HomeMy WebLinkAboutCity Center-PZAB-12.15.10PZAB.3
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID:
Title:
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Planning, Zoning and
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10-00581mu
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS
BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION
OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING
WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO
ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS
AMENDED, FOR THE CITY CENTER PROJECT, TO BE LOCATED AT
APPROXIMATELY 100 NORTHWEST 12TH STREET, 1120 NORTHWEST
1ST AVENUE, 105 AND 113 NORTHWEST 11TH TERRACE, AND
1129,1135, 1145, 1151, AND 1159 NORTHWEST 1ST COURT, MIAMI,
FLORIDA, TO CONSTRUCT A MIXED USE RESIDENTIAL COMPLEX
COMPRISED OF TWO 27 STORY TOWERS WITH 9 STORY PODIUM -
PARKING GARAGE AND A TOTAL MAXIMUM HEIGHT OF AN
APPROXIMATE 254' 6" FOOT A.G.L. (270'-8" N.G.V.D) AT TOP OF ROOF
SLAB, PROVIDING APPROXIMATELY 340 TOTAL MULTIFAMILY
RESIDENTIAL UNITS WITH APPROXIMATELY 392,612 SQUARE FEET OF
FLOOR AREA, 3,130 SQUARE FEET OF RETAIL SPACE AND 478 OFF-
STREET PARKING SPACES; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
Approximately located at 100 NW 12th Street, 1120 NW 1st Avenue, 105 and
113 NW 11th Terrace, and 1129,1135, 1145, 1151, and 1159 NW 1st Court.
[Commissioner Rev. Richard P. Dunn II - District 5]
Ryan D. Bailine, Esquire, on behalf of RNG Overtown LLC and CDG City
Center, Ltd.
SD-16.1 (Southeast Overtown-Park West Commercial -Residential District.1)
This will allow the development of the City Center project..
Recommends Approval with conditions.
See supporting documentation.
December, 15th 2010
ANALYSIS
MAJOR USE SPECIAL PERMIT
for
CITY CENTER
located at approximately
100 NW 12TH Street, 1120 NW 1ST Avenue, 105 and 113 NW 11TH Terrace, and 1129, 1135, 1145, 1151,
and 1159 NW 1ST Court, Miami, Florida
LEGISTAR FILE ID: 10-00581mu
PROJECT PROFILE:
• Mixed use residential project comprised of two 27 story towers with 9 story podium -parking garage;
• Total maximum height of approximately 254' 6" foot A.G.L. (270'-8" N.G.V.D) at the top of roof slab; and
• 392,612 square feet of floor area inclusive of:
➢ Approximately 340 total multifamily residential units
➢ Approximately, 3,130 square feet of retail space
➢ Approximately 478 off-street parking spaces
• Zoning Designation of the subject properties: SD-16.1 (Southeast Overtown-Park West Commercial -
Residential District .1)
Application for the proposed "CITY CENTER" project has been reviewed for a for Major Use Special Permit
pursuant to Zoning Ordinance 11000, as amended, and is subject to the following Special Permits:
• MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, (1), to allow a residential
development involving in excess of two hundred (200) dwelling units;
The Major Use Special Permit includes the following subordinate Special Permits and Requests:
• CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to allow a waiver of the required one (1)
additional foot width dimension of parking stalls abutting a wall, fence, building, or other physical
obstruction.
• CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927, to allow temporary structures,
occupancies, and uses reasonably necessary for construction such as construction fence, covered
walkway and if encroaching public property must be approved by other city departments;
• CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow temporary carnival, festival, fair
or similar type event on privately owned or City -owned land such as a ground breaking ceremony;
• CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916.2.1, to allow parking for temporary special
event such as ground breaking ceremonies;
• CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-street offsite
parking, for construction crews working on a residential commercial project under construction, within SD-
16.1 or more permissive zoning district;
• CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow parking of mobile homes,
trailers or manufactured homes, when authorized for security or other purposes in connection with land
development such as construction trailer(s) and other temporary construction offices such as watchman's
quarters, leasing and sales centers;
06-00415mu
Page 1 of 5
• CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6.3.16, SD-16, 16.1, 16.2 Southeast
Overtown-Park Park West Commercial -Residential District, Temporary Signs (3), to allow temporary
development signs;
• Request authorization from the City Manager or his designee, which authorizes the operation and use of
construction machinery during otherwise prohibited periods of time in the event that such operation or use
is required to eliminate or reduce any dangerous or hazardous conditions which endangers life or
property, pursuant to Chapter 36 NOISE, Section 36-6 of the City Code.
FINDINGS
In determining the appropriateness of the proposed project, the Planning Department referred this
project for additional input and recommendation to:
• Planning Internal Design Review Committee;
• Large Scale Development Committee (LSDC); and
• The Urban Development Review Board;
Recommendations from the aforementioned Committees and Boards have been considered in the
preparation of the following findings:
• The proposed development project will benefit the area by creating new affordable residential units in the
Overtown NET Area, bound by NW 12th Street on the North, NW 11th Terrace on the South, NW 1st Court
on the West, and NW 1st Avenue on the East.
• The proposed project is not located along a Primary Pedestrian Pathway.
• The proposed project is not located within an Archeological Conservation area.
• The proposed project is located within the Southeast Overtown Park West (SEOPW) Development of
Regional Impact (DRI) area. The DRI fees at the time of this analysis have been calculated in the
approximate amount of $ 226,240.27. The reservation for development credit can be made upon approval
of the MUSP by paying: $ 137,806.61 or applicable amount at time or reservation. The remaining the
balance shall be paid prior to obtaining the building permit.
