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HomeMy WebLinkAboutSubmittalP24 c?—)q- 7:7M11TED INTO THE PUBLIC ECO RD FO RAJOR USE SPECIS AL PERMIT for iTC- M Pziy ON / i 9 TE g located at approximately 1431-1451 North Bayshore Drive and 425 NE 13th Street LEGISTAR FILE ID: 06-01053mu Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the City Square Retail project (MU-2006-021), located at approximately 1431-1451 North Bayshore Drive and 425 NE 13th Street, Miami, Flor- ida, has been reviewed to allow a Major Use Special Permit per Articles 13 and 17, to construct an approximate 130-foot, 5-story high retail structure to be comprised of ap- proximately 641,104 square feet of retail space; and approximately 4,052 total parking spaces. This Permit also includes the following requests: MAJOR USE SPECIAL PERMITS MAJOR USE SPECIAL PERMIT, as per Article 17, Section 1701, Definition (2), for non-residential uses involving in excess of two hundred thousand (200,000.) square feet of floor area; MAJOR USE SPECIAL PERMIT, as per Article 17. Section 1701, Definition (7), to allow any single use or combination of uses requiring or proposing to provide in excess of five hundred (500) off-street parking spaces; This Major Use Special Permit encompasses the following Special Permits and Requests: CLASS II SPECIAL PERMITS CLASS II SPECIAL PERMIT, as per Article 6, Section 606.3.1, to allow erection of a new building in SD-6, SD-6.1 Central Commercial -Residential Districts; CLASS I1 SPECIAL PERMIT, as per Article 6, Section 606, Sub -Section 606.8.3 Open space and residential recreational space, to allow residential recreational space conforming to "The City of Miami Design Guides and Standards for Open Space and Residential Recreational Space"; CLASS II SPECIAL PERMIT, as per Article 9, Section 907.2 Open Space and Green Space requirements; modifications as to location by Special Permit with contribution to trust fund, Sub -Section 907.2.2.1, Open Space requirements for all zoning districts shall be provided as set forth within this ordinance except as follows, to allow approximately 4,013 SF of Open Space area required to be re- located or waived by making a non-refundable developer contribution of $ 50.00 per square foot of approximately $ 200,650.00 to the Parks and Open Space Trust Fund administered by the City of Miami as set forth in Chapter 62 of the City Code, as amended,. 06-01053mu Page 1 of 10 CLASS I SPECIAL PERMITS CLASS I SPECIAL PERMIT, as per, Article 9, Section 927. Temporary struc- tures, occupancies, and uses during construction, criteria for special permits, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be approved by other city departments; CLASS I SPECIAL PERMIT, as per, Article 9, Section 906, Sub -Section 906.9. Temporary special events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremonies; CLASS I SPECIAL PERMIT, as per, Article 9, Section 916, Sub -Section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as groundbreaking ceremonies; CLASS I SPECIAL PERMIT, as per, Article 9, Section 918, Sub -Section 918.2. Temporary off-street offsite parking for construction crews, criteria, to allow tem- porary off-street offsite parking for construction crews working on a commercial - residential project under construction; CLASS I SPECIAL PERMIT, as per, Article 9, Section 920, Sub -Section 920.1.2. Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes, when authorized for security or other purposes in connection with land development such as construction trailer(s) and other temporary construction offices such as wafchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT, as per Article 10, Section 10.6, Sub -Section 10.6.3.6 (3) SD-6.1 Central Commercial -Residential District to allow temporary development sign; REQUEST, for waiver of Chapter 36 Noise, Section 36-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a read- ing 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 MUSP conditions to be satisfied at the time of Shell Permit instead of at issuance of Foundation Permit: a) 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 b) The requirement to record in the Public Records a unity of title or covenant in lieu of unity of title. Pursuant to Articles 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to cant' out the reques, V BIAi TTE D i NTO THE 06-01053mu Page 2 of 10 PUBLIC RECORD FOR ITEM ?L tq ONu-oq.o&1 In determining the appropriateness of the proposed project, the Planning Department has referred this project to the Large Scale Development Committee (LSDC) and the Planning Internal Design Review Committee for additional input and recommendations; the following findings have been made: • It is found that the proposed development project will benefit the area by creating additional commercial opportunities in the Downtown NET District, located at the intersection of North Bayshore Drive and NE 14th Street. • it is found that the subject property is located in the "Nelson Villa", "Garden of Eden", The Causeway Fill", "Knight-Ridder #1", and "Pershing Court" plats within the Omni/PAC neighborhood of the City. • It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the existing zoning designation for the property is SD-6.1 (Central Commercial Residential). • It is found that pursuant to the Comprehensive Neighborhood Plan of the City of Miami, Florida, the existing Future Land Use category for the property is "Restricted Commercial". • It is found that the proposed project is not located along a Primary Pedestrian Pathway. • It is found that the project has convenient access to the Metromover system at the Omni station, located adjacent north of the subject property, with connections to the Metrorail and Tri-Rail systems, for efficient use of existing mass transit systems. • It is found that the proposed project is not located within an Archeological Conservation area. • It is found that the total allowable combined floor area without bonuses for the 9.06± gross acre site at a Floor Area Ratio (FAR) of 1.72 is 675,665 square feet. The project as proposed is not requesting any bonuses and consists of a total FAR of 641,104 square feet. • It is found that the site of the proposed project is the location of the existing Miami Herald office building parking lot. With this application, the applicant proposed to house the 744 replacement Miami Herald parking spaces in the Basement Level 1 of the parking garage. • It is found that the maximum height of the proposed structure is approximately 130 feet. Pursuant to Article 6, Section 606.9, there are no height limits in the proposed SD-6.1 zoning district. • It is found that the proposed total number of parking spaces (approximately 4,052) for the project is broken down as follows: 1,780 parking spaces for the proposed retail component, 744 parking spaces on Basement Level 1 for Miami Herald replacement parking, and 1,528 parking spaces on Basement Levels 2 & 3 for the parking to be provided for the adjacent Performing Arts Center. 06-01053mu Page 3 of 10 SUBMITTED INTO THE PUBLIC RECORD FOR STEM �w ON 11-0q-oe. . • It is found that the proposed open space for the project (35,445 square feet) is below the minimum required open space (39,458 square feet at 10% GLA) for this project. Per the applicant's application, the net differential between the required and provided open space requirements will comply with the regulations set forth in Section 907.2.2.1 as they pertain to the Park and Open Space Trust Fund administered by the City of Miami. • It is found that the proposed urban plaza space for the project (29,162 square feet) is well above the minimum required urban plaza space (19,728 square feet at 5% GLA) for this project. • It is found that the project is expected to cost approximately $334,100,000, and to employ approximately 2,400 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 1,725 permanent new jobs (FTE) and will generate approximately $3,095,270 annually in tax revenues to the City (2006 dollars). • It is found that on April 24, 2006, the City of Miami Public Works Department provided a review of the project and commented that (a) Reptatting of the property will be required to remove the platted easements; and that the following street improvements shall be required: (b) North Bayshore Drive — Construct new concrete sidewalk, curb and gutter adjacent to the project site and replace damaged median curbs adjacent to the project site. Mill and resurface the entire width, curb to curb, between NE 13th Street and NE 15th Street. Coordinate final pavement restoration with the Performing Arts Center and City Square Residential projects. The contractor shall also be responsible to replace any sidewalk, curb and gutter damaged by their operations adjacent to the Performing Arts Center; (c) Herald Plaza — Replace all damaged and broken sidewalk, curb and gutter on both sides of the roadway adjacent to the project site. Construct new sidewalk and curb and gutter following the 25-foot corner radius. Mill and resurface the entire width, curb to curb, adjacent to the project site. Approval from the Public Works Director is required for the proposed street brick work and a maintenance covenant shall be required for the non-standard improvements in the right of way. Coordinate the proposed improvements with the Knight Ridder projects; (d) NE 15th Street — Replace damaged sidewalk curb and gutter adjacent to the project site; (e) NE 13th Street — Coordinate the replacement of damaged sidewalk, curb and gutter and any pavement restoration with the Florida Department of Transportation. • It is found that Miami -Dade Public Schools provided a preliminary review of the proposed project on April 24, 2006. As the