
14,252.59 S.F.
92,533.19 S.F.
TOTAL 710E
SPACES REQUIRED
1557
25
93
1675
SQUARE FObTAGES A/C . _ 2T-Men-07
BUILDING AI _ Residential ' Retail S.F. Building
FLOOR Resldendal5-F. Lobbies - Amenities S.F. , Commercial S.F.' Offices E1evJStairs!ServieesI Corridors ' #of Floors TOTAL S.F.
Leve10 0 16,413 0 727 �. l.945 1 19,08$.
.Level 1 - 0 T,841 _ 0 • 1,596 1,683 2.580 i 1.433 1 161413
Level_ 0 0 5,140 81i 3,208 i 1,169
Lete13 ---. 0 0 - 0 , 156 2,591 1 2,747
Level d 10,419 4,507 • _ 2,264 j.-_1,973 1„ 19,163
2,447 1,973 5 96,985359
10.470 4 607 0 .,
Lemel3.0
34,551
--- --- 32,673 ! 0 1,382 1,965 1 36,000
. ewl14 12389 •1,611 + _ - 1.31i5-.-L 1.364 - ---1- _-16.729 _....
Levelly{meth} 0 - 6,096 i 0 0,552 i 1.307 1 1%955 _
Lew!16.37 13,824 0 0 { 1,532 _ I 1,307 - 22- 366,560.
Level38(mech) - `• 0 - 0 I 0 : 16,181 '- 2,045 1 18,428
'Lore! 39-62 14,502 0 0 1,436 558 •- 24 395,904
Level33-(medh) 0 0 • 0 16.361 2,045 • 1 18,426
Leeek 64.83----^I- 14,540 0 0 1,438 -� 520 20� 328,120
'Letiek84,B8,6B_90.-._.._._.._..._: _14.540��--- 0 --� 0 1,436 f 520 4 65A84
•
_Levet1:85_87_89,91 _..---._..._-_ 10,696.------..-._� - _._�......-D----.-.� ......:---0 96 I 0 4 • 43A66
Level92 0
Level13 0
0
BUILDING HEIGHT
TOWER I(9 (MAIN ROOF)
OPEN SPACE
1- AS PER SECTioN 907.2: 10% O.L.A.
5'-0•
0,_0.
5'-0"
5'•0'
2- RESJDENFU1L RECREATION SPACE:
1 S.F. FOR EACH 50 S.F. GF FAR OVER 50.000 S.F.
ALLOWED
2033 UN1T5
ALLOWED
UNLIMITED Wr FA RESTRICTIONS
REQUIRED
115,867.83 % 10%' 11,58683 3.F.
2,421,860. 50,000' 2,341,660 X 50%' 47,433 S.F.
Residential ' Reba S.F. . Building
Amenities S.F. i Commercial B.F.. Offices Ekvlbtalrs/Selvkes Corridors _ : 8 of Floors - TOTAL S.F. '.
3,841 I 0 -F- 12,650 ` -
2,672 •1 19,163
O - 6,023 0 - H 265 i 1,654 s 10,187 2,397 1 2D,628
i 18,128 ' 961 3,032 1 211,122
0
0
0 298 366 1 664
4 - .--j-._..._3,031 .. �._ _-q- --- 0 r-- 1.414 { 641 -I-
-Level �..
-Leel5.9 • 4028 0 0 `. 1,259 541
Leve110-12 ' I.._.__...;.._._...4,026 - 0 ! 0 1,256 424
L 113 0 34 576 0 ,- 1,046 378
Level 14 .....
Residential S.F.: Lobbies
0
Level 39-62 - .--I----14502 - --=------0 0_-..----�_ 1,436
•Levsl63-(mec( ---_- --,-- 0_�.._.: _;-- 0 ._..__a --_ -= ... 14,581
LeveLl84: 83 k. ... 14,540 0 0 - .T _. 1,436
Level! 84, 88, 86, 90 14,540 ... 0 0 1,436
Levels 85, 87, 8_, 9L i 10,896 - • 0 0 96 0 I- a 43,166
""i4,591 2,364 I. _-.1____..__.16,956____.__!
.Level ________• - -- # - 0 ---.�__.- _ .._. 0P-,_..,._
TOTAL BUILDING 13; 93 - 1A17,499 SF •
f 16,394 -I
TOTAL SQUARE FOOTAGE IN PROJECT (AlCj ...__ 'GROSS BUILDING AREA 2,940 826 SF
•
SQUARE FObTAGES A/C
BUILDING
FLOOR
•Le+el0 •
Level
Le�e12 •
Level3 •
-- 16,361 !2,045 -�- 1 16426
0 _'
TOTAL BUILDING A 93 11 523,327 3F 7.
._. _._.._8_34r.---- - ... .''
$SU
29130
17116
13 958 T 0 -1 0 1 040 352 1 15,348
L
Levelly{mach} 1_� 0 r 6098 0 6,485 __2374. 1_16,955 --
Leeve116.37
-. I 13.624 0 . 1,349 770 22 350744
_�
-Level 6 (meth) 0 0 0 14,591 2,364 ' 1 1%955
558 24 316,904. _
520 i W 20..._._ - 326,120
520 4 65,984
E4A,RJ LCULATIQN
'TOTAL F.A.R. IN BUILDING A
TOTAL F,A.R. IN BUILDING B
TOTAL F.A.R. IN PROTECT-1.--
For F.A,R. breakdown see Sheet A.010
LOADING SPACES (TYPE II) AS PER ARTICLE 4-C80 REQUIRED :
For fiat 500,000 SF; (4) 12 x 35'
2,421,660 SF: (5) I2N 55'
1,239,235 :SF
• 1,182,425 5F
2,421,660 SF i
SPACES PROV10E0
{5) 10' x 20' * fret level & (5) 10' x 20'422 Basement level
{5) 12' x 35 @ list level
(2) 12 x 55' ® fret level
•
CITY OF MI." -:MI
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