• The proposed residential density of the project (340 units at 295.65 units per acre) is below the maximum
345 units (300 units per acre) on the 1.15 ± net acre site.
• The total floor area proposed for the 2.33± gross acre site is 392,612 square feet (3.87 FAR) is below the
maximum allowed for the site, which is 437,975 square feet at a Floor Area Ratio (FAR) of 4.32
• The maximum height of the proposed structures is approximately 254 feet 6 inches A.G.L. (270'-8"
N.G.V.D) at top of roof slab. Pursuant to Article 6, Section 616.9.2 of Zoning Ordinance 11000, there is no
height limitation within the SD-16.1 District.
• The proposed open space for the project 10,849 sq. ft. is above the minimum required green space
(10,138 sq. ft. at 10% GLA) for this project.
• The proposed total number of parking spaces (approximately 478) for the project is above the required
minimum number of 344 parking spaces.
• The project is expected to cost approximately $ 53.3 million and to employ approximately 350 Full Time
Employees (FTEs) during construction; The project will also result in the creation of approximately 10
permanent new jobs (FTE) for building operation and will generate approximately $ 39,310 annually in tax
revenues to the City (2010 dollars).
06-00415mu
Page 2 of 5
• The Large Scale Development Committee reviewed the project on July 14, 2010 to address the expressed
technical concerns raised at said Large Scale Development Committee meeting.
• The proposed project was reviewed by the Internal Design Review Committee on April 20, 2010, and
provided comments attached hereto.
• The proposed project was reviewed by the Urban Development Review Board on September 15, 2010,
and recommended approval with the following conditions attached hereto.
• On July 14, 2010, the City of Miami Public Works Department provided their standard comments to the
project as well as requiring the following specific street improvements: (1) N.W.1 Avenue: Construct new
sidewalk, curb and gutter and landscaped park way, with trees, adjacent to the project site in accordance
with a street cross section approved by the Public Works Department. Construct new asphalt pavement
between the new curb and centerline of the avenue from N.W. 11 Terrace and N.W. 12 Street, (2) N.W. 1
Court: Repair any of the recently constructed sidewalk, curb and gutter and pavement damaged during
construction of the housing project. Construct individual street tree planters and trees in the existing
asphalt pavement in accordance with Public Works Standards.
• On November 30,2010 the Miami -Dade County Public Schools provided School Concurrency
Determination for the City Center Project, stating that the "MDCPS has conducted a public school
concurrency review for the application and has determined that it DOES MEET (Concurrency Met) all
applicable L.O.S. 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".
• On August 5, 2010 the Miami -Dade Aviation Department provided the Determination Number DN-10-07-
394 Airspace and Land Use Analysis for City Center, stating that "the proposed building at the referenced
location conforms to the Miami International Airport (Wilcox Field) Zoning Ordinance". In addition states
that "any proposed construction at this location reaching or exceeding 200 feet AMSL is required to be
filed with the Federal Aviation Administration (FAA)..."
• On May 3, 2010, the City's Traffic Consultant, URS Corp., reviewed the proposed City Center project
(Review: # 9). Preliminary Comments request an explanation of ancillary nature of the retail space and
encourages transportation Control Measures.
• The "Phase I and Limited Phase II Environmental Site Assessment" dated April 1, 2010, conducted by
Hydrologic and Associates U.S.A., Inc. (HAI) and submitted with the project states:
"In summary, HAI recommends that prior to redevelopment of the site the following
tasks are conducted:
o Removal of the Underground Storage Tanks (UST) present on the site, and
o Reduce exposure of the superficial soils prior to development".
• The project's analysis includes a review under Section 1305.2 of Zoning Ordinance 11000, following the
Design Review Criteria:
I. Site and Urban Planning;
II. Architecture and Landscape Architecture;
III. Pedestrian Oriented Development;
IV. Streets and Open Space;
V. Vehicular Access and Parking;
VI. Screening;
VII. Signage and lighting;
VIII. Preservation of Natural Features; and
IX. Modification of Nonconformities.
06-00415mu
Page 3 of 5
CONDITIONS
Based on these findings, the Planning Department is recommending approval of the City Center 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 Department's discretion, and to
make recommendations concerning security measures and systems; further submit a report to the
Planning Department, prior to commencement of construction, demonstrating how the Police Department
recommendations, if any, have been incorporated into the PROJECT security and construction plans, or
demonstrate to the Planning Director why such recommendations are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANT'S
coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the
review of the scope of the PROJECT, owner responsibility, building development process and review
procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular
access and water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the
PROJECT has addressed all concerns of the said Department prior to the obtainment of a shell permit.
5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor
Participation Plan) submitted to the City as part of the Application for Development Approval, with the
understanding that the APPLICANT must use its best efforts to follow the provisions of the City's
Minority/Women Business Affairs and Procurement Program as a guide, as applicable.
6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of any building
permit:
• 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; and
• Record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title if, applicable,
subject to the review and approval of the City Attorneys Office.
7) Prior to the issuance of a shell permit, provide the Planning Department with a recorded copy of the
documents mentioned in condition (6) above.
8) Provide the Planning Department with a temporary construction plan that includes the following:
• Temporary construction parking plan, with an enforcement policy;
• Construction noise management plan with an enforcement policy; and
• 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.
