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Home My WebLink AboutPZAB Supporting Docs} Bilzin Sumberg ATTORNEYS AT LAVV May 6, 2010 VIA HAND DELIVERY Anel Rodriguez Hearing Boards Department, City of Miami Miami Riverside Center, Seventh Floor 444 S.W. Second Avenue Miami, FL 33130 A. Vicky Garcia -Toledo, Esq. Tel 305.350.2409 Fax 305.351.2233 vqarcia-toledo a(�bilzin.com RE: Letter of Intent for Substantial Modification to a Previously Approved MUSP for 1700 Biscayne Blvd. Dear Mr. Rodriguez; On behalf of Brickell North Investments, Inc., Miami Proarts II, Inc., and Biscayne Arts, LLC, and Biscayne Arts Plaza, LLC (collectively known as "Owners"), please accept this application for a substantial modification to a previously approved Major Use Special Permit (MUSP) ("Application"). This Application is for a Substantial Modification to the previously approved MUSP for 1700 Biscayne Blvd, originally approved by Resolution No. R-09-0201, adopted by the City of Miami City Commission on April 23, 2009. The purpose of this application is to modify the previously approved MUSP to move the base footprint of the building by more than ten (10) feet to include new land, to include a non-residential component in excess of two -hundred thousand (200,000) square feet, and to allow hotels involving in excess of three -hundred fifty (350) hotel rooms. The original MUSP approval called for a phased project to include two towers on 2+ acres consisting of the majority of the 1700 block along the west side of Biscayne Boulevard. In meetings with staff and at public hearings prior to the original approval of the MUSP, we stated on the record that the MUSP was missing a roughly .67 acre portion of property on the northeast corner of the block ("Additional Property") which was the subject of ongoing litigation, and that once acquired, the Owners intended to come back for a modification to the MUSP to include the Additional Property. After resolution of the litigation, the Owners acquired the Additional Property and now come before the City of Miami for a modification to the MUSP to include the Additional Property and to revise the development plans to encompass a more effective development program. In continuance of the redevelopment of the Omni area, marked notably by the Adrienne Arscht Center for the Performing Arts and high-rise towers along Biscayne Boulevard, the developers of 1700 Biscayne Boulevard are proposing a modification to a previously -approved Major Use Special Permit, to provide for a three (3) tower mixed -use development designed by preeminent architecture firm Zyscovich Architects which will certainly add to ,the surrounding area's redevelopment. BILZIN SUMBERG BAENA PRICE & AXELROD LLP 200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131-5340 Tel 305.374.7580 Fax 305.374.7593 www.bilzin.com Anel Rodriguez Hearing Boards Department, City of Miami May 6, 2010 Page 2 Tower I, incorporating a sleek urban design created by Zyscovich Architects, will remain as previously approved, rising approximately 603 feet above Biscayne Boulevard on the southeast corner of the site. Tower I will house approximately 261 residences and 289 hotel rooms, with a mix of one (1), two (2), and three (3) bedroom units. Tower II will be reduced from the previously approved height and intensity. Tower II will front along NE 2nd Avenue, and rise to a height of approximately 443 feet (a reduction of 100 feet), housing 258 residences (a reduction of 100 units). Tower III, the additional tower and reason for this substantial modification, will incorporate a design consistent with the previously approved buildings, rising approximately 493 feet above Biscayne Boulevard on the northeast corner of the site. Tower III will contain approximately 153 residences, 216 hotel rooms, and 100,051 square feet of offices. The parking pedestal will provide 1,507 parking spaces (an increase of 148 spaces) in thirteen (13) levels, will also include nine (9) loading berths (an increase of 2 loading berths), approximately 181,183 square feet of retail use (an increase of 40,902) and the pool deck and other common areas. 1700 Biscayne Boulevard is consistent with the character of its surrounding neighborhood. This Application is consistent with the character of its surrounding neighborhood. This Application also completes the entirety of the 1700 block along the west side of Biscayne Boulevard, replacing a previously -approved blank wall with an articulated and functional building. This Application increases the aesthetic appeal and mix of uses while reducing the overall percentage of allowable floor area and maintaining significant open space and urban pedestrian plaza area. Should you have any questions regarding this Application, please call my office at 305-350- 2409. Thank you for your assistance. Sin A. is Garcia -Toledo MIAMI 2162344.2 7572825707 5/3/10 06:17 PM BILZIN SUMBERG BAENA PRICE & AXELROD LLP CI T Y 0 F PLANNING DEPARTMENT DESIGN REVIEW COMMENTS MAJOR USE SPECIAL PERMIT IDR 10-026 1700 BISCAYNE BOULEVARD 1700 BISCAYNE BOULEVARD NET DISTRICT: DOWNTOWN 08.28.2010 A M I COMMENTS: The following comments represent the unified vision of the Pre -Application Design Review Committee, which consists of staff members in the Urban Design and Land Development Divisions. The City of Miami strives to achieve diverse, sustainable, pedestrian -friendly neighborhoods, promote transit connections, and provide safe and comfortable buildings, streets, and parks that contribute to a prosperous city for all residents to enjoy. Landscape • All required Site and street trees that cannot be accommodated on -site shall be provided off -site or will require payment per tree into the City's Tree Trust Fund. • Due to the large amount of existing palms on site, consider improvements to the median along NE 17th Street or other areas within the City where the palms could be transplanted. Required mitigation for removed trees is in addition to landscape ordinance requirements. The Planning Department reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this additional information. ** Please note that the Planning Department reviews Special Permit proposals based on architectural design, site planning and urban design issues. The project still needs to be reviewed and comply with other department's requirements. It is our intention with these comments to aid in expediting Special Permit applications with your voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Committee or the Urban Development Review Board. 1 of 1 CITY OF MIAMI; FLORIDA INTER -OFFICE MEMORANDUM TO: Francisco J. Garcia, Director DATE November 23, 2010 FILE Planning Department FROM : Nzeribe Ihekwaba, Ph.D., P.B., Director Public Works Department SUBJECT: Large Scale Development Review- 1700 Biscayne Boulevard (Substantial REFERENCES : Modification) ENCLOSURES: The Public Works Department has reviewed the Large Scale Development plans for the development entitled 1700 Biscayne Boulevard (Substantial Modification) and has the following comments. 