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HomeMy WebLinkAboutCC 05-22-14 Analysis, Maps, PZAB ResoFile ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Planning, Zoning and Appeals Board Recommendation: PZ.1 CITY COMMISSION FACT SHEET 13-01416mu A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, 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, 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. Approximately 3401 NE 1st Avenue [Commissioner Marc David Sarnoff - District 2] Iris Escarra, Esquire, on behalf of PRH Midtown 3 LLC 333 SE 2nd Avenue, Suite 4400 Miami, FL 33131 (305) 579-0737 This will allow the development of the Hyde Midtown project. Recommended approval with conditions. Continued on January 15, 2014 and February 5, 2014. Approval with conditions on February 19, 2014 by a vote of 11-0. Scheduled to be heard at the May 21, 2014 meeting. City Commission: Continued on February 27, 2014, March 27, 2014 and April 24, 2014. ANALYSIS FOR MAJOR USE SPECIAL PERMIT FOR HYDE MIDTOWN flkla MIDTOWN 3 located at approximately 3401 NE 15t Avenue LEGISTAR FILE ID: 13-01416mu FRAME OF REFERENCE: The Hyde Midtown f/kfa Midtown 3 is a mixed use project to be 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, Appendix LU-1 as follow - "Permitted Uses: Permitted uses shall be as for the underlying land use classification;; however. the following minimum and maximum development thresholds shall apply: Residential: 2,000 units minimum 14,500 units maximum Commercial: 500,000 sq. tt, minimum 1 1,200,000 sq. ft. maximum Office: 80,000 sq, ft. minimum / 100,000 sq. ft. maximum" The subject site is also 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; PROJECT PROFILE: The proposed phased project for Hyde Midtown is a rnixed use tower of 330 feet height (447' N.G.V.D ), with residential and commercial components comprised of: Height: 32 Stories (as per plans on file) Residential: Units: 400 residential dwelling units 40 residential dwelling units' FAR (Res): 439,291 sq. fl FAR (Hotel): 38,665 sq. ft Represented by 80 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) Page 1 of 6 Commercial (Retail) component: square feet of Retail Space, 4,800 square feet of Restaurant and Cafe Space. Parking spaces: 526 off-street parking spaces. The analysis of 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 Miami21 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 II SPECIAL PERMIT, as per Appendix C, Section 627.1,3.1, Class 11 Special Permit, to allow the construction of a new residential building in SD-627.1 "Midtown Miami East Special District". CLASS II SPECIAL PERMIT, as per Appendix C, Section 627.1.17(3), Class li Special Permit, to allow maneuvering of loading trucks within the public right of way (East Coast Avenue) 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 In determining the appropriateness of the proposed project, the Planning 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. Page 2 of 6 • 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 between Midtown Blvd. on the west, NE 3411' 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 F.A.R. bonus will be allocated into the project pursuant to Covenant in lieu of unity of title (CFN 2004R0622724) recorded 7123/2004, attached hereto. • in addition, the project as proposed is purchasing the 57,100 sq. ft of bonus FAR area which requires to 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, for a total of seven hundred and eight thousand and forty dollars ($ 708.040.00). • 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.G.V.D.) and 32 stories after consideration of non -substantial modification within 10% of the 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 impact 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 set of comments attached hereto. • The Coordinated Review Committee reviewed the project and met on December 4, 2013 to provided applicants comments and technical concerns regarding the Hyde Midtown project f/k/a Midtown 3. Page 3 of 6 The proposed project was reviewed for design appropriateness by the Urban Development Review Board on October 16, 2013, who recommended the project for approval, as per the resolution for recomrnendation UDRB meeting 10-16-2013 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; II. Architecture and Landscape Architecture; Ill, 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 Nonconforrnities. CONDITIONS Based on these