06-00415mu
Page 4 of 5
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, the applicant shall meet the following conditions to be reviewed and
approved by the Planning Director, prior to the issuance of any building permit:
Urban Design
a. Reduce the project scale to maintain the character of the surrounding properties and neighborhood,
Architecture
b. Provide color elevations and details of the materials to be used on exteriors, as well as ground level
details at a larger scale for review and approval prior to the issuance of any building permit ;
Landscape
c. Submit a complete landscape plan in compliance with City of Miami Landscape and Tree Protection
Ordinance
d. Submit details of all plazas and sidewalk spaces,
Other
e. Attain the sufficiency letter from the City's Traffic Consultant, URS Corp.
f. Comply with the recommendations of the "Phase I and Limited Phase II Environmental Site Assess-
ment" submitted as part of the application; and
g. Revise the phasing strategy so that the proposed phase three is incorporated within phase one or two.
12) Pursuant to comments by the City of Miami Public Works Department, the following specific street im-
provements are required: (1) N.W.1 Avenue: Construct new sidewalk, curb and gutter and landscaped
park way, with trees, adjacent to the project site in accordance with a street cross section approved by the
Public Works Department. Construct new asphalt pavement between the new curb and centerline of the
avenue from N.W. 11 Terrace and N.W. 12 Street, (2) N.W. 1 Court: Repair any of the recently con-
structed sidewalk, curb and gutter and pavement damaged during construction of the housing project.
Construct individual street tree planters and trees in the existing asphalt pavement in accordance with
Public Works Standards.
13) Prior to issuance of any building permit, the applicant shall pay in full the DRI fee (Southeast Overtown
Park West (SEOPW) Development of Regional Impact (DRI) area fees, which at the time of this analysis
have been calculated to be an approximate amount of $ 226,240.27.
14) Within 90 days of the effective date of this Development Order, the Planning Department shall be provided
with a certified copy recorded, specifying that the Development Order runs with the land and is binding on
the Applicant, its successors, and assigns, jointly or severally.
06-00415mu
Page 5 of 5
FUTURE LAND USE MAP
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1 1 1 1 1 1 1 1 1
ADDRESS: 100 NW 12 St.,
1120 NW 1 Av., 105 NW 11 Tr.,
113 NW 11 Tr., 1129 NW 1 Ct.,
1135 NW 1 Ct., 1145 NW 1 Ct.,
1151 NW 1 Ct., & 1159 NW 1 Ct.
/THST
R-3
NW 12TH ST
'NWe1-1�TH St,T_
11000 ZONING
NW 11TH TER
NW 10TH ST
SD=16.1
0 125 250 500 Feet w
1 1 1 1 1 1 1 1 1
SD-16.1
ADDRESS: 100 NW 12 St.,
1120 NW 1 Av., 105 NW 11 Tr.,
113 NW 11 Tr., 1129 NW 1 Ct.,
1135 NW 1 Ct., 1145 NW 1 Ct.,
1151 NW 1 Ct., & 1159 NW 1 Ct.
AERIAL
0 125 250 500 Feet
1 I I 1 1 1 1 1 1
ADDRESS: 100 NW 12 St.,
1120 NW 1 Av., 105 NW 11 Tr.,
113 NW 11 Tr., 1129 NW 1 Ct.,
1135 NW 1 Ct., 1145 NW 1 Ct.,
1151 NW 1 Ct., & 1159 NW 1 Ct.
MIAMI 21 ZONING
0 125 250 500 Feet w
1 1 1 1 1 1 1 1 1
ADDRESS: 100 NW 12 St.,
1120 NW 1 Av., 105 NW 11 Tr.,
113 NW 11 Tr., 1129 NW 1 Ct.,
1135 NW 1 Ct., 1145 NW 1 Ct.,
1151 NW 1 Ct., & 1159 NW 1 Ct.
CITY CENTER
AFFORDABLE HOUSING DEVELOPMENT
1120 N.W. 1sT AVENUE, MIAMI, FL.
SD-16, 16.1,16.2 SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -
RESIDENTIAL DISTRICTS
APPLICATION FOR A MAJOR USE SPECIAL PERMIT, SUBJECT TO
COMPLIANCE WITH ZONING ORDINANCE 11000 and THE CITY CODE, AS
AMENDED, AND TO ALL APPLICABLE CRITERIA, CONSIDERATIONS, AND/OR
OTHER REGULATIONS.
Pursuant to Zoning Ordinance 11000, the Zoning Ordinance of the City of Miami, Florida, the
subject proposal for "City Center Affordable Housing Development at 1120 N.W. 1st Avenue
Miami, Florida, has been submitted and reviewed to allow an application for a MAJOR USE
SPECIAL PERMIT; subject to all applicable criteria;
The proposed development "City Center Affordable Housing Development" will be
comprised of a Mixed Use Residential Structure with Two 27 Story Towers and a 9 Story
Podium -Parking Garage. The Mixed Use Residential Structure will have a total of 340
residential units with approximately 392,612 square feet of floor area, 3,130 square feet of
retail space and 478 off-street parking spaces. The maximum height of the two towers will
be 254'-6" A.G.L. (270'-8" N.G.V.D) at Top of roof slab.
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, (1), to allow a
residential development involving in excess of two hundred (200) dwelling units;
The MAJOR USE SPECIAL PERMIT encompasses the following SPECIAL PERMITS and
REQUESTS:
CLASS II SPECIAL PERMIT, as per Article 15, Sect.1512, to allow a waiver of the required
one (1) additional foot width dimension of parking stalls abutting a wall, fence, building, or other
physical obstruction.
