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HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoANALYSIS FOR MAJOR USE SPECIAL PERMIT FOR HYDE MIDTOWN flkla MIDTOWN 3 located at approximately 3401 NE lst Avenue LEGISTAR FILE ID: 13-01416mu FRAME OF REFERENCE: The Hyde Midtown f/k/a Midtown 3 is a mixed use project to be located an track "G" of Buena Vista Yard Regional Activity Center, which was declared a phased project by the City of Miami Planning and Zoning Department on April 6, 2004, and whose cap ceilings for the permitted uses are established in the Comprehensive Neighborhood Plan, Appendix LU-1 as follow: "Permitted Uses: Permitted uses shall be as for the underlying land use classification; however, the follovving minimum and maximum development thresholds shall apply: Residential: 2,000 units minimum / 4,500 units maximum Commercial: 500,000 sq, ft, minimum / 1,200,000 sq. ft. maximum Office: 80,000 sq. ft. minimum / 100,000 sq. ft. maximum" The subject site is located within the SD-27,1 Midtown Miami East Special District, which is described and governed by Appendix C "SD-27 Midtown Miami Special District" of Miami 21 Code. "rhe Hyde Midtown was considered by the Planning, Zoning and Appeals Board (PZAE3.1) on February 19, 2014 and recommended for approval with conditions. After PZAB consideration the project was modified as follows: 1. Residential units increased from 400 to 410 condo units, 2. Residential FAR increased from 439,291 square feet to 440,000 square feet. 3. Hotel units reduced from 80 to 60 hotel rooms. 4. Hotel FAR increased from 38,665 square feet to 40,000 square feet 5. Parking spaces provided reduced from 526 to 521 parking spaces, which complies with the parking requirements for the project as modified. 6. The east setback on East Coast Avenue increased from 5'-0" to 53'-0" to create an open public space. 7. The southern setback along NE 34th Street increased at the Ground Floor from 0'-0" to 18)-0", and from 15'-0" to 18'-0" above 75' elevation. Even though the above modifications represent a small impact to the magnitude of the project, the applicant is allowed to modify this application, as the proposed modifications are Page 1 of 6 not substantial, as provided under Sec, 7.1.3.5 (Modifications to Applications Requiring Public Hearing) of the Miami 21 Code. PROJECT PROFILE: The proposed phased project for Hyde Midtown is a mixed use tower of 330 feet in height (447' N.G.V,D.), with residential and commercial components comprised of: Height: 31 Stories (as per plans on file) Residential Component: Units: 410 residential dwelling units 30 residential dwelling units1 FAR (Res): 440,000 sq. ft FAR (Hotel): 40,000 sq..ft Commercial component: Retail at Ground Floor: 20,307 square feet of Retail Space (Sec. 627.1.6.(2)(d): Ground floor retail in mixed -use buildings shall not be included in floor area calculations). Parking space 521 off-street parking spaces. The analysis for the proposed Hyde Midtown project is limited to the provisions of the Zoning Ordinance 11000, included as "Appendix C: Midtown Overlay District" of the Miami 21 Code, and a covenant, pursuant to , Sec. 9.10.7 of Zoning Ordinance 11000, affecting the land and development rights of the overall SD-27.1 "Midtown Miami East Special District". This Major Use Special Permit, as per Article 2 Section 2.2.1.1 and Appendix C Section 627.1.3.2 of the Miarni21 Code, is to allow residential units in a' single building that exceed four hundred (400) dwelling units. This Major Use Special Permit encompasses the following Special Permits and Requests: CLASS 11 SPECIAL PERMIT, as per Appendix C, Section 627.1.3.1, Class II Special Permit, to allow the construction of a new residential building in $t -627,1 "Midtown Miami East Special District CLASS II SPECIAL PERMIT, as per Appendix C, Section 627.1.17(3), Class II Special Permit, to allow maneuvering of loading trucks within the public right of way (East Coast Avenue) 1 Represented by 60 hotel rooms. As per Sec. 903.4. Hotel and motel density equivalents::For the purposes of density calculation, hotel and motel rooms shall be considered as equivalent to one-half (0,50) of a dwelling unit.}` Page2of6 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. FINDINGS FOR THE SUBMITTAL CONSIDERED BY PZAB ON FEBRUARY 19, 20144 In determining the appropriateness of the proposed project, the Planning and Zoning Department referred this project for additional input and recommendation to: Projects Review Meeting; • Large Scale Coordinated Review Committee (LSCRC); and The Urban Development Review Board (UDRB);' Recommendations from the aforementioned Committees and Boards, as well as the referral of the Office of Zoning have been considered in the preparation of the following findings: The subject project is located on track,"'G" of Buena Vista Yard Regional Activity Center, which was declared a phased project by the City of Miami Planning and Zoning Department on April 6, 2004, and whose cap ceilings for the permitted uses are established in the Comprehensive Neighborhood Plan. The zoning designation for the subject properties Is SD-27.1 (Midtown Miami Special District). The property is located within the Buena Vista Yard Regional Activity Center as described in the City of Miami Comprehensive Plan, and its Land Use category is "Restricted Commercial The proposed project is located betweenMidtown Blvd. on the west, NE 34th Street on the south and East Coast Avenue on the east, and will benefit the area by creating additional residential units, hotel rooms, and commercial uses. 209 residential units out of the 400 units provided, as well as 128,807 sq. ft of F.A.R. and 8,084 sq. ft of FAR. bonus will be allocated into the project pursuant to Covenants in lieu of unity of title (CFN 2004R0622724 and CFN 2011 R0815515) recorded on 7/23/2004 and 12/06/2011 respectively, considered sufficient to allow the transfers' of density and intensity within DS-27.1, and attached hereto for reference. In addition, the project as proposed is purchasing the 57,100 sq. ft of bonus FAR area. Based on City of Miami Code of Ordinances, Sec. 62-325. Schedule'. of fees and charges: The schedule of fees and charges to be assessed and paid into the trust fund is as follows: Floor Area ratio (FAR) BONUS FEES. Developers wishing to obtain bonus FAR area for properties located in the SD-27 district shall pay one-time, nonrefundable fee of $ 12.40 per square foot ofbonus floor area ratio (FAR) to the city FEC Corridor Improvement Trust Fund as prerequisite to obtaining a building permit. The abovementioned fee has been calculated in the amount of seven hundred and eight thousand and forty dollars ($ 708,040.00). Page 3of6 • As per the Economic Impact Analysis dated on October 2013 and submitted with this application, the proposed modification to the project is expected to cost approximately $ 152,500,000, and to generate a max, of 175 Full Time Equivalent (FTE) jobs during construction period; The project will also result in the creation of approximately 150 new Full Time Equivalent jobs (FTE) and will generate approximately $1,232,500 annually in tax revenues to the City. • The maximum height allowed is 300' and 28 stories, the project is providing 330' height (347' N.C„V.D.) and 31 stories after consideration of a non -substantial modification of 10% of the allowed height by the Planning and Zoning Director pursuant to Sec. 627.1.6.4. (a), Consulting Engineering and Science Inc. conducted an "Environmental Impact Analysis Statement" dated September 20, 2013 concluding that: "the proposed project development is appropriate and will have a favorable impact on the economy, public services, environment and housing supply with the immediate neighborhood, During the design process, consideration needs to be given to establishing vegetative open space, water efficiency and energy, efficiency; utilizing environmentally appropriate materials; and, achieving high levels of indoor environmental quality and comfort. In this way, the mpact of development will be ecologically balanced with the surrounding environment'`, The proposed project was reviewed by the Internal Design Review Committee on September 24 and October 4, 2013, and provided comments attached hereto. On November 21, 2013 the City of Miami Public Works Department reviewed the project and provided the comments attached hereto: The Coordinated Review Committee reviewed the project on December 4, 2013 and provided applicants with comments and technical concerns regarding the Hyde Midtown project f!k/a Midtown 3. • The proposed project .was reviewed for design appropriateness by the Urban Development Review Board on October 16, 2013, and recommended the project for approval, pursuant to UDRB Resolution attached hereto, The project's analysis includes a review under Section 1305.2 of zoning Ordinance 11000, following the Design Review Criteria: I. Site and Urban Planning; 11. Architecture and Landscape Architecture; lPl. Pedestrian Oriented Development; IV. Streets and Open Space; V. Vehicular Access and Parking; VI, Screening; VII. Signage and lighting; VIII Preservation of Natural Features; and IX,. Modification of Nonconformitics. Page 4 of 6 CONDITIONS TO REMAIN, AS PROVIDED AT PZAB OF FEBRUARY 19, 2014 Based on these findings, the Planning and Zoning Department is recommending approval of Project with the following conditions. 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of any building permit. 2) Allow the Miami Police Department to conduct a security survey, at the Department's discretion, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning and Zoning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a shell permit. 5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for Development Approval, with the understanding that the APPLICANT must use its best efforts to follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide, as applicable. 6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of any building, permit: Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity; and Record in the Public Records a Unity of Title or a covenant in "lieu of a Unity of Title if, applicable, subject to the review and approval of the City Attorney's Office., 7) Prior to the issuance of a shell permit, provide the Planning and Zoning Department with a recorded copy of the documents mentioned in condition (6) above. 6) Provide the Planning and Zoning Department with a temporary construction plan that includes the following: • Temporary construction parking plan, with an enforcement policy; • Construction noise management plan with an enforcement policy; and Maintenance plan for the temporary construction site; said plan shall be subject to the review and approval by the Planning and Zoning 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 Page 5 of 6 plan; failure to comply may lead to a suspension or evocation of this Major Use Special Permit. 9) This Major Use Special Permit includes the subordinate approval of a series of Mass II Special Permits for which specificdetails have not yet been developed or provided, the applicant shall provide the Planning and Zoning Department with all subordinate Class It 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 shallbe subject to review and approval by the Planning Director, 11) Pursuant to design related comments received by the Planning and Zoning Director, the applicant shall meet the following conditions, prior to the issuance of any building permit: 1, Submit proof of compliance with all the regulations of the Miami -Dade Aviation Department and the Federal Aviation Administration (FAA) using Form 7460-1. 2. Internalize the loading. Provide a diagram to show approach and loading maneuvering;, 3. Provide for Planning and Zoning Director review for compliance and approval, a diagram showing the approach and maneuvering for trash pick-up. 4. Provide for Planning and Zoning' Director review for compliance and approval design, and locations` of bicycle racks as required. 'Refer to Section 6.27.1,11 Streetscape. 