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HomeMy WebLinkAboutBooklet Exhibit C• • PLANNING FACT SHEET APPLICANT HEARING DATE REQUESTlLOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION PZ.1 Lucia A. Dougherty, on behalf of Kubik, LLC; Biscayne Premier investments, Inc and Marks Classics Corp April 7, 2004 Consideration of a Major Use Special Permitfor ratee Kubik at Momingside Project located at approximately 5600-5780 Biscayne Boulevard. See supporting documentation. Consideration of a resolution approving with conditions a Major Use Special Permit pursuant to Articles 5, 13, and 17 of Zoning Ordinance No. 11000, as amended, for the Kubik at Momingside Project, to be located at approximately 5600-5780 Biscayne Boulevard, Miami, Florida, to be proposed as two 14-story buildings with two design options with the "Alternative A" option comprised of 293 multifamily residential units, 41,745 square feet of retail/restaurant space, and approximately 422 total parking spaces; or the "Alternative B• option which is comprised of 293 multifamily residential units, 33,046 square feet of retail/restaurant space, and approximately 362 total parking spaces. Approval with conditions. See supporting documentation. Recommended denial to City Commission on December with 17, 2003 by a vote of 4-2. Recommended approval conditions of the substantial modification to City Commission on April 7, 2004 by a vote of 5-4. April 22, 2004 APPLICATIONNUMBER NW _..._.2004-025 CITY OF MIAMI • PLANNING AND ZONING 444 SW 2t AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 !tern # 3 DEPARTMENT PHONE (305) 416-1400 bate: 4/13/2004 1 Page 1 • • • Analysis for Substantial Modification to a Major Use Special Permit Application for the Kubik at Morningside Project located at approximately 5600-5780 Biscayne Boulevard CASE NO. 2004-025 Consideration of a Resolution approving with conditions Articles 5, 13, andal f Zoning Modification Major Use Special Permit application pursuant Ordi- nance No. 11000, as amended, for the Kubik at Morningside Project located at approxi- Miami, Florida, to be proposed as two 14-story mately 5600-57$0 Biscayne Boulevard, tiara comprised of 293- multifamily buildings with two design options with the primary option residential units, 41,745 square feet of retail/restaurant space,dapproximately 422 of 293 multifamily el parking spaces; or the "Alternative" option whichcomprised resi- dential units, 33,046 square feet of retail/restaurant space, and approximately 362 total parking spaces. This Permit also includes the following requests: SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT application, per Article 17, Section 1701, and Article 22 of City of Miami Zoning Ordinance 11000, as amended, to allowc chanberge in the )previously reviewed application (Planning Advisory Board of De MUSP, as per Article 17 for development PUD district3 s; tincreaseal ;the floor area by MUSP, as per Article 5, Section twenty percent (20%), 55,735.09 square feet; CLASS II, as per Article 6, Section 609.3.1, for a construction fence within the SD-9 overlay district; CLASS 11, as per Article 6, Section 609.3.1, for development of new construction within the SD-9 overlay district; P off -site parking 1I, as per Article 9, Section 927, to allow temporaryP g during construction; CLASS II, as per Article 9, Section 906.7.3, to permit a restaurant as an accessory convenience establishment; CLASS II, as per resolution number 12331, to allow parking lifts located within a garage structure. CLASS 1I, as per Article 9, Section 908.2, for access from a public street roadway width greater than twenty- five feet. Section 925.3.8, to allow CLASS 1, as per Article 9, development/construction/rental signage. CLASS I, as per Article 9, Section 918.2, for parking and staging of constriction during construction, CLASS I, as per Article 9, Section 918.2, for parking and staging of offsite parking for construction crews. Page 1 of 6 CLASS I, as per Article 9. Section 906.6. for active recreational facilities (including swimming pools). CLASS I, as per Section 915.2 for FAA clearance letter_ CLASS I, as per Article 9, Section 917.12, to allow valet parking for commercial and residential use. CLASS I, as per Article 9, Section 920.1, to allow a construction trailer and watchman's quarters. CLASS I, as per Article 9, Section 920.1, to allow a trailer for construction and other temporary office uses such as leasing and sales. CLASS I, as per Article 9, Section 906.9, to allow for a special event namely a ground breaking ceremony. SPECIAL EXCEPTION, as per City of Miami Zoning Ordinance 11000 as amended, Article 9, Section 917.7.1, reduction in parking requirements for combination of commercial and office uses on the same premises. REQUEST that the following MUSP conditions be required at the time of Temporary Certificate of Occupancy or Final Certificate of Occupancy instead of at the issuance of foundation permit: a. the requirement to record in the Public Records 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; and b. the requirement to record in the Public Records a unity of title or covenant in lieu of unity of title. Pursuant to Article 13 of Zoning Ordinance 11000, approval of the requested a Substantial Modification to a Major Use Special Permit application shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. In determining the appropriateness of the proposed project, the Planning and Zoning Department has referred this project to the Large Scale Development Committee (LSDC), the Urban Development Review Board (UDRB) and the Planning & Zoning's 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 new housing opportunities in the Upper East Side NET District, on Biscayne Boulevard. • It is found that the subject property is located in C-1 (Restricted Commercial District) and 0 (Office) Zoning District with an SD-9 (Biscayne Boulevard North Overlay District) in the Bayshore Unit No. 4 Subdivision. • • Page 2 of 6 • • It is found that the project has convenient access to the Metro Mover system, with connections to the Metrorail Station, located 2 '/2 miles (Omni s Outer -Loop) south of the subject property, for efficient use of existing mass transit system • It is found that the project was reviewed by the Large Scale Development Committee on October 1, 2003 and has been modified to address the expressed technical concerns raised at said Large Scale Development Committee meeting; • It is found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board on October 15, 2003, which recommended approval with the following conditions: remove shrubs by following the FDOT plan; relocate all vehicular driveways to N.E. 4th Court; reduce the driveway to the minimum allowable standards of 20'-24'; reduce the amount of driveways and configure the circulation within the building site; provide a continuous canopy of shade trees along the edge of curb; see the latest FDOT construction plans for the "Biscayne Boulevard Improvement Plan" regarding landscaping. The Planning and Zoning Department's review resulted in design modifications which were then recommended for approval with conditions to the Planning and Zoning Director. • It is found that the project as originally proposed (two l6-story buildings consisting of 293 multifamily residential units, 4,106 square feet of quality restaurant, 35,350 square feet of specialty retail, approximately 452 total parking spaces, with the southern building cantilevered over the existing OQ3, whi h reAndiano Pizzacoulmmng) was heard ended that the by the Planning Advisory Board on December applicant make revisions to its site plan.The to the Board. en modified the proposal and requested a modification in order to retu • It is found that the applicant has submitted two revised proposals for the Kubik project. The "Primary" option is comprised of 293 multifamily residential units. 41,745 square feet of retail/restaurant space, and approximately 422 total parking spaces. • It is found that the "Alternative" option is comprised of 293 multifamily residential units, 33,046 square feet of retail/restaurant space, and approximately 362 total parking spaces. • It is found that in both options, the height of the proposed project has been decreased by two stories (from 16 to 14); and decreased by 13' 4" (from the original 163 feet to 149'-1l"). • It is found that in both options, that the design of the south building being cantilevered over the existing Andiano Pizza building has been eliminated. • It is found that both new proposals generatefewer trips; the Primary generating 204 trips; and the Alternative generating 160 trips); this is a reduction of the original proposal which generated 234 trips; therefore, as modified, the project will have less of an adverse effect on the mobility system of the surrounding area. i Page 3 of 6 • It is found that access to the site will only be provided off of NE 4th Court in response to neighborhood concerns. • It is found that the revised Traffic Impact Study has been reviewed (January 22, 2004) by URS Corp., the City's Transportation Consultant, and that the concerns raised during in the original review regarding signal timing have been adequately addressed. Potential problems with site access, circulation, and insufficient parking, however, remain a concern. • It is found that the requested PUD approval represents a bonus increase in Floor Area Ratio; this bonus, in conjunction with the fact that this is a very large site, has a cu- mulative effect of allowing an extremely large amount of potential development on this site. In a recent study of the Biscayne Boulevard corridor, recommendations were made that limitations be placed on height of development; the requested bonus results in a potentially taller structure that does not contextually fit on this specific property. Therefore, it is found that with respect to these recommendations, the subject proposal should be modified to eliminate the requested PUD bonus. The reduction will result in a more compatible amount of development capacity on the subject property. • It is found that since the completion of the recent Biscayne Boulevard corridor study, concern has arisen over the potential negative effect of building height immediately adjacent to Biscayne Boulevard; the subject proposal should be modified with respect to height in order to produce a project that is more in character with the context of Biscayne Boulevard as it relates to height. • It is found that with respect to all additional criteria as specified in Section 1305 of Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate; subject to compliance with the conditions in the Development Order; failure to comply with these conditions will result in a proposal that does not comply with the criteria of Sec. 1305 and should not be approved. 