findings, the Planning and Zoning Department is recommending approval of Project with the following conditions: 1) Meet all applicable building codes, tend development regulations, ordinances and other taws 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 APPL;CANT 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 Page 4 of 6 [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 pan 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 11 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 II 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. Page 5 of 6 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 ❑f 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 ❑n the Appticant, its successors, and assigns, jointly or severatly, Page 6of6 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 ME3GTHST hE32f.1a.5)-, ADDRESS: Hyde Midtown Between NE 1 Av, East Coast Av, NE 34 St & NE 34 Ter 3401 NE 1 AV "hUl", �Pub 11 00 ao ill Superintendent of Schools Alberto M. Carvalho February 3.2O14 VIA ELECTRONIC MAIL Ms. Iris \(Escana.Esquire Greenberg Toauhg.P.A. 333G.E.2ndAvenue Miami, FL33131 0E: PUBLIC SCHOOL CONCURRENCY DETERMINATION PRHMIDTOWN 3,LLC'PR'3'071 LOCATED ATNE34STREET AND NE2AVENUE SP0114010700002' FOLIO NO.: 0131250850001 Dear Applicant: giving our students the world Miami -Dade County School Board Pona7abenrxHantmyn Chair Dr. Lawrence S.Feldman, Vice Chair D/Dorothy Bonoroox'Mindinga0 Susie Castillo Carlos LCunbn/o DcN0bert'7eo''Holloway DrMartin Karp Dr. MartaP6mz Raquel A,Hega/ado Pursuant to State Statutes and the Interlocal Agreement for Public School Facility Planning, the above -referenced application was reviewed for compliance with Public School Concurrency. Acconding|y, attached please find the School District's ConuurrencyDetermination. Asyou will note, the applicable Level ofService (LOS) standards of 10096 Florida Inventory of School Housing (FISH) have been met at the three school levels and as such, capacity has been reserved for a one year period, under Master Concurrency Number MA01 14010700002. The reservation hamn for this Site Plan will expire on January 07' 2015. Concunenoy reservation may be extended for additional one-year periods, provided: 1) City ofMiami confirms the application isstill valid; 2) your request an extension at least 120 days prior to the expiration dote, via email address conourrenoy(5dadeoohoo/o.net; and 3) the total reservation period does not exceed six years from the original effective date ofthis certificate. Failure to request on extension at least 120 dovm prior to the expiration dote will result in revocation of the reaenxation, and a new application must be submitted. Extensions will be gronted, upon payment of the corresponding review fee and acknowledgement from the local government. The reservation period may not exceed the term of the development approval issued by the City of Miami. Should you have any questions, please feel free tocontact me t3O5-0Q5-45O1. v' K8.Rodriguez, Director I |MRir L4O Enclosure cc: Ms. Ana R'o'Conde K8c Michael A. Levine Ms. Vivian G. ViUaami| City ofMiami School Concurrency Master File Ana Chief Facilities & Eoo'Suatainobility Officer ~ Planning, Design & Sustainability School Board Administration Building ^Y450N,E2ndAve, ^Suite 525,Miami, FL33Y32 Miami -Dade County Public Schools Concurrency Management System School Concurrency Determination MDCPS Application Number: SP0114010700002 Local Government (LG): Miami Date Application Received: 1/7/2014 2:13:13 PM LG Application Number: PR-13-071 Type of Application: Site Plan Sub Type: Redevelopment Applicant's Name: PRH Midtown 3, LLC Address/Location: 3401 NE 1 Avenue, Miami, FI 33137 Master Folio Number: 0131250850001 Additional Folio Number(s): PROPOSED # OF UNITS 440 SINGLE-FAMILY DETACHED UNITS: 0 SINGLE-FAMILY ATTACHED UNITS: 0 MULTIFAMILY UNITS: 440 CONCURRENCY SERVICE AREA SCHOOLS Net Avaift ble Seats Seats EOS So tr ,.;• ckte Capacity Required Taken diet Tyke 2351 ENEIDA MASSAS HARTNER ELEMENTARY 23 18 18 YES Current CSA �6361 JOSE DE DIEGO MIDDLE 145 9 YES Current CSA 7791 BOOKER T WASHINGTON SENIOR ADJACENT 784 9 (9 ( SERVICE AREA SCHOOLS YES Current CSA *An Impact reduction of 21.13% included for charter and magnet schools (Schools of Choice). MDCPS has conducted a public school concurrency review for this application and has determined that it DOES MEET (Concurrency Met) all applicable LOS Standards for a Final Development order as adopted in the local Government's Educational Element and incorporated in the Interlocal Agreement for Public School Facility Planning in Miami -Dade County. Master Concurrency Total Number of MA0114010700002 440 Number: Units: Issue Date: 1/7/201 :13:13 PM Expiration Date: Capacity Reserved: Elem :18 / ddl :9 / enior: 9 / /2015 3: 3 PM concurrency@dadeschools.net MDCPS Ad inistra or DC thorized Sign re 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7634 / 305-995-4760 fax / 0%" r�� r t�. rr VV iVVVVI trV.V.