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927, to allow temporary
structures, occupancies, and uses reasonably necessary for construction such as construction
fence, covered walkway and if encroaching public property must be approved by other city
departments;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow temporary
carnival, festival, fair or similar type event on privately owned or City -owned land such as a
ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916.2.1, to allow parking for
temporary special event such as ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-
street offsite parking, for construction crews working on a residential commercial project under
construction, within SD-7 or more permissive zoning district;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow parking of
mobile homes, trailers or manufactured homes, when authorized for security or other purposes in
connection with land development such as construction trailer(s) and other temporary
construction offices such as watchman's quarters, leasing and sales centers;
CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6.3.16, SD-16, 16.1, 16.2
Southeast Overtown-Park Park West Commercial -Residential District, Temporary Signs
(3), to allow temporary development signs;
REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a)
permitting the operation of construction equipment exceeding the sound level of a reading
of 0.79 weighted average dBA at any time and/or day subject to the City Manager Exception
pursuant to Section 36-6 (c) and all the applicable criteria;
REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be
required at the time of issuance of Shell Permit instead of at issuance of Foundation Permit:
The requirement to record in the Public Records a Declaration of Covenants and/or
Restrictions providing that the ownership, operation and maintenance of all common areas
and facilities will be by the property owner and/or a mandatory property owner association;
And the requirement to record in the. Public Records a Unity of Title or a covenant in lieu of
a Unity of Title.
L
cisco ' . Gonzalez
ing Plans Reviewer
/ SZD/l�
Date
C I T Y O F
M I A M I
P 1. A N N I N G D I?. 1' A It '1' NI 13 N '1'
DESIGN RI \'ii;AV CO NI NNTS
CI.ASS II SI'kCIAI. I)kItNII'I'
IDR 10-019
CITY CENTER CONDOMINIUM
1120 NW PI r\v[;
DISPRIcl': OVI?RTOWN
04.20.2010
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 i\41am1 strives to
achieve diverse, sustainable, pedestrian-frienclly neighborhoods, promote transit connections, and provide safe
and comfortable buildings, streets, and parks that contribute to a prosperous city for all residents to enjoy.
Urban Design
• This project is out of scale with the surrounding properties and neighborhood. The Overtown CRA
Master Plan calls for low to medium density housing and nixed uses.
• The podium levels do not integrate with the fabric of the neighborhood and do not include any active
spaces to provide eyes on the streets.
• Provide ground level details at a larger scale so the pedestrian experience can be reviewed.
Architecture
• The garage portions of the building are unacceptable as presented. Please present modifications that
will meet Section 1305 architectural and urban design standards.
• Submit color elevations and details of all materials so the committee can completely review the
application.
• Submit drawings to show how the phasing process will affect site plans and elevations.
• Re -distribute the garage liners more evenly around the site to provide eyes on the streets closer to the
ground.
Landscape
• Submit a complete landscape plan with species, heights, dimensions, etc.
• Subunit details of all plazas and sidewalk spaces.
• Review the City of Miami Tree Protection Ordinance and submit a tree disposition plan to show
where trees will be relocated or how they will be mitigated.
• Refer to new City of Miami Landscape Ordinance for minimum landscape requirements
The Planning Department reserves the right to continent further on the project as details anti/or explanations
are provided and may revise previous continents based on this additional information.
1,."'' Please note that the Planning Department reviews Special Pernnit 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 continents 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 2
Memorandum
Date: May 3, 2010
To: Lilia Medina, AICP
From: Raj Shanmugam, P.E.
Subject: City Center MUSP (Review # 9)
Preliminary Comments
Sufficient information has been presented in the traffic impact study and the site plan in support of
this MUSP application. The traffic impact report is based on 340 High Rise Condominium units (ITE
Land Use # 232), and is anticipated to generate 131 PM peak hour trips. The site plan shows 3.130
s.f. of retail floor space. The applicant's consultant had indicated that the retail space is ancillary to
the residential component of this project. We request an explanation of ancillary nature of this retail
space.
The traffic study is based on higher future vehicle occupancy (1.4 persons per vehicle) per City of
Miami procedures and the use of available public transportation in the City of Miami. As such, the
traffic study states that several Transportation Control Measures (TCM) can be used by the
developer to support the trip reductions. A list of TCM includes;
• Encourage CarNan pooling;
• Encourage the use of Public Transportation by providing transit subsidies for residents of
the site, and by providing transit information, including route schedule and maps;
• Promote Bicycling and walking by providing convenient and secure area for bicycles and
pedestrians;
• Provide other transit oriented amenities
The development approval of this site should be conditioned upon 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)
Ms. Linda Christian -Cruz, Shutts & Bowen LLP (Fax: 305-381-9982)
URS Corporation Southern
3343 W. Commercial Avenue, Suite 100
Fort Lauderdale, Florida 33309-6375
Tel: (954) 739 1881
Fax: (954) 739 1789
CITY OF MIAMI, FLORIDA
TO:
•
FROM:
INTER -OFFICE MEMORANDUM
Ana Gelabert-Sanchez
Director
Planning Department
Nzeribe Ihekwaba, Ph.D., P.E.
Director
. Public Works Department
DATE: July 14, 2010 FILE:
SUBJECT: Large Scale Development
Review- City Center
REFERENCES:
ENCLOSURES:
•
The Public Works Department has reviewed the Large Scale Development
plans for the development entitled "City Center", located at 1120 N.W. 1
Avenue and has the following comments.
1. N.W. 1 Avenue is zoned 50 feet wide. An additional 25 feet of right
of way dedication is required along N.W. 1 Avenue. N.W. 12 Street is
zoned 50 feet wide. An additional 5 feet of right of way dedication is
required along N.W. 12 Street. N.W. 11 Terrace is Zoned 50 feet
wide. An additional 3.5 feet, more or less, is required along N.W. 11
Terrace. Also, 25 foot corner radius dedications are required on all
four corners of the of the development site.
