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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
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..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.