1. Twenty five (25) foot corner radius dedications are required at the intersections of NE 17 Street and NE 2 Avenue, NE 17 Terrace and Biscayne Boulevard and at NE 17 Terrace and NE 2 Avenue. A twenty Eve (25) foot comer radius has already been dedicated at the intersection of NE 17 Street and Biscayne Boulevard. Verify that the area within the new corner radius dedications has not been included in the Net Area calculation for the site. 2. The elevation of the sidewalk profile grade along NE 17 Street between NE 2 Avenue and Biscayne Boulevard varies from 8.20 feet to 4.20 feet. The profile grade line along NE 17 Terrace similarly slopes toward Biscayne Boulevard. Since the proposed top of slab for the ground floor pedestal appears to be level, the vertical difference between private property and the public sidewalk varies.from 0 to 4 feet. All transitions from the established street profile grade to the building floor elevation must be accomplished on private property. Stairs, ramps, retaining walls, etc. will not be permitted in the public right of way and the record profile street grade can not be changed to acconnnodate the proposed building ground floor elevation. 3. All stormwater must be retained on site including the driveways and plazas on private property adjacent to the public streets. All plazas and driveways must be graded or trench drains provided to prevent "sheet flow" from entering the right of way. If deep drainage wells are selected for stormwater disposal, they must be located on -site in an open area to accommodate future maintenance access. 4. An agreement between the City of Miami and the property owner is required for any landscaping and decorative sidewalk treatment located in the public right of way. Public Works approval and permit is required for any landscaping improvements in the right of way. 5. Public Works policy requires that no closures of vehicular travel lanes will be permitted during the course of construction unless a temporary replacement lane, approved by the Public Works Department, is constructed and maintained by the Contractor throughout the duration of the lane closure. A, maintenance of traffic plan is required for any temporary right of way closure request. 6. In order to mitigate traffic congestion and problems associated with unregulated parking throughout the neighborhood, the Contractor / Developer shall be required to provide approved, designated off -site Large Scale Development Review- 1700 Biscayne Boulevard (Substantial Modification) November 23, 2010 Page 2 of 3 parking for workers and a shuttle service to the work site. The parking / shuttle plan shall be coordinated with the local. City of Miami NET Service Center. 7, All greenspa.ce and landscaping required by the Zoning Ordinance must be accommodated on private property. Greenspa.ce and landscaping within the public right of way cannot be included in the calculations for meeting greenspace zoning requirements. 8. City of Miami driveway entrances, in compliance with A.D.A. standards, shall be required. Continuous sidewalk is required across driveway entrances. A copy of the standard detail may be obtained froth the Public Works Department. 9. A permit is required from the Florida Department of Transportation for this project and any work within the Biscayne Boulevard right -of -Way. 10. The proposed Pigeon Plum trees and Sabal Palms cannot be located within the comer visibility triangle at the intersection of NE 17 Terrace and Biscayne Boulevard. 11. Since this project is more than one acre in total construction area, the methods of construction must comply with the City of Miami Municipal Separate Storm Sewer Permit (MS4). This project will require a Florida Department of Environmental Protection (DEP) Stoxmwater, Erosion and Sediment permit. For information on a DEP permit application, please contact the Public Works Department at (305) 416-1200 or w ww.dep.state.fLus./water/stonuwater/npdes. In addition to these comments, the.Public Works Department will require the following street improvements: Biscayne Boulevard: Hardscape and landscaping improvements shall conform to Florida Department of Transportation plans, Fin.Proj. No. 414624-1-52-01. A permit is required from the F.D.O.T. for any work within the Biscayne Boulevard right-of-way. NE 17 Street: Replace damaged sidewalk, curb and gutter on the north side of the roadway adjacent to the project site. Construct new median curb on the perimeter of the medians. Mill and resurface the west bound roadway lanes between Biscayne Boulevard and NE 2 Avenue. Re -sod parkway planters and the medians. NE 2 Avenue: Replace damaged sidewalk on the east side of the roadway adjacent to the project site. Construct new curb and gutter, on the eastside of the roadway adjacent to the project site. Rebuild the north bound lanes between NE 17 Street and NE 17 Terrace to the centerline of the avenue to conform to the new gutter grade. Re- sod parkway planters. NE 17 Terrace: Replace damaged sidewalk on the south side of the roadway adjacent to the project site. Construct new curb and gutter on the south side of the roadway adjacent to the project site. Rebuild the eastbound lanes between NE 2 and Biscayne Boulevard to the centerline of the terrace to confoiui to the new gutter grade. Re -sod parkway planters. Large Scale Development Review- 1700 Biscayne Boulevard (Substantial Modification) November 23, 2010 Page 3 of 3 In addition, pavement restoration for all water and sewer extensions, existing damaged. pavement and pavement damaged during construction, as determined by the City inspector, shall include milling and resurfacing of the full pavement width, curb to curb, along the entire length of the excavation and / or damaged pavement area. A thorough cleaning of all stormwater drainage inlets and storm. sewer pipes adjacent to the building site shall be required at the completion of the project. The streets and avenues adjacent to the project site must be clear of dust and construction debris at all times. Construct A.D.A. compliant handicap ramps at the street intersections adjacent to the project site. If you have any questions concerning these comments, please call Mr. Leonard Helmers, Professional Engineering IV, at extension 1221. NI/JS �Y}il/ms i(23/a, c: ZYSCOVICH ARCITECTS 100 North Biscayne Boulevard, 27th Floor Miami, FL 33132-2304 Nzeribe Ihekwaba, Ph.D., P.E., Director of Public Works Barnaby Min, Zoning Administrator, Zoning Dept. Roberto Lavernia, Chief of Land Development, Planning Dept. Juvenal Santana, P.E., Chief Civil Engineer, Public Works Dept. Development and Roadway Plan Section