2. All transitions from the established street profile grade to the building
floor elevation must be accomplished on private property. Stairs,
ramps, retaining walls, etc. will not be permitted in the public right of
way and the record profile street grade cannot be changed to
accommodate the proposed building ground floor elevation.
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. Standard parking spaces are 8.5 feet wide and 18 feet long and require a 23
foot back-up distance.
6. 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.
7. In order to mitigate traffic congestion and problems associated with
unregulated parking throughout the neighborhood, the
Contractor/Developer shall be required to provide approved, designated off -
site parking for workers and a shuttle service to the work site. The
parking/shuttle plan shall be coordinated with the local City of Miami NET
Service Center.
8. All greenspace and landscaping required by the Zoning Ordinance
must be accommodated on private property. Greenspace and
landscaping within the public right of way cannot be included in the
calculations for meeting greenspace zoning requirements.
9. City of Miami driveway entrances, in compliance with A.D.A. standards,
shall be required. Continuous sidewalk is required across the driveway .
entrances.
10.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 Stoiiu Sewer System Permit (MS4). This project will require a
Florida Department of Environmental Protection (DEP) Stormwater,
Erosion and Sediment permit. For information on a DEP permit application,
please contact the Public Works Department at (305) 416-1200 or
www.dep.state.fl.uslwateestonnwater/npdes.
In addition to these continents, the Public Works Department will require the
following street improvements:
N.W.1 Avenue: Construct new sidewalk, curb and gutter and landscaped park way,
with trees, adjacent to the project site in accordance with a street cross section
approved by the Public Works Department. Construct new asphalt pavement
between the new curb and centerline of the avenue from N.W. 11 Terrace and N.W.
12 Street.
N.W. 1 Court: Repair any of the recently constructed sidewalk, curb and gutter and
pavement damaged during construction of the housing project. Construct individual
street tree planters and trees in the existing asphalt pavement in accordance with
Public Works Standards.
N.W. 11 Terrace: Repair any of the recently constructed sidewalk, curb and gutter
and pavement damaged during construction of the housing project. Construct
.additional sidewalk, with street tree planter wells and trees, in the area between the
existing sidewalk and the base building line.
N.W. 12 Street: Repair any of the recently constructed sidewalk, curb and gutter and
pavement damaged during construction of the housing project. Construct additional
sidewalk in the area between the existing sidewalk and base building line. Construct
street tree planter wells, with trees, in the existing sidewalk.
In addition, pavement restoration for all water and sewer extensions and paveninent
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 stoiiii 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. A.D.A.
compliant ramps are required on all four comers of the project site. Remove all
expired underground utility paint markings at the completion of the project.
If you have any questions concerning these comments, please call Mr. Leonard
Helmers, Professional Engineer IV, at extension 1221.
NI/LJH/ms
C: RNG Overtown, LLC
2950 SW 27 Street, Suite 200
Miami, Fl 33133
Roberto Lavernia, Chief of Land Development, Planning Department
Nzeribe Ihekwaba, Ph.D., P.E., Director of Public Works
Development and Roadway Plans Section
Central
CITY OF MIAMI
IRBAN DEVELOPMENT REVIEW BOARD
,UDRB RESOLUTION
9/15/2010
A, -RESOLUTION OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) OF THE CITY
OF MIAMI, FLORIDA, TO APPROVE WITH CONDITIONS A MAJOR USE SPECIAL PERMIT
`FOR N-EW C"ONSTRUCTION ;AT CITY CENTER LOCATED AT 1120 NW FIRST AVENUE.
THE ,PROPOSED>'= WORK -CIS CONSISTENT WITH THE CRITERIA SET FORTH IN
ORDI'NAN.CE ±i 10
CONDITIONS
1. Provide fenestration onto the blank walls on the south and north elevations.
2. Reanalyze the phasing strategy so that the proposed phase three becomes phase one, in
order to provide liners to the garage facades from the first stage of development.
ITEM NO. 2
MOTION MADE BY ROBERT BEHAR SECONDED BY JULIO DIAZ
VOTE LIST:
YES
NO
RECUSED
ABSENT
TODD B. TRAGASH, CHAIRMAN
►I
1
❑
■
JULIO DIAZ, VICE CHAIRMAN
II
ROBERT BEHAR
/1
■
❑
■
WILLY BERMELLO
■
■
■
►/
ROBIN BOSCO
■
■
■
►1
DEAN LEWIS
■
■
■
►/
RUDOLPH MORENO
■
■
■
/1
ERNESTO SANTOS
❑
■
❑
,
PASSED BY A VOTE OF 3 TO 2.
ATTEST:
FRANCISCRCIA, [ IR CTOR PLANNING PERLA � ZAL.EZ, UDRB OFFICER
MIAMI INTERNATIONAL. AIRPOF
Commercial Airport:
Miami International Airport
General Aviation Airports:
Dade -Collier -Training &-Transition
Homestead General
Kendall-Iantiami Executive
Opa-locl<a
Opa-locl<a West
August 5, 2010
Ms. Ana Gelabert-Sanchez, Director
City of Miami Department of Planning & Zoning
444 SW 2iid Street, 3r`l floor, Miami, FL 33130
Miami -Dade Aviation Department
P.O. 13ox 025504
Miami, Florida 33102-5504
T 305-876-7000 F 305-876-0948
W\\'W.11l lam l-airport.col11
miamidade.gov
RE: Determination Number DN-10-07-394 Airspace and Land Use Analysis for C.iy.,_
Centerra Large Scale Development Project Located at 1120 NW 1st Avenue, Miami,
FL
Dear Ms. Gelabert-Sanchez:
The Miami -Dade Aviation Department (MDAD) has reviewed the above referenced project for
an airspace and land -use analysis and determination letter.
