Clty of MIAMI . PLANNING DEPARTMENT

PLANNING FACT SHEET FILE ID: 06-00086mm

APPLICANT Adrienne F. Pardo, Esquire, on behalf of the owner 2937 Ferrari, LLC and 2915 Biscayne LLC, owners.

PAB HEARING DATE November 15,2006

REQUESTILOCATION Consideration of a Substantial Modification to a Major Use Special Permit for the Lima project (MU-2006-00086mm), located at approximately 2919 Biscayne Blvd, 2937 Biscayne Blvd. and 330 NE 30 Street. [WynwoodIEdgewater NET District]

COMMISSION DISTRICT

ZONING DISTRICT(S) C-1(Restricted Commercial) with an SD-20.1 (Edgewater Overlay District)

SITE AREA 2.38-1 acres (Gross) and 1.38k acres (Net)

LEGAL DESCRIPTION See supporting documentation

PETITION Consideration of a Resolution, approving with conditions, a Substantial Modification to a Major Use Special Permit, Resolution 01-0199, pursuant to Articles 5, 9, 13, 17 and 22 of Zoning Ordinance No. 11000, as amended, for the Lima project (MU-2006-00086mm), located at approximately 2919 Biscayne Blvd, 2937 Biscayne Blvd. and 330 NE 30 Street, Miami, Florida, to allow the modification of the previously approved Lima project, to construct an approximate 490-foot, 43 story high mixed use structure to be comprised of approximately 206 units, approximately 32,731 square feet of retail and office space, and approximately 402 total parking spaces; providing for certain floor area ratio ("FAR") bonuses.

PLANNING RECOMMENDATION Approval with conditions

BACKGROUND AND ANALYSIS See supporting documentation

PLANNING ADVISORY BOARD Item #I VOTE:

ClTY COMMISSION # ' ClTY OF MIAMI .PLANNING DEPARTMENT 444 SW 2NDAVENUE, 3RDFLOOR MIAMI, FLORIDA, 33130 PHONE (305)41 6-1500

: : Date Printed: 11/6/2006 Page 1 ANALYSIS SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT for LIMA located at approximately 2919 Biscayne Blvd, 2937 Biscayne Blvd. and 330 NE 30 Street

LEGISTAR FILE ID: 06-00086mm

Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for The Lima project (MU-2006-00086mm) has been reviewed to allow a Substantial Modification to a Major Use Special Permit, Resolution 06-0132, pursuant to Articles 5, 9, 13, 17 and 22 of Zoning Ordinance No. 11000, as amended, located at approximately 2919 Biscayne Blvd, 2937 Biscayne Blvd. and 330 NE 30 Street, Miami, Florida, to allow the modification of the previously approved Lima project, to construct an approximate 490-foot, 43-story high mixed use structure to be comprised of approximately 32,731 square feet of commercial space, and approximately 402 total parking spaces.

This Permit also includes the following requests:

MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701. Definition (9), and ARTICLE 5. Section 502, PUD districts; minimum area, maximum densities and maximum floor area ratios permitted (a)(c), to allow up to 20% increase of floor area ratio, for an increase approximately 41,563.60 square feet of floor area;

MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (I), for a residential development involving two hundred six (206) units;

CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 620.3.1, to allow erection of a new building in SD-20 EDGEWATER OVERLAY DISTRICT;

CLASS II SPECIAL PERMIT, as per ARTICLE 9. Section 923, Sub-section 923.2. Sub- Section 923.2.1. Reduction in stall dimensions by Class II Special Permit; criteria and limitations on reductions, to allow reduction in dimensions of two (2) loading berth dimensions as follow:

Required: four (4) 12' wide x 35' long x 15' high

Propose to be reduced: Two (2) 12' wide x 35' long x 15' high Propose to be provided: Two (2) 10' wide x 20' long x 15' high

Total to be proposed: Two (2) 10' wide x 20' long x 15' high Two (2) 12' wide x 35' long x 15' high

CLASS II SPECIAL PERMIT, as per ARTICLE 9, Sub-section 908.2, for access from a public street roadway with driveway greater than twenty five (25) feet in width;

CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 620.4, to allow for outdoor dining and drinking establishments;

Page 1 of 7 CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Class II Special Permit required for waived of design standard and guidelines to allow a waiver of City of Miami Off-street Parking Guides and Standards requirement of one (1) additional foot in stall dimension where the side of any stall abuts a wall, column, fence, building, or other physical obstruction, to allow the minimum stall width dimension of 8'-6 from face of any obstruction to center line of the striping for approximately (1 %) of 402 parking spaces provided;

CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub-section 917.3.2 Application of City of Miami Guides & Standards to location, improvement, and landscaping of offstreet parking facilities, to allow a surface parking spaces;

CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 927. Temporary structures, occupancies, and uses during construction, criteria for special permits, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be approved by other city departments;

CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 906, Sub-section 906.9. Temporary special events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on privately owned or City-owned land such as a ground breaking ceremonies;

CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 916, Sub-section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as groundbreaking ceremonies;

CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 918, Sub-section 918.2. Temporary off-street offsite parking for construction crews, criteria, to allow temporary off-street offsite parking for construction crews working on a commercial-residential project under construction;

CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 920, Sub-section 920.1.2. Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes, when authorized for security or other purposes in connection with land development such as construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers;

CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6, Sub-section 10.5.4.3 (1) C-I Restricted Commercial District to allow temporary development sign;

Note: Commercial advertising shown on hearings plans are not part of this Major Use Special Permit application for approval.