Central -Date: November 30, 2010 To: Lilia Medina, AICP From: Raj Shanmugam, P.E. Memorandum Subject: 1700 Biscayne Blvd MUSP (Review # 12) Preliminary Comments The following issues need to be addressed and the additional information requested need to be presented to complete our review of the traffic study: 1. Confirm the 'Existing Use' data presented in Table 6 is accurate; it is inconsistent with the data previously presented in 2008 for the same site; 2. What percentages were used to split the in/out traffic for the site as presented in Table 6? Is that consistent with the ITE data; 3. Explain how the project internalization factor of 10% is achieved; 4. Referring to Figure 6, all project trips on NE 2nd Avenue coming from the north and the south are assigned to NE 17th Terrace instead of being distributed between NE 17th Terrace and NE 17th Street; similarly, all project trips on Biscayne Boulevard coming from the south are assigned to NE 17th Street — what is the rationale? Revise all analysis, if necessary resulting from these corrections; 5. Confirm the data presented in Figure 8 is accurate; for example, the existing 92 trips on NE 17th Terrace are omitted. Revise all analysis resulting from these corrections; 6. Vehicle maneuverability details entering and exiting the site and within the parking garage need to be presented. Please show if the vehicle maneuverability is different for any given floor or if it is consistent throughout all the floors; 7. The traffic study is based on higher future vehicle occupancy (1.6 persons per vehicle), and a 10% reduction for Pedestrian/Bicycle use per City of Miami procedures, and the use of available public transportation in the City of Miami. As such, the traffic study needs to present a Transportation Control Measures (TCM) plan, and the development approval of this site should be conditioned upon this TCM recommendations being implemented to recognize the credits given towards the transportation concurrency management. Should you have any questions please call me at 954.739.1881 Cc: Mr. Antonio E. Perez, Planner, City of Miami (Fax: 305.416.1443) Mr. Richard Garcia, Richard Garcia & Associates (Fax: 305-675-6474) URS Corporation Southern 3343 W. Commercial Boulevard, Suite 100 Fort Lauderdale, Florida 33309-6375 Tel: (954) 739 1881 Fax: (954) 739 1789 C I. T Y 0 F MIA MI PLANNING IDEPARTMENT URBAN DEVELOPMENT REVIEW BOARD (UDRB) RESOLUTION FOR RECOMMENDATION UDRB MEETING 0 1- 1 9- 2 0 1 1 Item No. 1: A motion was made by Rudolph Moreno and seconded by Dean Lewis for a resolution recommending to the director of the Department of Planning Approval with Conditions of a Substantial Modification to a MUSP for the project 1700 Biscayne Boulevard located at 1700 Biscayne Boulevard with a vote of 6 to 0. Vote List: Yes No Recused Absent Todd B. Tragash, Chairman X ■ ■ ■ Julio Diaz; Vice Chairman X • • • Robert Behar ■ ■ ■ X Ernesto Santos X ■ ■ ■ Robin Bosco ■ ■ O X Dean Lewis X ■ ■ ■ Rudolph Moreno X ■ ■ ■ Willy Bermelho X ■ ■ ■ Conditions: • Work with City staff to resolve the relocation of existing Palm trees. • Articulate the facrade on the NE corner parking garage and study the transition between the parking garage (podium) and the tower. (North Facrade) Attest: �Frrancisdo Garcia, Director Pe : S i1 os• a ez, UDRB Officer Miami -Dade Count Public Schools Superintendent of Schools Alberto All. Caivelho February 11, 2011 VIA ELECTRONIC MAIL Steven J. Wernick, Esquire c/o Vicky Garcia -Toledo , Esquire Bilzin Sumberg 1450 Brickell Avenue, Suite 2300 Miami, FL 33131-3456 giving our students the world Miami -Dade County School Board Perla Tabares Hanttnan. Chair Dr. Lawrence S. Feldman. Vice Chair Dr. Dorothy Bendross-Mindingall Carlos L. Cuthelo Renter Diaz de la Portilla Dr Wilbert "Tee" Holloway Dr. Marlin Karp Dr. Marta Perez Raquel A. Regalado RE: PUBLIC SCHOOL CONCURRENCY DETERMINATION — EXTENSION No. 1 1700 BISCAYNE BOULEVARD — MIDGARD MANAGEMENT INC. LOCATED AT 1700 BISCAYNE BOULEVARD SP0110050400131 - Folio No. 0132310050100 Dear Applicant: We have processed your request to extend the school concurrency capacity reservation for the above - referenced application, under Master Concurrency Number MA0110050400131. The school capacity reservation for this Site Plan application will expire on May 13, 2012. Concurrency reservation may be extended for additional one-year periods, provided 1) City of Miami confirms the application is still valid; 2) you request an extension at least 120 days 'prior to the expiration date, via email address concurrency@dadeschools.net. and 3) the total reservation period does not exceed six years from the original effective date of this certificate. Failure to request an extension at least 120 days prior to the expiration date will result in revocation of the reservation, and a new application must be submitted. Extensions will be granted, upon payment of the corresponding review fee and acknowledgement from the local government. The reservation period may not exceed the term of the development approval issued by the City of Miami. Should you have any questions, please feel free contact me at 305-995-4501. Ivan M. Rodriguez. Director It IMR:mo L292 Attachment cc: Ms. Ana Rijo-Conde, AICP City of Miami Ms. Vivian G. Villaamil School Concurrency Master File Facilities Planning, Design, and Sustainability Ana Rijo-Conde, AICP, Eco-Sustainability Officer • 1450 N.E. 2nd Ave. • Suite 525 • Miami, FL 33132 305-995-7285 • 305-995-4760 (FAX) • arijo@dadeschools.net Concurrency Management System (CMS) Miami Dade County Public Schools MDCPS Application Number: Date Application Received: Type of Application: Applicant's Name: Address/Location: Master Folio Number: Additional Folio Number (s): PROPOSED # OF UNITS SINGLE-FAMILY DETACHED UNITS: SINGLE-FAM ILY ATTACHED UNITS: MULTIFAMILY UNITS: Miami -Dade County Public Schools Concurrency Management System School Concurrency Determination SP0110050400131 5/4/2010 11:03:14 AM Site Plan volicl 1)nlil: Approved uy• Ll \` t Local Government (LG): Miami LG Application Number: 07-01268rnu Sub Type: Redevelopment School Concurrency Reservation Extension 10i.01r.:ovr:111r, r l Ackntnvk',le.