Airspace Review:
Based on the information provided, our review finds the maximum height of approximately 301'-
6" AMSL (Above Mean Sea Level) for the proposed building at the referenced location
conforms to the Miami International Airport (Wilcox Field) Zoning Ordincmce.
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 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 cranes for this project at this location reaching or exceeding 200 feet
AMSL must be filed by the construction contractor using the sane 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.
August 5, 2010
Ms. Ana Gelabert-Sanchez
Page 2
Please note that the airspace review process is governed by two different regulations: the Miami -
Dade County Fleight Zoning Ordinances and the Code of Federal Regulation, Title 14 Part 77.
The Miami -Dade County Aviation Department or the applicable municipal building official
determines whether the County's height limitations are met, the Federal Aviation Administration
(FAA) has its own airspace evaluation requirements, and issues airspace determinations for
structures and cranes, and determines whether FAA, marking and height requirements are met
based on the particular facts then presented before them.
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 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.
Land Use Review:
Based on the available information, MDAD has determined that the proposed affordable housing
development is compatible with airport operations.
Should you have any questions, please feel free to contact me at 305-876-8080.
Respectfully,
Ammad Riaz, E.I.
Airport Engineer
AR/rb
C: S. Harman
J. Ramos
R. Bergeron
Roberto Lavernia, City of Miami
Antonio E. Perez, City of Miami
Albert J. Oviedo, Corwil Architects, Inc.
Linda Christian -Cruz, Shutts & Bowen LLP
Print Form
City of Miami
Public School Concurrency
Concurrency Management System Entered Requirements
Applicant Fields
Information
Application Type
Application for a Major Use Special Permit to develop a
Application Sub -Type
Application Name *
City Center
Application Phone *
305-347-7354
Application Email *
rbailine@shutts.com
Application Address *
do Shutts & Bowen LLP, 201 S. Biscayne Blvd. #1500
Contact Fields
Information
Contact Name *
Ryan D. Bailine
Contact Phone *
305-347-7354
Contact Email *
rbailine@shutts.com
Local Govt. Name
City of Miami
Local Govt. Phone
305-416-1400
Local Govt. Email
GDGavfTci.miami.fl.us
Local Govt. App. Number (OFFICIAL USE ONLY)
Property Fields
Information
Master Folio Number *
01-3136-009-1810
Additional Folio Number
see attached
Total Acreage *
2.32 acres
Proposed Land Use/Zoning *
High Density Multi -family Residential
Single -Family Detached Units *
Single -Family Attached Units (Duplex) *
Multi -Family Units *
340 affordable residenital units
Total # of Units *
340 affordable residenital units
Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local
govemment has provided vested rights; or for an already improved property which does not have to be re -platted as
deemed by the local government. The number of units to be input into the CMS is the net difference between the existing
vested number of units and the newly proposed number of units.
Example: an existing 20-unit structure will be tom down for redevelopment. The newly proposed development calls
for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less
the newly proposed 4 units).
Required Fields for Application
R�an�• l I I r)
Owner(s)/Attornev/Applicant Name
Owner(
Applicant Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE /
The foregoing was acknowledged before me this day af•
20 I 0 , by Ryan D. Bailine
who is a(n) individual/partner/a�ent/corporation of a(n)
individual/partnership/corporation. He/She is eersonally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
NOTARY PUBLIC - STATE OF FLORIDA
r,da Christian
,,,,sit,, 1`: . 1416
2011
ig ature
City of Miami
Legislation
PZAB Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00581mu 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 ATTACHMENTS, APPROVING WITH CONDITIONS, A
MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF
ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE CITY CENTER
PROJECT, TO BE LOCATED AT APPROXIMATELY 100 NORTHWEST 12TH
STREET, 1120 NORTHWEST 1 AVENUE, 105 AND 113 NORTHWEST 11
TERRACE, AND 1129,1135, 1145, 1151, AND 1159 NORTHWEST 1 COURT,
MIAMI, FLORIDA, TO CONSTRUCT A MIXED USE RESIDENTIAL COMPLEX
COMPRISED OF TWO 27 STORY TOWERS WITH 9 STORY PODIUM -PARKING
GARAGE AND A TOTAL MAXIMUM HEIGHT OF AN APPROXIMATE 270'-8"
N.G.V.D. AT TOP OF ROOF SLAB, PROVIDING APPROXIMATELY 340 TOTAL
MULTIFAMILY RESIDENTIAL UNITS WITH APPROXIMATELY 392,612 SQUARE
FEET OF FLOOR AREA, 3,130 SQUARE FEET OF RETAIL SPACE AND 478
OFF-STREET PARKING SPACES; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 3, 2010 Ryan D. Bailine, Esquire, on behalf of RNG Overtown LLC and CDG
City Center, Ltd. (referred to as "APPLICANT"), submitted a complete Application for Major Use
Special Permit for the City Center project (10-00581 mu) (referred to as "PROJECT") pursuant to
Articles 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 100
NW 12th Street, 1120 NW 1st Avenue, 105-13 NW 11th Terrace and 1129-35-45-51-59 NW 1st Court,
Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Major Use Special Permit
pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on July 14, 2010 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on September 15, 2010, to consider the
proposed project and recommended approval with conditions; and
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on December 15, 2010,
following an advertised public hearing, adopted Resolution No. PZAB-*-* by a vote of - to - (-), item no.
PZAB.3, recommending - of the 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;
City of Miami Page 1 of 11
File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
File Number: 10-00581mu
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. A Major Use Special Permit Development Order, incorporated within, is approved
subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No.