� Er Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-14-008 File ID 13-01416mu 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 60 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 Yes Mr. Chris Collins (Alternate) Yes Ms. Maria Lievano-Cruz Yes Mr. Charles A. Garavaglia Yes Mr. Charles A. Gibson Yes Ms. Maria Beatriz Gutierrez Yes Mr. Ernest Martin Yes Mr. Daniel Milian Absent Mr. Juvenal Pina Yes Ms. Janice Tarbert Yes Ms. Melody L. Torrens Yes Mr. David H. Young Yes fi rranciscoGarcia, Director Planning a'+nd Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE J Personally appeared before me. the undersigned authority, Anel Rodriquez, 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 frjbAY OF -Fein 'ic> r . 2014 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 tate of Florida My Commission Expires: V pLNESSATRUJIUL of MY COMMISSION tl EE 105250 • EXPIRES: July 11, 2015 Voided Nu Notary Public underwrters EXHIBIT "1" 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 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. AM 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 11 Special Permits for which specific details have not yet been developed ❑r provided, the applicant shall provide the Planning ❑epartment with all subordinate Class II Special Permit plans and detailed requirements far 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 fisted in this development order or captioned in the plans approved by it. 10) tf 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 an the street may be approved by a Class II 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 ❑irector 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 obtain 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) t❑ 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 0E5CR1P710N• Parcel B — Midtown 3 Property. Tract G of MIOrOKN MIAMI EAST, according to the plat thereof, os recorded in Plat Book 161, at Page 77 of the Public Records of Miami —Dade County, Florida. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www. miamigov.co m File Number: 13-01416mu Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, 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, 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 LODGI.NG 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. WHEREAS, on December 6, 2013, Iris Escarra, Esquire, on behalf of PRH Midtown 3 LLC (referred to as "APPLICANT"), submitted a complete Application for a new 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, for Hyde Midtown project f/k/a Midtown 3 (referred to as "PROJECT"), to be located at approximately 3401 Northeast 1st Avenue, Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and WHEREAS, the Coordinated Review Committee met on December 4, 2013 to consider the proposed PROJECT and offer its input; and WHEREAS, the Urban Development Review Board met on October 16, 2013 to consider the proposed PROJECT and recommended to approve; and WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on February 19, 2014, following an advertised public hearing, adopted Resolution No. PZAB-R-14-008 by a vote of eleven to zero (11-0), item no. 1, recommending APPROVAL with conditions of the Major Use Special Permit Development Order as set forth; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami ("City") to issue a Major Use Special Permit Development Order as hereinafter set NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. City of Miami Page 1 of 10 File Id: 13-01416neu (Version: 5) Printed On: 4/11/2014 File Number 13-01416mu Section 2. A Major Use Special Permit Development Order, incorporated herein, is approved subject to the conditions therein specified, per Article 2, Section 2.2.1.1 and Appendix C, Section 627.1.3.2 of the Miami 21 Code., for the PROJECT to be developed by the APPLICANT, at approximately 3401 Northeast 1st Avenue, Miami, Florida, more particularly described on "Exhibit A", attached herein and incorporated. Section 3. The PROJECT is approved for the development of the PROJECT to provide approximately: a) 439,291 square feet of residential area; b) 38,665 square feet of hotel area; c) 21,745 square feet of commercial (retail) area; d) 400 residential units and 80 hotel rooms (equivalent to 40 residential units) for a total of 440 units; and e) 526 off street parking spaces. Section 4. The Major Use Special Permit Application for the PROJECT also encompassesthe 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 Appendix C, "SD.