µ:moral y- . / I, ;'Ci/l 1700 Biscayne Blvd MUSP Midgard Mgt Inc. c/o A Vic 200 S Biscayne Blvd., Suite 2500, Miami, FL 33131-5340 013231005010D 0132310050110, 0132310050120, 0132310050130, 0132310050140, 0132310050150, 0132310030160, 0132310030150, 0132310030190, 0132310031120, 0132310030011, 672 0 0 672 CONCURRENCY SERVICE AREA SCHOOLS CSA Id Facility Name Net Available Capacity Seats Required Seats Taken LOS Met Source Type 5931 PHILLIS WHEATLEY ELEMENTARY I87 75 75 YES Current CSA 6361 JOSE DE DIEGO MIDDLE 263 34 34 YES Current CSA 7791 BOOKER T WASHINGTON SENIOR HIGH 911 47 47 YES Current CSA ADJACENT SERVICE AREA SCHOOLS *An Impact reduction of 14.01% included for charter and magnet schools (Schools of Choice). MDCPS has conducted a public school concurrency review for this application and has determined that it DOES MEET (Concurrency Met) all applicable LOS Standards for a Final Development order as adopted in the local Government's Educational Element and incorporated in the Interlocal Agreement for Public School Facility Planning in Miami -Dade County. Master Concurrency MA0110050400131 Number: Issue Date: 5/13/20,n 3:32:05 PM Expiration Date: DC Administrator Total Number 672 of Units: Capacity Elementary:75 / Middle:34 / Senior: 47 Reserved: MDCPS Autho 1450 NE 2 Avenue, Room 525, Miami, Florida 3.,132 / 305-995-7634 / 305-995-4760 fax/ concurrency@dadeschools.net ~ Bilzin Sumberg ATTORNEYS AV L.A'vV April 13, 2011 Via Electronic Mail City of Miami Hearing Boards Section Miami Riverside Center, Seventh Floor 444 S.W. Second Avenue Miami, FL 33131 Attn: Anel Rodriguez Steven J. Wemick, Esq. Tel 305.350.7377 Fax 305.351.2275 swernick cC�bilzin.com Re: Substantial Modification to 1700 Biscayne Blvd. MUSP/MDAD Land Use Zoning and Airspace Analysis Dear Mr. Rodriguez: Enclosed herein please find a copy of an approval by the Miami -Dade Aviation Department ("MDAD"), dated April 8, 2011, of that certain Land Use Zoning and Airspace Analysis for the above - referenced substantial modification to 1700 Biscayne Blvd MUSP (the "MUSP"). Based on the available information included in the application, MDAD has determined that the land use and applicable heights of the three proposed towers in connection with the MUSP are compatible with operations at Miami International Airport and conform to the amended Miami International Airport (Wilcox Field) Zoning Ordinance, as approved by the Miami -Dade County Commission in July 2007. Please update your records to reflect this information. Thank you for your attention to this matter. Steven J. Wemick Enclosure cc: Tony Perez, City of Miami A. Vicky Garcia Toledo, Esq. MIAMI 2507107.1 7572834744 BILZIN SUMBERG BAENA PRICE & AXELROD LLP 1450 Brickell Avenue, Suite 2300, Miami, FL 33131-3456 Tel 305.374.7580 Fax 305.374.7593 TM MIAMI INTERNATIONAL AIRPORT Commercial Airport Miami International Airport General Aviation Airports: Dade -Collier TraininS & Transition Homestead General Kendall•Tamiami 6cecullve Opa•lucka Opa-lodca West April 8, 2011 Mr. James Goldstein Brickell North Investments, Inc. 1475 W Cypress Creek Road, Suite 202 Fort Lauderdale, FL 33309 Miami -Dade Aviation Department P.O. Box 025504 Miami, Florida 33102-5504 T 305-876-7000 F 305-876-0948 www.miami-airport.com miamidade.gov RE: Determination Number DN-11-03-529 Land Use Zoning and Airspace Analysis for 1700 Biscayne Boulevard (Large Scale Application) Dear Mr. Goldstein: The Miami -Dade Aviation Department (MDAD) is in receipt of your submittal for a land use zoning/airspace analysis and determination for three buildings located at 1700 Biscayne Boulevard, Miami, Florida. Land Use Review: Based on the available information, MDAD has determined that a residential/hotel building (Tower 1), residential building (Tower 2), and residential/hotel/office building (Tower 3) at the referenced location is compatible with operations from Miami International Airport. Airspace Review: Our review finds that the maximum heights of 607 feet AMSL (Above Mean Sea Level) for Tower 1, 450 feet AMSL for Tower 2, and 497 feet AMSL for Tower 3 at this location conform to the amended Miami International Airport (Wilcox Field) Zoning Ordinance, approved by the Miami -Dade County Commission on July 2007. This height determination is an estimate issued on a preliminary or advisory basis. Please note that as a preliminary height determination it does not constitute approval by MDAD for construction until coordination and a "No -Hazard" determination from the Federal Aviation Administration (FAA) is obtained. Please note, any proposed construction at this location reaching or exceeding 200 feet AMSL (Above Mean Sea Level) is required to be filed with the Federal Aviation Administration (FAA) using -Form 7460-1 -`Notice - of Proposed Construction Alteration for Determination of Known Hazards'. In addition, any construction April 8, 2011 Mr. James Goldstein Page 2 cranes for this project at this location reaching or exceeding 200 feet AMSL must be filed by the construction contractor using the same form. Thus, for any crane reaching or exceeding 200 feet AMSL, FAA form 7460-1 must be filed. The form is available through this office or through the FAA website: https://oeaaa.faa.gov. This form should be mailed to: Federal Aviation Administration, Air Traffic Airspace Branch - ASW-520, 2601 Meacham Blvd, Ft. Worth, TX 76137-0520. Alternatively, the applicant may "e-file" online at https://oeaaa.faa.gov. In addition, MDAD's Planning Division must review and approve the construction cranes height and locations associated with this construction project. The crane operator is required to complete a permissible crane height determination form which may be found on the MDAD webpage at the following location: http://www.miami-. aiiport.com/html/mia _planning forms and maps.html (select "Permissible Crane Height Determination Form"). The completed form is to be submitted to MDAD's Planning Division allowing for 5 days to review and approve the crane(s). Based on the above, MDAD would not object to a proposed structure height that conforms to the Miami International Airport (Wilcox Field) Zoning Ordinance as long as: 1) The FAA determines that the construction of a building at the above mentioned height will not diminish or affect the safety, efficiency or capacity of the Miami International Airport in any way; and 2) The FAA issues a "Determination of No Hazard" for this project and location; and 3) An interested party does not file a "petition for review" to the FAA's aeronautical study that has yet to be completed for this project and location. Please note that the airspace review process is governed by two different regulations: the Code of Miami -Dade County Article XXXVII, Miami International Airport (Wilcox Field) Zoning, and Federal Regulation Title 14 Part 77. The FAA has its own airspace evaluation requirements, and issues airspace determinations for structures and cranes based on the particular facts then presented before the FAA. The County's Aviation Department or the applicable municipal building official determines whether the County's height limitations are met, and FAA determines whether FAA building, marking and height requirements are met. It is the responsibility of the Aviation Department to administer and enforce the regulations prescribed in the Miami International Airport (Wilcox Field) Zoning Ordinance. Furthermore, please note that upon completion of this project, no Certificate of Use and Certificate of Occupancy shall be issued by