11000, for the PROJECT to be developed by the APPLICANT, at approximately 100 NW 12th Street,
1120 NW 1st Avenue, 105-13 NW 11th Terrace and 1129-35-45-51-59 NW 1st Court, Miami, Florida,
more particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of a Mixed use residential project
comprised of two 27 story towers with 9 story podium -parking garage; with a total maximum height of
approximately 254' 6" foot A.G.L. (270'-8" N.G.V.D) at the top of roof slab; and approximately 392,612
square feet of floor area inclusive of approximately 340 total multifamily residential units, approximately,
3,130 square feet of retail space, and approximately 478 off-street parking spaces.
Section 4. The Major Use Special Permit Application for the Project also encompasses the lower
ranking Special Permits as set forth in the Development Order.
Section 5. The findings of fact set forth below are made with respect to the subject PROJECT:
a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as
amended.
b. The PROJECT is in accord with the SD-16.1 (Southeast Overtown-Park West Commercial
-Residential District .1) 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;
(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
be oriented to the corner and public
Yes Yes*
City of Miami Page 2 of 11 File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
File Number: 10-00581mu
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
(1) Promote pedestrian interaction;
Applicability Compliance
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
pedestrian access from the public
sidewalk;
(2) Landscaping, including plant
Yes Yes*
City of Miami Page 3 of 11 File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
File Number: 10-00581mu
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 Yes Yes
with program uses. Where program
uses are not feasible soften the garage
City of Miami Page 4 of 11 File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
File Number: 10-00581mu
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 Compliance
(1) For modifications of nonconforming Yes N/A
structures, no increase in the degree
of nonconformity shall be allowed;
(2) Modifications that conform to Yes N/A
current regulations shall be designed
to conform to the scale and context of
the nonconforming structure.
*Compliance is subject to conditions
** Not applicable at this time, subject to review and approval.
These findings have been made by the City Commission to approve this project with conditions.
City of Miami Page 5 of 11 File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
File Number: 10-00581mu
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
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 $ 53.3, and to employ approximately 350
workers during construction (FTE-Full Time Employees); The PROJECT will also result in the creation
of approximately 10 permanent new jobs (FTE) and will generate approximately $ 39,310 annually in
tax revenues to the City (2010 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 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 resourcs of the City;
(7) the PROJECT will not adversely affect living conditions in the nghborhood;
(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 as applicable will be
mitigated through compliance with the conditions of this Major Use Special Permit.
Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the
APPLICANT and any successors in interest.
Section 7. The application for Major Use Special Permit, which was submitted on -, 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
City of Miami Page 6 of 11 File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
File Number: 10-00581mu
is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction,
such decision shall in no manner affect the remaining portions of this Resolution or Development
Order which shall remain in full force and effect.
Section 12. The provisions approved for this Major Use Special Permit, as approved, shall
commence and become operative thirty (30) days after the adoption of the Resolution.
Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its
commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 13 and 17 of Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the
City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit
for City Center (10-00581 mu), (hereinafter referred to as the "PROJECT") to be located at
approximately 100 NW 12th Street, 1120 NW 1st Avenue, 105-13 NW 11th Terrace and 1129-35-45-
51-59 NW 1st Court, Miami, Florida (see legal description on "Exhibit A", attached and incorporated),
is subject to any dedications, limitations, restrictions, reservations or easements of record.
After due consideration of the recommendations of the Planning Advisory Board and after due
consideration of the consistency of this proposed development with the Miami Comprehensive
Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following
conditions approves the Major Use Special Permit and issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately 100 NW 12th
Street, 1120 NW 1st Avenue, 105-13 NW 11th Terrace and 1129-35-45-51-59 NW 1st Court, Miami,
Florida. The PROJECT is located on a gross lot area of approximately 2.32± acres and a net lot area
of approximately 1.15± 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 residential project comprised of two 27 story towers
with 9 story podium -parking garage; with a total maximum height of approximately 254' 6" foot A.G.L.
(270'-8" N.G.V.D) at the top of roof slab; and approximately 392,612 square feet of floor area inclusive
of approximately 340 total multifamily residential units, approximately, 3,130 square feet of retail space,
and approximately 478 off-street parking spaces.
The Major Use Special Permit Application for the PROJECT also encompasses the following lower
ranking Special Permits:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, (1), to allow a residential
development involving in excess of two hundred (200) dwelling units;
City of Miami Page 7 of 11 File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
File Number: 10-00581mu
The Major Use Special Permit includes the following subordinate Special Permits and Requests:
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to allow a waiver of the required one (1)
additional foot width dimension of parking stalls abutting a wall, fence, building, or other physical
obstruction.
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927, to allow temporary structures,
occupancies, and uses reasonably necessary for construction such as construction fence, covered
walkway and if encroaching public property must be approved by other city departments;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow temporary carnival, festival, fair
or similar type event on privately owned or City -owned land such as a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916.2.1, to allow parking for temporary special
event such as ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-street offsite
parking, for construction crews working on a residential commercial project under construction, within
SD-16.1 or more permissive zoning district;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow parking of mobile homes,
trailers or manufactured homes, when authorized for security or other purposes in connection with land
development such as construction trailer(s) and other temporary construction offices such as watchman's
quarters, leasing and sales centers;
CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6.3.16, SD-16, 16.1, 16.2 Southeast
Overtown-Park Park West Commercial -Residential District, Temporary Signs (3), to allow temporary
development signs;
Request authorization from the City Manager or his designee, which authorizes the operation and use of
construction machinery during otherwise prohibited periods of time in the event that such operation or use
is required to eliminate or reduce any dangerous or hazardous conditions which endangers life or
property, pursuant to Chapter 36 NOISE, Section 36-6 of the City Code.
Pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, approval of the requested Major
Use Special Permit shall be considered sufficient for the subordinate permits requested and
referenced above as well as any other special approvals required by the City which may be required to
carry out the requested plans.
The PROJECT shall be constructed substantially in accordance with plans and design schematics
on file prepared by Corwil Architects Inc., dated April 6 and November 30, 2010; said 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 SD-16.1 (Southeast Overtown-Park West
Commercial -Residential District .1) 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
City of Miami Page 8 of 11 File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
File Number: 10-00581mu
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 Department's
discretion, and to make recommendations concerning security measures and systems; further submit
a report to the Planning Department, prior to commencement of construction, demonstrating how the
Police Department recommendations, if any, have been incorporated into the PROJECT security and
construction plans, or demonstrate to the Planning Director why such recommendations are
impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating
APPLICANTS coordination with members of the Fire Plan Review Section at the Department of
Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development
process and review procedures, as well as specific requirements for fire protection and life safety
systems, exiting, vehicular access and water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste
that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a
shell permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for
Development Approval, with the understanding that the APPLICANT must use its best efforts to follow
the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide, as
applicable.
6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of any
building permit:
• 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; and
• Record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title if, applicable,
subject to the review and approval of the City Attorney's Office.
7) Prior to the issuance of a shell permit, provide the Planning Department with a recorded
copy of the documents mentioned in condition (6) above.
8) Provide the Planning Department with a temporary construction plan that includes the following:
• Temporary construction parking plan, with an enforcement policy;
• Construction noise management plan with an enforcement policy; and
• 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.
City of Miami Page 9 of 11 File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
File Number: 10-00581mu
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, the applicant shall meet the following conditions to
be reviewed and approved by the Planning Director, prior to the issuance of any building permit, as
applicable:
Urban Design
a. Reduce the project scale to maintain the character of the surrounding properties and
neighborhood,
Architecture
b. Provide color elevations and details of the materials to be used on exteriors, as well as ground
level details at a larger scale,
Landscape
c. Submit a complete landscape plan in compliance with City of Miami Landscape and Tree
Protection Ordinance
d. Submit details of all plazas and sidewalk spaces for review and approval,
Other
e. Attain the sufficiency letter from the City's Traffic Consultant, URS Corp.
f. Comply with the recommendations of the "Phase I and Limited Phase II Environmental Site
Assessment" submitted as part of the application; and
g. Revise the phasing strategy so that the proposed phase three is incorporated within phase one or
two.
12) Pursuant to comments by the City of Miami Public Works Department, the following
specific street improvements are required: (1) N.W.1 Avenue: Construct new sidewalk, curb and gutter
and landscaped park way, with trees, adjacent to the project site in accordance with a street cross
section approved by the Public Works Department. Construct new asphalt pavement between the new
curb and centerline of the avenue from N.W. 11 Terrace and N.W. 12 Street, (2) N.W. 1 Court: Repair
any of the recently constructed sidewalk, curb and gutter and pavement damaged during construction
of the housing project. Construct individual street tree planters and trees in the existing asphalt
pavement in accordance with Public Works Standards.
13) Prior to issuance of any building permit, the applicant shall pay in full the DRI fee
(Southeast Overtown Park West (SEOPW) Development of Regional Impact (DRI) area fees, which at
the time of this analysis have been calculated to be an approximate amount of $ 226,240.27.
14) Within 90 days of the effective date of this Development Order, the Planning Department
City of Miami Page 10 of 11 File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
File Number: 10-00581mu
shall be provided with a certified copy recorded, 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
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: 10-00581mu (Version: 1) Printed On: 12/8/2010
"EXHIBIT A"
LEGAL DESCRIPTION
ALL OF BLOCK 19, OF "BALDWIN AND OXAR SUBDIVISION", ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK A, AT PAGE 57, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND AS RECORDE❑ IN
PLAT BOOK B, PAGE 87, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
MIAD0CS 4276374 I
PRC3 ACT PATA
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COO LKTS l ACM 345 LNTS
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50309 SF. tt)5 AccEs
101353 SF, C73'7 Aim
340 I NTS
5 MAX. FAA A111f6E1 •
4g7OSS UOTAd i.X43.3
COL383 SF. X 433 437975 SF. 392.61Z SF
4 SEE CiIV34AK
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r88102 sF x 8 FLOORS) 70,446 SF
YJTH TIi3123Ta1 R
67825 SF x 14 R170Z58 249564 SF.
tam T w 27T1-1 FLOW-
9306 SF. x 4 FLL0219 52704 SF
TOTAL FLOLR A1:4 • 3`7i.11. SF.' t f%A67104
MIRED Mff§itia
ZESMITIAL 2ECIEAT10.1 AREA/
39292SP. -5s000SE- 3 2 2SF]
34282 SF/ 50 SF. 685224 SF. 1654h SF.
L 1JiAB2A+4
PAZi 6CA.nI ATIOM
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340 TOTAL LASTS
22 Nei 1 474 MAX.
428 {.L:+i / Z6 MAX.
340 Aft ! 68c7 VAX ' 478 PS.
FETAL.
3130 SFJ L000 SF_ - 4-
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id TOTAL nw7 xio 14 TOTAL)
TOTAL PAA74G • 344 478
10 L0110N, AREAS. 3 4 - t2x35
4-10-4L7
]F MOSS EWING AREA, - 716377 SO. FT.
"EXHIBIT B"
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CITY OF MIAMI
HEAP iiai 00AROS
114
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