4 Based on these findings, the Planning and Zoning 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 Department of Planning and Zoning, 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 Director of the Department of Planning and Zoning why such recommendations are impractical. so • » Page 4 of 6 5 • • 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. Pursuant to the Department of Public Works, replatting shall be required; the Applicant shall also provide Public Works with plans, for the proposed closure of "reserved" easements located throughout the property, for its review and approval prior to the issuance of a building permit. 7. Prior to the issuance of a shell permit, provide the City with an executed, recordable unity of title agreement 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 Department of Planning and Zoning 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 Department of Planning and Zoning 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 de- veloped or provided, the applicant shall provide the Department of Planning and Zoning with all subordinate Class 1 Special Permit plans and detailed require- ments for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order or captioned in the plans approved by it. Page 5 of 6 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 oc- cupying future phases of this Project in the event that the future phases are not de- veloped, said plan shall include a proposed timetable and shall be subject to re- view and approval by the Director of Planning and Zoning. 11. Pursuant to the UDRB's and the Planning and Zoning Department's reviews, the applicant shall remove shrubs by following the FDOT plan; relocate all vehicular driveways to N.E. 4th Court; reduce the driveway to the minimum allowable stan- dards of 20'-24'; reduce the amount of driveways and configure the circulation within the building site; provide a continuous canopy of shade trees along the edge of curb; see the latest FDOT construction plans for the "Biscayne Boulevard Improvement Plan" regarding landscaping. 12. The applicant shall modify the plans on file, as submitted for the proposed project to eliminate any Floor Area Ratio bonuses requested pursuant to Article 5 of the Zoning Ordinance for a Planned Unit Development. 13. The applicant shall continue to work with the Planning and Zoning Department to reduce the proposed building height along Biscayne Boulevard; such modifica- tions shall be subject to the final review and approval of the Planning and Zoning Director. • • Page 6 of 6 7 200 400 I 1 ! 800 Feet ► 1 a rn m x G NE 7TH AV I{ NE 36TH ST ,l 1 1lk I11 1 NE 53RST 1 4 I l ir lt .1 NE 52NP tE r Ij 1 \ E I f ¥ l I 1 1 1_1 ; il Address: 5600-5780 BISCAYNE BLVD • • • 9 to • • • I • RESOLUTION PAB - 33-04 A RESOLUTION OF THE PLANNING ADVISORY BOARD RECOMMENDING APPROVAL WITH CONDITIONS OF THE PROJECT WITH A PREFERENCE FOR THE ALTERNATIVE "A" OPTION OF A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13, AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE KUBIK AT MORNINGSIDE PROJECT LOCATED AT APPROXIMATELY 5600-5780 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO BE PROPOSED AS 14-STORY BUILDING(S) COMPRISED OF 41,745 SQUARE FEET OF RETAIL AND APPROXIMATELY 422 TOTAL PARKING SPACES A33,046 SQUAREIVE FEET OF OR 293 MULTIFAMILY RESIDENTIAL RETAILIRESTAURANT SPACE, AND APPROXIMATELY 362 TOTAL PARKING SPACES (ALTERNATIVE "B"), SUBJECT TO THE REMOVAL OF CONDITIONS 12 AND 13 FROM THE PRIOR DEVELOPMENT ORDER, COMMISSION ELEVATIONS BE SUBMITTED HEARING. HEARING DATE: April 7, 2004 ITEM NO.: 3 VOTE: 5-4 ATTEST: 1-7 /41 / Asa elabert-Sa ._ , D + or Planning and Zoning Department RESOLUTION PAB - 94-03 A RESOLUTION OF THE PLANNING ADVISORY BOARD RECOMMENDING DENIAL OF A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13, AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE KUBIK AT MORNINGSIDE PROJECT LOCATED AT APPROXIMATELY 5600-5780 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO BE COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 3,424 SQUARE FEET OF RETAIL SPACE, 4,106 FOR RESTAURANT SPACE, AND APPROXIMATELY 375 TOTAL PARKING SPACES. HEARING DATE: December 17, 2003 ITEM NO.: 7 VOTE: 4-2 ATTEST: Ana j.:ert- x hez, Director Pia • i • and oning Department � 6HttNNtN6 • • L cia A Doug'}' (305) 574-0603 Daoct Fax (305) 961-5603 E-Mail: dou;hertyi®1tlaw.wm • A T T 0$ R. R T! AT L A t February 10, 2004 HAND DELIVERY Ms. Ana Gelabert-Sanchez Director, City of Miami Planning Department 444 S.W. 2nd Avenue Third Floor Miami, FL 33130 Re: Kubik at Momingside MUSP Dear Ana: On behalf of the owner, Kubik, LLC and Biscayne Premier Investments, Inc we are requesting approval of the plans which provide for a new architectural design for the pending Major Use Special eaFd The plans that have been submitted Permit for the property located at 5600- 5780 Biscayne call for two alternative designs. One such plan also includes additional land area. We have the two proposed c losed with the plans a comparison chart between the original MUSP submittal and plans. We are requesting that you forward this request to Mr. Francisco Garcia for his review as the Zoning Administrator, so that he can confirm the substantial n ach 3i �Q04 and the yf Commission March led MUSP. We would like this to be heard at the Planning Advisory Board 25. 2004 for approval of the revised plans. Thank you very much for your attention to this matter and please call the at (305) 579-0603 if you have any questions. Very truly yours, Lucia A. t5ougherty cc: Mr. Francisco Garcia Ms. Lourdes Slayk Ms. Teresita Fernandez Mr. Camilo Lega Lucia A. Dougherty, Esq. GRRRRR;RC RAURIG,P.A. 1221 BRICKILI. AvZNUR MIAY1, FLORIDA 33131 - 305-519-0500 FAX 305-579-0717 www-1tlaw.com RnernN i:RirAcO Mural FORT j,AUDILIDALR Los AROMAS M1Att1 Ns. Js1<scv Ns' YoRL o*LANNDO ATTORNEYS AT L A IC '1 Lucia A. Dougherty (305) 579-0603 E-Mail: doughectyi gtlaw.com November 7, 2003 Ms. Teresita Fernandez Clerk, Hearing Boards City of Miami 444 S.W. 2nd Avenue, 7th Floor Miami, FL 33130 Re: Letter of Intent for Kubik at Morningside MUSP Dear Teresita: On behalf of Kubik, LLC and Biscayne Premier Investments, Inc., we are submitting a Major Use Special Permit ("MUSP") application for approval of residential tower which consists of 293 units pursuant to Article 5 and Section 914 of the Zoning Ordinance. Should you have any questions, please call me at (305) 579-0603. Thank you very much for your attention to this matter. Very truly yours, Lucia A. Dougherty • • 15 GREENOERG TRAURIG, P.A. 1221 BRICKELL AVENUE MIAM1, FLORIDA 33131 305-579-0500 FAX 305-579-0717 www.gtlaw.com AMSTERDAM ATLANTA BOCA RATON BOSTON CHICAGO DENVER FORT LAUDERDALE LOS ANGELES MIAMI NET JERSEY NEW YORK ORLANDO PHILADELPHIA PHOENIX TALLAHASSEE TYSONS CORNER WASHINGTON. D.C. WEST PALM BEACH ZC'II,M1NCTON 7.iikiru • DEPARTMENT OF HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130' Telephone 305-416-2030 • Fax 305-416-2035 PUBLIC HEARING APPLICATION FOR A MAJOR USE SPECIAL PERMIT Welcome to Hearing Boards/ This application process is for your reference and review. It is intended to serve as a guide in acquainting you with our public hearing process. Following are a series of co ncems/requirements for you take into account. By any means, please feel free to contact the department, should you have any questions. CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON RECEIVESWHO COMPENSATION CACTIVITIES lO O REMUNERATION OR EXPENSES FOR CONDUCTING REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCEIS3S�00 IPANLE IN THE OFFICE AMERICAN DRIVE,MIAMF E CITY CLERK (MIAMI CITY HALL), LOCATED A FLORIDA, 33133. The responses to the attached application must be typed and the complete application must be signed in black ink. It will be accepted, along with pertinent documents, only the first seven days (1-7) of the month from 8:00 am u Pthe compietem. Please ©te applitcatiat on, cashier located on the 4th floor will close at 4:0pm; therefore reviewed plans and a paid receipt must be submitted. You will be responsible, if needed, too bring an interpreter for the English language to any presentation before city boards, committees and the city commission. Power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. An additional recordation cost for the resolution is $6,00 for the first page and $4.50 for additional pages. All fees are subject to change. Also, for City Commission resolutions, please contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it has a signature from the Planning and Zoning Department designee. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from the Zoning Division of the Planning and Zoning Department. 04,12/04 11:21 6REENBER6 TRR JR I G 4 3054162035 N0.973 P02 IT IS INTENDED THAT MAJOR USE SPECIAL PERMITS RE REQUIRED WHERE SPECIFIED USES ANDIOR OCCUPANCIES INVOLVE MATTERS DEEMED TO BE OF CITYWIDE OR AREA -WIDE IMPORTANCE. THE CITY COMMISSION SHALL BE SOLELY RESPONSIBLE FOR DETERMINATIONS ON APPLICATIONS FOR MAJOR USE SPECIAL PERMITS. (SEE ARTICLE 17 OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA.) THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND ZONING SHALL MAKE RECOMMENDATIONS ON ALL APPLICATIONS FOR MAJOR USE SPECIAL PERMITS AND FOR ANY AMENDMENTS THERETO AND SHALL TRANSMIT SAID APPLICATIONS AND RECQ _ ENDAT$ONS TO THE PLANNING ADVISORY BOARD FOR ITS RECOMMENDATIONS AND MAY MAKE R ERRALS TO OTHER AGENCIES, BODIES, OR OFFICERS FOR REVIEW, ANALYSIS. AND/OR TECHNIC%. FINDINGS AND DETERMINATIONS AND REPORTS THEREON. (SEE SECTION 1301.4 OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA.) FINAL APPROVAL OF THIS APPLICATION FOR MAJOR USE SPECAAI. PERMIT SHALL CONSIST OF AN EXECUTED RESOLUTION BY THE MIAMI CITY COMMISSION AND A DEVELOPMENT ORDER ATTACHED THERETO WHICH SPECIFIES THE CONDITIONS UNDER WHICH THIS MANOR USE SPECIAL PERMIT APPLICATION IS APPROVED. IF APPROVED BY THE CITY COMMISSION, SAID RESOLUTION AND DEVELOPMENT ORDER SHALL, UPON EXECUTION THEREOF, BE TRANSMITTED TO THE OWNER OR AUTHORIZED AGENT. I, Lucia A. Dougherty on bath f of Kubik,, LLC and Biscayne Premier Investments. Inc. and Mark's Classic's Corp. , hereby apply to the Director of the Planning and Zoning Department of the City of Miami for approval of a Major Use Special Permit under the provisos of Article 17 of the City of Miami Zoning Ordinance at the following location: 5600- 5780 Biscavne Bouiveard end 454 NE 58 Street 1. Two (2) original surveys prepared by a State of Florida registered land surveyor within six 8 months from the date of e 2. Two (2) 11xi r original plans and one (1) 24x36R original plan, signed and sealed by a State of Florida registered architect arengineer snowing property boundaries, existing (if any) and proposed structure(s), parking, ladscaping, etc.; building elevations and dimensions and corriputations of lot area and building spacing. 3. Plans need to be stamped by Hearing Boards first and then signed by Public Works on the 8th Floor, Zoning on the 4 Floor and Planning on the 311 Floor, prior to submittal of application. 4. An 8 l2 x I IV copy of the plans after signature from the above departments. 5. Affidavit and disclosure of ownership of subject property and disclosure of interest (see pages 5 and 6). 