a municipality or Miami -Dade County until approval is obtained by this office certifying -that the structure was built no higher that the height approved by this letter. The approval shall be issued by this office after submittal by April 8, 2011 Mr. James Goldstein Page 3 applicant of the required information as outlined in the Miami International Airport (Wilcox Field) Zoning Ordinance, Section 33-349 Airspace Approvals, Paragraph A, Subsection 2. This determination is based, in part, on the description provided to us by you, which includes specific building locations and heights. Any changes in building locations/layouts or heights will void this determination. Any future construction or alteration, including an increase to heights requires separate notice to the FAA and MDAD. Should you have any questions, please feel free to contact me at 305-876-8080. Resp JR/r C: os, R.A. of Aviation Planning Section Sunil Harman Lourdes Slazyk, City of Miami Antonio E. Perez, City of Miami File Zoning City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-01268mm Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13, 17, AND 22 OF ZONING ORDINANCE NO.11000, AS AMENDED, FOR 1700 BISCAYNE BOULEVARD PROJECT, TO BE LOCATED AT APPROXIMATELY 1700 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS FOLLOWS: A) INCREASING GROSS LOT AREA AND NET LOT AREA, FROM 152,811 SQ FT. TO 198,614 SQ. FT. AND FROM 103,408 SQ. FT. TO 132,593 SQ. FT., RESPECTIVELY, B) ADDING A NEW TOWER No.3 WITH 153 RESIDENTIAL UNITS, 216 HOTEL ROOMS AND 100,051 SQ. FT. OF OFFICE SPACE, FOR A TOTAL COMBINED AREA OF 431,014 SQ. FT. WITH A HEIGHT OF APPROXIMATELY 499' N.G.V.D, C) DECREASING THE HEIGHT OF TOWER No.2 FROM 552' TO 452' N.G.V.D.; THE RESIDENTIAL AREA AND UNITS FROM APPROXIMATELY 520,328 SQ. SQ. FT. TO 385,278 SQ. FT.; AND No. OF UNITS, FROM 358 TO 258, D) INCREASING THE TOTAL NUMBER OF PARKING SPACES FROM 1,369 TO APPROXIMATELY 1,507, E) INCREASING TOTAL RETAIL SPACE FROM 140,281 SQ, FT. TO APPROXIMATELY 181,183 SQ. FT., AND LOBBY SPACE FROM 3,734 SQ. FT. TO 4,638 SQ. FT. MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 6, 2010, A. Vicky Garcia -Toledo, Esquire, on behalf of Biscayne Arts, LLC, Miami Proarts II, Inc. and Brickell North Investments, Inc. (referred to as "APPLICANT"), submitted a complete Application for Substantial Modification to a previously approved Major Use Special Permit for the 1700 Biscayne Boulevard (07-01268mm) (referred to as "PROJECT") pursuant to Articles 13, 17, and 22 of Zoning Ordinance No. 11000, for the properties located at approximately 1700 Biscayne Boulevard, Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and WHEREAS, development of the Project requires the issuance of a Substantial Modification to a Major Use Special Permit pursuant to Articles 13, 17, and 22 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on December 1, 2010 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on January 19, 2011, to consider the proposed project and recommended -; and WHEREAS, the Miami Planning, Zoning, and Appeals Board, at its meeting on May 4, 2011, following an advertised public hearing, adopted Resolution No. PAB-*-* by a vote of - to - (-), item No. City of Miami Page 1 of 11 File Id: 07-012681 nn (Version: I) Printed On: 4/25/2011 File Number: 07-01268mm PZAB,4, recommending approval with conditions of the Substantial Modification to a previously approved Major Use Special Permit Development Order as set forth; 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 Substantial Modification to a previously approved Major Use Special Permit Development Order, incorporated within, is approved subject to the conditions specified in the Development Order, per Articles 13, 17, and 22 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the APPLICANT, at approximately 1700 Biscayne Boulevard, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the substantial modification of the project of 1700 Biscayne Boulevard project as follows: a) to increasing gross lot area and net lot area, from 152,811 sq ft. to 198,614 sq. ft. and from 103,408 sq. ft. to 132,593 sq. ft., respectively, b) to add a new tower No.3 with 153 residential units, 216 hotel rooms and 100,051 sq. ft. of office space, for a total combined area of 431,014 sq. ft. with a height of approximately 499' N.G.V.D, c) to decrease the height of tower No.2 from 552' to 452' N.G.V.D.; the residential area and units from approximately 520,328 sq. sq. ft. to 385,278 sq. ft.; and no. of units, from 358 to 258, d) to increase the total number of parking spaces from 1,369 to approximately 1,507, and e) to increase the total retail space from 140,281 sq, ft. to approximately 181,183 sq. ft., and lobby space from 3,734 sq. ft. to 4,638 sq. ft. Section 4. The Substantial Modification to a previously approved Major Use Special Permit Application for the Project also encompasses the lower ranking Special Permits as set forth in the Development Order. Section 5. The findings of fact set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as amended. b. The PROJECT is in accord with the proposed SD-6 (Central Commercial Residential District) zoning classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the PROJECT that have been found by the City Commission (based upon facts and reports prepared or submitted by staff or others) to adhere to the following Design Review Criteria subject to the any applicable conditions in the Development Order herein: DESIGN REVIEW CRITERIA I) Site and Urban Planning: APPLICABILITY COMPLIANCE Design Review Criteria Applicability Compliance (1) Respond to the physical contextual Yes Yes environment taking into consideration urban form and natural features; Ciry of Miami Page 2 of 11 File Id: 07-01268mne (Version: I) Printed On: 4/25/2011 File Number 07-01268mm (2) Sitting should minimize the impact Yes Yes of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner lots should Yes Yes be oriented to the corner and public street fronts. II) Architecture and Landscape Architecture: Design Review Criteria Applicability Compliance (1) A project shall be designed to Yes Yes* comply with all applicable landscape ordinances; (2) Respond to the neighborhood Yes Yes*' context; (3) Create a transition in bulk and Yes Yes scale; (4) Use architectural styles and details Yes Yes (such as roof lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building facade Yes Yes vertically and horizontally in intervals that conform to the existing structures in the vicinity. III) Pedestrian Oriented Development: Design Review Criteria Applicability Compliance (1) Promote pedestrian interaction; Yes Yes (2) Design facades that respond Yes Yes primarily to the human scale; (3) Provide active, not blank facades. Yes Yes* Where blank walls are unavoidable, they should receive design treatment. IV) Streetscape and Open Space: Design Review Criteria Applicability Compliance (1) Provide usable open space that Yes Yes allows for convenient and visible City of Mianti Page 3 of 11 File Id: 07-01268nun (Version: 1) Printed On: 4/25/2011 File Number. 07-01268mm pedestrian access from the public sidewalk; (2) Landscaping, including plant Yes Yes* Material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. V) Vehicular Access and Parking: Design Review Criteria Applicability Compliance (1) Design for pedestrian and Yes Yes vehicular safety to minimize conflict points; (2) Minimize the number and width Yes Yes of driveways and curb cuts; (3) Parking adjacent to a street front Yes Yes should be minimized and where possible should be located behind the building; (4) Use surface parking areas as N/A district buffer. VI) Screening: Design Review Criteria Applicability Compliance (1) Provide landscaping that screen Yes Yes undesirable elements, such as surface parking lots, and that enhances space and architecture; (2) Building sites should locate Yes Yes service elements like trash dumpster, loading docks, and mechanical equipment away from street front where possible. When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front they should be situated and screened from view to the street and adjacent properties; (3) Screen parking garage structures with program uses. Where program Yes Yes City of Miami Page 4 of 11 File Id: 07-01268mm (Version: 1) Printed On: 4/25/2011 File Number: 07-01268mm uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. VII) Signage and Lighting: Design Review Criteria Applicability Compliance (1) Design signage appropriate for Yes N/A** the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design feature Yes N/A** to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to minimize Yes glare to adjacent properties; (4) Provide visible signage identifying Yes building addresses at the entrance(s) as a functional and aesthetic consideration. VIII) Preservation of Natural Features: N/A** N/A** Design Review Criteria Applicability Compliance (1) Preserve existing vegetation and/or Yes Yes* geological features whenever possible. IX) Modification of Nonconformities: Design Review Criteria Applicability (1) For modifications of nonconforming N/A ructures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform to current regulations shall be designed to conform to the scaleand context of the nonconforming structure. N/A *Compliance is subject to conditions. ** Not applicable at this time, subject to review and approval. Compliance These findings have been made by the City Commission to approve this project with conditions. d. Pursuant to Section 1305.3. of the Zoning Ordinance, the use and occupancy of the proposed project have been found by the City Commission to adhere to other specific City ofMiann Page 5 of 11 File Id: 07-012681nm (Version: 1) Printed On: 4/25/2011 File Number: 07-01268mm consideration(s) set forth in the zoning ordinance, the City Code, and other applicable regulation(s). e. Pursuant to 1305.3.1. of the Zoning Ordinance, the adequacy of the manner in which the proposed use will operate, given its specific location and proximity to less intense uses, has been found by the City Commission to adhere to other specific consideration(s) set forth in the zoning ordinance, the City Code and other applicable regulation(s), with particular consideration given to protecting the residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts, and the spillover effect of light. f. The PROJECT is expected to cost approximately $ 631,314,800, and to employ approximately 2,005 workers during construction (FTE-Full Time Employees); The PROJECT will also result in the creation of approximately 536 permanent new jobs (FTE) and will generate approximately $ 4,596,418 annually in tax revenues to the City (2011 dollars). g. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; (2) the PROJECT will efficiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Substantial Modification to a Major Use Special Permit; (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (5) the PROJECT will efficiently use necessary public facilities; (6) the PROJECT will not negatively impact the environment and natural resources of the City; (7) the PROJECT will not adversely affect living conditions in the neighborhood; (8) the PROJECT will not adversely affect public safety; (9) based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (10) any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority participation and employment, and minority contractor/subcontractor participation will be mitigated through compliance with the conditions of this Substantial Modification to a Major Use Special Permit. Section 6. The Substantial Modification to a Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANT and any successors in interest. Section 7. The application for Substantial Modification to a previously approved Major Use Special Permit, which was submitted on May 6, 2010, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference. Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the PROJECT, incorporated within. Section 10. issued. The Major Use Special Permit Development Order for the PROJECT is granted and Section 11. In the event that any portion or section of this Resolution or the Development Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, City of Miami Page 6 of 11 File Id: 07-01268mm (Version: I) Printed On: 4/25/2011 File Number: 07-01268mm such decision shall in no manner affect the remaining portions of this Resolution or Development Order which shall remain in full force and effect. Section 12. The provisions approved for this Substantial Modification to a previously approved Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Substantial Modification to a previously approved Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. Section 14. of the Mayor. {1} This Resolution shall become effective immediately upon its adoption and signature DEVELOPMENT ORDER Let it be known that pursuant to Articles 13, 17, and 22 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Substantial Modification to a previously approved Major Use Special Permit for 1700 Biscayne Boulevard (07-01268mm), (hereinafter referred to as the "PROJECT") to be located at approximately 1700 Biscayne Boulevard, Miami, Florida (see legal description on "Exhibit A", attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Planning, Zoning, and Appeals 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 Substantial Modification to a previously approved Major Use Special Permit and issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a mixed use development to be located at approximately 1700 Biscayne Boulevard, Miami, Florida. The PROJECT is located on a gross lot area of approximately 4.56± acres and a net lot area of approximately 3.04± acres of land (more specifically described on "Exhibit A", incorporated herein by reference). The remainder of the PROJECT's Data Sheet is attached and incorporated as "Exhibit B". The proposed PROJECT will be a mixed use development comprised of three towers with a maximum height of approximately 609' - 0" N.G.V.D feet housing approximately 672 total multifamily residential units with recreational amenities; approximately 505 hotel rooms; approximately 4,638 square feet of lobby space, approximately 100,051 square feet of office; approximately 181,183 square feet of retail space; and approximately 1,507 total parking spaces. The Substantial Modification to a previously approved Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits: Substantial Modifications to a Major Use Special Permit, as per Article 22, Section 2215.1 to allow: City of Miami Page 7 of 11 File Id: 07-01268min (Version: 1) Printed On: 4/25/2011 File Number. 