development does not contain residential dwelling units, the requirements of the Interlocal Agreement are not triggered. • It is found that on May 4, 2006, the Miami -Dade Aviation Department provided a Height Analysis review of the proposed project and found that it conforms to the Miami -Dade County Height Zoning Ordinances at that location. Any proposed construction exceeding 200 feet requires the applicant to file with the Federal Aviation Administration (FAA) Form 7460-1, "Notice of Proposed Construction Alteration for Determination of Known Hazards". In addition, construction cranes for this project exceeding 200 feet in height must be filed using the same form. 06-01053mu Page 4 of 10 OK/ ud- SUBMITTED INTO THE PUBLIC RECORD FOR ITEM rz w ON n_o9.o� . • It is found that the proposed project was reviewed by the Internal Design Revie Committee on May 9, 2006, and the following revised pertinent comments were made: Urban Design/Context - (a) While the committee appreciates the applicant's attempts to develop the project with ground floor retail liner and streetscaping, the project as proposed still consists of a superblock that internalizes most activity within a private corridor and elevated walkways. These areas are incorporated into the mass of the complex, thus drawing activity off of the street, and they do little to promote a diverse and lively urban environment. Shoppers will have little need to reach the public street level and engage with the revitalized Arts District; (b) As stated previously, develop NE 14th Street as a "public" street to provide for the highest level of connectivity with neighboring CRA areas and future connectivity with the waterfront. We understand that the current segment of NE 14th Street between Bayshore and Herald Plaza Drive is not public right of way, but we urge the project to develop the area as a fully operational public street with a seamless connection to the existing city street grid. This would include that the street be fully open to the sky, open to typical vehicular traffic, and be developed at street level with a high percentage of active uses that promote pedestrian activity; (c) As previously stated, chamfer the southwest corner of the building to respond to the existing urban form (Performing Arts Center) developed at the intersection of NE Bayshore and NE 13'h Street. This edge does not react to the surrounding properties; (d) As previously stated, consider parallel parking on all exterior streets; (e) Confirm the design and implementation of the circular plaza on Bayshore Drive with the Public Works Department; (f) Provide dimensions of all vehicular entries and curb cuts in this project; Architecture - (a) While the committee appreciates the developments in the massing and materials of the project, the architectural treatment continues to bear little relationship to the human scale. It presents a superblock of 100' tall blank walls along all sides of two critical blocks within the Performing Arts District, and is unacceptable; (b) The proposed facade solution, consisting of large panels which vary slightly in height, setback, and material, while an improvement over the original submittal of the project (09-27-2005) continues to be unacceptable. These panels continue to be out of scale with the pedestrian environment that is envisioned for the Performing Arts Center. Their dimensions, which vary from 100'x30' to 100'x120', are too large and dominate the streetscape; (c) Indicate the depth and dimensions of all facade treatment in plan; (d) The scale of the proposed louvers, metal panels, window openings, awnings, and other architectural embellishment on the building is too large. These treatments create an unrealistic facade and an uncomfortable pedestrian environment. Continue to develop these architectural treatments with the proper human scale; (e) The vehicular ramp at the north side of the parking garage serves as an important termination to the view south down North Bayshore Drive. Provide a more architectural solution to this moment of the building rather than the proposed 90' tall advertisement; Materials - (a) The architectural treatment, consisting of large blocks of varying materials, shall be further developed to include a wider range of materials, such as stained concrete and spandrel glass; (b) Provide dimensions of all facade modulations and commercial panels on the elevations, so that the committee has a better sense of the impact of this project on the pedestrian realm; (c)The proposed use of metal louvers and mesh along much of the facade of the two blocks is unacceptable; (d)The committee is concerned that the metal with green lighting will appear a typical gray during the day and will blend with the adjacent panels, creating an unbroken wall of metal that will become monotonous; (e) The metal grille work (sheet A-3.05) consists of panels that are nearly a story high, which is unacceptable. Reconsider the scale and articulation of these panels and consider a more human -scale solution; (f) The I 'Tar Lijh Net 06-01053mu Page 5 of 10 0 THE PUBLIC RECORD FOR ITEMpt v ON 11-01-06 . Mesh Panels" (sheet A-3.04) is rendered to appear as the same material as the "clear glazing" of the retail storefronts. Please update these renderings to accurately depict the character of the material; (g) Clarify whether the white wall depicted on sheet A-3.06 is stone cladding or scored stucco; (h) The awning treatment located on the east and west facade of the building (sheet A-3.06) is nearly 20' high and bears little relationship to the pedestrian scale of the street. Continue to refine the scale and articulation of these awnings and consider a more human -scale solution; (i) Update all plans and elevations to include the water feature depicted on sheet A- 5.08, if applicable; (j) Provide additional information regarding the details of the interior corridor, including the elevator, escalator, materials, art sculpture, catwalks, roofing and railings; Signage - (a) Confirm the use of large-scale advertisement panels with the Zoning Department; (b) The proposed Commercial Panels on the North and East elevations of the building are out of scale with the context and are inappropriate. The precedent example (sheet A-3.08) depicts a panel that is around 20' high and has a powerful impact on the pedestrian realm. The proposed panels in this project, however, will be nearly 90' high will have an impact on the pedestrian realm that is inappropriate. Reduce the size of these panels to be more in keeping with the human scale; (c) The retail signage for the first floor (sheet A-3.05) is nearly a story high and is unacceptable. Reduce the size of this signage to be more in keeping with the pedestrian scale. Meet with the zoning department to confirm the size of this signage; (d) The quantity and locations of signage in the project is excessive and does not meet current Zoning Code; Parking Garage - (a) It is critical that parked cars and mechanical systems within the garage be hidden from view. Provide details of the materials proposed to cover the garage openings, and indicate how all vehicles and mechanical systems within the garage will be concealed from view. Include wall sections and precedent photographs so that the committee can better understand the garage treatment; (b) Provide architectural treatment or a rooftop garden on the top floor of the parking garage, as it will be highly visible from the surrounding high-rise buildings. In particular, ensure that all cars on the top level of the garage will be hidden from view from above; (e) Consider lining the second floor of the parking garage with office space along Bayshore Drive, and if possible, Herald Plaza; (f) Consider providing second floor retail liner along the interior street. This will create a more dynamic and active retail space, and will enhance the experience of the interior street; (g) Reduce the width of the truck loading entrance and exit to the minimum permitted by zoning. Detail these entrances and exits so that the building frontage, streetscape, and pedestrian realm of the sidewalk are as continuous as possible; (h) Provide additional details of the treatment of the loading space located off of Herald Plaza. If possible, this loading space should be relocated so that Herald Plaza has a more continuous pedestrian realm; Landscape/ Pedestrian Realm - (a) All landscaping and streetscaping must conform to the Performing Arts Center and the Omni streetscape guidelines, and should reflect the existing streetscape improvements that are located in the right of way. The proposal to match the pavings of the Performing Arts Center is unacceptable. Please consult Mr. Frank Rollason (305) 679-6800, for more information; (b) Provide shade trees and landscaping along Herald Plaza in the same manner as proposed along North Bayshore Drive; (c) Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas. Achieve this by providing a sidewalk with a consistent pattem and height that continues across vehicular areas. Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works. As part of your details and materials sheet in the final submittal, please include a detail of this vehicular ramping; (d) Clarify whether the planters at the bases of the columns and in the 06-01053mu Page 6 of 10 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM?ti ON 1101:0‘ facade openings, depicted on sheet A-3.04 and A-5.05, will be included in the landscape plan for the site; (e) The City of Miami has a tree removal application form and instructions that will need to be acquired. Please submit a survey of existing landscape. The City uses a method of "sum of inches" diameter at breast height to calculate replacement values vs. the county's method of sq. footage. Please refer to the City of Miami tree protection ordinance passed January 2005 and show necessary tables/ replacement species and sizes. The Planning Department's review resulted in design modifications that were then recommended for approval to the Planning Director. • It is found that the Large Scale Development Committee reviewed the project on May 10, 2006 to address the expressed technical concerns raised at said Large Scale Development Committee meeting. • It is found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board on May 17, 2006, which recommended Approval (UDRB Reso. 5-17-06-5) with conditions. It is found that on June 7, 2006, the City's Traffic Consultant, URS Corp., provided a review (W.O. #156) of the Traffic Impact Analysis submitted by the applicant and has found the traffic analysis sufficient. URS commented on the proposed new traffic signal at NE 14th Terrace/North Bayshore Drive intersection that the applicant needs to contact the appropriate local agencies to secure the formal approval and that the applicant must submit the approval document to the City staff for review prior to tendering the project to the Planning Advisory Board. Additionally the applicant must submit the relevant document showing the hours of operation and circulation of the delivery and service trucks of the Miami Herald printing facility around the project vicinity. • It is found that with respect to all additional criteria as specified in Section 1305.2 of Zoning Ordinance 11000, the proposal has been found to adhere to the following Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and Open Space; (5) Vehicular Access and Parking; (6) Screening; (7) Signage and lighting; (8) Preservation of Natural Features; and (9) Modification of Nonconformities. Based on these findings, the Planning Department is recommending approval of the requested Development Project with the foliowing conditions: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations conceming 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 it t4I TT 06-01053mu Page 7 of 10 ED INTO THE PUBLIC RECORD FOR ITEMPz w ON ii.o,.o� . 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 re- sponsibility, 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 Con- tractor/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 man- datory 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 in- cludes 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 ap- proval 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 devel- oped or provided, the applicant shall provide the Planning Department with all subordi- nate Class I Special Permit plans and detailed requirements for final review and ap- proval 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 de- velopment order or captioned in the plans approved by it. 10) If the project is to be developed in phases, the Applicant shall submit an in- terim plan, including a landscape plan, which addresses design details for the land oc- cupying future phases of this Project in the event that the future phases are not devel- oped, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director. 06-01053mu Page 8 of 10 a SUBMITTED INTO THE PUBLIC RECORD FOR ITEM'a,qON0 6.. /a 11) Pursuant to design related comments ceived by the Planning D' applicant shall meet the following conditions: (a) evelop NE 14th Street as street to provide for the highest level of connec vity with neighboring CRA a future connectivity with the waterfront; (b) Chamfer the southwest comer of the 'ui ding to respond to the existing urban form of the Pe rming Arts Center developed at the intersection of NE Bayshore and NE 13th Street; (c) Parallel parking shall be provided on all exterior streets; (d) Confirm the design and implementation of the circular plaza on Bayshore Drive with the Public Works Department; (e) Provide dimensions of all vehicu- lar entries and curb cuts in this project; (f) The proposed facade treatment of awnings, grilles, louvers and commercial panels, etc. shall be developed and refined to provide a more proper human scale and all of which shall be reduced in size and scale, and be further articulated; (g) Confirm the use and size of large-scale advertisement panels with the Zoning Department; The quantity and locations of signage in the project is ex- cessive and does not meet current Zoning Code; (h) Provide architectural treatment or a rooftop garden on the top floor of the parking garage, as it will be highly visible from the surrounding high-rise buildings and ensure that all cars on the top level of the garage will be hidden from view from above; (i) Provide a r along the inte- rior street to create a more dynamic and active retail space, and wilt enhance the ex- perience of the interior street; (j) Reduce tj 1h of the truck loading entrance and exit to the minimum permitted by zoning and detail these entrances and exi s so t the building frontage, streetscape, and pedestrian realm of the sidewalk are as continuous as possible; (k) Provide a itional details of the treatment of the loading space located off of Herald Plaza and if possi e, is oa s uld be relocated so that Herald Plaza has a more continuous pedestrian realm; (I) All landscaping and streetscaping must conform to the.P-e4orraing. is Center and the ' treetsca e guidelines, and should reflect the existing streetscape improvements that are located in right of way. (m) Provide shade trees and landscaping along Herald Plaza in the same manner as proposed along North Bayshore Drive; (n) Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas with vehicles rising to the sidewalk; (o) A final landscape plan shall be submitted for review and approval of the Planning Director prior to the issuance of a building permit; (p) Applicant shall provide signage to direct traffic towards North Bayshore Drive (q) Conditions "a" thru "p" shall require that the revised plans be submitted for review and approval of the Planning Di- rector demonstrating compliance with the above conditions prior to the issuance of a building permit. 12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: (a) Replatting of the property will be required to remove the platted easements; and that the following street improve- ments shall be required: (b) North Bayshore Drive — Construct new concrete sidewalk, curb and gutter adjacent to the project site and replace damaged median curbs adjacent to the project site. Mill and resurface the entire width, curb to curb, between NE 13th Street and NE 15th Street. Coordinate final pavement restoration with the Performing Arts Center and City Square Residential projects. The contractor shall also be respon- sible to replace any sidewalk, curb and gutter damaged by their operations adjacent to the Performing Arts Center; (c) Herald Plaza — Replace all damaged and broken side- walk, curb and gutter on both sides of the roadway adjacent to the project site..Con- struct new sidewalk and curb and gutter following the 25-foot corner radius. Mill and re- surface the entire width, curb to curb, adjacent to the project site. Approval from the Public Works Director is required for the proposed street brick work and a maintenance covenant shall be required for the non-standard improvements in the right of wary. Co- ordinate the proposed improvements with the Knight Ridder projects . , 5 St et u 1I DIN 06-01053mu Page 9 of 10 Dr, TO THE PUBLIC RECORD FOR ITEM Pz14 ON n-o9.o0 . — Replace damaged sidewalk curb and gutter adjacent to the project site; (e) NE 13th Street — Coordinate the replacement of damaged sidewalk, curb and gutter and any pavement restoration with the Florida Department of Transportation. 13) Pursuant to comments by the City of Miami Transportation Department, the following conditions shall be required of the applicant: (a) For the proposed traffic signal at NE 14th Terrace/North Bayshore Drive intersection, the applicant shall contact the ap- propriate local agencies to secure the formal approval and that the approval document shall be submitted to the City staff for review prior to tendering the project to the Plan- ning Advisory Board; (b) Applicant shall submit the relevant document showing the hours of operation and circulation of the delivery and service trucks of the Miami Herald printing facility around the project vicinity. 14) Prior to the issuance of a building permit, the applicant shall submit a letter of approval of the proposed height from the Miami -Dade County Aviation Department. If no such approvals are granted, the height of the proposed project shall be reduced to those heights referenced in the letter from Miami -Dade Aviation to the Planning Department dated May 4, 2006. 15) Within 90 days of the effective date of this Development Order, record a certified copy of the Development Order specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. 06-01053mu Page 10 of 10 bk7 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM ON -o't-o. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-01053mu Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE CITY SQUARE RETAIL PROJECT, TO BE LOCATED AT APPROXIMATELY 1431-1451 NORTH BAYSHORE DRIVE AND 425 NORTHEAST 13TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 130-FOOT, 5-STORY HIGH RETAIL STRUCTURE TO BE COMPRISED OF APPROXIMATELY 641,104 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 4,052 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 8, 2006, Ben Fernandez, Esquire, on behalf of Knight-Ridder, Inc., Successor by merger to Miami Herald Newspaper, Inc. and Miami Herald Publishing Company (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for City Square Retail referred to as "PROJECT") pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 1431-1451 North Bayshore Drive and 425 NE 13th Street, Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and WHEREAS, development of the Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on May 10, 2006 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on May 17, 2006, to consider the proposed project and recommended APPROVAL; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 5, 2006 Item No. 5, following an advertised public hearing, adopted Resolution No. PAB 06-068 by a vote of seven to one (7-1), recommending APPROVAL with conditions of the Major Use Special Permit Development Order as hereinafter set forth, including 1) Applicant will provide signage to direct traffic toward North Bayshore Drive; and 2) Recommend to the City Commission that there be no waiver of Chapter 36, Section 36-6 (Noise Ordinance); 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: SUBMITTED INTO THE City of Miami Page ge "fPUBLIC RECORO(CFOO6 ITEM Pi. itk ON u-e9 -oe,. File Number:: 06-01053mu Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A Major Use Special Permit Development Order, incorporated within, is approved subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the applicant, located at approximately 1431-1451 North Bayshore Drive and 425 NE 13th Street, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of an approximate 130-foot, 5-story high retail structure to be comprised of approximately 641,104 square feet of retail space; and approximately 4,052 total parking spaces. Section 4. The Major Use Special Permit Application for the Project also encompasses the lower ranking Special Permits as set forth in the Development Order. Section 5. The findings of fact set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as amended. b. The PROJECT is in accord with the proposed SD-6 (Central Commercial Residential) 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 any applicable conditions in the Development Order herein: DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE I) Site and Urban Planning: (1) Respond to the physical Yes *Yes contextual environment taking into consideration urban form and natural features; (2) Siting should minimize the Yes *Yes impact of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner lots Yes *Yes should be oriented to the corner and public street fronts. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM ?z.iq ON1i-oy.,6. II) Architecture and Landscape Architecture: City o f Miami Page 2 of 12 Printed On: 7/18/2006 File Number: 06-01053mu (1) A project shall be designed Yes to comply with all applicable landscape ordinances; (2) Respond to the neighborhood Yes context; (3) Create a transition in bulk Yes and scale; (4) Use architectural styles Yes and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building facade Yes vertically and horizontally in intervals that conform to the existing structures in the vicinity. (1) Promote pedestrian interaction; (2) Design facades that respond primarily to the human scale; (3) Provide active, not blank facades. Where blank walls are unavoidable, they should receive design treatment. *Yes *Yes *Yes *Yes *Yes SUBMITTED INTO THE PUBLIC RECORD FOR lTEMrz ON . III) Pedestrian Oriented Development: Yes Yes Yes *Yes *Yes *Yes IV) Streetscape and Open Space: (1) Provide usable open space Yes that allows for convenient and visible pedestrian access from the public sidewalk; (2) Landscaping, including plant Yes material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. (1) Design for pedestrian and vehicular safety to minimize conflict points; *Yes *Yes V) Vehicular Access and Parking: Yes *Yes City of Miami Page 3 of 12 Printed On: 7/18/2006 File Number: 06-01053mu (2) Minimize the number and Yes width of driveways and curb cuts; (3) Parking adjacent to a street Yes front should be minimized and where possible should be located behind the building; (4) Use surface parking areas Yes as district buffer. (1) Provide landscaping that Yes screen undesirable elements, such as surface parking Tots, and that enhances space and architecture; (2) Building sites should locate Yes service elements like trash dumpster, loading docks, and mechanical equipment away from street front where possible. When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front they should be situated and screened from view to street and adjacent properties; (3) Screen parking garage Yes structures with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. *Yes *Yes *Yes VI) Screening: *Yes *Yes *Yes VII) Signage and Liqhting: (1) Design signage appropriate Yes for the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design Yes feature to the building facade, on and around landscape *Yes *Yes SUBMITTED INTO THE FUBLIC RECORD FOR ITEM Pzia ON City of Miami Page 4 of 12 Printed On: 7/18/2006 File Number- 06-01053mu areas, special building or site features, and/or signage; (3) Orient outside lighting to minimize glare to adjacent properties; (4) Provide visible signage identifying building addresses at the entrance(s) as a functional and aesthetic consideration. (1) Preserve existing vegetation and/or geological features whenever possible. Yes Yes *Yes *Yes ,uok11TTED INTO THE 'UBLIC RECORD FOR :TEM vzi44 ON'-.. . VIII) Preservation of Natural Features: Yes *Yes IX) Modification of Nonconformities: (1) For modifications of n/a *n/a nonconforming structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform n/a *n/a to current regulations shall be designed to conform to the scale and context of the nonconforming structure. *Compliance is subject to conditions. These findings have been made by the City Commission to approve this project with conditions. d. The PROJECT is expected to cost approximately $334,100,000, and to employ approximately 2,400 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 1,725 permanent new jobs (FTE) and will generate approximately $3,095,270 annually in tax revenues to the City (2006 dollars). e. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; (2) the PROJECT will efficiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (5) the PROJECT will efficiently use necessary public facilities; (6) the PROJECT will not negatively impact the environment and natural resources of the City; City of Miami Page 5 of 12 Printed On: 7/18/2006 File Number. 06-01053mu (7) the PROJECT will not adversely affect living conditions in the neighborhood; (8) the PROJECT will not adversely affect public safety; (9) based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (10) any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority participation and employment, and minority contractor/subcontractor participation will be mitigated through compliance with the conditions of this Major Use Special Permit. Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANT and any successors in interest. Section 7. The application for Major Use Special Permit, which was submitted on June 8, 2006, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference. Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the PROJECT, incorporated within. Section 10. 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, 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 Square Retail (MU-2006-021), (hereinafter referred to as the "PROJECT") to be located at approximately 1431-1451 North Bayshore Drive and 425 NE 13th Street, Miami, Florida (see legal description on "Exhibit A", attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record. City of Miami Page 6 of 12 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM w—i4 OrCeid-O;;;:". File Number. 06-01053mu 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 P:ermit- M1TTED INTO TH E. FINDINGS OF FACT —1UBJBLIC RECORD FOR PROJECT DESCRIPTION: TEM PZ i ti ON The proposed PROJECT is a mixed use development to be located at approximately 1431-1451 North Bayshore Drive and 425 NE 13th Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 9.06* acres and a net lot area of approximately 6.35± 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 an approximate 130-foot, 5-story high retail structure to be comprised of approximately 641,104 square feet of retail space; and approximately 4,052 total parking spaces. The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits: MAJOR USE SPECIAL PERMITS MAJOR USE SPECIAL PERMIT, as per Article 17, Section 1701, Definition (2), for non-residential uses involving in excess of two hundred thousand (200,000.) square feet of floor area; MAJOR USE SPECIAL PERMIT, as per Article 17. Section 1701, Definition (7), to allow any single use or combination of uses requiring or proposing to provide in excess of five hundred (500) off-street parking spaces; CLASS II SPECIAL PERMITS CLASS II SPECIAL PERMIT, as per Article 6, Section 606.3.1, to allow erection of a new building in SD-6, SD-6.1 Central Commercial -Residential Districts; CLASS II SPECIAL PERMIT, as per Article 6, Section 606, Sub -Section 606.8.3 Open space and residential recreational space, to allow residential recreational space conforming to "The City of Miami Design Guides and Standards for Open Space and Residential Recreational Space"; CLASS II SPECIAL PERMIT, as per Article 9, Section 907.2 Open Space and Green Space requirements; modifications as to location by Special Permit with contribution to trust fund, Sub -Section 907.2.2.1, Open Space requirements for all zoning districts shall be provided as set forth within this ordinance except as follows, to allow approximately 4,013 SF of Open Space area required to be relocated or waived by making a non-refundable developer contribution of $ 50.00 per square foot of approximately $ 200,650.00 to the Parks and Open City of Miami Page 7 of 12 Printed On: 7/18/2006 File Number: 06-01053mu Space Trust Fund administered by the City of Miami as set forth in Chapter 62 of the City Code, as amended,. CLASS I SPECIAL PERMITS CLASS I SPECIAL PERMIT, as per, Article 9, Section 927. Temporary structures, occupancies, and uses during construction, criteria for special permits, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be approved by other city departments; CLASS I SPECIAL PERMIT, as per, Article 9, Section 906, Sub -Section 906.9. Temporary special events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremonies; CLASS I SPECIAL PERMIT, as per, Article 9, Section 916, Sub -Section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as groundbreaking ceremonies; CLASS I SPECIAL PERMIT, as per, Article 9, Section 918, Sub -Section 918.2. Temporary off-street offsite parking for construction crews, criteria, to allow temporary off-street offsite parking for construction crews working on a commercial -residential project under construction; CLASS I SPECIAL PERMIT, as per, Article 9, Section 920, Sub -Section 920.1.2. Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes, when authorized for security or other purposes in connection with land development such as construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT, as per Article 10, Section 10.6, Sub -Section 10.6.3.6 (3) SD-6.1 Central Commercial -Residential District to allow temporary development sign; REQUEST, for waiver of Chapter 36 Noise, Section 36-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted average dBA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria; REQUEST for applicable MUSP conditions to be satisfied at the time of Shell Permit instead of at issuance of Foundation Permit: a) The requirement to record in the Public Records a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association; and b) The requirement to record in the Public Records a unity of title or covenant in lieu of unity of title. Pursuant to Articles 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced City of Miami Page 8 of 12 SUBMITTED INTO THE PUBLIC RECG1:FFDR ITEMYt�9 ONn-ot.00. File Number: 06-01053mu 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 Arquitectonica, dated May 23, 2006; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by EDAW, dated May 22, 2006; 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) 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. 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 Miami -Dade County, Florida, prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of SUBMITTED INTO i ht City of Miami Page 9 of 12 n:87/ ITEM p1.14. ON»-og.oe, File Number: 06-01053mu 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 Attorneys 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) Insofar as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and detailed requirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order or captioned in the plans approved by it. 10) If the project is to be developed in phases, the Applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director. 11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions: (a) Develop NE 14th Street as a "public" street to provide for the highest level of connectivity with neighboring CRA areas and future connectivity with the waterfront; (b) Chamfer the southwest corner of the building to respond to the existing urban form of the Performing Arts Center developed at the intersection of NE Bayshore and NE 13th Street; (c) Parallel parking shall be provided on all exterior streets; (d) Confirm the design and implementation of the circular plaza on Bayshore Drive with the Public Works Department; (e) Provide dimensions of all vehicular entries and curb cuts in this project; (f) The proposed facade treatment of awnings, grilles, louvers and commercial panels, etc. shall be developed and refined to provide a more proper human scale and all of which shall be reduced in size and scale, and be further articulated; (g) Confirm the use and size of large-scale advertisement panels with the Zoning Department; The quantity and locations of signage in the project is excessive and does not meet current Zoning Code; (h) Provide architectural treatment or a rooftop garden on the top floor of the parking garage, as it will be highly visible from the surrounding high-rise buildings and ensure that all cars on the top level of the garage will be hidden from view from above; (i) Provide a second floor retail liner along the interior street to create a more dynamic and active retail space, and will enhance the experience of the interior street; (j) Reduce the width of the truck loading entrance and exit to the minimum permitted by zoning and detail these entrances and exits so that the building frontage, streetscape, and pedestrian realm of the sidewalk are as continuous as possible; (k) Provide additional details of the treatment of the loading space located off of Herald Plaza and if possible, this loading space should be relocated so that Herald Plaza has a City of Miami Page 10 of 12 SUBMITTED INTO THE PUBLIC REC et ITEMi' iy ON a-oa-os . File Number: 06-01053mu more continuous pedestrian realm; (1) All -landscaping and streetscaping must conform to the Performing Arts Center and the Omni streetscape guidelines, and should reflect the existing streetscape improvements that are located in the right of way. (m) Provide shade trees and landscaping along Herald Plaza in the same manner as proposed along North Bayshore Drive; (n) Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas with vehicles rising to the sidewalk; (o) A final landscape plan shall be submitted for review and approval of the Planning Director prior to the issuance of a building permit; (p) Applicant shall provide signage to direct traffic towards North Bayshore Drive (q) Conditions "a" through "p" shall require that the revised plans be submitted for review and approval of the Planning Director demonstrating compliance with the above conditions prior to the issuance of a building permit. 12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: (a) Replatting of the property will be required to remove the platted easements; and that the following street improvements shall be required: (b) North Bayshore Drive - Construct new concrete sidewalk, curb and gutter adjacent to the project site and replace damaged median curbs adjacent to the project site. Mill and resurface the entire width, curb to curb, between NE 13th Street and NE 15th Street. Coordinate final pavement restoration with the Performing Arts Center and City Square Residential projects. The contractor shall also be responsible to replace any sidewalk, curb and gutter damaged by their operations adjacent to the Performing Arts Center; (c) Herald Plaza - Replace all damaged and broken sidewalk, curb and gutter on both sides of the roadway adjacent to the project site. Construct new sidewalk and curb and gutter following the 25-foot corner radius. Mill and resurface the entire width, curb to curb, adjacent to the project site. Approval from the Public Works Director is required for the proposed street brick work and a maintenance covenant shall be required for the non-standard improvements in theright of way. Coordinate the roposed improvements with the Knight Ridder projects; (d) NE 15th Street - Replace damaged sidewalk, curb and gutter adjacent to the project site; (e) NE 13th Street - Coordinate the replacement of damaged sidewalk, curb and gutter and any pavement restoration with the Florida Department of Transportation. 13) Pursuant to comments by the City of Miami Transportation Department, the following conditions shall be required of the applicant: (a) For the proposed traffic signal at NE 14th Terrace/North Bayshore Drive intersection, the applicant shall contact the appropriate local agencies to secure the formal approval and that the approval document shall be submitted to the City staff for review prior to tendering the project to the Planning Advisory Board; (b) Applicant shall submit the relevant document showing the hours of operation and circulation of the delivery and service trucks of the Miami Herald printing facility around the project vicinity. 14) Prior to the issuance of a building permit, the applicant shall submit a letter of approval of the proposed height from the Miami -Dade County Aviation Department. If no such approvals are granted, the height of the proposed project shall be reduced to those heights referenced in the letter from Miami -Dade Aviation to the Planning Department dated May 4, 2006. 