6. Certified list of owners of real estate within a 500 feet radius from the outside boundary of property (see pages 7 and 8). • • Rev. O9/15Ki3 2 7. At least two photographs that show the entire property (land and improvements). copy of the recorded warranty deed and tax forms of the most current present owner(s) and legal description of the property. copy of the subject property's legal • description on a separate sheet of • • 8. A clear and legible year that shows the 9. A clear and legible paper. 10. Maps showing the existing zoning designation and the adopted comprehensive plan designation for areas on and around the property. 11. General location map showing relation to the tresite or activity inand djoini g hstreets, esp�o ems, existing utilities, shopping areas, important P hYscal featu and the like. a) Site plan and relevant information per Section 1304.2.1 d-h in Zoning Ordinance 11000,12. Concept Plan: b) Relationships to surrounding existing and proposed uses and activities, systems andas amended. facilities, per Section 1702.2.2a in Zoning Ordinance 11000, as amended. les and c) How concept affects existing zoning and adopted comprehensive plan principles designations; tabulation of any required variances, special permits, changes of zoning or exemptions, per Section 1702.2.2b in Zoning Ordinance 11000, as amended. 13. Developmental Impact Study (an application for development approval for a Development of Regional Impact may substitute). 14. Twenty-five (25) "Major Use Special Permit' al of thirty-fiooks ve (35 books will ining the above nbe required. If this project requires Zoning Board approval, a 15. Is the property within the boundaries of a historic site, historic districtorarcheological rc a olog enrat zone designated pursuant to Chapter 23 of the Miami City Code? (ContactNo on Officer at the Planning and Zoning Department at 305-416-1400 for information.) 16. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) No 17. What is the acreage of the projectlproperty site? 3.72 18. What is the purpose of this application/nature of proposed use? Approval of a MUSP for a residential tower which consists of 293 units ursuant to Article 5 and Section 19, All documents, reports, studies, exhibits (8 1/2 x11 ") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 20. Other (specify and attach cover letter explaining why any document you are attaching is411110 pertinent to this application). 21. Cost of processing according to the City Code: a) $ 14,347.70 , for the Major Use Special Permit. b) Additional fee of $ -0- , for any required special permits, changes of zoning or variances. Surcharge $1,150.00 Mailing ($10.50 x 88 labels) $924,00 c) Total Fee: $ 16,448.40 Signature ✓ / Address 1221 Brickell Avenue Name Lucia A. Doug erty Telephone 305-579-0603 STATE OF FLORIDA COUNTY OF MIAMI-DADE Miami, Florida 33131 Date NIt ,GALIfitir. 1120(23 The foregoing instrument was acknowledged before me this Lf day of 111, 2Qy Lucia A. Dougherty individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. who is a(n) (Stamp) Signature F 1 OFFICIAL NOTARY sal. MARISOL R GONZALEZ NOTARY PUBLIC grAT ' OF FLORIDA COMMISSION NO. DD145882 MY COMMISSION EXP. SEPT 37 1U6 _ • • Rev. 013/15/03 4 IQ • • • ZONING FACT SHEET Case Number: 2003-0740 15-Dec-03 Location: Approximately 5600-5780 Biscayne Boulevard Legal: (Complete legal description on the with the Department of Hearing Boards) Applicant: Lucia A. Dougherty, Esquire on behalf Kubik, LLC; Biscayne Premier Investments, Inc and Mark's Classics Corp 1221 Brickell Avenue Miami, FL 33131 (305) 579-0500 Zoning: C-1 Restricted Commercial SD-9 Biscayne Boulevard North Overlay District Request: Special Exceptions as part of a Major Use Special Permit for the Kubik at Momingside Project, as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the n in City of Miami, Articombination of commercial9, 5a doofflce uses on then same pprem premises arking Band Article for com 9, Section 917.7.2, valet parking for restaurant use. Purpose: This will allow a multifamily residential structure with reduction in parking and valet parking for restaurant use. Recommendations: Planning & Zoning Dept.: Approval with conditions. Public Works: Reptatting is required. Plat and Street Committee: Replotting is required. Miami -Dade County NIA. Code Enforcement History: N/A. History: N/A. Analysis: See supporting documentation. Zoning Board Resolution: ZB 2003-0799 Zoning Board: Recommended approval to City Commission. City Commission: April 22, 2004 Vote: 9-0 Analysis for a Special Exception component of a MAJOR USE SPECIAL PERMIT for KUBIK Located at 5600-5780 Biscayne Boulevard CASE NO. 2003-0740 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for Kubik has been reviewed to allow the following Special Exception as a component of a Major Use Special Permit: • Special Exception per Article 9, Section 917.7.1, to allow a reduction in parking requirements for combination of commercial and office uses on the same premises. A_______ • Special Exception as per Article 9, Section 917.7.2, to allow valet parking for restaurant use. The requested Major Use Special Permit is for the purpose of allowing Kubik Project, a mixed -use development located in a SD-9 "Biscayne Boulevard North Overlay District consisting of a total of 293 residential units to be accommodated in two (2) towers along with a total of 2,922 sq. ft. of retail/restaurant area and 375 parking spaces for the property located at approximately at the above described addresses (see attached legal description, location maps and aerial photographs for exact property boundaries). Major Use SPECIAL PERMIT (MUSP), per Article 17 for development of 293 residential units. Major Use SPECIAL PERMIT (MUSP), per Article 5, Section 502, PUD districts; to increase the floor area by twenty (20) percent, 55, 735 sq. ft. Class II Special Permit as per Article 6, Section 609.3.1, for a construction fence within SD-9 overlay district. Class II Special Permit as per Article 6, Section 609.3.1, for development of new construction within SD-9 overlay district. Class II Special Permit as per Article 9, Section 927, to allow temporary offsite parking during construction. • • • • • Class II Special Permit, as per Article 9, Section 906.7.3, to permit a restaurant as an accessory convenient establishment. Class II Special Permit, as per Article 9, Section 908.2 for access from a public street roadway width greater than twenty-five (25) feet. Class II Special Permit, as per resolution no. 12331, to allow parking lifts located within garage structure. Class 1 Special Permit as per Article 9, Section 925.3.8, to allow development/construction/rental signage. Class 1 Special Permit as per Article 9, Section 918.2, for parking and staging for construction crew during construction. Class I Special Permit as per Article 9, Section 906.6, for active recreational facilities. Class I Special Permit as per Article 9, Section 915.2, for FAA clearance letters. Class I Special Permit as per Article 9, Section 917.1.2, to allow valet parking for commercial and residential use. Class I Special Permit as per Article 9, Section 920.1, to allow a construction trailer and watchman's quarters. Class I Special Permit as per Article 9, Section 920.1, to allow a trailer for construction and other temporary office uses such as leasing and sales. Class I Special Permit as per Article 9, Section 906.9 to allow for special event namely a groundbreaking ceremony. Designation as phased development pursuant to Section 2502 of Ordinance 11000. The following findings have been made: • It is found that the proposed residential development project will benefit the city by creating new housing opportunities for residents of the area as well as attracting new residents to the Upper Eastside area. • It is found that the subject of this Special Exception, for the reduction in parking requirements as part of a combination of commercial and office uses in the same premises, for the proposed project, is completely within the scope and character of the project given that it is mixed -use project to be located next to Biscayne Boulevard in the Upper Eastside area. • It is found that sufficient parking is provided to meet the foreseeable needs of the project. • It is found that the proposed layout provides adequate vehicular circulation. • It is found that the applicant has been working with the Planning Department in regards to the pedestrian circulation and proposed landscape; furthermore, paint color samples and building materials have not been provided to determine aesthetic impact. • It is found that the Urban Development Review Board (UDRB) has recommended approval of the proposed project at its public meetings held on October 15, 2003. • It is found that with respect to all additional criteria as specified in Section 1305 of Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate. Based on these findings, the Planning and Zoning Department is recommending approval of the requested Mixed -Use Residential Development Project with the following conditions: 1, The applicant shall present final design details on the facades, including color, signs, materials, site and landscape plans for review and approval by the Planning Director prior to the issuance of a building permit. 2. This approval shall be subject to all additional conditions specified in the final development order of the Major Use Special Permit for the project. • • '7z Miami Zoning Board Resolution No.: 2003-0799 Monday, December 15, 2003 Mr. Angel Urquiola offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING TARDRECOMMENDED APPROVAL TO THE CITY ET FORTH IN SECTION 1305 OF OMMISS ON OF DINANCE NO. 11000, THE ZONING BOA TE SPECIAL IDE PROJES AS CT, AS LISTED IN ORDINANCE NO. 11000, PERMITT OF A MAJOR USE SPECIAL 5 MENDED, THE AT MORNINGSIDE PROJE , ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.7.1, REDUCTION IN PARKING REQUIREMENTS ARTICLEB9,TIONSE OF 917.7.2,IIAL VA ET©OFFICE PARKINGUSES FOR ON THE SAME PREMISES RESTAURANT USE FOR THEPROPERTIES DESCRIBED BED AS EXHIBIT �"A" HEREBYLATTACHED), 5600-5780 BISCAYNE BOULEVARD, LEGALLY RECORDS OF MISCAYNE BOUDADE LEVARD NORTH OVERLAY DISTRICT.UNTY, FLORIDA-, ZONED C-1 THESE COMMERCIAL AND SD-9 BI SCAYNE EXCEPTIONS WERE GRANTEDPERMITMUSTTH A MUST TIME BE OBTAINED, SUBJECT TO UR MONTHS IN WHICH A BUILDING PLHCLL TIONS BY THE FINAL DES GN DETAILS ONING AND NTHEFACADES, INCLUDING APPLICANT SHALL PRESENTLANDSCAPE COLOR, PL N N G DIRRECTORITE AND PR ©R T© HE ISSUANCE OF A BUILDING A PERMIT AND 2) ND APPROVAL BY THE PLANNING D IN THIS FINAL APPROVALV LO L BE SUBJECT TO ALL MENT ORDER OF THE ADDITIONAL SPECIAL! PERMIT SPECIFIED THE THE FINAL DEVELOP PROJECT. Upon being seconded by Mr. Charles J. Flowers, the motion was passed and adopted by the following vote: Yes Null Yes Yes Yes Yes Yes Yes Yes Yes Mr. Charles J. Flowers Mr. Miguel Gabela Mr. Joseph H. Ganguzza Mr. Charles A. Garavaglia Ms. lleana Hernandez -Acosta Mr. Carlos Martell Mr. Juvenal A. Pina MT. Allan Shulman Mr. Angel Urquiola Mr. Georges William AYE: 9 NAY: 0 ABSTENTIONS: 0 NO VOTES: S ABSENT: 0 Ms. Fernandez: Motion carries 9-0 r Teresita L. Fernandez, Executive S retary Hearing Boards Exhibit "A" LEli,. DES*iPTOOlt Lots 1 through 15. Except Lot 11. and the South 12.5 feet of Lot 16. too, the Eaut 5 foot of, Lot 10. Block 15. occordtng to the plat thereof, es recorded le Piot Book 16 at Page 30. of. the Public Records of Mlorrd--Dods County. Florida. r LEGAL D65CRPTiM . !' Lot 11. Block 15. according to the plot thereof. as recorded in Plot Book 16 of Pogo 30. of the Public Records of Miarnt—Dada Cour+ty. Flom. Motion: Zoning Board Action for Special Exception t the request on agenda item # be (denied) ��. in that the requirements of Article 16 (were) (were not) ied by relevant evidence in the record of the pubiie hearing a) as stated in the City's finds or fact, or b) as demonstrated by the petitioner, or c) on the basis of the following: The Zoning Board, in its decision to (grant) (deny) the special exception, shall make written findings that the applicable requirements of this zoning Ordinance, Section 1305 (have) (have not) been met. Circle appropriate condition(s): 1305.1 Ingress and Egress Due consideration shall be given to adequacy of ingress and egress to the property and structure and uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire and emergency. Offstreet Parking and Loading Due consideration shall be given to offstreet parking and loading facilities as related to adjacent street, with particular reference to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency and screening and landscaping. 