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 andlor day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria;

REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required at the time of issuance of Shell Permit instead of at issuance of Foundation Permit;

Page 2 of 7 - The requirement to record in the Public Records a Declaration of Covenants andlor Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner and/or a mandatory property owner association;

- And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title.

Pursuant to Articles 5, 9, 13, 17 and 22 of Zoning Ordinance 11000, approval of the requested Substantial Modification to a 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.

In determining the appropriateness of the proposed project with a height of approximate 490-feet, the Planning Department has incorporated additional comments as a result of additional technical reviews in reference to this project in addition to the ones previously submitted comments from the Large Scale Development Committee (LSDC) and the Planning Internal Design Review Committee for additional input and recommendations; the following findings have been made:

It is found that the proposed development project will benefit the area by creating additional residential opportunities in the WynwoodIEdgewater NET District, located at the southeast corner of Biscayne Boulevard and NE 3othStreet.

It is found that the subject property is located in the "Broadmoor" Plat within the Edgewater neighborhood of the City.

It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the existing zoning designation for the property is C-I (Restricted Commercial) with and SD-20.1 (Biscayne Boulevard Edgewater Overlay).

It is found that pursuant to the Comprehensive Neighborhood Plan of the City of Miami, Florida, the existing Future Land Use category for the property is "Restricted Commercial".

It is found that the proposed project with a height of approximately 490-feet is not located along a Primary Pedestrian Pathway.

It is found that the original project with a height of approximately 490-feet is not located within an Archeological Conservation area.

It is found that the residential density of the project (206 units at 149 units per acre) is under maximum 207 units (150 units per acre) on the 1.38k net acre site.

Page 3 of 7 It is found that the south portion of the property is the location of the existing 3-story, 40,580 square foot Technomarine Building at 2919 Biscayne Boulevard, which will remain. The development plan for the project includes the 30,430 sq. ft. of office and 10,150 sq. ft. of retail in the Technomarine Building.

Pursuant to Article 9, Section 914, the original project with a height of approximately 473-foot and the current approximate proposed height is 489-feet and &inches is requesting a development bonus of 51,955 square feet of additional floor area, and shall pay into the Affordable Housing Trust Fund at amount of $12.40 per square foot = $644,242.

It is found that the project is expected to cost approximately $60,384,000, and to employ approximately 323 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 14 permanent new jobs (FTE) and will generate approximately $562,546 annually in tax revenues to the City (2005 dollars).

It is found that on October 17, 2005, the Miami-Dade Aviation Department provided a Height Analysis review for the original "Lima" project with a height of approximately 473-foot and the current approximate proposed height is 490-feet. It is also found that originally it conformed to the Miami-Dade County Height Zoning Ordinances. However, a new analysis would have to be submitted for review and approval by Miami-Dade Aviation Department.

It is found that on December 5, 2005, the City's Traffic Consultant, URS Corp., provided a review (W.O. #128) of the Traffic Impact Analysis submitted by the applicant and has found the traffic analysis sufficient. The proposed substantial modification has not impacted the previous analysis.

It is found that per Planning Department comments, the parking pedestal screening and the aluminum balcony railings shall match the concrete fa~adeof the Technomarine Building.

It is found that Miami-Dade Public Schools provided a preliminary review of the original project on January 3, 2006. The student population generated by this development is estimated at 56 students. The schools serving this area of application are Eneida M. Hartner Elementary (26 students) - 121% Florida Inventory School Houses (FISH) Capacity; Jose de Diego Middle (14 students) - 102% FISH; and Booker T. Washington Senior High (16 students) - 70% FISH. Pursuant to the interlocal agreement, only Eneida M. Hartner Elementary meets review threshold of 115%.

It is found that on January 18, 2006, the City of Miami Public Works Department provided a determination that the closure and vacation of the alleys within the project is not required in order to obtain building permits for this project.