15) Within 90 days of the effective date of this Development Ofeler, recor a certified copy of the Applicant, its successors, and assigns, jointly or severally. tkid k IDevelopment Order specifying that the Development Order runs v iitl� fIa M TH PUBLIC RECORD FOR ITEMi z q ONu-,. Establish the operative date of this Permit as being thirty (30) days from the dtof its is , the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the THE CITY SHALL: City of Miami Page II of 12 Printed On: 7/18/2006 File Number: 06-01053mu provisions of the Permit. CONCLUSIONS OF LAW The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations and further, pursuant to Section 1703 of the Zoning Ordinance: (1) the PROJECT will have a favorable impact on the economy of the City; and (2) the PROJECT will efficiently use public transportation facilities; and (3) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) the PROJECT will efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. .,.,m1I i7ED INTO THE UBLIC RECORD FOR rcM ?zit; ON 11-01.0o. City of Miami Page 12 0f 12 Printed On: 7/18/2006 • • SITE DATA & DEVELOPMENT PROGRAM City Square — Retail The Herald Site Redevlopment 1431 — 1451 N. Beyahore Drive Miami, Florida 1. SITE DATA SUMMARY ZONING CLASSIFICATION: FEMA ZONE: NET LOT AREA: GROSS LOT AREA: MAXIMUM FAR FOR ALL USES: ALLOWABLE TOTAL SF: SD-6.1 High Density Residential ZONE AE 10 (El, ) 276,692 SF +/- 6.35 acres 394,573 SF 1.72 FAR 678,665 SF (1.72 X GLA) MAXIMUM UNITS / ACRE: 500 Units Max. / Acre 500 x 6.35 acres = 3,175 units max. HEIGHT RESTRICTIONS: NONE II. SETBACKS & YARD REQUIREMENTS (Sec. 606.8.11 Streets: NE 15'h Street 5'-O" fieStilired North Bayshore Drive 5'-0" Herald Plaza 5'-0" NE 13'h Street 5'-0" III. OPEN SPACE REQUIREMENTS (Sec. 606.5.31 Required Non -Residential Min 10% GLA required for gross lots greater than 1 acre = 39,458 SF "EXHIBIT B" ARQUITECTONICA May 03,2006. Project 02386 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM?ai4 ON n-oy-ac. Provided 5'-0" 5'-0" from building base line 5'-0^ 5'-0" Provided Bayshore Dr. = 9,981 SF 13 street = 8,283 SF 14th street = 12,260 SF 15'h street = 6,941 SF Total = 35,445 SF Open space Is provided at Urban Plaza, grade, amenity deli. rood terrace, and private balconies. e The net differential between the required and provided open space requirements will comply with the regulations set Iorlh in 907,2.2.1 as they pertain to the Park and Open Space Trust fund administered by the City of Miami as eel dorm in dater 82 d the City Cods. IV. URBAN PLAZA REQUIREMENT (Sec. 606.8.3.11 Required Provided Min 5% GLA required for gross lots Bashore Dr. = 9,961 SF greater than 1 acre = 19,728 SF 14 street = 12,260 SF 15th street = 6,941 SF Total = 29,162 SF V. BUILDING F.A.R. AREA SUMMARY(Sec. 606.7.1) MAXIMUM FAR FOR ALL USES: 1.72 FAR ALLOWABLE TOTAL SF: 678,665 SF (1.72 X GLA) ALLOWABLE NON-RESIDENTIAL SF: TOTAL: 2,796,808 SF Provided 641.104 SF 641,104 SF 'Areas are estimated based on preliminary design. Floor Area RaUo does not Include elevator shills, mechanical & electrical i stairways or parking as defined by Me City of Mleml. Balcony area and exterior terrace area Is not Included in the Floor Area Ratio. VI. BUILDING STATISTICS Number of Units: Number of Floors: VII. PARKING GARAGE SUMMARY Residential Retail Basement level 1 Herald replacement parking Basement levels 2 & 3 P.A.C. parking TOTAL: • Parking numbers are prellrnlnary. VIII. LOADING SUMMARY: Residential / Non -Residential Max. Allowable 3,175 No height restriction ,Code Requirement 1 spare / unit 1 space / 1000 SF = 665 HC spaces - 1001 and over... - 20 plus 1 for each 100 over 1000 20 HC + 7 HC = 27 HC spaces req. HC spaces = 1001 and over... - 20 plus 1 for each 100 over 1000 20 HC - 20 HC spaces req. HC spaces - 1001 and over... - 20 plus 1 for each 100 over 1000 20 HC + 3 HC = 23 HC spaces req. Code Requirement (1) Berth 12' x 55' For every 500,000 SF of gross building area Provided 0 5 floors above grade (110'-0- A.G.L) Provided 0 1,780 spaces 744 spaces 1,528 spaces 4,052 spaces Provided (15) Berth 12' x 75' Up to 500,000 of gross building area JUN $ 9 200E LEGISTAR FILE ID: 06-01053mu July 5, 2006 APPLICANT REQUEST/LOCATION COMMISSION DISTRICT ZONING DISTRICT(S) SITE AREA LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION SUBMITTED INTO THE PUBLIC RECORD FOR PLANNING FACT SHEET ITEM iZ I�� ON II-Oq-Dk Ben Fernandez, Esquire, on behalf of Knight-Ridder, Inc., Successor by merger to Miami Herald Newspaper, Inc. and Miami Herald Publishing Company. Consideration of a Major Use Special Permit for the City Square Retail project (MU-2006-021), located at approximately 1431-1451 North Bayshore Drive and 425 NE 13th Street. [Downtown NET District] 2 SD-6.1 (Central Commercial Residential) 9.06± acres (Gross) and 6.35± acres (Net) See supporting documentation. Consideration of a Resolution, approving with conditions, a Major Use Special Permit pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, as amended, for the City Square Retail project (MU-2006-021), to be located at approximately 1431-1451 North Bayshore Drive and 425 NE 13th Street, Miami, Florida, to construct an approximate 130-foot, 5-story high retail structure to be comprised of approximately 641,104 square feet of retail space; and approximately 4,052 total parking spaces. Approval with conditions. See supporting documentation. Recommended approval with conditions VOTE: 7-1 to City Commission. July 27, 2006 CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 Date Printed: 7/20/2006 Page 1 LEGISTAR FILE ID: 06-01053mu APPLICANT REQUEST/LOCATION PLANNING FACT SHEET SUBM1TTED INTO THE PUBLIC RECORD FOR JTEM'ri-L ON Ii-«�.�,. July 5, 2006 Item # 5 Ben Fernandez, Esquire, on behalf of Knight-Ridder, Inc., Successor by merger to Miami Herald Newspaper, Inc. and Miami Herald Publishing Company. Consideration of a Major Use Special Permit for the City Square Retail project (MU-2006-021), located at approximately 1431- 1451 North Bayshore Drive and 425 NE 13th Street. [Downtown NET District] COMMISSION DISTRICT 2 ZONING DISTRICT(S) SD-6.1 (Central Commercial Residential) SITE AREA 9.06± acres (Gross) and 6.35± acres (Net) LEGAL DESCRIPTION See supporting documentation PETITION Consideration of a Resolution, approving with conditions, a Major Use Special Permit pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, as amended, for the City Square Retail project (MU-2006-021), to be located at approximately 1431- 1451 North Bayshore Drive and 425 NE 13th Street, Miami, Florida, to construct an approximate 130-foot, 5-story high retail structure to be comprised of approximately 641,104 square feet of retail space; and approximately 4,052 total parking spaces. PLANNING RECOMMENDATION APPROVAL with conditions BACKGROUND AND ANALYSIS See supporting documentation PLANNING ADVISORY BOARD VOTE: CITY COMMISSION CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 Date Printed: 6/30/2006 Page 1 CI T Y 0 P M 1 A M I PLANNING DEPARTMENT URBAN DEVELOPMENT REVIEW BOAR D (U D R B) RESOLUTION FOR RECOMMENDATION UDRB MEETING 5/ 1 7/ 2 0 0 6 Item No. 5: A motion was made by Julio Diaz and seconded by Robin Bosco for a resolution recommending to the director of the Department of Planning eppmual with conditions for a Major Use Special Permit for the project City Square Retail located at 425 NE 13h Street with a vote of 3 to 1. Vote Liar Yes No Recused Absent am0 Todd B. Tragash, chairman 0 ►: 0 ■ Julio Dian, %so Chaim.= :4 ■ ❑ ❑ Robert Behar 0 ■ 0 ER Robin Bosco El ■ ■ ■ Roger Pry ■ ■ ■ :4 Matins Khoury 0. ■ ■ IN Ernesto Santos :i 0 0 ■ Derrick Smith ■ ■ ■ M Cados Tourer Ei 0 0 ■ Conditions: • Work with staff to address current Internal Design Review comments. Suggestions: • Define trash and garbage dumpster areas. Attest: 61.-1.- Ana Gelab Sanchez, trector SUBMITTED INTO THE PUBLIC RECORD FOR ITEMPz ON q-oq-a. C I T Y 0 F M I A M I P I. A N N I N G D Is P A R. T Al E N "T a1't)LiJI-EDINO TFIE PRE-A'ILIfAtION DESIGN REVIEW COMM R MAjoR t.iSl: SPECIAL PERMIT UBLIC RECORD FOR CITY SQUARE r�� 1431-1451 !sniNORff: Dow ORE DRIVE: ITEMP2..1AN1i'DIS'I'RICi:DOWN'I'O\Y N ON I t - `9 -0G, 05-09-06 City of Miami Vision Statement: 'To Be an International which which Embodier Dinersi ,, EconomicOpportrrni/y', Ef olire Customer Service and a I-fighly Rated Quality of 1.0" COMMENTS: The following comments represent the unified vision of the Pre -Application Design Review Committee, which consists of all staff members in the Urban Design and Land Development Divisions. The City of Miami strives to achieve diverse pedestrian -friendly distinct neighborhoods, promote trrnsit connections, and provide contextual, safe, and comfortable buildings, blocks, streets, and parks that contribute to a prosperous city for all residents to enjoy. **The application package is missing critical items, marked in bold below. The applicant may not proceed to the UDRB until these items are submitted to the Pre -Application Design Review Committee. All other comments may be addressed as conditions of the Major Use Special Permit. Urban Design/Context • While the committee appreciates the applicant's attempts to develop the project with ground floor retail liner and streetscaping, the project as proposed still consists of a superblock that internalizes most activity within a private corridor and elevated walkways. These areas are incorporated into the mass of the complex, thus drawing activity off of the street, and they do little to promote a diverse and lively urban environment. Shoppers will have little need to reach the public street level and engage with the revitalized Arts District. • As stated previously, develop NE 14th Street as a "public" street to provide for the highest level of connectivity with neighboring CRA areas and future connectivity with the waterfront. We understand that the current segment of NE 14th Street between Bayshore and Herald Plaza Drive is not public right of way, but we urge the project to develop the area as a fully operational public street with a seamless connection to the existing city street grid. This would include that the street be fully open to the sky, open to typical vehicular traffic, and be developed at street level with a high percentage of active uses that promote pedestrian activity. • As previously stated, chamfer the southwest corner of the building to respond to the existing urban form (Performing Arts Center) developed at the intersection of NE Bayshore and NE 13'I' Street. This edge does not react to the surrounding properties. • As previously stated, consider parallel parking on all exterior streets. • Confirm the design and implementation of the circular plaza on .Bayshore Drive with the Public Works Departinent. • Provide dimensions of all vehicular entries and curb cuts in this project. Architecture • While the committee appreciates the developments in the massing and materials of theproject, the architectural treatment continues to bear little relationship to the human scale. it presents a superblock of 100' tall blank walls along all sides of two critical blocks within the Performing Arts District, and is unacceptable. • The proposed facade solution, consisting of large panels which vary slightly in height, setback, and material, while an improvement over the original submittal of the project (09-27-2005) continues to be unacceptable. These panels continue to be out of scale with the pedestrian environment that is envisioned for the Performing Arts Center. Their dimensions, which vary from 100'x30' to 100'x120', are too large and dominate the streetscape. • Indicate the depth and dimensions of all facade treatment in plan. 