1305.3 Refuse and Service Ares Due consideration shall be given to the location, scale, design and screening of refuse and service areas to the manner in which refuse is to be stored and to the manner and timing of refuse collection and deliveries, shipments or other service activities, as such matters relate to the location and nature of uses on adjoining properties and to the location and character of adjoining public ways. 1305.4 Signs and Lighting Due consideration shall be given to the number, size, character, location and orientation of proposed signs and of proposed lighting for signs and premises, with particular reference to traffic safety, glare and com patibility _and . harmony with adjoining and nearby property and the character of the area. 210 1305, 5 Utilities Due consideration shall be given to utilities required, with particular .reference to availability., and capacity of systems, location of connections and potentially adverse. -appearance or other adverse effects on adjoining and nearby property and the character of the area. 1305.6 Drainage Due consideration shall be given for drainage, with particular reference to effect . on adjoining and nearby properties and on general drainage systems in the area. Where major drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of groundwater supply on the property, temporary retention with gradual discharge, or other remedial measures. 1305.7 Preservation of Natural Features Due consideration shall be given to provision for the preservation of existing vegetation and geological features whenever possible. 1305.8 Control of Potentially Adverse Effects Generally In addition to consideration of detailed elements indicated above, as appropriate to the particular class or kind of special permit and the circumstances of the particular case, due consideration shall be given to potentially adverse effects generally on adjoining and nearby properties, the area, the neighborhood or the City of use or occupancy as proposed, or its locations, construction, design, character, scale or manner of operation. Where such potentially adverse effects are found, consideration shall be given to special remedial measures appropriate in the particular circumstances of the case, including screening or buffering, landscaping, control of manner or hours of operation, alteration of use of such space, or such other measures as are required to assure that such potential adverse effects will be eliminated or minimized to the maximum extent reasonably feasible and that the use of occupancy will be compatible and harmonious with other development in the area to a degree which will avoid substantial depreciation of the value of nearby property. S61-7 Signature Print Name Agenda Item Date 12-6-D3 27 DEPARTMENT OF HEARING BOARDS 444 SW 2"d Avenue, 7th Floor • Miami, Florida 33130, Telephone 305-416-2030 • Fax 305-416-2035 PUBLIC HEARING APPLICATION FOR A SPECIAL EXCEPTION Welcome to Hearing Boards! This application process is for your reference and review. It is intended to serve as a guide in acquainting you ft our public hearingprocess. Following are a series of concerns/requirements for you account. By any means, please feel free to contact the department, should you have any questions. CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON HO RECEIVES LOBBYINGCAGTIV TSES IOTO REMUNERATION OR EXPENSES FOR CONDUCTING REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS,COMMITTEES IN THE OFFICE OF THE TY isCOMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. The responses to the attached application must be typed and the complete application must be signed in black ink. It will be accepted, along with pertinent documents, only the first seven days (1-7) of the month from 8:00 amu �ereforeP the completel 5:00 m. Please ote that appicatohn, e cashier located on the 4th floor Will close at 4:00pm; reviewed plans and a paid receipt must be submitted. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. Power of attorney will be required if neither applicantlegal counsel representing the applicant execute the or 9 application or desire to make a presentation before city boards, committees and the city commission. An additional recordation cost for the resolution is $6.00 for the first page and $4.50 for additional pages. All fees are subject to change. Also, for City Commission resolutions, please contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it has a signature from the Planning and Zoning Department designee. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from the Zoning Division of the Planning and Zoning Department. • Rwv_ (18115/03 7s� Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this Zoning Ordinance and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. it is further intended that the expertise and judgment of the Zoning Board. be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions (see Article 16 of the Zoning Ordinance). Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be solely responsible for determinations on applications for Special Exceptions except when otherwise provided for in the City Code. All applications shall be referred to the Director of the Planning and Zoning Department for his/her recommendations and the Director shall make any further referrals required by these regulations. Lucia A. Dougherty on behalf of Kubik, LLC and Biscayne Premier Investments, Inc , hereby apply to the City of Miami Zoning Board for approval of a special exception for the property located at 5600- 5780 Biscayne Boulveard , folio number 01-3128-038- 0380, 01-3128-038-0370, 01-3218-038-0360, 01-3218-038-0350, 01-3128-038-0390. 01-3218- 038-0340, 01-3218-038-0400, 01-3218-038-0330 and 01-3218-038-0320 1. Three (3) original surveys of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 2. Two (2) 11x17" original plans and one (1) 24x36" original plan, signed and sealed by a State of Florida registered architect or engineer showing property boundaries, existing (if any) and proposed structure(s), parking, landscaping, building elevations and dimensions and computations of lot area and building spacing, etc. 3. Plans need to be stamped by Hearing Boards first and then signed by Public Works on the 8th Floor, Zoning on. the 4 Floor and Planning on the 3`d Floor, prior to submittal of application. 4. An 8 1/2 x 11" copy of the plans after signature from the above departments. 5. Affidavit and disclosure of ownership of subject property and disclosure of interest (pages 4 and 5). 6. Certified list of owners of real estate within a 500-foot radius of the outside boundary of property covered by the application (pages 6 and 7). 7. At least two photographs that show the entire property (land and improvements). 8. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. 9. A clear and legible copy of the subject property's legal description on a separate sheet of paper. Rev. 08/15103 2 10. is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) 11. is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) 12. What is the acreage of the project/property site? 3.72 13. What is the purpose of this application/nature of proposed use? Approval of Special Exception to permit for residential parking with tandem spaces by valet parking. 14. All documents, reports, studies, exhibits (8 '/x xl 1") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 15. Other (specify and attach documents explaining why any information you are attaching is pertinent to this application). 16. Cost of processing according to the City Code; Special exception $ 800.00 Special exception requiring automatic city commission review $ 2,000.00 Extension of time for special exception $ 500.00 Public hearing and public meeting mail notice fees, $ 3.50 including cost of handling and mailing per notice Surcharge equal to applicable fee from item above, not to exceed eight hundred dollars ($800.00) except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from the applicant or a property owner within five hundred (500) feet of a,e subject property. Signature Name Telephone Address 1221 Brickell Avenue Lucia A. Dougherty 305-579-0603 Date Miami, Florida 33131 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of Ate,-",' 2 y Lucia A. Dougherty wh66iis a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known io..nae. or who has produced as identification and who did (did not) take an oath. (Stamp) S i FICLMARI[A!�L,N011ll��l AS / L It GO NOTARY PUBLIC STATE OF FLORIDA. COMMISSION NO. DDn48882 COMMISSION 1;XP. SEPT 17,2006 f7- Gay, Ali Rim AFFIDAVIT Before me, the undersigned authority, this day personally appeared Lucia A. 410 Dougherty , who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, x including responding to day to day staff inquires; © not including responding to day to day staff inquiries in which case he/she should be contacted at 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Lucia A. Dougherty y Applicant Name Applicant Signatdre STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 2c by Lucia A. Dougherty who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Sig MARISOLEGO NOTARY PUBUC STATE OF FLORIDA COMMISSION NO. DD148882 MY COMMISSION EXP. SEPT 17 Rev. 08/15/03 5 o • • DISCLOSURE OF OWNERSHIP . Street address and legal description of subject property: 5600 —5780 Biscayne Blvd See attached Exhibit MA* ara 2. Owner(s) of subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest are required. (Please supply additional lists, as applicable.) Owner's Name Kubik LLC Mailing Address 2020 NW 89 Place, Miami, FI Zip Code 33172 Telephone Number 305-858-9909 See attached Exhibit "BA for disclosure. 