5, Provide for Planning and Zoning Director review for compliance and approval a superior landscape and street furniture as requested on the City of Miami Code of Ordinances, Sec. 62µ323. Prerequisite. "As a prerequisite to the purchase of bonus floor area ratio (FAR), .as described in Zoning Ordinance 11000 or floor lot area (FLR) pursuant to the Miami 21 Code, the developer must improve its property with superior landscape and street furniture as described in the SD-27 design standards and as required by Warrant". 6. Prior to the issuance of any building permit, applicant shall pay for the purchase of 57,100 sq. ft of FAR bonus, the amount of seven hundred and eight thousand and forty dollars ($ 708,040,00) to the city FEC Corridor Improvement Trust Fund. It is a onetime, nonrefundable fee of $ 12.40 per square foot of bonus floor area ratio (FAR). 12) 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, Page 6 of 6 111111111111111111111111111111111111111111111 This instrument prepared by, or under the supervision of (and after recording, return to): Steven A. Landy, Esq. Greenberg Traurig, P.A, 1221 Brickell Avenue Fl_ 33131 CFN :7.)004,R061.3:2724. OR Bk 22510 Pos 1102 — 110S; (7oss) RECORDED 07/23/2004 1240031 HARVEY ROVINt CLERK OF COURT MIAMI—DADE COUNTY? FLORIDA Reserved for Clerk of Court DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE KNOW ALL MEN BY THESE PRESENTS that the undersigned, Biscayne Development Partners,, a Florida limited liability company ("Owner"), hereby makes, declares and imposes on the lend herein described, these easements and covenants running with the title to the land, which shall be binding On Owner, all heirs, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them; WHEREAS, Owner is the owner of that certain property located in Miami -Dade County, Florida more particularly described on Exhlbit "A" attached hereto end incorporated herein (the 'Property"); WHEREAS, it is contemplated that the Property shall be developed as an overall project, (the "Project") but In phases (each such phase referred to as a "Phase"), and each such phase to be developed on one or more platted lots, and each is hereinafter referred to as a "Lot" and collectively, they are referred to as the "Lots".. WHEREAS, Owner intends to develop some of the Phases as separate condominiums, and to sell individual units therein; WHEREAS, Owner intends to assign development density rights for the total Project among the various Phases, WHEREAS, Owner anticipates that title to the Lots will not remain In Single Ownership and therefore this Instrument is executed in order to assure that the development of the Lots will not violate the Zoning Code or other applicable laws or codes of the City of Miami and that the thresholds established pursuant the Regional Activity Center Designation of the Property created by Ordance No. 12446 will not be exceeded by any Phase or Phases, NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner hereby agrees as follows: 1, In the event of multiple ownership of the Property, each of the subsequent owners, mortgagees and other parties in interest, and their heirs, grantees, successors and assigns, shall be bound by the terms, provisions and conditions of this instrument; and Owner shall not convey portions of the Property to such other parties unless said portions of the Property are bound by, and subject to, the terms out of this Declaration. in the event that any Phase is developed on more than one Lot, the owners of such tots shall either enter into a unity of title for such Lots, or enter into enter into an easement and operating agreement ("Easement Agreement') for sUch Lots, to contain, among other things, the following Book22510/Page1102 CFN 20040622724 Page I of 7 A Page (a) easements for pedestrian traffic over, through and across sidevvalks, streets, paths, walks, and other portions of any shared facilities or common properties;. (b) easements for vehicular (including, without limitation, construction vehicies) traffic aver, through and across, and parking on, such portions of any shared facilities or common properties as from time to time may be paved and intended for such purposes; (c) easements through and over such lots as may be required from time to time for utility, cable television, communications and monitoring systems, and other services and drainage in order to serve the Lots; (d) easements upon each lot In favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footing, supports and foundations; (e) easements on each lot for attachment of buildings; (f) easements on each lot for building overhangs and other overhangs and projections encroaching upon such lot from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like; (g) easements over the lots for encroachments of improveraents [mated on the lots and for the maintenance of same; (h) appropriate agreements among the owners of the several lots as to the obligation to maintain and repair all private roadways, parking facilities, common areas and the like; Owner hereby agrees that the Easement Agreement shall be subject to the prior written consent of the directors of the departments of public works, planning and zoning and building of the City of Miami or their respective designees or successors and approved as to form by the City Attorney , and that an amendment to this shall require the prior written consent of the directors of the departments of public works, planning and zoning and building of the City of Miami or their respective designees or successors and approved as to legal form by the City Attorney. In the event of multiple ownership of all or any portion of the Lots, each of the subsequent owners, mortgagees and other parties in interest shall be bound by the terms, provisions and conditionof this inetrument. Owner further agrees that it will not convey any Lot and/or portions of any Lot to suoh other parties unless same are bound by and subject to this Declaration. 