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. Page 1 of 3 • "the scale of the proposed louvers, metal panels, window openings, awnings, and other architectural embellishment on the building is too large. These treatments create an unrealistic facade and an uncomfortable pedestrian environment. Continue to develop these architectural treatments with the proper human scale. • The vehicular ramp at the north side of the parking garage serves as an important termination to the view south down North Bayshore Drive. Provide a more architectural solution to this moment of the building rather than the proposed 90' tall advertisement. Materials • The architectural treatment, consisting of large blocks of varying materials, shall be further developed to include a wider range of materials, such as stained concrete and spandrel glass t ,J of • Provide dimensions of all facade modulations and commercial panels on the elevations, so that the 0 committee has a better sense of the impact of this project on the pedestrian realm. ,, • The proposed use of metal louvers and mesh along much of the facade of the two blocks is unacceptable. U.— • The committee is concerned that the metal with green lighting will appear a typical gray during the ® ® day and will blend with the adjacent panels, creating an unbroken wall of metal that will become monotonous. wy • The metal grille work (sheet A-3.05) consists of panels that are nearly a story high, which is unacceptable. ow.... O Reconsider the scale and articulation of these panels and consider a more human -scale solution. CI .r ' CI • The "Aluminum Frame with Inset Mesh Panels" (sheet A-3.04) is rendered to appear as the same ■vmaterial as the "clear glazing" of the retail storefronts. Please update these renderings to accurately I-J..J rv/ 1:: depict the character of the material. JL L� • Clarify whether the white wall depicted on sheet A-3.06 is stone cladding or scored stucco. CU p. • The awning treatment located on the east and west facade of the building (sheet A-3.06) is nearly 20' high and a bears little relationship to the pedestrian scale of the street. Continue to refine the scale and articulation of -J these awnings and consider a more human -scale solution. no co •c • Update all plans and elevations to include the water feature depicted on sheet A-5.08, if applicable. ZUj • Provide additional information regarding the details of the interior corridor, including the elevator, ) 0.- escalator, materials, art sculpture, catwalks, roofing and railings. Signage • Confirm the use of large-scale advertisement panels with the Zoning Department. • The proposed Commercial Panels on the North and East elevations of the building arc out of scale with the context and are inappropriate. The precedent example (sheet A-3.08) depicts a panel that is around 20' high and has a powerful impact on the pedestrian realm. The proposed panels in this project, however, will be nearly 90' high will have an impact on the pedestrian realm that is inappropriate. Reduce the size of these panels to be more in keeping with the human scale. • The retail signage for the first floor (sheet A-3.05) is nearly a story high and is unacceptable. Reduce the size of this signage to be more in keeping with the pedestrian scale. Meet with the zoning department to confirm the size of this signage. • The quantity and locations of signage in the project is excessive and does not meet current Zoning Code. Parking Garage • It is critical that parked cars and mechanical systems within the garage be hidden from view. Provide details of the materials proposed to cover the garage openings, and indicate how all vehicles and mechanical systems within the garage will be concealed from view. Include wall sections and precedent photographs so that the committee can better understand the garage treatment. • Provide architectural treatment or a rooftop garden on the top floor of the parking garage, as it will be highly visible from the surrounding high-rise buildings. In particular, ensure that all cars on the top level of the garage will be hidden from view from above. • Consider lining the second floor of the parking garage with office space along Bayshore Drive, and if possible, lierald Plaza. • Consider providing second floor retail liner along the interior street. This will create a more dynamic and active retail space, and will enhance the experience of the interior street. • Reduce the width of the truck loading entrance and exit to the minimum permitted by zoning. Detail these entrances and exits so that the building frontage, streetscape, and pedestrian realm of the sidewalk are as continuous as possible. 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. Page 2of3 • Provide additional details of the treatment of the loading space located off of Herald Plaza. If possible, this loading space should be relocated so that Herald Plaza has a more continuous pedestrian realm. Landscape/ Pedestrian Reahn • All landscaping and streetscaping must conform to the Performing Arts Center and the Omni streetscape guidelines, and should reflect the existing streetscape improvements that are located in the right of way. The proposal to match the pavings of the Performing Arts Center is unacceptable. Please consult Mr. Frank Rollason (305) 679-6800, for more information. • Provide shade trees and landscaping along Herald Plaza in the same manner as proposed along North Bayshore Drive. • Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas. Achieve this by providing a sidewalk with a consistent pattern and height that continues across vehicular areas. Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works. As part of your details and materials sheet in the final submittal, please include a detail of this vehicular ramping. • Clarify whether the planters at the bases of the columns and in the far;.ade openings, depicted on sheet A-3.04 and A-5.05, will be included in the landscape plan for the site. • The City of Miami has a tree removal application form and instructions that will need to be acquired. Please submit a survey of existing landscape. The City uses a method of "sum of inches" diameter at breast height to calculate replacement values vs. the county's method of sq. footage. Please refer to the City of Miami tree protection ordinance passed January 2005 and show necessary tables/ replacement species and sizes. 'Ihe Planning Department reserves the right to comment further on the project as details or explanations are provided and may revise previous comments based on this additional information. This package is currently considered incomplete and comments are preliminary. * - 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 requirements of the other sections such as Building, Mechanical, Public Works, Zoning, etc. SUBMITTED INTO 1 HE PUBLIC RECORD FOR ITEM p2k40N 11-64-64 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. Page 3 of 3 Superintendent of Schools Rudolph F Crew, Ed.D. Pi. A 1 .'a i-Dade County Public Schools Ana Rijo-Conde, AICP, Facilities Planning Officer Facilities Planning April 24, 2006 Ms. Ana Gelabert-Sanchez Department of Planning and Zoning City of Miami 444 SW 2nd Avenue, 3r' Floor Miami, FL 33130 giving our students the world Miaml-Dade County School Board Agustin J. Barrera, Chair Perla Tabares Ilantman, Vice Chair Frank J. Bolanos Evelyn Langlieb Greer Dr. Robert B, Ingram Dr. Martin Karp Ana Rivas Logan Or. Marta Perez Dr. Solomon C. Stinson -17 r— n x x • RE: CITY SQUARE — RETAIL 425 NE 13 STREET & 1431-1451 N. BAYSHORE DRIVE m Pursuant to the State mandated Interlocal Agreement for Public School Facility If1'ganni in Miami -Dade County (Interlocal Agreement) the District has reviewed the application and supporting documentation for the above referenced project. Our findings indicate that the requirements of the Interlocal Agreement are not triggered since the development does not contain residential dwelling units. As such, a dialogue between the School District and the above referenced applicant is not applicable. Thank you in advance for your cooperation in this matter. Should you have any questions, please contact me at (305) 995-7287. VGV:mo L1268 cc: Ms. Ana Rijo-Conde Mr. Fernando Albuerne Mr. Ivan M. Rodriguez, R.A. Mr. Kevin Walford Sincerely, k. Viviah G. Villaamil Director I SUBMITTED INTO Tha PUBLIC RECORD FCC ITEM vzi4 ON n-oq-t, School Board Administration Building • 1450 N.E. 2'6 Avenue, Suite 525 • Miami, Florida 33132 305-995-7285 • FAX 305-995-4760 • arijo@dadeschools.net CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM !'LANN► ,t1 OE ARTMEN TO : FROM : Ana Gelabert-Sanchez Director Planning Department Stephanie N. Grindell, P.E. Director Public Works Department DATE: SUBJECT: April 24, 2006 26 Alin: 07 FILE : Large Scale Development Review - City Square/ Retail. REFERENCES: ENCLOSURES: r SUBMITTED tNTO is PUBLIC RECORD FC . ITEM pz 14ONn1-01.7o4 The Public Works Department has reviewed the Large Scale Development plans for the development entitled City Square/ Retail located at 425 N.E. 13 Street and 1431-1451 North Bayshore Drive and has the following corrunents. 