It is found that the proposed substantial modification to the project was reviewed by the Internal Design Review Committee on July 18, 2006, and the following pertinent comments were made: Site Plan - (1)The proposal for a vehicular curb cut along Biscayne Boulevard is unacceptable. The applicant shall reconfi ure the vehicular circulation so that all entrances are from NE 3oth Street or NE 41 f! Avenue; (2) The proposed changes significantly reduce the amount of retail space fronting Biscayne

Page 4 of 7 Boulevard and replaces it with a vehicular driveway and parking, which is unacceptable; Pedestrian Realm - (1) Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas by providing a sidewalk with a consistent pattern and height that continues across vehicular areas; (2) Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works; Landscaping - (1) The plaza should not include a driveway to Biscayne Boulevard. This severely impacts the public space and pedestrian realm; (2) The concrete sidewalk along Biscayne Boulevard should be continued to the face of the building to provide a wide sidewalk. Awnings or other structure can protrude over this space for definition if desirable. The Planning Department's review resulted in design modifications that were then recommended for approval to the Planning Director.

It is found that the project with a height of approximately 490-feet was reviewed for design appropriateness by the Urban Development Review Board on September 20, 2006, which recommended Approval (UDRB Reso. 9-20-06-3) with conditions.

It is found that with respect to all additional criteria as specified in Section 1305.2 of Zoning Ordinance 11000, the proposal has been found to adhere to the following Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and Open Space; (5) Vehicular Access and Parking; (6) Screening; (7) Signage and lighting; (8) Preservation of Natural Features; and (9) Modification of Nonconformities.

Based on these findings, the Planning Department is recommending approval of the requested Development Project with the 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 a building permit including the required Affordable Housing Trust fund contribution of $12.40 per square foot for any applicable FAR increase sought under those provisions.

2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical.

3) Obtain approval from, or provide a letter from the Department of Fire-Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire-Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply.

Page 5 of 7 5) Comply with the Minority Participation and Employment Plan (including a Contractor1Subcontractor 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 MinorityNVomen Business Affairs and Procurement Program as a guide.

6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity.

7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP permit resolution and development order, and further, an executed, record able unity of title or covenant in lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's Office.

8) Provide the Planning Department with a temporary construction plan that includes the following: a temporary construction parking plan, with an enforcement policy; a construction noise management plan with an enforcement policy; and a maintenance plan for the temporary construction site; said plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this Major Use Special Permit.

9) In so far as this Major Use Special Permit includes the subordinate approval of a series of subordinate Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate 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) Obtain approval from, or provide a letter from Miami-Dade Aviation Department indicating that the proposed height of 489-feet and &inches is in compliance with all the concerns of the Department prior to the obtainment of a shell permit.

11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions: (a) The a licant shall reconfigure the vehicular circulation so that all entrances are from NE 30tr Street or NE 4Ih Avenue; (b) Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas by providing a sidewalk with a consistent pattern and height that continues across vehicular areas; (c) Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works; (d) The plaza should not include a driveway to Biscayne Boulevard; (e) The concrete sidewalk along Biscayne Boulevard should be continued to the face of the building to provide a wide sidewalk; (f) the parking pedestal louver screening and the aluminum balcony railings will need to match the concrete fa~adeof the Technomarine Building in color and pattern - not material.

Page 6 of 7 12) 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.

13) A development bonus to permit a mixed use of 51,955 square feet of floor area shall require payment to the Affordable Housing Trust Fund of an amount of $1 2.40 per square foot = $644,242.

14) 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 7 of 7 Projects in the Vicinity Lima 06-00086mm

No. Name Floors Units Status 1. The Yorker # 62 Completed

pplication

#-Indicates Mixed-Use Project with Retail andlor Office uses

06-00086mm - Projects in the Vicinity LIMA 2955 BlSChYNli BOUI.I:VARI> NET DIS'I'RI(:'I':WYNWOOI)/EDC;EWA'CER 07-1 8-06

The following comments represent the unified vision of the Pre-Application Design Review Committee, whch consist of all staff members in the Urban Design and Land Development Divisions.

COMMENTS: The initial submittal of this project was approved by the Urban Design Review Board on 11-16-2005. The project has been substantially modified from the approved plans and requires review by the Internal Design Review Committee as well as the Urban Design Review Board.

The committee finds that the oripal submittal approved in November 2005 was a better solution than the proposed modified plans, and recommends that the applicant continue to work with the approved plans.

Residential Tower The addition of liner units along the western elevation of the building is appropriate, and enhances the budding frontage facing Biscayne Boulevard.

Site Plan The proposal for a vehicular curb cut along Biscayne Boulevard is unacceptable. The applicant shall reconfigure the vehcular circulation so that all entrances are from NE 30'" Street or NE 4Ih Avenue. The proposed changes significantly reduce the amount of retail space fronting Biscayne Boulevard and replaces it with a vehicular driveway and parlung, which is unacceptable. The relocation of the proposed public plaza to be adjacent to Starbucks is appropriate. The relocation of the loading spaces to be witllin the parkmg garage is appropriate.

Pedestrian Realm Articulate the pedestrian sidewalk to gve dominance to the pedestrian realm over the vehicular areas. