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HomeMy WebLinkAboutPZAB 02-19-14 Supporting DocsPZAB.1 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: 13-01416mu Quasi -Judicial Title: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO 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. Location: Approximately 3401 NE 1st Avenue [Commissioner Marc David Sarnoff - District 2] Applicant(s): Iris Escarra, Esquire, on behalf of PRH Midtown 3 LLC 333 SE 2nd Avenue, Suite 4400 Miami, FL 33131 (305) 579-0737 Purpose: This will allow the development of the Hyde Midtown project. Planning and Zoning Department Recommendation: Recommended approval with conditions. Planning, Zoning and Appeals Board: Continued on January 15, 2014 and February 5, 2014. ANALYSIS FOR MAJOR USE SPECIAL PERMIT FOR HYDE MIDTOWN f/k/a MIDTOWN 3 located at approximately 3401 NE 1st 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 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 / 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 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 mixed 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. ft 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 II 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 II 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 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 F.A.R. bonus will be allocated into the project pursuant to Covenant in lieu of unity of title (CFN 2004R0622724) recorded 7/23/2004, 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 3of6 • 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 recommendation 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; III. Pedestrian Oriented Development; IV. Streets and Open Space; V. Vehicular Access and Parking; VI. Screening; VII. Signage and lighting; VIII. Preservation of Natural Features; and IX. Modification of Nonconformities. 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, 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: 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 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 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 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) 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. Page 6 of 6 Midtown 0 150 300 M IAM 121 MAP Miami'ProjectlBuenaVista t ArAF j PAFAVO i�f dirdwArAr argrArra lararail 'Aram dowdier, Edipard sue= rr�i NE:34TH ST 600 Feet Yards NE 35TH TER MEM 1.11.1111.1.111.1 II Bever! L Terrace NE 33RD ST NE 32ND ST tT,6i24'O 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 ..Title A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLE 2 SECTION 2.2.1.1 AND APPENDIX C SECTION 627.1.3.2 OF THE MIAMI21 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. LOCATION: Approximately 3401 NE 1st Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of PRH Midtown 3 LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions. PURPOSE: This will allow the development of Hyde Midtown f/k/a Midtown 3 project. ..Body 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 Major Use Special Permit for Hyde Midtown f/k/a Midtown 3 project (13-01416mu) (referred to as "PROJECT") pursuant to Article 2 Section 2.2.1.1 and Appendix C Section 627.1.3.2 of the Miami21 Code, for the properties located at approximately 3401 NE 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, at its meeting on February 19, 2014 following an advertised public hearing, adopted Resolution No. PZAB-*-* by a vote of - to - (-), item No. PZAB, 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 to issue a Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A 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 Miami21 Code, for the PROJECT to be developed by the APPLICANT, at approximately 3401 NE 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 Hyde Midtown f/k/a Midtown 3 project as follows: a) to provide approximately 439,291 sq. ft of residential area, b) to provide approximately 38,665 sq. ft of hotel area, c) to provide approximately 12,061 sq. ft of Commercial (Retail) area, d) to provide 400 residential units and 80 hotel rooms (equivalent to 40 residential units) for a total of 440 units, and e) to provide 526 off street parking spaces Section 4. The Major Use Special Permit Application for the Project also encompasses the lower ranking Special Permits as set forth in the Development Order. Section 5. The findings of fact set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as amended. b. The PROJECT is in accord with the SD-27.1 (Midtown Miami East Special District) zoning classification of the Miami21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended. c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the PROJECT that have been found by the City Commission (based upon facts and reports prepared or submitted by staff or others) to adhere to the following Design Review Criteria subject to the any applicable conditions in the Development Order herein: DESIGN REVIEW CRITERIA I) Site and Urban Planning: APPLICABILITY COMPLIANCE Design Review Criteria Applicability Compliance (1) Respond to the physical contextual Yes Yes environment taking into consideration urban form and natural features; (2) Sitting should minimize the impact Yes Yes of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner lots should Yes Yes be oriented to the corner and public street fronts. II) Architecture and Landscape Architecture: Design Review Criteria Applicability Compliance (1) A project shall be designed to Yes Yes* comply with all applicable landscape ordinances; (2) Respond to the neighborhood Yes Yes context; (3) Create a transition in bulk and Yes Yes scale; (4) Use architectural styles and details Yes Yes (such as roof lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building facade Yes Yes vertically and horizontally in intervals that conform to the existing structures in the vicinity. III) Pedestrian Oriented Development: Design Review Criteria (1) Promote pedestrian interaction; Applicability Compliance Yes Yes (2) Design facades that respond Yes Yes primarily to the human scale; (3) Provide active, not blank facades. Yes Yes Where blank walls are unavoidable, they should receive design treatment. IV) Streetscape and Open Space: Design Review Criteria Applicability Compliance (1) Provide usable open space that Yes Yes allows for convenient and visible pedestrian access from the public sidewalk; (2) Landscaping, including plant Yes Yes* Material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. V) Vehicular Access and Parking: Design Review Criteria Applicability Compliance (1) Design for pedestrian and Yes Yes vehicular safety to minimize conflict points; (2) Minimize the number and width Yes Yes of driveways and curb cuts; (3) Parking adjacent to a street front Yes Yes should be minimized and where possible should be located behind the building; (4) Use surface parking areas as district buffer. VI) Screening: N/A Design Review Criteria Applicability Compliance (1) Provide landscaping that screen Yes Yes undesirable elements, such as surface parking lots, and that enhances space and architecture; (2) Building sites should locate Yes Yes service elements like trash dumpster, loading docks, and mechanical equipment away from street front where possible. When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front they should be situated and screened from view to the street and adjacent properties; (3) Screen parking garage structures Yes Yes with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. VII) Signage and Lighting: Design Review Criteria Applicability (1) Design signage appropriate for N/A 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; (3) Orient outside lighting to minimize glare to adjacent properties; (4) Provide visible signage identifying building addresses at the entrance(s) as a functional and aesthetic consideration. VIII) Preservation of Natural Features: Design Review Criteria (1) Preserve existing vegetation and/or geological features whenever possible. IX) Modification of Nonconformities: Design Review Criteria (1) For modifications of nonconforming structures, no increase in the degree of nonconformity shall be allowed; N/A N/A N/A Applicability N/A Applicability N/A Compliance Compliance Compliance (2) Modifications that conform to 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. These findings have been made by the City Commission to approve this project with conditions. d. Pursuant to Section 1305.3. of the Zoning Ordinance, the use and occupancy of the proposed project have been found by the City Commission to adhere to other specific consideration(s) set forth in the zoning ordinance, the City Code, and other applicable regulation(s). e. Pursuant to 1305.3.1. of the Zoning Ordinance, the adequacy of the manner in which the proposed use will operate, given its specific location and proximity to less intense uses, has been found by the City Commission to adhere to other specific consideration(s) set forth in the zoning ordinance, the City Code and other applicable regulation(s), with particular consideration given to protecting the residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts, and the spillover effect of light. f. The PROJECT is expected to cost approximately $ 152,500,000, and to employ approximately a maximum 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 (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, and minority contractor/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. Section 7. The application for this Major Use Special Permit, which was submitted on December 6, 2013, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference. Section 8. The City Manager is directed to instruct the Planning and Zoning Director to transmit a copy of this Resolution and attachment to the APPLICANT. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the PROJECT, incorporated within. Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and issued. 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 Hyde Midtown f/k/a Midtown 3 project (13-01416mu), (hereinafter referred to as the "PROJECT") to be located at approximately 3401 NE 1st Avenue, Miami, Florida (see legal description on "Exhibit A", attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Planning, Zoning and Appeals Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions approves the 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 1st Avenue, Miami, Florida. The PROJECT. 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". The proposed PROJECT consists in a mixed use tower of 32 stories, 330 feet tall (447' N.G.V.D.), with residential and hotel components to provide a) approximately 439,291 sq. ft of floor area for 400 residential dwelling units, b) approximately 38,665 sq. ft of floor area to house 80 hotel rooms, c) approximately 12,061 square feet of Retail Space, which includes 4,800 sq. ft of Restaurant and Cafe Space, and 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 consideration of non -substantial modification within 10% of the height by the Planning and Zoning Director pursuant to Sec. 627.1.6.4 (a). 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 Miami21 Code, is to allow residential units in a single building that exceed four hundred (400) dwelling units, also encompasses the following lower ranking Special Permits: "Hyde Midtown f/k/a Midtown 3" project, deemed as Major Use Special Permit within SD- 27.1 zoning classification is entitled to receive and requesting FAR bonus benefits by payment into the city FEC Corridor Improvement Trust Fund in the amount of $12.40 per square feet equal to $ 708,040.00. 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 II 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 II 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; Approval of the Foundation or Building Permit application under this Major Use Special Permit will require 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, Class II 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 II Special Permit, to allow maneuvering of loading trucks within the public right of way (East Coast Avenue) Pursuant to Article 2 Section 2.2.1.1 And Appendix C Section 627.1.3.2 Of The Miami21 Code, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Arquitectonica, dated October 30, 2013; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file 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; and The PROJECT conforms to the requirements of the SD-27.1 (Midtown Miami East Special District) 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 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 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 Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning 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, 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 Department with a recorded copy of the documents mentioned in condition (6) above. 8) Provide the Planning Department with a temporary construction plan that includes the following: • Temporary construction parking plan, with an enforcement policy; • Construction noise management plan with an enforcement policy; and • Maintenance plan for the temporary construction site; said plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this Major Use Special Permit. 9) In so far as this Major Use Special Permit includes the subordinate approval of a low 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 permits plans and detailed requirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order or captioned in the plans approved by it. 10) If the project is to be developed in phases, the Applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director. 11) Pursuant to design related comments, the applicant shall meet the following conditions to be reviewed and approved by the Planning Director, prior to the issuance of any building permit: a. 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 b. Submit proof of compliance with all the regulations of the Miami -Dade Aviation Department and the Federal Aviation Administration (FAA) 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 approval design, and locations of bicycle racks as required. See Section 6.27.1.11 Streetscape. f. 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. 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: g• 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) 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. THE CITY SHALL: Establish the operative date of this Permit as being thirty (30) days from the date of its issuance; the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the provisions of the Permit. CONCLUSIONS OF LAW The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations and further, pursuant to Section 1703 of the Zoning Ordinance: (1) the PROJECT will have a favorable impact on the economy of the City; and (2) the PROJECT will efficiently use public transportation facilities; and (3) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) the PROJECT will efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. REVIEWED AND APPROVED OFFICE OF THE CITY ATTORNEY: Initial Date ..Footnote {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.