3. Street address and legal description of any property (a) owned by any party listed in answer to question #2 and (b) located within 500 feet of the subject property, (Please supply additional fists, as applicable,) Street Address Legal Description None Lucia A. Dougherty Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of ref TY-41-:-4! 20Zpby Lucia A. Dougherty who is a(n) individual/partner/agent/corporation of a(n) individuatlpartnershipicorporaais i/She is personally known to me or who has de tn. ficat on and who did (did not) take an oath. produced Owner or Att mey for Owner Signature (Stamp) 6 n n UARY PUBUC srAT COMMISSION NO. Dal MY COMMISSION EXP. SEPT 172006 Rev_ 0BJ15/03 DISCLOSURE OF OWNERSHIP 4. Street address and legal description of subject property: 5600 — 5780 Biscayne Blvd See attached Exhibit °A„ 5. Owner(s) of subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest are required. (Please supply additional lists, as applicable.) Owner's Name Biscayne Premier Investments, Inc. Mailing Address 2020 NW 89 Place, Miami, Florida Zip Code 33172 Telephone Number 305-858-9909 See attached Exhibit "B" for disclosure. 6. Street address and legal description of any property (a) owned by any party listed in answer to question #2 and (b) located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address Legal Description None Lucia A. Dougherty Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner or Attorney for Owner Signature The foregoing instrument was acknowledged before me this 7( day oft 2C0 by Lucia A. Dougherty who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Slgnatu Rev. 08/15/03 7 ,,, 7,7,„,,,f,_ ,...___,L___,......_„,,,,,,„ f OF��NOTARY SEA R GO RIDA NOTARY PUBLIC STATE COMMISSION NO. DI7t48882 MY COMMISSION EXP. SEPr 172oa6 72 • • Exhibit "A" LEGAL 6i; CRpfitite Lots 1 through 15. Except Lot 11. and the South 12.5 feet of Lot 16, toss the East 5 feet of Lot 10, Stock 15, according to the plot thereof. as recorded in Plot Book 16 Florida. atoge 30. of the Public Records of Mlarni—Dodo County LEGAL ©ESGRIPTiOtt Book116 at Pogo 30,, of the Public plat �s eoi'hillarni Dade Cd ounty. Florida. DISCLOSURE OF OWNERSHIP 1. Street address and legal description of subject property: 5600 — 5780 Biscayne Blvd and 454 NE 58 Street See attached Exhibit 2. Owner(s) of subject property and percentage of ownership. Note: The Mani City Code requires dbdosure of all parties having a flnandai Interest, either direct or indirect, In the subject matter of a presentation, request or petition to the City Commission. Accordingly, disciesure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest are required. (Please supply additional lists, as applicable.) Owners Name Marks Classics_Com. Mailing Address 5580 NE 4 Ct. Miami. Florida Zip Code 33137 Telephone Number Mark Soyka 4 00% 4. Street address and legal description of any property (a) owned by any party listed in answer to question #2 and (b) located within 500 feet of the subject property. (Please supply additonal lists, as applicable.) Street Address Legal Description None Luce A. Dougherty V ` Owner or Attorney for Owner Name Owner or Attorne or Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE 2tbe foregoing instrument was acknowledged before me this g day of by Luda A Dougherty who is a(n) indlvlduauupartner/agent/corporation of a(n) indiduallpartnershiplcorporation. He/She Is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature DALNOTARY 'VOTARY Y PURIM STATE COMMISSION No. OD148882 MYCOMMOW rim SEPT 17X05 • • Rev_ QN15/03 7 2ci • • • Exhibit "A" LWAL,OESeheiktit Lots 1 through 15. Except Lot 11, and the South 12.5 d�ng of Lot 16, lees the East 5 foot of tot 10, Block 5. to the plat thereof, as recorded In Plat Book 16 at Page W. of the Public Records of Mlaml—Dada County, Florida LEGAL DESCRFTC Ntot as recorded t Book 11. 16 at.t*Pog• 30, of thot Pubic o the platcords of �1.ilarni--DodoCwunty Florida. All boric cation lots, pieces, Or porizas afloat wig and being in 14-IIADE County, Stolen of Florida tall or any part of 3W joiacstis w colleesivedy and ireforidsally ato fired in is Me Mortgage as the "PYt +pc 1. the lewd descriptive cif which 1a aa %Ingrate. Lcrt I6,less die South taretveaogtouo-balf(12'!4 foes, LOIS 17, 11, Sioc1c all of BAYSHORB Na 4. �to the P1 thereof,in neordoi imPlaEt soak 16, Page 30, of the Acidic RA:w ds of Cout 1y, Florida. Oct, 9, 2003 5:33PM Exhibit "B" No.1837 P 2 KUBIK STRUCTURE (currently with no outside investoni) Lab Group, LLC 1401 SW 22nd Street lvliami, Florida 33145 7% KAB Group, LLC 1401 SW 22nd Street Nara, Florida 33145 - 23.65% Inverleg, LLC 1401 SW 22nd Street Mani, Florida 33145 2.5% —--, -- ....., Biscayne Premier Investments, Inc. 1401 SW 22nd Street Miami, Florida 33145 . 66.83% BISCAYNE PREMIER INVESTMENTS, INC KAB GROUP 25% INWERLEG 25% • LAB GROUP 50% LAB Group, LLC Enrique Alvarado 25% Camilo Alvarado 25% Alejandro Alvarado 25% lose Caulk Lege 25% • 2 1-lnverleg LLC. A. 50% Tricircle Haldings(©enise Lega)BVI B. 50% Jose Camilo Lega 2. BP1 A. LAB 50% B. lnverieg 25% C. KAB 25% 3. KAB A.Enrique Alvarado 100% 4. LAB A. 25% Enrique Alvarado B. 25% Camllo Alvarado C. 25% Alejandro Alvarado D. 25% Jose Camllo Lega. 11/6/2003 `Oct. 9. 20031 9:53AM Un"" ,x . •1'W,luS3i165,11 No.1808 P. 3)U2/0U3 tail k• ► . •! swooning ioreps,se Of. l tvt p. pa Leon, t . ? Nw god stm.L .'. iota 111 iral0Ocrigr407.31V5617;488.1* *we Mr arr>.rrrr*reu/ 0Ife<11.$1* r lbnr t/ACE Maya rxn fi11i POP 1444QetalkaDATA r OrACeAa m TNia Late /O4 ortoo tr Is3 oxrA WARRANTY NTY DEED !MAMMY MY FORM . S' G` ION 6$9.0/4 M.t;.) . This Indenture, midi this 2D day of NZ) , 2001, Heinen vmeos b,vErnu rrs, INC., et Merida Corporation of COB*orMIAMI , Stahl of FLORIDA , motor, sod BISCAYNE PREMIER INVI MLrNYB, Il~tC., witese pan tams:grewis ..:.:06e; C r-u1 01)440.40sos, ,'1r a-'er'Pet 33 !Z oftha County eigildJ-itelb at ti of i'lortda • grantee, Ind Wltncuet ! gists said pantar, far and in consideration of tha aunt orris NfsH .......�...nnn..�,� ._�.._,....rr Dollars,'d outer good andnimbi" sldargmt to said grantor in hand paid by said Irmo*, the receipt whereof is bank acknowledged, Asa pseud Root midge We swirl gruldilRi and p lUdr+e`a b1 n aged SWIM I> ievar, the tbflcwittt dseeribad land, situate, Vim and beint to Dads Casty, Florida, *twit See Legit Description 'Bimini! ale EXHESIT A. Subject to lane fbr the yetr 2t 00 utd thereafter. and said grantor doer hereby daily wartittt the tide to said lend, and wills sand the se m against the lawflrl ciaitru elms I person whornmever, • "grantor" and "gneiss" ars wad ibr singular or p;ura], £$ cunt.zt requires, In Wtt lt33i1 Whereof, grsntorhu harsunto Ist grantots hand and anal the day sad year first above written. Signed staled end dtallvsratl Ir cur presume: ',46441 Akrtet it Zrai r1Pl, Nines a ixtr toil' , Maui Wave STATE dF TrAIUDA COUNTY OP MXAMl-DALE VINCOX t rvE9't'b+iENTS,�il�' C rowalciffid .IEA+Mf &Atm* rec. >evanisTT t.:%fGit. tla nort The foregoing instructs was aoknowlcdgrtcl helve ma this 20 day of .70,124114% ' ,, 2001 , by glared noh as Provident end Eecrably of %gnaow Investments, Inc., on behalf of the corpnraitdn who snomlly _known to or who produced a as IrStr ilitatians and did take an oath, kbtdDeism fr r cemmauon Mums Is,,,,jExsMhay s,soot A .._ .•_ri�Inhli�i Oct• 9. 2003 5:33PM �•�' EXHIBIT A f` LEGAL DESCRIPTION tote 1 through 7 and 12 through 15, and the South 12,5 fact of Lot 1d, all of old Lott being is Block 15, BAYSHORE UNIT NO. 4 according to the flat thereof, as recorded in Plat Book 16, at Page 30, of the Public Recorde of M ami,-bate County, Florida Property Adchg; 5630, 5700, 5750 Biscayne Boulevard, i�llemi,1 L 3701-03 and 5711-13 N.E. 4iit Court, Miami, FL • "L'") a4I17•44' o•1831 P. 3'•00/003 F.oc,.. 20 03' 9 : 53Akl' Thu rMlunerN •o,r'e+rp! +ode O. a Loan, ere,. Asses De LMaet a De L..n, P.A. coixxhar. Tower 44 WAviv Whoa, Suite 320 1N1.Rri Florida4e190 Nowt, "Moliorir FrFloridai Me6111•Mn Iriarf Marorrtr2 e1401.0$ O rts) al Ier, Nam MMereer MAW, Ir+s. a Flaw Cupre.Goet Mar No.1800. P. 4 PADS MOW 'nos LPN )OR FROCESON I DATA WADI AIM MIS i.EK FOR RMCARDMAD DATA Y ■ i'Y DEED ( STATUTORY FORM - SECTION 6B9.02, P.S.) This Indenture, made this IT dayof�M1► ,2003,Betwet f VINCON MVESTMEWS. , INC„ It Florida Corporntlon, of tits County of I-DAVE , State of FLORIDA ,paraders, and KUBIK, LLC, a Florida Limited Liability Corporation whose port office sddnu Is 1305 8.W, 22 Street, Sults 2A, Miami, Florida 3314S, of the County of Miami -Dade , State of Florida, grmhtW, Witt%esSeththat said grrtubr, for and Inconsideration ofthesum onto , ..........»....... . ......» ....„ DoUtrs,andother good and valuable consideration to said grantor Is hand paid by said grwtee, the receipt whereof h hereby acluaowicdged. has grated and sold to the said grantee, and gtentee's helm, successors and snipe forever, the following described land, attune, lying end bring in Miami -Dads County, Florida, to -wit: Lot 11, in Block 15, ofBAYSHORE UNIT NO. 4, according to the Plat thereof, as recorded in Plat Book 16, Page 30, of the Public Records of Miami -Dade County, Florida Property address: 5600 Biscayne Blvd., Miami, Florida Tax Folio Number: Subject to real estate tastesfor the year 2003 aadthereafter; and Conditians,Restrictions, Limitations --- and Easctncnta-of ktcvai. i.attyi_bulthis sheibug serve to reimpose semi end said grantor does hereby covenant that grantor ie seized of du land io fix simple and does hereby fully warrant the titr. to said land is five and clear of encumbrances, and will defend the same against the lawful clatrns of all pa^eone whomsoever. •"Grantor" and "grantee" are used for singular or plural, as context requires. In W itlaeSu Whereof, grantor has hereunto set ponies hared end seal the day and year first above written. Signed sealed and delivered in our presence: Vinoon Investments, lac: Omar siprdrre jverett Lynch..f Frit,ident and authorized .neat 1: e Swc 4ot10t r Knoll 154A . i L 3iipk Pea Carr Adieu STATE OF FLORIDA COUNTY OF MIAMI-DADS The forogoinginstrument was acknowledged before mends day of the Prealdent and authorised agent of Vinton investments, Inc., a Florida Corporation and who ' hoe produced a u identification end did take an oath. Xirk D. DeLeon cessede oa s tmGoas Then Made Bath; Co., lac .My Commission Explicit .2003 Everett Lynch, oral + tmo ass or who State of Florida at Large ts&? • Oct . 