-27.1" Midtown Miami East Special District of the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida. c. Pursuant to Section 1305.2 of Zoning Ordinance No. 11000, the specific site plan aspects of the PROJECT that have been found by the City Commission (based upon facts and reports prepared or sul by staff or others) to adhere to the following Design Review Criteria subject to the any applicable condit the Development Order are stated herein: DESIGN REVIEW CRITERIA 1) Site and Urban Planning: Applicability Compliance (1) Respond to the physical contextual environment taking into consideration urban form and natural features; Yes Yes (2) Siting should minimize the impact of automobile parking and driveways on the pedestrian environment and adjacent properties; Yes Yes (3) Buildings on corner Tots should be oriented to the corner and public street fronts. Yes Yes II) Architecture and Landscape.Architecture: Applicability Compliance. -(1-) A project -shall be disigned to comply- .... -.. with all applicable landscape ordinances; Yes Yes* (2) Respond to the neighborhood context; Yes Yes (3) Create a transition in bulk and scale.; Yes Yes City of Miami Page 2 of 10 .Fie Id; 13-01416tnu (TVensiun: 5) .Printed On; 4/11/2014 File Number: 13-01416mu (4) Use architectural styles and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; Yes Yes (5) Articulate the building facade vertically and horizontally in intervals that conform to the existing structures in the vicinity. Yes. Yes III) Pedestrian Oriented Development: Applicability Compliance (1) Promote pedestrian interaction; (2) Design facades that respond primarily to the human scale; Yes Yes Yes Yes (3) Provide active, not blank facades. Where blank walls are unavoidable, they should receive design treatment. Yes Yes IV) Streetscape and Open Space: Applicability Compliance (1) Provide usable open space that allows for convenient and visible pedestrian access from the public sidewalk; Yes Yes (2) Landscaping, including plant material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the PROJECT. Yes Yes* V) Vehicular Access and Parking: Applicability Compliance (1) Design for pedestrian and vehicular safety to minimize conflict points; Yes Yes (2) Minimize the number and width of driveways and curb cuts; (3) Parking adjacent to a street front should be minimized and where possible should be located behind the building; (4) Use surface parking areas as district buffer, VI) Screening: (1) Provide landscaping that screen undesirable elements., such as surface parking lots, and that enhances space and architecture; Yes Yes Yes Yes N/A Applicability Compliance Yes Yes City ell/liana Pagje.3 of 10 File 1r1; 13-01416out (Version: 5) Printedan: 4/11/2014 File Number: 13-01416mu (2) Building sites should locate 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; Yes Yes (3) Screen parking garage 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 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 building facade, on and around landscape areas, special building or site features, and/or signage; Applicability Compliance N/A N/A (3) Orient outside lighting to minimize glare to adjacent properties; N/A (4) Provide visible signage identifying building addresses at the entrance(s) as a functional and aesthetic consideration. N/A VIII) Preservation of Natural Features: Applicability Compliance (1) Preserve existing vegetation and/or geological features whenever possible, N/A IX) Modification of Nonconformities: Applicability Compliance (1) For modifications of nonconforming structures, no increase in the degree of nonconformity shall be allowed; N/A - -(2) Mo i icatiorfs that Conform lo current regulations shall be designed to conform to the scale and context of the nonconforming structure. N/A *Compliance is subject to conditions. ** Not applicable at this time, subject to review and approval. City of Miami Page 4 of 10 File Id:.13-01416ntu (Version: 5) Printed On: 4/11/2014 File Number 13-01416mu These findings have been made by the City Commission to approve this PROJECT with conditions. d. Pursuant to Section 1305.3. of Zoning Ordinance No, 11000, the use and occupancy of the proposed PROJECT have been found by the City Commission to adhere to other specific consideration(s) set forth in the zoning ordinance, the City Code, and other applicable regulation(s), e. Pursuant to 1305.3,1. of Zoning Ordinance No. 11000, the adequacy of the manner in which the proposed use will operate, given its specific location and proximity to less intense uses, has been found by the City Commission to adhere to other specific consideration(s) set forth in the zoning ordinance, the City Code and other applicable regulation(s), with particular consideration given to protecting the residential areas from excessive noise, fumes, odors, commercial vehicle intrusions, traffic conflicts, and the spillover effect of light. f. The PROJECT is expected to cost approximately $152,500,000, and to employ approximately a maximum of 175 Full Time Equivalent (FTE) jobs during the construction period. The PROJECT will also result in the creation of approximately 150 new FTE jobs and will generate approximately $1,232,500 annually in tax revenues to the City (2013 dollars). g. The City Commission further finds that; (1) The PROJECT will have a favorable impact on the economy of the City; (2) The PROJECT will efficiently use public transportation facilities; (3) Any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; (4) The PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (5) The PROJECT will efficiently use necessary public facilities; (6) The PROJECT will not negatively impact the environment and natural resources of the City; (7) The PROJECT will not adversely affect living conditions in the neighborhood; (8) The PROJECT will not adversely affect public safety; (9) Based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (10) Any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority -participation and employment, andminoritycantractcr/subcontractor participation, as applicable, will be mitigated through compliance with the conditions of this Major Use Special Permit. Section 6. This Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANT and any successors in interest. City of Miami Page 5 of 10 File Id: 13-01416m (Version: 5) Printed On: 4/11/2014 File Number:: '13-01416rrmu Section 7. The application for this Major Use Special Permit, which was submitted on December 6, 2013, and on file with the Planning and Zoning 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 and Zoning Director to transmit a copy of this Resolution and attachment(s) 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 Article 2, Section 2.2.1,1 and Appendix C, Section 627.1.3.2 of the Miami 21 Code, 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 the PROJECT to be located at approximately 3401 Northeast 1st Avenue, Miami, Florida (see legal description on "Exhibit A", attached and incorporated), which is subject to any dedications, limitations, restrictions, reservations, or easements of record. After due consideration of the recommendations of the PZAB and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions, approves the Major Use Special Permit and issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a mixed use development to be located at approximately 3401 NE lst Avenue, Miami, Florida. The PROJECT's complete legal description and dimensions are described on "Exhibit A", incorporated herein by reference. The remainder of the PROJECT's Data Sheet is attached and incorporated as "Exhibit B". City of Miami Page 6 of 10 File 1d .13-01416rmau (Version: 5) Printed On: 4/11/2014 File Number: 13-0141 Emu The proposed PROJECT consists of a mixed -use tower of 32 stories, 330 feet tall (447' N.G.V.D.), with residential and hotel components to provide approximately: a) 439,291 square feet of floor area for 400 residential dwelling units; b) 38,665 square feet of floor area to house 80 hotel rooms; c) 21,745 square feet of Retail Space, including 4,800 square feet of Restaurant and Cafe Space; and d) 526 off-street parking spaces; providing for certain floor area ratio ("FAR") bonuses. The maximum height allowed is 300' and 28 stories, The PROJECT is providing 330' height (347' N.G.V.D.) and 32 stories after further consideration of a non -substantial modification within 10% of the original heightby the Planning and Zoning Director pursuant to Section 627.1.6.4(a) of Zoning Ordinance 11000 herein included. This Major Use Special Permit application for the PROJECT, as per Article 2, Section 2.2.1.1 and Appendix C., Section 627.1,3.2 of the Miami 21 Code, is to allow residential units in a single building that exceed four hundred (400) dwelling units and encompasses the following lower ranking Special Permits: The PROJECT, deemed as a Major Use Special Permit within Appendix C, "SD-27.1" Midtown Miami East Special District of the Miami 21 Code, is requesting and is entitled to receive FAR bonus benefits by payment into the City's FEC Corridor Improvement Trust Fund in the amount of $12.40 per square foot for a total of $708,040,00. 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, to allow the construction of a new residential building in SD-627.1 Midtown Miami East Special District. CLASS II SPECIAL PERMIT, as per Appendix C, Section 627.1.17(3), to allow maneuvering of loading trucks within the public right of way (East Coast Avenue). A waiver pursuant to Section 36-6 of the City Code regarding construction equipment and permitting the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted average d any time and/or day subject to all the applicable criteria. Approval of the Foundation or Building Permit application under this Major Use Special Permit will requi APPLICANT to submit to the Office of Zoning for approval, detailed plans for the following Permits: CLASS II SPECIAL PERMIT, as per Appendix C, Section 627.1.3.1, to allow the construction of a new residential building in "SD-627.1" Midtown Miami East Special District. Pursuant to Article 2, Sectin 2.2.1.1 and Appendix C, Section 627.1.3.2 of the Miami 21 Code, approval of the requested Major Use Special Perm shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file -with -the -City -prepared -by ArquitectonicaT dated October 30; 2013. The -landscape plan shall be implemented substantially in accordance with plans and design schematics on file with the City prepared by Arquitectonica GEO, dated October 30, 2013. 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 and Zoning Director prior to the issuance of any building permits. The PROJECT conforms with the requirements of the SD-27.1 (Midtown Miami East Special District) City of Miami Page 7 of 10 File 14, 13-01416mu (Version: 5) Printed On: 4/11/2014 File Number: 13-01416mu zoning classification, as contained in the .Miami 21 Code, where Section 627, "SD-27 Midtown Special District" is retained and incorporated as Appendix C hereto and all provisions of Ordinance 11000 referred to in Section 627 shall be applied to the Midtown Special District. 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 any building permit, including but not limited to, the required City FEC Corridor Improvement Trust Fund contribution in the total amount of $708,040.00. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Police Department, and to make recommendations concerning security measures and systems. To submit a report to the Planning and Zoning Department, prior to commencement of construction, demonstrating how the Police Department's recommendations, if any, have been incorporated into the PROJECT's 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 the 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's 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 Department of Solid Waste prior to the issuance 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 Miami -Dade County, Florida, prior to the issuance of any building permit: ID 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 • -_. .._.O -Record in the Public Records e-Unityof Title ar a•Covenant i tieu of -a Uriitycf Tifile, as 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. 8) Provide the Planning and Zoning Department with e temporary construction plan that includes the following: City of Miami Page 8 of 10 File Id: 13-01416nzu (Version: 5) Printed On: 4/11/2014 File Number; 13-01416rnu ❑ 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 of 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 plan. Failure to comply with the maintenance plan may lead to a suspension or revocation of this Major Use Special Permit and related building permits. 