3, The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the dote of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless (I) released in writing by the then owners of the Lots (or if any Lot has been submitted to the condominium form of ownership, then by the condominium association governing such condominium in lieu of all of the owners thereof) and any release shall be subject to the written approval of the directors of the departments of Public works, planning and zoning and building of the City of Miami, or their respective designees or succeesom, and approved as to legal form by the City Attorney upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the property for the purposes herein intended. 4. The provisions of this instrument may be amended, modified or released by a written instrument executed by the then owners of the Lots (or if any Lot has been submitted to the condominium forrri of ownership, then by the condominium association governing such conelorniniurn in lieu of all of the owners thereof) provided same Book22510/Page1103 CFN#20040622724 Page 2 of 7 3 is also approved as to legal form and sufficiency by the City Attorney of the City of Miami and approved in writingPage by the directors of the departments of public works, planning and zoning and building of the City of Miami, or their respective designees or successors. 5, Enforcement shall be by action against the owner of any Lot in violation of this Declaration. The prevailing party to any action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to court costs and disbursements, allowed by law, such sum as the Court may adjudge to be reasonable for the services of such party's attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. Invalidation of any of these covenants by judgment of court shall ;not affect any of the other provisions, which shall remain in full force and effect. 7, All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall It preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to It. 8, This Declaration shall be recorded In the public records of Miami -Dade County, Florida at Owner's expense, Owner shall provide a recorded copy of this Declaration to the City of Miami City Clerk at 3500 Pan American Drive, Miami, FL 33133, ]Signatures on next page] Bpa.k22510fPagel 104 C,FN#20040622724 Page 3 of 7 " Acknowledged as of July —, 2004, Print Name of W itness, Pouz Name � PAR RS LC, a Florida limited AND � By( .'- Print '-Na— -�-_~~~~_� Print Name nyWitness � | ^ i / ^ F�M 1 1Kl� '*Y � ^^- `- ~--~----�- ^-- ' -g- ' `- - - ` `-^--- , � - --- -- -`g - | STATE OF FLORIDA COUNTY OF MIAMI-DAI)F ) The foregoing Special Warranty Deed was acknowledged before me this O day of July, 2004 by Michael Samuel; as Member Representative of BISCAYNE-DEVELOPMENT PARTNERS LLC, a Florida limited liability company, on behalf of such limited liability company, He personally appeared before me and is ersonally known to me produced as identification, Page5 [NOTARIAL SEAL] BRENDA MFERNANDEZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DD128003 MY COMMISSION EXP. NNE 20,2006 STATE OF FLORIDA COUNTY OF MIAMI-DADE Notary: Print Nafite: Notary Public, State of Florida. My commission expires: (10 Commission Number: (2 Sr, C The foregoing Special Warranty Deed wasacknowledged before me this day ofJuly, 2004 by Daniel K. Pfeffer, as Member Representative of BISCAYNE DEVELOPMENT. PARTNERS LLC, a Florida limited liability company,; on behalf of such Limited liability company. He personally appeared before me and is pprsonally known to me or produced as identification, [NOTARIAL SEAL] err BRENDA M FERpNANDEZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DDI28003 MY COMMISSION EXP. 'LINE 20,2006 Notary: Print Na e: Notary bile, State of Florida .. My commission expires:%ta. Commission Number: bb C Book225 0/Pagel l06 CFN#20040022724 Page 5 of 7 EXHIBIT "A" The Plat of Wildfowl Miami East, Plat Book 161, Page 77 \IMIA-SRV011157084445\7120/04164264.010000 Page 6 Book22510/Pagel 107 CFN#20040622724 Page 6 of 7 4 APPROVED AS TO FORM AND CORRECTNESS: MARIA J. CHIA Interim City Attorney APPROVED: ANA ABERT- Di ector of Pia APPROVED: STEPHANIE NASH-GRINDELL Director of Public Works APPROVED; JAVIER CARBONELL Zoning Administrator APPROVED AS TO CONFORMITY WITH THE FLORIDA BUILDING CCD: HECTOR LIMA Director of Building Department Page 7 Book22510/Page1108 cFN#2C040622724 Page 7 of 7 11, This nstroment prepared try and lifter recordingrn to: 1",iitne: Steven A. Landy, Esquire LIrma' Address: Greenberg Trani*, P.A. IP, al 333 Avei ut of th Americas (333 SE 2" Menne) Miami, Florida 33131 (SrAct Re$014.4 far Chris ibt Court) 1111111111111111011111111111111111111 CF744 201, ;Mewl 5,51 5 OH IA 27916 Fos 1642 - 16/3 (12Pss) RECORDED 12/06/2011 103$s20 HARVEY RUV1H, CLERK OF COURT MIAMI-DADE COUNTY, FLORYDA DDITION OF „„rfkgrEW.ELTO DECLARATION OF RESTRICTIVE CONTNANTAI„N„.14IET3 NITV OF TITLE This Addition of Property to Declaration of Restrictive Covenants in Lieu of Uriity of Title ("Agreement") is made as of October 2011 by MIDTOWN MIAMI NO. 9 LLC a Florida limited liability company ("Owner") RECITALS: A, Owner is the owner of that certain real property ("Tract B Property') located in the City of Miami, Miarni.Dade, Florida described as: Tract "B" of Buena Vista West, according to the plat thereof, as recorded in Plat Book 161 at Page 78 of the Public Records of Miami - Dade County, Floridi. B. The owner of the following described real property ("Property") located in the City of Miami, Mimi -Dade County, Florida, made, executed and recorded that certain Declaration of Restrictive Covenants In Lieu of Unity of Title, as recorded July 23, 2004, in Official Records Book 22510, at Page 1102 of the Public Records of Mimi -Dade County, Florida ("Declaration"): Plat of Midtown Miami East, as recorded hi Plat Book 161, at page 77 of the Public Records of Miami -Dade County, Florida, C. Pursuant to the Declaration, it was contemplated that the Property would be developed as an overall project (as defined in the Declaration, the "Project")` in phases. D. Because the Tract B Property is part of the. Project, Owner has agreed that the Traci B Property should be subject to the terms and conditions of the Declaration. Consequently, Owner has agreed to add the Trad 8 Property to the Declaration as if the Tract 13 Property had a/jail-tally been included within the Property Book2791 /Page1662 CFN#20110815515 lege 1 ofl2 NOW TEEREFon, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner hereby agrees as follows; 1 The foregoing recitals are true, correct and complete and incorporated herein by reference as'tf set forth. 