1. Replatting of the property will be required to remove the platted easements. The proposed building is not permitted to encroach into the easements at any level, above or below grade. 2. A portion of the loading area may encroach onto State owned land on the north side of N.E. 13 Street. Title to this land must be acquire prior to issuance of a building permit for this site. 3. 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 acconunodate the proposed building ground floor elevation. 4. Provide dimensions of the loading, parking spaces, back up distances, trash area and the stalls. Standard parking spaces are 8.5 feet wide and 18 feet long and require a 23 foot back-up distance. A Special Class 11 permit is required to reduce the back-up distance. Verify with the Zoning Department that the column spacing/ clearance in the parking garages is sufficient. 5. The Public Works Department does not approve a driveway entrance/exit to the underground parking onto N.E. 15 Street. A driveway at this location will conflict with the intersections at North Bayshore Drive and Herald Plaza and with pedestrian traffic utilizing the Metrolnover. 6. The maximum slope for a driveway ramp sloping downward toward the street is 1:10 for the last 20 feet to the property line. The maximum slope for a driveway ramp sloping upward toward the street is 1:20 for the last 20 feet to the property line. 7. The approval of the Off -Street Parking Department is required for removal of metered parking in the right of way and ADA parking along Herald Ana Gelabert-Sanchez Director Planning Department Page 2 4/21/2006 Plaza. Also, the approval of Miami -Dade Public Works Department is required for the improvements along N. E.15 Street. 8. Any improvements that required a change in the existing street cross section will require the approval of the Public Works Director including the decorative "sunburst" located in the intersection of North Bayshore Drive and N.E. 14 Street. If the decorative "sunburst" design is approved, dedication of right of way or a public access easement shall be required where pedestrians and vehicles are required to enter private property. A maintenance agreement for the decorative feature will be required. 9. All stormwater must be retained on site including the driveways, interior courtyards and plazas on private property adjacent to the public streets. All common areas, 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. 10. A maintenance agreement between the City of Miami and the property owner is required for any landscaping and decorative sidewalk treadnent located in the public right of way. Public Works approval and permit is required for any landscaping improvements in the right of way. 11. 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. 12. City of Miami driveway entrances, in compliance with A.D.A. standards, shall be required. Continuous pedestrian sidewalk is required within the public right of way abutting the project site without requiring pedestrians to enter private property. Along N. Bayshore Drive and Herald Plaza, the sidewalk width must maintain 5 feet in order to comply with. A.D.A. clearance requirements. 13. 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. 14. 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. SUBMITTED INTO THE PUBLIC RECORD FOR JTEMi4 ONu--6. Ana Gelabert-Sanchez Director Planning Department Page 3 4/21/2006 15. Since this project is more than one acre in total construction area, the methods of construction must comply with the City of Miami Municipal Separate Storm Sewer Permit (MS4). This project will require a Florida Department of Environmental Protection (DEP) Stormwater, Erosion and Sediment permit. For information on a DEP permit application, please contact our department at (305) 416- 1200 or www.dep.state.fLus/ water/stormwater/npdes. 16. Correct the street address for the retail component of this project. 17. A suitable turn -around will be required at the south end of N.E. Bayshore Place (Herald Plaza). Contact the Fire Rescue Department and the Public Works Director for the dimensions of a suitable turn -around. Coordinate the turnaround with the proposed "Mae Square" subdivision for this project. In addition to these comments, the Public Works Department will require the following street improvements: N. Bayshore Drive: Construct new concrete sidewalk, curb and gutter adjacent to the project site and replace damaged median curbs adjacent to the project site. Mill and resurface the entire width, curb to curb, between N.E. 13 Street and N.E. 15 Street. Coordinate final pavement restoration with the Performing Arts Center and City Square/Residential projects. The contractor shall also be responsible to replace any sidewalk, curb and gutter damaged by his operations adjacent to the Performing Arts Center. Herald Plaza: Replace all broken and damaged sidewalk, curb and gutter on both sides of the roadway adjacent to the project site. Construct new sidewalk and curb and gutter following the 25' corner radius. Mill and resurface the entire width, curb to curb adjacent to the project site. Approval of the Public Works Director is required for the proposed street brick work and a maintenance covenant shall be required for the non- standard improvements in the right of way. Coordinate the proposed improvements with the Knight Ridder projects. N.E. 15 Street: Replace damaged sidewalk curb and gutter adjacent to the project site. N.E. 13 Street: Coordinate the replacement of damaged sidewalk, curb and gutter and any pavement restoration with the Florida Department of Transportation. Ji3MITTED INTO THE UBLIC RECORD FOR TEMnw ON fl-oq-oo. Ana Gelabert-Sanchez Director Planning Department Page 4 4/21/2006 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. Handicap ramps, in compliance with ADA standards, are required at all street intersections adjacent to the project site. The streets and avenues adjacent to the project site must be clear of dust and construction debris at all times. If you have any questions concerning these comments, please call Mr. Leonard Heliners, Professional Engineer IV, at extension 1221. SNG/LJH/ EE/ee 4(u c: ARQUITECTONICA 801 Brickell Avenue, Suite 1100 Miami, Florida 33131 Stephanie Grindell, P.E., Director of Public Works Lourdes Slazyk, Assistant Director, Planning Department Manuel A. Vega, P.E., Zoning Department bc: Development and Roadway Plan Section Central SUBMITTED INTO PUBLIC RECORD Fa ITEM 1z ON ii-Ddr-oG MIAMI INTERNATIONAL AIRPORT Commercial Airport: Miami international Airport General Aviation Airports: Dade -Collier Training & Transition I lomestead General Kendall-Tamiami Executive Opa-loc#a opa.locka West Mr. Kevin Walford City of Miami, Planning Department 444 SW 2" d Ave, 31-d Floor Miami, FL 33130 Miami -Dade Aviation Department P.O. Box 592075 Miami, Florida 33159 T 305-876-7000 F 305-876-0948 www.miarni-airport.com miamidade.gov May 4, 2006 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM pzigONu oq-or.. RE: Height Analysis for the City Square Retail Project located by NE 15'h St and N. Bayshore Drive, in Miami, FL Dear Mr. Walford: r The Miami -Dade Aviation Department (MDAD) has reviewed your Large Scale Development Submittal dated April 6, 2006 for a height analysis for the above referenced project. Our review finds that an assumed 120 ft AMSL (Above Mean Sea Level) structure at this location conforms to the Miami -Dade County Height Zoning Ordinance. This height determination is an estimate issued on a preliminary or advisory basis. It is not necessary to file with the FAA for the structure height as stated above by using form 7460-1 `Notice of Proposed Construction Alteration for Determination of Known Hazards'. However, any construction cranes for this project exceeding 200 ft must be filed by the construction contractor using the same form. 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 htt.ps://oeaaa:faa:goy Please note that the airspace review process is governed by two different regulations: the Miami -Dade County Height Zoning Ordinances and Federal Regulation Title 14 Part 77. The FAA has its own airspace evaluation requirements, ;and issues airspace determinations for structures and cranes based on the particular facts then presented before the FAA. The County's Department. of Planning and Zoning (P&Z) or the applicable municipal building official determines whether the County's zoning requirements and height limitations are met, and FAA determines whether FAA building, marking and height requirements are met. This determination is based, in part, on the description provided to us by you, which includes specific building locations and heights. Any changes in building locations/layouts or heights will void this determination. Any future construction or alteration, including an increase to heights requires separate notice to the FAA and the Miami -Dade Aviation Department. Mr. Kevin Walford May 4, 2006 Page 2 ,01'v11TTED INTO THE LBIJC RECORD FOR M rem ON n-0946 . Should you have any questions in obtaining and/or filling out FAA form 7460-1 or if I can be of any further assistance, please feel free to contact me at 305-876-8080. Res Jos: A. Ramos, R.A. \ Chi f of Aviation Planning Section JR/DV/ef cc: S. Harman J. Bunting D. Vreeland Diane O'Quinn Williams, Department of Planning and Zoning Al Torres, Department of Planning and Zoning Damon Holness, Department of Planning and Zoning Orlando Toledo, City of Miami File Airspace