9) In so far as this Major Use Special Permit includes the subordinate approval of lower ranking permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning and Zoning Department with all subordinate 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 and Zoning Director. 11) Pursuant to design related comments, the applicant shall meet the following conditions to be reviewed and approved by the Planning and Zoning Director, prior to the issuance of any building permit: a. Provide a covenant in lieu of unity of title to the satisfaction of the Planning and Zoning Director, Public Works Director, Building Official, Zoning Administrator, and the City Attorney, sufficient to allow transfers of density and intensity within SD-27.1. b. Submit proof of compliance with all the regulations of the Miami -Dade Aviation Department and the Federal Aviation Administration using Form 7460 -1. c. Internalize the loading. Provide a diagram to show approach and loading maneuvering. Maneuvering on the street may be approved by a Class II Special Permit with Public Work Department approval. d. Provide for Planning and Zoning Director review for compliance and approval, a diagram showing the approach and maneuvering for trash pick-up. e. Provide for Planning and Zoning Director review for compliance and design approval, and locations of bicycle racks as required. See Section 6.27.1.11 Streetscape. f. Provide for Planning and Zoning Director review for complianceand approval of 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 bonusfloor 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. Based -on Cityof Miami Code of Ordinances; Sec.. 2-Schedule-Schedule-of fees and char- es g� g .. The schedule of fees and charges to be assessed and paid into the trust fund is as follows: 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 of bonus floor area ratio (FAR) to the City FEC Corridor Improvement Trust Fund as prerequisite to obtaining a building permit. City of Miami Page 9 410 File Id: 13-014l6uni (Version: 5) Printed On: 4/11/2014 File Number: 13-01416mu 1.2) Within 90 days of the effective date of this Development Order, record .a certified copy of the Development Order specifying that the Development Order runs with the land and is binding on the APPLICANT, its successors, and assigns, jointly or severally. THE CITY SHALL: Establish the operative date of this Permit as being thirty (30) days from the date of its issuance. The issuance date shall constitute the commencement of the thirty (30) day period to appeal from the provisions of the Permit. CONCLUSIONS OF LAW The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City, 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; (2) The PROJECT will efficiently use public transportation facilities; (3) The PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (4) The PROJECT will efficiently use necessary public facilities; (5) The PROJECT will not negatively impact the environment and natural resources of the City; (6) The PROJECT will not adversely affect public safety; (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 theachievement of the objectives of the adopted State Land Development Plan applicable to the City. ROVED AS TO FORM ANDCOrECTNESS: V . TORIA I NDEZ CITY ATTORNEY Footnotes : (1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 10 of 10 File Id: 13-014.16mu (Version: 5) Printed On: 4/11/2014 Exhibit "A" LEGAL 0E5CR1P710N• Parcel B — Midtown 3 Property. Tract G of MIOrOKN MIAMI EAST, according to the plat thereof, os recorded in Plat Book 161, at Page 77 of the Public Records of Miami —Dade County, Florida. Exhibit or DIPCIODIATION �.^elm.m�._ a Vv. G.}Irrltwrll3 ar .••3. I _I _I_w_ ...salPailloilesip "I1.11M1=1*'4 *MP a _..... b -4 - 1111. i 114M =EF -_ _ OR" 41.4 •11: "rWl4164 I•Iiim.}. # ds}. - • r�afy aft . . 1 .. . t er .i +P -..1d•i 41 i.-•..l. MIDTOWN OR1AHI CAST DE NSITTY TRACKING TABLE Ekl;S lr114P. It . "U.,. In • I111 , 014 441-111.•iP W CJL00111.11.6.1••• wi,A1I • • 1 41II41 a1” i• IIti I! L. M111. I•ni.i PIiliru al,PLl 1 IL Ryilioli r ij 1..r!FPO rRpkivii e cbmu_F+41puponnihilysitik 4 MCI 41 IYbrLl+`1 MIDTOWN iliSAMI EAST OPEN SPACE TRACKING TABLE I<L. 1,1 e' rl. Imirommpro f4or1i- _ ..+1-,_1! W • -1-1111E-Lor_ ram - w40• 4 SITE DATA EiDilMIIADY 311,911-' Tema W! *+ �l„ OlI H I +1.744k. siryllr+• F��IJIl. U 11 J! P W*!1 pall rihdatalLitighal. 