9. NOS 9:54AM .erramaaR ream Avert101, rwdr "Wale Florida 13111 w'rwDDee to 8 D LemPA be Leon. Ilea. DeurthossaeTower 44 WSneak Suite an Miami, Nadia WHO rxr00441.0.1140 • raw ammo) tee* tams • • $pKd swam una roe M OW N%thRTA Nn.1808 P • 5 ewe undeTMs saes roe eSGOenNO WARRANTY DEED (STATUTORY FORM -SECTION 659.01, F S ) Tiibb2derituure,=Methii ,dayof 1003,Between ViNCONINVESTMENTS, INC., a Florida Corporation, of the County of MIAMI-DADE , Stscte of FLORIDA , grant, and KUBIK, LLC, a Florida Lhnited Uab►llty Co r poratin adeo State se post tea of ,nwi'e is 1305 L W. 22 Street, Suite 1A, Miami, Florida 33145, of the County of M and other Witxica$eththat midor,furandinocosiderstionofthesumoften .-....»..>.� :eau 1ere� has good pod valuable coreiderTdivn to said grantor in hand paid by said gram' the receipt whereof is herebyaclau�vv gd• granted and told to the sold grantee, ond garages heirs, suceseacre and assigns forever, th* following described land, situate, tying and being inMiarni-Dsde County. Fithids, Lots 8 - I O, inclusive, less the East 5 feet of Iota 8, 9, told 10, ail in Block 15, of ROM-1MB UNIT N4.4, aaoordinC to the Plat thereof, as recorded in Plat Book 16, Page 30, of the Public Recce of Miami -Dade County, Florida. Subject to real estate tastes for the yew 2003 andthcresfter4 and Conditions, Restrictions, Limitations and Basements of Record, if arty, but this shall not serve to reimpose stunt; and sold grantor doss Nutty covenant that grantor is seised of the land in fix simple and does hereby fully warrant the title to said lend is free and clear of enatmbrsa,ces, and will defend the same against the iawfui thirst# of all persons whomsoever. •"Grantor" and "grantee" are used for singuisa or plural, es context requires. in Witness WheTeOfr grantor has hereunto set grantor's hand and seal the day and year first above written. Signed sealed end delivered ha ow presence, Vinton Investments, Inc. enema o s a (C,Psests a..o STATE OF FLORIDA COUNTY OF EMI DADE . ving trutmmentwas acknowledged Wore Mathis daCratios and y of the President and auth agent of Vine= Investments, Inc., has produced a as identification and did take an oath. My Commission Expires: Kirk D. DtL1021 • Won July se, 2:03 Deniti Ikea Adak Unites Ca, rots F; N.m.: 4 Dir orbv State of Florida at Large twos 003 is Everett Lynch, r who StufekteleVernavtelevvd • • • L/3 • • • 5600-5780 BISCAYNE BOULEVARD C.1IRESTRICTED COMMERCIAL ERCIAL DLSTRI AND C"T SD-9/BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT MAJOR USE SPECIAL PERMIT as per Article 17 for development of 293 residential units. MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by twenty percent, 55,735,09 square feet. SPECIAL EXCEPTION, as per City of MiZoning Ordinance 11000 as amended, Article 9, Section 917.7.1, reduction �parking �king requirements for combination of commercial and office uses on the same premises. SPECIAL EXCEPTION, as per City of Miami Zoning Ordinance 11000 as amended, Article 9, Section 917.7.2, valet parking for restaurant use. The Major Use encompasses the following Special Permits: CLASS 1I SPECIAL PERMIT as per Article 6, Section 609.3.1, for a construction fence within in the SD-9 overlay district. CLASS II SPECIAL PERMIT as per Article 6, Section 609.3.1, for development of new construction within the SD-9 overlay district. CLASS II SPECIAL PERMIT as per Article 9, Section 927, to allow temporary off -site parking during construction. CLASS 11 SPECIAL PERMIT as per Article 9, Section 906.7.3, to permit a restaurant as an accessory convenience establishment. CLASS II SPECIAL PERMIT as per resolution number 12331, to allow parking lifts located within a garage structure. CLASS II SPECIAL PERMIT as per Article 9, Section 908.2 for access from a public street roadway width greater than twenty five feet. CLASS I SPECIAL PERMIT as per Article 9, Section 925.3.8, to allow development/construction/rental signage. CLASS I SPECIAL PERMIT as per Article 9, Section 918.2, for parking and staging of construction during construction. CLASS I SPECIAL PERMIT as per Article 9, Section 918.2, for parking and staging of offsite parking for construction crews. { CLASS I SPECIAL PERMIT as per Article 9, Section 906.6, for active recreational facilities (including swimming pools). CLASS I SPECIAL PERMIT as per Section 915.2 for FAA clearance letter. CLASS 1 SPECIAL PERMIT as per Article 9, Section 917.1.2 to allow valet parking for commercial and residential use. CLASS I SPECIAL PERMIT as per Article 9, Section 920.1, to allow a construction trailer and watchman's quarters. CLASS I SPECIAL PERMIT as per Article 9, Section 920.1, to allow a trailer for construction and other temporary office uses such as leasing and sales. CLASS I SPECIAL PERMIT as per Article 9, Section 906.9 to allow for a special event namely a ground breaking ceremony. Designation as a phased development pursuant to Section 2502 of Ordinance No. 11000. REQUEST that the following MUSP conditions be required at the time of Temporary Certificate of Occupancy or Final Certificate of Occupancy instead of at issuance of foundation permit: The requirement to record in the Public Records 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; and the requirement to record in the Public Records a unity of title or covenant in lieu of unity of title. yce McPhee Date ning Inspector 11 • • Lj 5- • 6600 E3i.c.-„ayrita E3cptilla•v•a.rci jV rT 1 , 1 3:31 07' MAJOR USE SPECIAL PERMIT - SUBMISSION- REVISED Wi ALTERNATIVE - February 13, 2004 Fre,ktoc4c2 OPPENYiehr t lAesign 110 1 1 1 -110 • i '. i :: . • , U.E1K 1/1 I N U S 2 LD) 1% " February 4 1 • lab nnnonhoiM architecture + design 4 " •-• In a oi D .. n .= 4.0 Solar Panels , • , - • nenhorhood n e t a b oppenheim allotute +design 4 b deSign ca".14A R — site location ti f ..gar •V**-#.0ii44,•;'" • •+°,' '40 '0". • NORTH WEST VIEW FROM BISCAYNE WEST VIEW FROM BISCAYNE south view from 4th court south west view from 58th street east view from 4th court Kubik •MOO Biscayne Blvd, Miami, Florida Zoning Legend • City of Mleml Zoning District Nerd on: C•118D•9 Overlay OoIs 8-11, dock 15) 0/80•4Ovsleypoh t•7,12.20) 'Allowable IPropaeW 1. Net Lot Area 2. Gross Lot Area a FAR 47.563 183.360 Second Third Fourth Lend Seuanlh-lath AlrHouss (per 5ectlm 401: 1.72 x (per Section 502: 20% PLC Increase) Tote) 4, Woburn Lot Ca ra4a (40%x 511.A) (par Sectim 401) 5. Minimum Opal Specie (16% x ©L (per 3ed1m 401) 6. Setbacks: Front Otani NE 58th Sir+ j Side (abutting NE 416 Coed) We (abutting Maws Dd.) Side, ttthaior (sq. R) 5,003 stainlnxm (224 sores) (sq. tk) (421 sores) 14.856 (sq. tt) 8500 (sq, R) 2700 (19 5.) 2er8 (eq. t.) 44207 (sq. R.) 249684 (sq. it) 14e81 (s4 L) 315,362 (eq IL) 63,072 (sq. ft) 378,434 ( 347,746 1(aq. it.) 73,340 1 23240 J(•a• R) 27.503 33.920 1(4q. R.) 10•.4T 10'•O r•r re. r4r 1D-0' 10.O• 7, Baldry Halel,t (par Sealoi 401) no Fait 8. Flood ()Herta (Zane AE,elev. 4) 1/1-0' 4, Seale end Density (per Section 401 144: 1500 units per net arm) 335 Taal 336 14W-11 I( creLig taLtre P�1 4 0 cooed iloor) loth townhouses penthouse la 293 118R units 10, Paddng per 8eetion 401: one (1) per oA.,1 EIR, 2BA 293 293 2% eocaaalble or FHA per Section 401: ono (1) po► leri i tl for par FM 11-4,1.2 Alton of Section 401 one (1) per 300 et 14FA per FEZ 11-4,1.2 Total 29 57 382 6 2 3 29 100 6 (e cesslble) 422« 'note sedating Anderno Plea parking currently provided on pdstinp tot to wart of proiaat par lease %permit "nobs additions( 40 tandem seam ere meltable hr naddsndal and add um, but we 11d pouted in total above 11. Lo adng per C•1 250,000a00,000 Oaf 4 4 (12 A x 35 ll) ...,..1.P.;(3.ET FOI ANN VIEW - • - ..., • ..„....... ----I'. ,,.., .., • , ‘ __,-)).----\ A •,:,, ) \ 7' ..- \ ' i'.1'7-7.? 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J t • a ! • • !! 4 : : 1 14- 46E10 ... 4131ta • tog& _ iU 7,-;H4-477-10q4, ariati trt .. 7.-1. ,---„,.-e / tr.c,....,,A......, ,,:. - '"% N. -:•11.:71:241 57E"..i.1 7 qir • • lab 2,c, if 33145 3D IMAGES 7 RENDERINGS 7 PEDESTRIAN PLAZA () PPEN 11 0 i fit architecture and de ' n 245 nortti-east 37th &Inset miarni K1 TrigaN t ,:r.ri VI; 071 a ;17..1r .4'.- JTT :17=i;IK; r ‘--/' ; • A • J p. ( ,/ /0" SEE ;;;FIEET LP-2; ';,.;;;;NCSCAPE rlf.i.1 7CP LAK!' L137 so A 7' \ • ' , ; :;"; 51,14;1 . _ • . • • r , ,,,, .... ___ I mrt.,/ ! • t. • r,11 \ • • t : -,, • • r 1 • • ! I AND CEt.: 3 Di .., • ','7' -, . • ;..E1.faCt. X17-4.1.1TEC:i,tkAl.' ,',:nt.11,41,'N ,Ii.4.1E i '.P. j Nal 1 I Lf" -.."-•?1.1"?!.; 71tr-33 MEISC.AM'aD,O) 1 Ormtus I Sdt L.lad niataA 1 Hien 011131 1.X 1411r 40044. 1001,04 olt J . •)'/' 1 ar4.1111V11:11111,14,..42-1,1,-,d; 1 1 .11,1111,,11'rr. 1 e Qs,. ,.flv, 4., jin !" .r....‘ . VaUS111111411C7.411.11,1/11-1 ! ,, I iik kr 1 ;41,11IntIlili. I0131'.11.1 j 141'10 1 L 11 I, antitilzrue.mz (!41TTL? 1701i.5 I 41t ; vomru 41.1ASCe011/1;171.,:i1.1.41,1 MTV, i Ci 1.,-, eke 1 DI !I 114P/ IN IN, - .0 dirit I r11011 Hlini'an" i I! 1 Az:"MMn-tansurn-11.1'11,4111.1111;MZ14,1rri 4iinvo00e0rm..1175 -,....- Itleil Wig ! ee ,44,c,roxiwint-Azz-milmmens r,a,ii 1 1 1 !14, :MIX! 111,11.1 I !MR 141131 aiR1,1191d11:1,2,0[10Cr4T,MIS 1-013. '21'!t1a71._eErd111.11411‘441C111 fiCIP117L11t1 ,..11111Y 1.2 lax .44P:A :vatic th11.4.&arr, rox QtAA 04,13.111E11111S14,Wi1P-X/"1,.T. ',e1et1 A't Irrains;m401nn 01JA 4N1-6=20.r.LV, TtlY1.1414.14takeI'LlIa....Lk ; !1.:1111a1,11:,-4003,1,-iv.-1411m-r, 9I;'ar11.,C LA14:31,1,41:,,In "110 Jae_ 3 1, asu 1.,4.147 moms zraAra.att T • rm 01'C 017M elfclIVA Jr), 000 3-0171 ee pi/1111f4 i 11 1'1'1 ."sr1.1C 1010 04040 71,,To ; flirt - 441-4H !2,. /014 '4,94I 114 1.1k1. 1.• 1001-003 TarY:`,1 Rtzrrizi 1 t4EL ;1ED1134 I 110 m"''40000 00113 ,14,4•41141 :menet reKaceni ent murex • 11:4.ein.e. Kirgwatrenuonmato..ease.e. '...0114,KAralttELMIIik(Prargt1a1tRIIKM 44011111:7111rWeleglietPt0el 111411*AriC110.101C7141141r1,AIHNtrkt1R1/ IVIPSIEVEZSV1/LMINEtil011191s105 0140 ItakilingiLdilIALLIMMISIE11111Z9VrtlisISIO /tewitleneermiVii1xentreeteeen41.a.eme1T,41 I* tr1IRPfriCCTS101.11WAHMICeltherarbir91,bridllil 1,,,t0.1411XTri ViSMittaliIMCAPOSSRIVILIPPHeL10111,41,1f4i4 14eiftWeinuelilterrlelie21.:11110M144041) /1.3111111,11411A. cuanktEpaltOerl 111,....r4.1V4srtaterMellforeersq41111011.11140,0,t .4011 47115404010001171. 4,111.B1104311.111=0.011114tAlatOrf Vf42.141$1-14/1- 3,14r1tfiraGFrA2.410)0401311111t41suMMAPyata WILA$41140. otra911111012111164Mive11.110-1CmannerCsi,1,11 144imeigeosee. ivaavais nal= rralmonor. r/.444,1X)...401.10/.144411WHIMOSIMIgrantatro4/./4 4113AMS1.1.41,,Mixrammorta ..>e •-nt rPann ve.no To • :reiCr".11.1, 11V1:t 141, 04404 ''•/ Nal II %IX dtral 71,4:14 ito44VokallS.044044010 1404 WITI1 1043.. %AO N12111:"4114 -St 1/6111 41' I/4. PIA Mt .410,A4 2trAt 411,, .X14t1 ,74214r411 %IV M .T13 r15 Me., en. =Mel 4k11104 - X4,11113) '1141U. 41,14e ,atrt, 31:5116.111 :rte MO Mia 4 7.-Se.Vik" 404 grt171e1 .r4e1) mei .VE-ra 410011 7.4111/ .11 :n.4113 : , N 0 011 -71 At 744 '1,44!Y,t./1. 