07-01268mm (b) The base footprint of the building is proposed to be moved by more than ten (10) feet in any horizontal direction (New Tower No.3 added to the project on additional land made part of the project totaling 0.67 net Acres). The Substantial Modification to the Major Use Special Permit encompasses the following Special Permit: CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 606.3, Class II Special Permit, to allow a new development in SD-6 district; All Special Permits and Requests approved under MUSP Resolution No. 09-0201, will remain in full force and effect. Pursuant to Articles 13, 17, and 22 of Zoning Ordinance No. 11000, approval of the requested Substantial Modification to a previously approved Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Zyscovich Architects, dated April 19, 2010; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Zyscovich Architects and Urban Resorce Group, dated April 19, 2010; said design and landscape plans may be permitted to be modified only to the extent necessary to comply with the conditions for approval imposed herein; all modifications shall be subject to the review and approval of the Planning Director prior to the issuance of any building permits; and The PROJECT conforms to the requirements of the proposed SD-6 (Central Commercial -Residential district) zoning classification, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The proposed comprehensive plan future land use designation on the subject property allows the proposed uses. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. City of Miami Page 8 of 11 File Id: 07-01268mm (Version: I) Printed On: 4/25/2011 File Number: 07-01268mm 4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a shell permit. 5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for Development Approval, with the understanding that the APPLICANT must use its best efforts to follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide. 6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. 7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP permit resolution and development order, and further, an executed, record able unity of title or covenant in lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's Office. 8) Provide the Planning Department with a temporary construction plan that includes the following: a temporary construction parking plan, with an enforcement policy; a construction noise management plan with an enforcement policy; and a maintenance plan for the temporary construction site; said plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this Major Use Special Permit. 9) In so far as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and detailed requirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order or captioned in the plans approved by it. 10) If the project is to be developed in phases, the Applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director. 11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following condition, prior to the issuance of any building permit: (a) Provide the Planning Department with details coordinated with Code Enforcement, Public Works, and Parks & Recreation Departments to plant trees that cannot be accommodated on -site or will require payment per tree into the City's Tree Trust Fund. Required tree replacement/mitigation for trees allowed to be removed are in addition to landscape ordinance requirements; (b) attains the sufficiency letter from the City's Traffic Consultant, URS Corp. 12) Pursuant to comments by the City of Miami Public Works Department, the following street improvements shall be required to the applicant: (a) Biscayne Boulevard: Hardscape and landscaping improvements shall conform to Florida Department of Transportation plans, Fin.Proj. No. 414624-1-52-01. A permit is required from the F.D.O.T. for any work within the Biscayne Boulevard right-of-way, (b) NE 17 Street: Replace damaged sidewalk, curb and gutter on the north side of the City of Miami Page 9 of 11 File Id: 07-012681nm (Version: 1) Printed On: 9/25/2011 File Number: 07-01268mm roadway adjacent to the project site. Construct new median curb on the perimeter of the medians. Mill and resurface the west bound roadway lanes between Biscayne Boulevard and NE 2 Avenue. Re -sod parkway planters and the medians, (c) NE 2 Avenue: Replace damaged sidewalk on the east side of the roadway adjacent to the project site. Construct new curb and gutter on the eastside of the roadway adjacent to the project site. Rebuild the north bound lanes between NE 17 Street and NE 17 Terrace to the centerline of the avenue to conform to the new gutter grade. Resod parkway planters, (d) NE 17 Terrace: Replace damaged sidewalk on the south side of the roadway adjacent to the project site. Construct new curb and gutter on the south side of the roadway adjacent to the project site. Rebuild the eastbound lanes between NE 2 and Biscayne Boulevard to the centerline of the terrace to conform to the new gutter grade. Re -sod parkway planters. 