2. All capitalized terms used herein and not ertpressiy definedshall have the meanings provided in the Declaration. 3.; Owner hereby makes, declares andimposes on the Tract .B Property, the terms, GoVenalrts, conditions and restrictions contained in the Declaration as if the Tract B Propertywas originaf y gait of the Property under the . Declaration, which terms, covenants, conditions. and restrictions shall run with title to the Tract F Property and be binding, as applicable, on all parties having any right, title or interest in or to the Tract B 'Property Or any part thereof, :their heirs, personal representatives, successors and assigns. For all purposes, the Tract B Property shall be included within the "Property" under the L colaration. 4 In addition to the foregoing, in the event of multiple ownership of the Tract B Property, owners of the 'Tract B Property shall enter into an easement and operating agreethent ("Easernent .Agreement") for The Tract 13 Property, to contain, among other dings, the following (to the extent required): (a) easements for pedestrian traffic over, through and across' sidewalks, streets, paths, walks, and Other portions of any shared facilities or common properties (b) % easements` for vehicular (mcludingg without limitation, construction vehicles) traffic over, tinouin-and across, and, peon., such portions of any shared facilities or common properties as from time to time may be paved rind intended for such purposes; (e) easements through and over portions of the Tract B Property as may be required from time to time for utility, cable television, canax unleatLons and monitoring systems, and other services and drainage in order' to serve the Tract 13 Property; (d) installation; use, improvements sue: (e) easements upon the Tract i3 Property in favo nonce, repair, replacement and removal t s, supports arnd foundations; ach parcel for the mon construction easements on the Tract 13 Property for attachment ofbuildings (f) easements on the Tract B Property .for building overhans and other. Overhangs and projections encroaching upon such lot from adjoining parcel such as, jay way of example, marquees, canopies, lights, lighting devices; awnings, wing vvalls and the like; (g) easements over the Tract 13 Property for et.croaehments of l nprovern�errts located srtl portions Of the Tact 1 Property and for the maintenance of same; Book2791 /Page1663 FI`s#2011881 5515 Page 2 of 1 -. the obligati the like lac, prior and bu form, b prior wr°lt and building legal foxrxr by (h) appropriate agreements among the owners n to maintain and repair all private roadways, parking :ed an the Tract B Property; t 13 Property as to minion areas and. ) Owner hereby agrees that the Ease xaer t Agreexnerrt shall be sub, eot to the merit of the directors of the departrents of public works, planning and zoning e City of Miami or their respective designees or sttooessots andapproved as to Attorney, and that an amendment to the Basement Agreement shall require the nt, of the directors of the departments of public works, planning and zoning City of Miami or their respective design ees or sutecesscars and approved as to lty Attorney,, rent of multiple ownership of all or any portion of the Tract B; Property, each of the subsequent owners, mortgagees and other parties litinter e t shall be bound by the terms, provisions and: conditions of this instrument, Owner further agrees that, it will not convey any portion of the Tract 13 Property to such other parties unless same are bound by and subject to this Dolarati axe 6. Public Re 0 0) ye autorrrdtically f+ to tyre oortdci rx approve building of the legal form by nct loner .neon tz errs shall become effective upon their recordataorr it y, Florida, and shall continue in effect far a period o oordation, after which time they shall be extend ucoessive perlotis caf set, (10) years eaeh, unless (I) released in writing by the Traot B Property (or irony portion of the Tract E Property has been submitted form of ownership, then by the oondon it iurn association , ovc nin lieu of all of sloe yawners thereof) and;(ii) any release shall be subjeo e departments of public works, planning and respective designees or successors, and approver y upon the demonstration and of.lnding that the same is preserve and protect the property for the purposes herein intended. 7: The provisions of this tnstrume t may be amended, modified or released by a instrument executed by the then owners of the Tract B Property (or if any portion of the Tract Proierty has been submitted to the condominium form of ownership, then by the condominium association governing such condominium in lieu of all of the owners thereof) provided same is also approved as to legal form and sufficiency by the City Attorney of the City of Mianii and approved ii writing by the directors of the departments of public works, planning. and zoning and building of the City of Miami, or their respective designees or.suooessors nforeeinent' all be by action against the owiaer of the Tract 13 Property in Agreement'"1`"lxe prevailing g party to any action +or suit pertaining to or arising out nt shall be entitled to recover, ;its addition to court costs and disbursements, d by la v, scuh suin as the Court may adjudge to be reasonable for the services of such attorney. This enforcement, provision shalt be in addition to any other remedies available law,"in eguty or both. Bo k 7 16/Paget 64 CFN# 0110815 1 Page 3ref 12 9 Invalidation of my of these oovenatits