1:100 '11= nk.trl! 14 -WiT,111 '1,401 1.11.11. • M • • inq • is j 11 E7 Kubik ' woo Biecayno Blvd, Mlaml, Florida ALTERNATIVE Zoning Legend • City of Miami &ring Qlelsltt DesicrleElm: C-1/50.9 Tolley (tots 8-10, dodo 15) O13O.9 Noisy Ode 1-7, 12-15 + 12.5 Met rot ee) 1. Net Lot Area 2. f3rou Lot Arse 3. FAR (Proposed f 84.591 J(1tq. ft.) 5,030 tea nirtirrum (1.94 taxes) 102.015 Second Thket Fah 51.11-loth 128, (a4 &) (3.71 atlas) (par Seaton 401: 1.72 x ( (pa' Station 502 20% PUD inmate) Total 4. Maximum Lai Coverage (40%xMA) Ott Simian 40) 5. Minimum t31en Space (15%x GLA} (per Boob, 401) 6. Sdha ke: 7. Wiring g Height 8, Flood Criteria Front (team; NE 58111 Street) Side (abutting NE 4th Cain) Side (abutting Biscayne Md.) Side, traria. (per Seder 401) (Zane AE, elev. 9) 9. Scale and Density (pia &pollen 401 11•4: 150 mita per net sore) (per Baden 502: 20% PUD masses) Total 278.86$ 55.733 334.339 329122 04.800 91.397 24.332 20189 10'0 r43' r-0" 11r. 1a'.0' r$ 10'•0• no limit 9-0' 291 592 141-0' 283 0 10 $49 (eq. R) *ova (lowest floor} toes toienhoueee penthana to 293 11 ER unite 10, Parking per Swotim 401: one (1) pee elf., ,BR, OR 293 2 8 3 6 (accessible)2% eooasefble per FHA per Section 401: one (1) pr ten arks la 29 29 per FBC1i-4,12 visitors 2 2 jacc+iPole) par Seatiai 401 one (1) per 300 at GFA 38 40 non-rnsidenti per FBC 1141,2 3 4 (eaceseibie) Total 381 I 902 I•• *note: editing Angler Pfaa perking currently provided an adadng lea to wet o1 pitted pm team apament '"riots: edddonal 60 tandem apogee ss available la raided" and vdat use, but era ng counted In Idea thaw 11, Lowing per C-t 250,000•500,003 pef 4 4 (12Rx351t) .. rc _, .,..v 3.UM8ET 'rlaq (N Vl\ nra, ,r," , 1 1 . r I • 1 A ./7 -.4.L7177,1,17 (7. . 1 . J • .A0N"rr • • 90" ill ,-4», • , ''" Vre \ l'I. ' \ !A . ' ,..,,..1_,-.1 `„.....-" i l! .0 •,. ,, L_2,_..L.,„,, ___.1 ' ity / \ • ; .74 10 v... L r • £, ,V:fi" 1E1 £ 7.. , lb • • SI2t..SE":" • t)iNvi.41 CivViv vlEvV 'I ••••\ "'"" A ••„, ,•• •"/ - • ..z\ ?":•• • •••"\, C • 4 ••71, \ • •1 ••• 144 1 ' P. '• - ; 11 j • •:•••••-••••••••!--.7.?;lx. ----• .-.,- , ••.- \ N. 26.. .••••- \ \ , ! i . ' rCp PLA( — e.•; • 3 1 • 2. .FL•:%:•= • a1.7a,7;-,,,,.;!Yi' - •-•• . SUNF.E7 'PEW 1 POVVITFOWN VIEW b - WPeitZlei:71 WC. .oddefigil WATER v,`IEW C ." VIEW ^ THE.' e i.V4Y 1 1 • 1)+,:v V114 'IVNtN VI EVV 0 ) ..... \ r. 6 - , 0pahvmm .;.n9gl1 I. U 13 3 5 a z 0 ,r-c- '- j'l ','1.: \ I ! -...-:-LE,T.T.I'A \ 1 • rj rf, 2,13-7 f d 4' • • r ' ,L T777 : - • • 1 1 yie !1 � • t �I III 0.111611•1111.1.111!: ITIAMIMMIIII Min TIMM NO ii1115 mom abr ri-eci'rx • 03 Oft_ _ 01320 digia 45%. '00411.____ Joao, 4fgel ego -T liti:L‘t , . • --.1..._.•0101'.. . _ • •--;-: , '4, ,;H— 4t--lek,',."',1:, datiol; •1 i.., ....1 • . 1 '....1 1 .11., ito• , L.,__ '',".•'40.4;7.:1„,,,,,,, 41140 402110. 1.111 WI/ If dit ,11 "..; • : :; .111wip • • lab I 3? D1 wait ij 7.1) 0-1(n11331 3D IMAGES RENDERINGS / PEDESTRIAN PLAZA 0 1P 1.1 h i architecture and design 245 ttcolt.etist 37th street riastli IL 33137 !AI) a • 83 .try,s. ID ..? So City of Miami Legislation Resolution City Haff 3500 Pan American Drive Miami, FL 33133 www.cLmiamLfLus • 410 Final Action Date: File Number: 03-0415 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13, AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE KUBIK AT MORNINGSIDE PROJECT, TO BE LOCATED AT APPROXIMATELY 5600-5780 BISCAYNE BUILDINGS WITH VIVO DESIGN MI, 1DA TO BE PROPOSED AS TWO 14-STORYUILDINGS OPTIONS WITH THE "ALTERNATIVE UNITS,41,745 SQUARE FEET R 0TCOMPRISED OF 293 MULTIFAMILY RESIDENTIAL RETAILJRESTAURANT SPACE, AND APPROXIMATELY 422 TOTAL PARKING SPACES; OR THE ALTERNATIVE B" OPTION WHICH IS COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 33,046 SQUARE FEET OF RETAILIRESTAURANT SPACE, AND APPROXIMATELY 362 TOTAL PARKING SPACES.; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF l-P+C��SflVIDING FOR BINDING AND PROM PROVIDING FOR ANEFFECT; CONTAINING A SEVERABILIT`f EFFECTIVE DATE. WHEREAS, on December 17, 2003, the ed at 5600-5780 Bianning Advisory scayne Boulevard, oard reviewed Miame Florida r Development Program for the property and and recommended denial of the application; WHEREAS, on February 10, 2004, Lucia A. Dougherty on { �t ApplicaLLC and Bon for the iscayne Premier Investments, Inc., (referred to as "APPLICANT"), submitted a comp - previously reviewed Major Use Special Permit application for the Ordinance at risings1000, the (referred to as "PROJECT") pursuant to Articles 5, 13, and 17 of Zoning to approve the construction g Ordinance of the City of Miami, as amended (the "Zoning Ordinance"), pp comprised of two 14-story buildings with either of two design options with the "Alternative A" option of 293 multifamily residential units, 41,745 squareAl feet retail/restaurant tch space, comprised of 293 approximately 422 total parking spaces; or the approximately 362 multifamily residential units, 33,046 square feet of retail/restaurant space, and app y total parking spaces, as legally described in "Exhibit B", attached and incorporated; and WHEREAS, the Large Scale Development Committee met on October 1, 2003 to consider the proposed PROJECT and offer its input; and WHEREAS, the Urban Design Review Board met on October 15, 2003, to coensider shrubs by e proposed PROJECT and recommendedvehicular pdri driveways toval with the oN Ellow'4thcCoufrtQr duce the driveway to following the FDOT plan; relocate all the minimum allowable standards of 20'-24'; reduce the amount of driveways and configure the City of Miami Page 1 of 4 r]t1 Printed On: 4/14/2004 File ?!umber. 03-0415 circulation within the building site; provide a continuous canopy of shade trees along the edge of curb; see the latest FDOT construction plans for the "Biscayne Boulevard Improvement Plan" regarding landscaping; and WHEREAS, the City of Miami Planning Advisory Board, at its meetinc,heid on April 7, 2004, Item No. 3, following an advertised public hearing, adopted Resolution No. PAB 33-04 by a vote of 5 to 4, RECOMMENDING APPROVAL of the Major Use Special Permit application and Development Order as attached with a preference for "Alternative "A" and incorporated subject to the removal of conditions 12 and 13 from the Development Order; and that more elevations be submitted prior to the City Commission hearing. WHEREAS, the Miami Zoning Board, at its meeting held on December 15, 2003, 2004, Item. No. 6, following an advertised public hearing, adopted Resolution No. ZB 2003-0799 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL of the Special Exceptions as part of a Major Use Special Permit fo the Kubik at Momingside Project from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 917.7.1 of the Zoning Code to permit Reduction in parking requirements for combination of commercial and office uses on the same premises and Article 9, Section 917.7.2, valet parking for restaurant; 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, attached and incorporated as "Exhibit A", is approved subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the APPLICANT, at 5600-57B0 Biscayne Boulevard, Miami, Florida, more particularly described on "Exhibit B," attached and incorporated. Section 3. The PROJECT is approved for the construction of two 14-story buildings with either of two design options with the "Alternative A" option comprised of 293 multifamily residential units, 41,745 square feet of retail/restaurant space, and approximately 422 total parking spaces; or the "Alternative B" option which is comprised of 293 multifamily residential units, 33,046 square feet of retailhestaurant space, and approximately 362 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 ("Exhibit A"). 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. City of Miami Page 2 of 4 Printed On; 4/14/2004 • File Number: 03-0415 b. The PROJECT conforms to the requirements of the RestrictedC-1 d Commercial oy designate n, and 0 Office zoning classifications, with and SD-9 Biscayne Boulevard Not as contained in the Zoning Ordinance of the City of Miami, Florida, as amended. Florida,the specific c. Pursuant to Section 1305 of the Zoning Ordinance rd and the of be fiurther y of ico�sidered site plan aspects of the PROJECT, have beenermit and a certificate of occupancy. administratively during the process of issuing aapproximately lding p$18p,237,938, and to employ d. The PROJECT is expected to cost app Y approximately 325 workers during construction (FTE-Full Time jobs.Employees); mlo The PROJECT will willte pp approximately 26 permanent new also result in the creation of approximately $959,601 annually in tax revenues to the City (2003 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 erseetlic transportation amitigated through compliance (3) any potentially adverse effects of the PROJECT will be 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; facilities; (5) the PROJECT will efficiently use necessary public (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 trees, shoreline development, security, fire protection and life safety, solid waste, heritage conservation, tracorlsubcontractvr participation will be minority participation and employment, and minority Special Permit. mitigated through compliance with the conditions of this Major Use Section 6. The Major Use Special Permit, as approved, shall be binding upon the APPLICANT and any successors in interest. ed Section 7. The application for a Major Use Special Permit, mwonwhich gof the City was ofmi t iamn F aFeb dory 10, 2004, and on file with the Department of Planning and relations and is incorporated by reference. shall be relied upon generally for administrative interp Section 8. The City Manager is directed to instruct the Director p rtme t of Planning and Zoning to transmit a copy of this Resolution and attachment to the APP to Section 9. The Findings of Fact and Conclusionsof Law are madhfor with PROJECTattached and the PROJECT as described in the Development Order ("Exhibit incorporated. Section 10. The Major Use Special Permit Development Order for the PROJECT („Exhibit A") is granted and issued. Section 11. In the event that any portion or section of this Resolution or the Development Paae 3 of 4 Printed On: 4/1412004 File Number. 