13) Within 90 days of the effective date of this Development Order, record a certified copy of the Development Order specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. THE CITY SHALL: Establish the operative date of this Permit as being thirty (30) days from the date of its issuance; the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the provisions of the Permit. CONCLUSIONS OF LAW The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations and further, pursuant to Section 1703 of the Zoning Ordinance: (1) the PROJECT will have a favorable impact on the economy of the City; and (2) the PROJECT will efficiently use public transportation facilities; and (3) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) the PROJECT will efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. REVIEWED AND APPROVED OFFICE OF THE CITY ATTORNEY: Initial Date City of Miami Page 10 of 11 File Id: 07-01268mm (Version: 1) Printed On: 4/25/2011 File Number: 07-01268mm 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 11 of 11 File Id: 07-01268nnn (Version: 1) Printed On: 4/2S/2011 EXHIBIT "A" COMPLETE LEGAL DESCRIPTION COMBINING ALL LOTS Lots 15, 16, and 17, Block 4, RICE AND SULLIVAN SUBDIVISION, according to the plat thereof recorded in Plat Book 4, Page 64, Public Records of Miami -Dade County, Florida, LESS that certain strip off the East side of the land conveyed to the City of Miami, Florida, and described as follows: Beginning at the Southeast corner of Lot 15 aforesaid as the POINT OR PLACE OF BEGINNING: thence, run West along the South line of said lot for a distance of 17.64 feet to a point; thence run Northeasterly a distance of 166.317 feet more or less to a point on the North line of said lot, which point is 6.81 feet West of the Northeast corner thereof; thence, run East on the North line of said lot a distance of 6.81 feet to the Northeast corner thereof; thence, run South a distance of 165.90 feet, more or less, to the POINT OR PLACE OF BEGINNING, LESS AND EXCEPT RIGHT-OF-WAY DEDICATION PARCEL: That portion of the remainder of Lot 15 lying West of the West Right -of -Way line of Biscayne Boulevard, Block 4, RICE AND SULLIVAN SUBDIVISION, according to the plat thereof recorded in Plat Book 4, Page 64, Public Records of Miami -Dade County, Florida, being more particularly described as follows: The external area of a circular curve concave to the Northwest and having a radius of 25 feet and tangents which are 50 feet Westerly of and parallel with the centerline of Biscayne Boulevard and 40 feet North of and parallel with the centerline of N.E. 17th Street. AND Parcel 1: Lots 1 and 2, Block 12, THIRD AMENDED MAP OF MIRAMAR, according to the Plat thereof, as recorded in Plat Book 5 at Page 4, Public Records of Miami -Dade County, Florida. Parcel 2: Lots 20 and 21, Block 4, RICE, AND .SULLIVAN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 4 at Page 64, Public Records of Miami -Dade County, Florida. Parcel 3: Lots 22 and 23, Block 4, RICE SULLIVAN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 4 at Page 64, Public Records of Miami -Dade County, Florida. Parcel 4: Lots 3 and 4, Block 12, MIRAMAR SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 5 at Page 4, Public Records of Miami -Dade County, Florida. AND - Lots 18 and 19 Block 4 of RICE -AND SULLIVAN SUB -DIVISION, according to the Plat thereof, as recorded in Plat Book 4, Page 64, of the Public Records of Miami -Dade County, Florida. AND PARCEL A: All that part of Lot 1, Block 13, lying West of the Westerly right of way line of Biscayne Boulevard, as established by the City of Miami Monument Lines, and all of Lots 2 and 3, Block 13, of Miramar, according to the Plat thereof, as recorded in Plat Book 5, Page 4 of the Public Records of Miami -Dade County, Florida. PARCEL B: All of Lot 4, Block 13, of Miramar, according to the Plat thereof, as recorded in Plat Book 5, Page 4 of the Public Records of Miami -Dade County, Florida. PARCEL C: All of Block B, of Miramar, according to the Plat thereof, as recorded in Plat Book 5, Page 4 of the Public Records of Miami -Dade County. Containing 132,593 Square feet or 3.04 Acres more or less by calculations. PROJECT DATA 04,19-2010 ;WO a'ea DPEll SPACE REQUIREURITS 135157 1-41,3,11-1 751.311 :41:+i '2.--"M512*trtSs.r.MNIN131.0.51A..9.0 I:A I•5157.153750 PAPSITI0 tiDAMESIOFTITLAL pmeil,a.en.: I13755 I I *1.— I AARAING RES1DFITU 1 M, 114m= 12NN fts MM, 1 fee= PA.70/6 TOTALS n'oakm.“...na ern= howsrem 3111 FaNtiM, 1 mg LIN... 712717751'S13421 5513377533 55517 LOA0016 517313135155171 377177515 rtur.oz.srls 3.3.37571377 4-121MM 7.17NISMI 14M1',.MY ,735.7773 .C.:5141'slatcimal,,r4,417 s':qt We41,1;ix,..454-5 N.1 ZYSCOVICH ARCHITECTS 0,......41+.1.nrcnrz.na wrstearsa as.rd: vmirramt WV.* Exhibit B (1 of 3) FAGGRATA DISTRIBUTION MAYEAS toar .005SF 3771437 MIN Sf liesNMPI at IMut . • ..4MS. NM 2 •N...,t14N ICA7I13-111.75170 INTS: fella , • "I57744 5, ;MN 1 - ININV ONM 10.105751 MIN I.NI57 SF I1355/.0 5055155777720711.lissst traAte.Ar is hyAntJerxig ocriTAA 70115101 1410751. 0107018111M &NW VI stnts TOWER INTOTEL DIS1018410011 try, NMIS ! VNES TOM MINI 2:C TOTA L HOTEL 015111101111011 51017177 I sms ,31 70 :Mt 501 TOM 1- T1ESIDLMAL ROOM SUES I IS:A.10.15 2 emus I 3811MWAS I Xs NS N I NI MITER e- RESIDENTIAL A00A1S1IES 1 NINMS INN;MS 1 3 amx..5 775 TOWER 3- EES10:1,7114.1300.4.4 SIZES 1I EN40.742' 213-'11a011115 35i.q=811 5051 I 14 TOTAL RESIDRITIAL ROW SIZES ter. ious 251 SiNfralS .155 2570570177 I 777137 MI I 472 1700 Biscayne Blvd, Iviietni. FL LOTAI10.4 (GS f) i OPEt SPACE DAGRAM 37 5 L I I - i I 05405,, 10 .61771 (20,657.st on lAc &cod F14,77,93001,7 05ats1 Data Sheet I A-002 53713 APRIL 19, 2010 PRNE(711AIR 04;g4016 176:73isar% e .701•MIGAWAYSIS 511-13 Commuck ftnithmtig rigid; Man WI I MI M57 0...1 I IMMM MG =. FAS IMM11.55 5tra.1:DAUOKE0 AfiMMED SIMPUI I0.53M5MM.M.: Ms, 7.1.441 I tMl.:4155" 14MMI 4.141.1 I 't1.03:45.51.5: I I 701445A5 Mag ItAIM .reattr-41...fm; DENSIN • 21:234 I.VaztS, IFlattif: I IMM65 1.1.1 SAW,' E.W105.44., j 201,WGRSOUIRE1AW75 -Pa:4MM. .44014 RMUMD1512010 PEMMID ht.V.MCF/1.0:4: 1.1.4,V7i0 7011131i..41 I WV I 2.; 40 TO:5 S.. 45 ht4544: ,,,,„...,., IDIM . 4 4.4447.4. i hymn2.4470 (525.4.147X: :432..MM:n IM1.4.1.445E. SOW' MM. 4"44M 1.40, MI 1$4M1144.0M) talf2.1. 45.T.V (4.M54.100 MN: OZ. tangerpsel alPmia.tr,SZasa 15,5. 5,L^.1274' Mit!,17Erra73.4r.± 24, 'SW 11M MSMS.IMF.M4. Vt. S.L* illtiAVIALEZMEX • etitzr4roma• lai,49?, • ZYS COVI C H ARCHITECTS in volt am., xrat....4 n wet moo., .m....41.4 teem= Exhibit B (2 of 3) 1700 Biscayne Blvd. .Ivfinmi, FL () Data Sheet I A-001 nth APRIL 19, 2010 PFVE C 7 DATA o 4.19:gp 10 170 2kc9,r.P24d XO,Y.VGNIAY5J3S0.$-Central Cono ttial&stair aI0ivria HOW het el.'A I pew }?7sn; INtRS?I.v 20.1 not 5..3 LOWO Na I?,411Sc I ltN 559,51tj 74eY Ufm's MAWR 1015247-S3 MYR° HMV -35 7nYR2T49 10,11R2.10 • i06'ri:.45 nee, Ityaf^.. iD IoI0,...074• MM. AD19) tar,C'A m- aide31UtD9-'I MIF}1:A INN 1.5174' !L¢ICMIDJ (6114• 1451- kitho +t0 o I0111112-31?4' ('57i711?rD3 }5ingNa.t. 75ATi2. It?.0 (=3-t'4Ltt '1,574•N.154 -14,5{i9.. 4741, eSncAwG C';•i-4166066i 0.=447: 4.727d .^].Lt3J Allzisi 1G.',EI7t, SWJ,f • Ytt • SCZ-4II NA IO3.MSJ N..::•r" 1,1ES •7i. T3•.5 225 9t7 VE*4135ENL4 IS-P :5':: ll:•S' Wt. mrra I2)3' iiiiIS E7513t:S SC Y. Sfi SG, ItUrvlit655E7E1- 9K' St 84' S4' MAISIAT :-Ia S4.• 6.4,' 9.0 IN? Arty est UN 594 1,607 teen,:. 5110,•80c' I-1,ZSZIn S-iT.GS'.C19 7'. „, 1w4Y `•Ii'1.S:7S 2.7.C.AS 7 +'SSr8)8 3.12818188 tt7^.3'S75 aerli &1I5 1.12'r'9119 1•t657JX.9 ZYSCOVICH ARCHITECTS Iwlw R i� "^ E_ eu+wyc�xv tlm.icn tla'ssYsraT rsu:}yynr mr, 1Yi' Exhibit B (3 of 3) 1700 Biscayne Blvd. .Miami, FL Data Shoot A+003 nts APRIL 19, 2010