4411 4MI P•11IV W' IA ir IHH hil ill 4. id Ilur, . Pwlr ril+ OPEN SPACE AIM FRONTAINE ANAL.1AfS Exhibit "B" 2/3 BUILDING STATISTICS & GENERAL INFORMATION UNIT COUNT UNITIYPE IF OF UNITS 9OF WNW POE UNITS ORIG. NEW STUDIO 21 0 1 BORM 154 1 2 BORM 200 2 3 DORM 25 3 HOIEL 40 1 TOTAL 440 PARKING COUNT LOCATION PARKING SPACES SINGLE DOUBLE ACCESSIBLE TOTAL LEVEI.6 93 0 t 94 LEV0. S 91 0 1 91 .EVEL.4 91 0 1 92 LEVEL3 n 26 1 104 LEVEL n 26 1 104 LEVEL I. 36 0 4 40 TOTAL 469 0 9 526 DESIGN CRITERIA AND APPLICABLE CODES RUILIING TYPE, MIXED USE BUILDING OCCUPANCY CtA551FICATIONS. R21F1C 311.21, NrtFBC 3101, 0 FBC305,1.2), SWSFECIAL STORAGE FBC411L CONSTRUCTION TYPE: TYPE 1SPRINXLER6D (FEW 603) ALLOWABLE HEIGHT: NO UNLIT IT BC TABLE SOO ALLOWABLE MAX. AREA: NO UMIT 1FBC TABLE 5O01 BUIDING PLANS PREPARED IN ACCORDANCE WITH THE FLORIDA BUILDING CODE 2010, NFPA 101-2DD2, & FLORIDA FIRE PREVENTION CODE 20L0 [LASS 2 P ER NBT 0315, AUGUST Z. 2004- LOT AREA ANALYSIS CUR01N0 FOGTPRI$ ABOVE ]Y PROPERTY LINE .IhE OF GROUND 3OOR 9ULLEING isiIM' O = = p = = = = GREEN 9PAC4IPUJ31BMI Exhibit "B" 3/3 BUILT TRACTS PROJECT PLATTED TRACT DENSITY USED FAR PERMITTED USED FAR BONUS USED MIDTOWN 2 TRACTH 332 435.1665F 61,606 SF NET LOT AREA: 103.6655F PERMITTED: 356 PERMITTED: 373,560 SF GROSS LOT AREA: 124,52O5f ALLOCATED BY COVENANT IN UEUI D ALLOCATED BY COVENANT IN LIEU: 0 • Poisusntr4Ong I I04-0135 MIDTOWN4 1RA.CIF 392 514,7065F 71,3555E NET LOT AREA: 173,4905F PERMITTED, 425 PERMITTED: 370,470 SF GROSS LOT AREA: 143,11125F ALLOCATED BY COVENANT IN UEU: 0 ALLOCATED BY COVENANT IN LIEU_ 727615E • Pursuant le Class 1104.0391 NM PROPOSED SITE PLAN TRACT 440° 480,0005P 57,100 SF NET LOT AREA: 66,9755F PERMITTED 231 PERMITTED: 294,093 SF PERMITTED' 49,015.5 SF GROSS LOT AREA: 981315F ALLOCATED BY COVENANT INUEU: 209 ALLOCATED BY COVENANT INUEU, 126,8075E ALLOCATED EN COVENANT IN EEO 8,084.55F .400 Residential Condo and 80 Lodging Units/Hotel ' 440,000 SF forCondominlum and 40,11005f for Hotel ZONING ANALYSIS ,REQUIRED PROVIDED SEFBACKS(SET_ 627.171 NE I5TAVENUE {MIDTOWN BOULEV&RDI(WEST)41.5 GROUND FLOOR SETBACK 7V-0"TOWER SETBACK (ABOVE 120' ELEVATION) D-0" 70'-0" EASE COAST AVENUE (EAST) 5'-0"GRODND FLOOR SETBACK 15'-0" P0011164 SETBACK (ABOVE 75' ELEVATION} 3-On 15'-0" NE 34TH STREET (E. AACOOP/ N BLVDI(SO UTH) '0'_0 GROUND FLOOR SETBACK I5'-D' ABOVE 75' ELEVATION 11-0" 15'-0" BUILDING FOOTPRINT [SEC. 627.1.9} GROUND 59,1323 SF ABOVE 120'IN ELEVATION 40% MAXIMUM OF NET LOTAREA 66,975 SF (0.4)=26,7905F 18,1495E OPEN SPACE REQUIREMENT{SEC 627.115) 10% OF GROSS LOT AREA 98,031SF X (0.19)=9,0315F 7,0625E OPEN SPACE AREA 5,100 SF(12 PALM TREES 67175 SF EACH} 9,162 SF TOTAL OPEN SPACE PROVIDED BUILDING FAR. AREA SUMMARY (5€G 627.1.4) 50-27_1 GROSS LOT AREA X 3 96A315F X3=294,093 SF 394,093ALlAWED 57,100 BONDS 128.907ALLO1/1TED 6y Covenant in Lieu 439,251 SF RESIDENTIAL 38,665 SF HOTEL 480,000SF TOTAL ALLOWED 477,956 SF TOTAL BONUS L05) 57.100 SF 57.1005F BUILDING STATISTICS (SEC, 627.L7( NUMBER OF FLOORS MAX ALLOWABLE: 300'O 285TOR1E5 (10% INCREASE ALLOWED) 330-D' 31 STORIES PARKING GARAGE SUMMARY (SEC. 627.116) RESIDENTIAL 1 PER DWELING UNIT ADD UNITS X 1 )005PACE5 455 SPACES HOTELHOTEL URNS RD ROOMS X 'PER 3=27 SPACES 27SPACES COMMERCIAL RETAIL 21,7455E X 1/50(44 SPACES 445PACES TOTAL PARKING: 4715PACES REQUIRED 5265PACES PROVIDED LOADING SUMMARY (SEC.527.1.17) RESIDENTIAL FOR EVERY 100 UNITS: (1) BERTH 1.1" X33' X 15' (2) BERTH 12' X 55' X 15' NON- RESIDENTIAL . 25,0005F, NO BERTH (0) SD-27 SECTION 7 COMPLIANCE F.A.L. AREA CDMPONENTS IWWOL11627.S,G2B EXCLUSION} COMMERCIAL 8r LIVE WORK AREA (FOR COMPLIANCE WITH SD-275EC7) NET CORRin0R5& LOBBIES TOTAL NET CORRIDORS K 100RIE5 TOTAL A110ENTIA1 A 439,291 B+C 39,259 0 ❑ FAR LIOTEL ❑ 27.150 E+F 11,415 27,670 0 NON FAR OVF7WORK ICOMMERCJ AL COMPONENT] K 0 0 D 0 STAND-ALONE COMMERCIAL 1+l 21,745 0 21,745 0 TOTAL (REFER TO SHEET FOR DETAILS) 488,186 S9,674 538,660 49,415 0 49.415 01.1+K+1+L 2+C+E F A+a+K+1+L+13+C+E+T D+K+1+1 E+F 041(+1+1+E+F CONP,RACOIL&WE/WORX F.A.R. AS A PERCENTAGE OF TOTALF.A.% Warr EALL. SIFMuuMrall D+E+f+laK+t 60,310 11.1996 A.O+K+I+L000C+E+F+I-1i+L 536,860 COMMERCIAL & LME/WORK FAIL AS A PERCENTAGEOF TOTAL FELE, 5+E+F+1+10-1. 0.310 4.04C.Da1#F 517,115 11.66% NET COMMERCIAL & LNE/ WORM AS A PERCENTAGE OF TOTAL NET WILDING AREA O+K+nL 46,895 10 02% E88.136 NESI0ENTIAL FAA. AS A PERCENTAGE OF TOTAL FAA s3/an'MS7.1..60A tLVRONI 100.00% (A/RES EAR.) RESIDENTIAL FAR AS A PERCENTAGE OF TOTAL FAR 91.93% RES F.A.R./TOTALF.A.R.} NET RE51ti7ENTIAI A5 A PERCENTAGE OF NET FORDING AREA R8.R396