by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect, 10. All rights, remedies and privileges granted herein Shall be deemed tQ be emulative and the exercise of any one or more shall neither' be deemed to constitute an election of remedies; nor shall it preclude the party exercising the same ,from exercising snob other. additional rights, remedies or privileges as may available to it 11. This Agreement Shall be recorded in the public records Qf Miarni.Dade County,. Florida at Owner's expense, Owner shall provide a recorded copy of this Declaration to the City of Miarni City Clerk at 3500 Pan American Drive, Miami, FL 33133 IN WITNESS WI EREOr, Owner has caused this Agreement to be made and executed as of the clay and year first written above.. TNESS STATE OF. COUNTY OF ); S.:. OWNER: MIDTONVN 'MTAKI NO. 9 LLC, i limited liability company By' Midtown Partners, f;T.,C a Florida limited liability company, sole' Member and Manager ack Cayre. Manager xc The foregoing instrument was ackxnowledged before me this , day of October, 2011 by lack Cayre, aS Manager of Midtown Partners, LLC, a Florida limited liability company, the solo Merrnber'and Manager of Midtown Miami No. 9, LLC, a Florida lirnited liability company, on behalf of said limited liability compares He is personally known to me or produced as identffieation, [NOTARIAL SEAL) ook27 Notary Print Narnei. Notary Public, State of My'Carrtrnission Expires; Co.t`niaission Number: MAN< $ MOAN Notary Publfe, Vote :of Now. York No O2KA6472481 Qlualifed Cn Rit hnion f QQunty Commission !~xplt s Feb, 03, o „, 16/Pa e1665 CFN 20110 1 a515 Page 4 a 1 The following parties, hereby consent to the "T'ract 13 Property being added to the Property under the Declaration as described above in the foregoing Addition of Property to Declaration of tive Covenant in. Lieu of pity of Title. MIDTO V 1 AMINO. I L a Florida Jhnitet liability cow By Midtown a Florida By;t l la artners, LLC rhited liability company, mbar and Manager Eger MIDTOWNi IAMI11" 0, 3LL! o lda lixnitc xiability +o pany Parise da lina.ited Member and MIDTOWN i1 AN 1 O LLC, ar da la papy By, Midtorn Partners„ T ± a Florida limited ltabiiity ompasiy it sTMer .bar and Matta Sook2' /Page1886 CFN#20110815 15 Pa e of 12 WITNESS; WITNESS; WITNIiaSS': MfDTONYN TVIIAIYII NO.6 LLC , a Florida limited liability company $y Midtown Partriers, L;LC,. a Florida limited liability company, its solo mber and Manager By; Name: 7 ek Cayre Title: anager MIDTOWN MIAl4 I Nt). 7 LLC,; p'Inrida limited liability company By;. Midtown Partners, L[C a Florida limited,lirbility ooinpany,. its sole Member and Manager By; Nam b;r�uk ayi e Title; anager MIDTOWN T OWN MIAMI NO. S L;C a Florida Iimited liability compan By: Midtown Partners, a Florida liJnited liability company, its sol lenberiand Manogor By; Name; etc + ayre. Title:Manager Qpl 7 1 /Page1667 'CFN:.2.011061.065 Page 6 of 1 The foregoing instillment was aai ziow1 dged before me this day of October, 2011, by Jack Care, as Manager of Midtown arty crs,1 LC, a Florida limited liability company, the sole ivienter and Manager of Midtown Miami No, 1, LLC, a Florida limited liability company, Midtown Miami No. 3, LL , a Florida limited liability company, Midtown M am No. 5, LLC, a Florida limited liability company, Midtown Miami No, 6, LL,C, a Florida limited liability company, Midtown Miami No, 7, LLC, a Florida limited liability company, and Mldtdwn Mirani No. 8, LLC, ;a Fioi da limited liability company, on behalf of said limited liability companies, Fie is personally'. xx to me car produced as idea Notary: Print Name: Notary Public, My Coininission xpi Coi;inissiori Number; MAN NQuary MARK , b KArat N w'font No. O2K'•15Q7 451 0u, lfff,d In FRIcb nQnci County Conim#ssion E xIrns Feb„ Q3, Book 7915/ ' gel668 FN#2 110 15516 Page 7 of 1 WITNESS: The by'Xbwe�i Florida not-for-pr e or produced t" NOTARIAL SEAL] TWO MID OWN tVIIAMI CONDO 'UM ASSOCIATION €. a Florida not- tar -profit corporation I3 Nam Title; was ackno vledged before me this .7 day of OQtober, ' Two ,:tfidtown Milord Condominium Assoc' on, on behalf of said Corporation. HeiShe is p rscmali ieation; y� IniiittioN AO `� lorry Putsli, Mate of r My Cora rz ssios xpir ;ommlssican Number; ck27 /Pa el CFN# 011 55 P ge8cf 1 b WITNESS: TAT OF / ` u Y CCOt iFY OF fors goit °fns 9,. by'ox#iaan, es or- r produced FOUR. MIDTOWN IMAM CONDOMINIUM ASSOCIATION, INC., Florida flUt a r'Tre t sor Iorstut)1Y Name: , No Title: !edged br art Me this b *dto*ri Mire&Condominium aid oorpor ion.Tie/She is perk) Nona Mot Name: Notary Pablie, My Commission Commission' Book27 " 6lPagel 70 CFN#2Oi 1 0 1551 0, P.. LYN THE i iC Ncitsryry� Pubs St to al Nev Ycxtc , outdo d 1 Rluf nu nd County M1yC:om(n Jnn Xtsirps1O/2W0914 Page ;of 1 APPROVE AS TO FORM AND AP Juurl,o, BRtT City Attorney APPROVE1 Director ,1'Piai APPR K A3A Dire t iz• of Public Works A Y .Y oning Adt API) '.r HD AS TO DABU1LDXI O FOR.i ITY 1~3 R lANDEZ ding t' 10 Boo .. 7 16/P gel 71 CFN 20110 15615 Pa 12 d°INDIR B"Y` iV ORTGAt e undersigned, FI BC Bank VIA, oral Association, a bank organized under the laws of the `united States of America, as agent for itself in its individual capaeity as lender and other corlenders that: may exist from time to time, srd Mortgagee under the following mortgages: (1) Amended and Restated Mortgago, Assi run nt of Leases and Rents, Security Agreement, Fixture Filing and cing State tent by and among, Midtown i :iaxrri No. 1 1,1,6', u Florida limited lial lity oompa.ny, Midtown Miami No. LLC, a Florida. liz ited liability company, ;Midtown Miami No 4 LLC, a Florida limited liability' company, Midtown Miami No, 5 LLC, a Florida limited habilityy company, .Midtown ';Miami No, 6 LLC, a Florida limited liability company, Midtown Miarni No, 7 LL , a Florida limited liability company, Midtown Miami No, 8 LLC, a Florida limited liability company, Midtown Mimi No. 9 LLC, t Florida limited liability company and. PISBC Bank USA, National Association, as Agent for itself and other co -lenders, dated February 17, 2005 and recorded February 17, 2005 