03-0415 Order ("Exhibit A") 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 ("Exhibit A") 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} APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO CITY 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 4 of 4 Printed On: 4/14/2004 • • • "EXHIBIT A" ATTACHMENT TO RESOLUTION NO. DATE: THE KUBIK AT MORNINGSIDE PROJECT MAJOR USE SPECIAL PERMIT APPLICATION DEVELOPMENT ORDER Let it be known that pursuant to Articles 5, 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 Major Use Special Permit application for the Kubik at Momingside (hereinafter referred to as the "PROJECT") to be located at 5600-5780 Biscayne Boulevard, Miami, Florida (see legal description on "Exhibit B", attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration ofthe 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 5600- 5780 Biscayne Boulevard, Miami, Florida. The PROJECT is a to approve the construction of two 14-story buildings with either of two design options with the EPA "Alternative A" option comprised of 293 multifamily residential units, 41,745 square feet of retail/restaurant space, and approximately 422 total parking spaces; or the "Alternative B" option which is comprised of 293 multifamily residential units, 33,046 square feet of retail/restaurant space, and approximately 362 total parking spaces The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits: MUSP, as per Article 17 for development of 293 residential units; MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by twenty percent (20%), 55,735.09 square feet; CLASS 11, as per Article 6, Section 609.3.1, for a construction fence within the SD-9 overlay district; CLASS 11, as per Article 6, Section 609.3.1, for development of new construction within the SD-9 overlay district; CLASS II, as per Article 9, Section 927, to allow temporary off -site parking during construction; CLASS II, as per Article 9, Section 906.7.3, to permit a restaurant as an accessory convenience establishment; CLASS II, as per resolution number 12331, to allow parking lifts located within a garage structure. CLASS II, as per Article 9, Section 908.2, for access from a public street roadway width greater than twenty- five feet. CLASS I, as per Article 9, Section 925.3.8, to allow development/construction/rental signage. CLASS I, as per Article 9, Section 918.2, for parking and staging of construction during construction. CLASS I, as per Article 9, Section 918.2, for parking and staging of offsite parking for construction crews. CLASS I, as per Article 9, Section 906.6, for active recreational facilitie l. (including swimming pools). Page A-2of7 • CLASS I, as per Section 915.2 for FAA clearance letter. CLASS I, as per Article 9, Section 917.12, to allow valet parking for commercial and residential use. CLASS I, as per Article 9, Section 920.1, to allow a construction trailer and watchman's quarters. CLASS 1, as per Article 9, Section 920.1, to allow a trailer for construction and other temporary office uses such as leasing and sales. CLASS I, as per Article 9, Section 906.9, to allow for a special event namely a ground breaking ceremony. SPECIAL EXCEPTION, as per City of Miami Zoning Ordinance 11000 as amended, Article 9, Section 917.7.1, reduction in parking requirements for combination of commercial and office uses on the same premises. Designation as a phased project, pursuant to Section 2502 of Zoning Ordinance 1.1000, as amended. REQUEST that the following MUSP conditions be required at the time of Temporary Certificate of Occupancy or Final Certificate of Occupancy instead of at the issuance of foundation permit: a. the requirement to record in the Public Records 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; and b. the requirement to record in the Public Records a unity of title or covenant lieu of unity of title. Pursuant to Article 13, of Zoning Ordinance 11000, approval of the requested Substantial Modification to a Major Use Special Permit application shall be considered Page A-3 of 7 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 al requested plans. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Oppenheim Architecture & Design, LLC, dated February 9, 2004; 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 Director of the Planning Department prior to the issuance of any building permits. and The PROJECT conforms to the requirements of the C-1 (Restricted Commercial) and 0 (Office) zoning classifications, with and SD-9 Biscayne Boulevard North Overlay designation, as contained in the Zoning Ordinance of the City of Miami, Florida, as IP amended. The existing comprehensive plan future land use designation on the subject property allows the proposed uses. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: 1. Meet all applicable building codes, land development regulations, ordinances and other laws. 2. Pay all applicable fees due prior to the issuance of a building permit. • 3. Allow the Miami Police Department to conduct a security survey, at the option of Page A-4 of 7 the Department, and to make recommendations concerning security measures and systems; further submit a report to the Department of Planning and Zoning, 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 Director of the Department of Planning and Zoning why such recommendations are impractical. 4. 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 projection and life safety systems, exiting, vehicular access and water supply. 5. 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. 6. Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) as submitted to the City's Planning & Zoning Department. to the 7. Record the following in the Public Records of Dade County, Florida,prior issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and Restrictions providing that the ownership, the operation and maintenance of all common areas and facilities will be by property owner or a mandatory property owner association in perpetuity. 8. Prior to the issuance of a shell permit, demonstrate to the City that (a) he e condominium documents have been filed with the State of Florida; or (b) pro the City with an executed, recordable unity of title or covenant in -lieu of unity of title agreement for the subject property; said agreement shall be subject to the Page A-5of7 review and approval of the City Attomey's Office. 9. Provide the Department of Planning and Zoning with a temporary parking plan, including an operational plan, which addresses construction employee parking during the construction period, said plan shall include an enforcement plan and shall be subject to the review and approval by the Department of Planning and Zoning prior to the issuance of any building permits and shall be enforced during construction activity. 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 Director of the Department of Planning and Zoning. 11. Pursuant to the UDRB's and the Planning and Zoning Department's reviews, the411P applicant shall remove shrubs by following the FOOT plan; relocate all vehicular driveways to N.E. 4th Court; reduce the driveway to the minimum allowable standards of 24'-24'; reduce the amount of driveways and configure the circulation within the building site; provide a continuous canopy of shade trees along the edge of curb; seethe latest FDOT construction plans for the "Biscayne Boulevard Improvement Plan" regarding landscaping. 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. • Page A-6 of 7 • CONCLUSIONS OF LAW The PROJECT, proposed by the APPLICANT, cotinplies with the Miami Comprehensive Neighborhood Plan, 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 application. 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. Pursuant to Section 1305 of the Zoning Ordinance, the specific site plan aspects of the PROJECT have been considered and will be further considered administratively during the process of issuing individual building permits and certificates of occupancy. Page A-7 of 7 • • • 4 Alternative A EXHIBIT "B" LE 1L OESdAritilit Lots 1 through 15. Except Lot 11. and the South 12.5 fret of Lot 16. lees the Eclat 6 fast of tot 10, Mock 15, according to the plat thereof, as recorded in Piot Book 16 at Page 30. of the Public Rrcarda of Miami —Dade County. Florida. r LEGAL OESCE F ote ,Lot 1'1. Stock 15, according.to Out plot thereof, as recorded in Plat Book 16 at Page 30, of the Public -Records of 1--Dods County. Florida. All tb= cetaia lots, pieces. or pumas of Lid lying =diving i5 16111.W.DADE County, Stoma of Florida to or nay Put of . and way isicrost m Wei* c otisctivdy and iothviduafY aa4 i ed to in Ma Matlaage as Vac Itcpai `1 to lep1 description of isanfacer lot 16,1ess lbcSouth twetCanaiaa,-be1fi12 Ya) bet, Lots 17,18,19 and 2G, Bieck 15, aaad las 9,10 aad 11, Block 14, 111 of BAYS oar NO. 4. axe in the 16, Page'.14 of the Pablic B County, ►. Flcanda. 0 r_ Alternative B ElBIBIT "B" LEGAL re1ESeFillifi ' it Lots 1 through 15. Except Lot 11. and the South 12.5 feet of Lot 16, lees this East 5 f.st of Lot 10, Block 15, according to the plat thereof, as regarded In Piot Book 16 at Page 30. of the Pub11c Records of Miami —Dads County, Florida. LEGAL DEBCRP IOIt Lot 11. Block 15. according -to the plat thereof, as recorded in Plat Back 16 at Pogo 30, of Ms Public Records of Miami —Dads County, Florida. • • • q? • 1 0 Q • Kubik • seaoins Blvd, Miami, All Zoning Legend • C!ty of Miami e A — IBrr a*� Alternative reeky Maki Deerellat G1/300 (Matey Ns 8-11, Moir 111.4Llamas � � OR(3.p.OndreOdf 1-7.1 1 Nei Lot Ares Z. Grass Lot Ares 3, FAR 9r, )00.) �1t1 Ground Second Third Fars sand $ever817-13k /Motes (per Sargon 401:1.72 M GLA) (per 8eottian 502: 20'A ND increase) 4. t4e#treanLek Catprao+(4011072,A) 5. Mislesins9311129808 OM xGIA O. Setbacks: (per Soden 401) (per Seaton 401) Front Mani NE 551b Sent) skis f edvenp NE 4!t Court) Side t,b„w!,n Oar* B4 etas, Werke L) 7, 8111(292N2#1t Oct SWIM 401) a. Pecet* kite (lnoe►L lev.9) 9. Scale end WO (pd Solar 401 R•4: 100 magpie not sere) Told 54(0 dmtmssn OM ems) (4.21 em!erJ 19.855 (iq 2) 2700 $ t) 20111 (p4 L) 44907 (es L) 249e94 (84 10081 (3 II.) 313.302 (s4 It.) 53.72 (eg. L) 31a.434 (ft U 13340 78 9113 te4 t) toe r4 17-0" Wit 1P-0' rxr re ice anon wen One ica) ass 280 Inks 4 lowrticuster a pub ssa t" r11mu* 10. Peking pa Sedan 401: one (1) per et,1191, 291 203 293 a Oxman* 2% eons a per F14A per Sedan 401; roe (1) per ten Urals far per RC 11.4.1.2 visitors sir Se[!an 401 one (1) per 300 d QFA ptr FeC 11412 29 51 Toast set 2 3 29 2 (3aceahie) 4 (etxuulbte) ti,ae Wong Ordsebfins pimpomrentyP on eistryIdfovast atpraniprrken women •'rtds 4.93SJ d aD wen n nom re anew 1Q wddrntll and neat ue& tut are ®t oots!tad h totes above 4 (12ts5ap 1 r tArta"Lt pi, Gt 290,1700,5C0,000 q1 4 1 ;p!:3it.!91E i Fi . k•JGta9:ad 6114 Kubik • c sernyne lid, Miami, Morido ALTERNATIVE Zoning Legend cltt of Miami Alternative B — EXHIBIT "C" lard ristIct Designator Crime Goolott Om 810. ticd[ 15} C}f 4 i)yorlav has 1-7,12.1r+ RAtra( lot 151 °� t 1, Nat Id Arse I .64.881 , kw. 24 5.000 dwirkrUn (1.94 ear4 j 2,Goss IatArea 1 162118 j(sgit) (3.111rree) 3, FAR Qrautd 10.625 (s R} two 1-} (+4 d} (s4 IQ t q. (a4 6.) 273,606 278.656 (sq. tt) 05,733 33.00U (sq. R) Told so* [ 328.372 4. Mmdmum Lai Co solos (40%X t)iA) (per sedior e1) 04 0e 1 c4r4 4-) 5. MrimRxn Open Sows (15%xMA) (per Wan 401) 24312 Sward Ruth ih4d sx-tot►r 1231 fpar 89d0d+401:1.72 x MA) (per 59c41011Z102: 20%PtiOInanxase) 51.37 J(s4 L) 22,509 ae : 4111 Rork (doag NE Nth tltraeq 10 * 10'-0" Sill (*Mg NE 4B1 Court) r.6r-0" Bide( ) 741* ra• r too• iu-cr i. suacIngwatt fperWon 4011) no Soil I t49-11 B. Rut Ottools Woe AE. ddr, gi 9W kstavo wads loot} tots bahasas Whops' 10 118H arras 0 (aaa+aef><a) 2 (eooenatle} non sidofd 4& 1(Kceeet4 N 14tV 9, Soda And Dandy (per Sealtm 401 R-4:15014101 pi, not poi) 201 � (per8aa&an 10%Pl )k se t0 Tgld $49 J 293 10. Pa11rh q Ix 8401o1 401; as (1) per of,19R, 290 293 119t1 2% ercostil parRiA A or Whin 401: one (1) par ion urns for 29 29 per FBC 11-4.12 n t par Salim 401 one (1) per 300 OVA 91 40 per FBC 11.4.12 3 Told 301 J 362 "rots; ilting Amino Pam povidno monk prok4ded on *Onok#to.weldptdadprleesaproanmt "notw rddSand 63 tondun spoors arse sordia 13 raeklrnBd end adet UK but an 0910341190 3110351 above 11, Using pet Ce1 250,030410.I0 got 4 4 (12 3 x 3d lt) �6 00. W TA TABU