in Official Records Book 23096, Page 0766, as modified by Partial Release of Mortgage and Other Loan Documentsdated May 25, 2005 and recorded May 26, 2005 in Official' Records Book 23414, Page 1726, as further modified by Mortgage Modification Agreement dated as of July 24, 2009 wad recorded July 28, 2009 iri Official Records Book 26957, at Page 363, all of the Publle Records of Miami -Dade County, Florida, (li} 000azd Mortgage, Assigrunent of: Leases znd Rents and SCCUrity Agree s apt d eed November 1, 2006 and recorded November 7, 2006 in Official Records Book 5077, Page 1586, as modified by Agreement Modifying Second Mortgage dated duly 24, 2009 and reem led'July 28, 2009 in Official Records Book 26957, Page 519, all of'the;Public l .ecords of"Miami-Dade County, Florida, vexing nllior a Portion of the Property described in the foregoing Addition, of Property to claxation of Restrictive Covenants, hereby acknowledges that the tenns of the foregcrizag. Addition of Property to Declaration of Restrictive Covenants are and shall be binding upon the undersigned and its successors in title; No liability is undertaken by the undersigned by the execution and delivery of this Joinder. [Signt iloW Book 7916/P ge 672 CFN# 011081 515 Page 1'1 off' 12 2011. x STATE OF N 1 ?OM( (.OtJN'TY OF NEW Y RK' The trOgaing itr . Nartlingtoz ized under the lad OR T 27916 AGE C Ba TISAt Natioelation a organized under the law of the United of Atue- ea, as agent %r itseit in itl individttai OapaOity as leader and other co* that inay exist from tl a to time Name .Ad# r s 452 Fifth Avenu +ew York, New York18 r r this" day nP Q Bank USA, National As rieatn o?said bar Nutt: Print Name: . . Notary i uhii , Sty of Ale r It My oo ulsslnn expires: QAPoLyN r e 11%t Sd n RIt mo(C Co its 1� ? h,ttrt% 10122014 12 Bo k 7 1 /pa el673 FN#2O110815515 Page 12 of 1 SECTION 1305,2 Criteria Matrix *Compliance is subject to conditions Application Type: Major Use Special Permit (File No. 13-01416mu) Project Name: Hyde Midtown f/k/a/ Midtown 3 Project Address: 3401 N.E. 1st Avenue c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the PROJECT that have been found by the City Commission (based upon facts and reports prepared or submitted by staff or others) to adhere to the following Design Review Criteria subject to the any applicable conditions in the Development Order herein: DESIGN REVIEW CRITERIA I) Site and Urban Planning: Applicability Compliance (1) Respond to the physical contextual environment Yes Yes taking into consideration urban form and natural features; (2) Siting should minimize the impact of automobile Yes Yes parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner lots should be oriented to the Yes Yes corner and public street fronts II) Architecture and Landscape Architecture: Applicability Compliance (1) A project shall be designed to comply with all Yes Yes applicable landscape ordinances; (2) Respond to the neighborhood context; Yes Yes (3) Create a transition in bulk and scale; Yes Yes (4) Use architectural styles and details (such as roof Yes Yes lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building facade vertically and Yes Yes horizontally in intervals that conform to the existing structures in the vicinity. III) Pedestrian Oriented Development: Applicability Compliance (1) Promote pedestrian interaction; Yes Yes (2) Design facades that respond primarily to the Yes Yes human scale; (3) Provide active, not blank facades. Where blank Yes Yes walls are unavoidable, they should receive design treatment. SECTION 1305.2 Criteria Matrix *Compliance is subject to conditions IV) Streetscape and Open Space: Applicability Compliance (1) Provide usable open space that allows for Yes Yes convenient and visible pedestrian access from the public sidewalk; (2) Landscaping, including plant material, trellises, Yes Yes* special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. V) Vehicular Access and Parking: Applicability Compliance (1) Design for pedestrian and vehicular safety to Yes Yes minimize conflict points; (2) Minimize the number and width of driveways and Yes Yes curb cuts; (3) Parking adjacent to a street front should be Yes Yes minimized and where possible should be located behind the building; (4) Use surface parking areas as district buffer. N/A VI) Screening: Applicability Compliance (1) Provide landscaping that screen undesirable Yes Yes elements, such as surface parking lots, and that enhances space and architecture; (2) Building sites should locate service elements like Yes Yes 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 structures with program Yes Yes uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. VII) Signage and Lighting: (1) Design signage appropriate for the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design feature to the N/A building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to minimize glare to N/A adjacent properties; (4) Provide visible signage identifying building N/A addresses at the entrance(s) as a functional and aesthetic consideration. SECTION 1305.2 Criteria Matrix *Compliance is subject to conditions Applicability Compliance N/A VIII) Preservation of Natural Features: Applicability Compliance (1) Preserve existing vegetation and/or geological N/A features whenever possible. IX) Modification of Nonconformities: Applicability Compliance (1) For modifications of nonconforming structures, no N/A increase in the degree of nonconformity shall be allowed; (2) Modifications that conform to current regulations N/A shall be designed to conform to the scale and context of the nonconforming structure. 0 M IAM 121 MAP CRA: Midtown Miami Project/Buena-Vista YardsarAPArd _=Y MOW mai Falratir Brarillripr II it elfPIK T6-24-02gar o 150 300 --TNE 34TH ST 600 Feet NE 35TH TER NE 35TH ST NE 34TH ST NE 33RD ST ADDRESS: Hyde Midtown Between NE 1 Av, East Coast Av, NE 34 St & NE 34 Ter 3401 NE 1 AV 0 150 300 600 Feet ADDRESS: Hyde Midtown Between NE 1 Av, East Coast Av, NE 34 St & NE 34 Ter 3401 NE 1 AV Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-14-008 File ID 13-01416rnu February 19, 2014 Item PZAB.1 Mr. Ernest Martin offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD APPROVING WITH CONDITIONS AS DESCRIBED IN EXHIBIT "1" (HEREBY ATTACHED), A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLE 2, SECTION 2.2.1.1 AND APPENDIX C, SECTION 627.1.3.2 OF THE MIAMI 21 CODE, AS AMENDED, FOR THE HYDE MIDTOWN PROJECT, TO BE LOCATED AT APPROXIMATELY 3401 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA, MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A'; TO CONSTRUCT AN APPROXIMATE 347 FOOT, 32-STORY HIGH MIXED USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 400 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 80 LODGING UNITS, APPROXIMATELY 21,745 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 526 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO (("FAR') BONUSES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW: PROVIDING FOR BINDING EFFECT, CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Mr. Charles A. Gibson, the motion passed and was adopted by a vote of 11-0: Ms. Jennifer Ocana Barnes Mr, Chris Collins (Alternate) Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr. Charles A. Gibson Ms. Maria Beatriz Gutierrez Mr. Ernest Martin Mr. Daniel Milian Mr. Juvenal Pifia Ms. Janice Tarbert Ms. Melody L. Torrens Mr. David H. Young ancisco Garcia, Director Planning and Zoning Department STATE OF FLORIDA j COUNTY OF MIAMI-DADE J Yes Yes Yes Yes Yes Yes Yes Absent Yes Yes Yes Yes Execution Date dog Personally appeared before me, the undersigned authority, Anel Rodriguez Clerk of the Planning, Zoning and Appeals Board of the City of Miami. Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS 1 bAY OF -fralt ,.y 2014. 1. Print Notary Name Personally know -: or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath.' Notary Public State of FIB My Commission Expires: ida 3V...ry';'••. VANESSATRUJILLO ;= MY GOMMISSiON # EE 105250 EXPIRES: July 11, 2015 • ' Banded Tliw Notary Public llnderwnters EXHIBIT "1„ 1) Meet all applicable building codes, land development regulations, ❑rdinances and other laws and pay all applicable fees due prior to the issuance of any building permit. 2) Allow the Miami Police Department to conduct a security survey, at the Department's discretion, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning and Zoning Director why such recommendations are impractical. 3) Obtain approval from, ❑r provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a shell permit. 5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for Development Approval, with the understanding that the APPLICANT must use its best efforts to follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide, as applicable. 6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of any building permit: • Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity; and • Record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title if, applicable, subject to the review and approval of the City Attorney's Office. 7) Prior to the issuance of a shell permit, provide the Planning Department with a recorded copy of the documents mentioned in condition (6) above. 8) Provide the Planning Department with a temporary construction plan that includes the following: • Temporary construction parking plan, with an enforcement policy; Construction noise management plan with an enforcement policy; and • Maintenance plan for the temporary construction site; said plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this Major Use Special Permit. 9) This Major Use Special Permit includes the subordinate approval of a series of Class II Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class II 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 and Zoning Director, the applicant shall meet the following conditions, prior to the issuance of any building permit: 1. Provide a covenant in lieu of unity of title to the satisfaction of the Planning and Zoning Director and the City Attorney, sufficient to allow transfers of density and intensity within DS-27.1 2. Submit proof of compliance with all the regulations of the Miami -Dade Aviation Department and the Federal Aviation Administration (FAA) using Form 7460-1. 3. Internalize the loading. Provide a diagram to show approach and loading maneuvering. Maneuvering on the street may be approved by a Class 11 Special Permit with Public Work Department approval. 4. Provide for Planning and Zoning Director review for compliance and approval, a diagram showing the approach and maneuvering for trash pick-up. 5. Provide for Planning and Zoning Director review for compliance and approval design, and locations of bicycle racks as required. See Section 6.27.1.11 Streetscape. 6. Provide for Planning and Zoning Director review for compliance and approval a superior landscape and street furniture as requested on the City of Miami Code of Ordinances, Sec. 62-323. Prerequisite: As a prerequisite to the purchase of bonus floor area ratio (FAR), as described in Zoning Ordinance 11000 or floor lot area (FLR) pursuant to the Miami 21 Code, the developer must improve its property with superior landscape and street furniture as described in the SD-27 design standards and as required by Warrant. 7. Based on City of Miami Code of Ordinances, Sec. 62-325. Schedule of fees and charges: The schedule of fees and charges to be assessed and paid into the trust fund is as follows: Floor Area ratio (FAR) BONUS FEES. Developers wishing to ❑btain bonus FAR area for properties located in the SD-27 district shall pay one-time, nonrefundable fee of $ 12.40 per square foot of bonus floor area ratio (FAR) to the city FEC Corridor Improvement Trust Fund as prerequisite to obtaining a building permit. 12) 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. • Exhibit "A" LEGAL DESCRIPAOfV.- Parcel B Ffldfvsrn 3 Property. Tract C of 61I0T©1IY M Adfl EAST, accordrrg to The plat thereof, as recorded kr Flat Book 1$1, of Page 77 of the Public Recp, ds of Mlamf—Dade County, Florida.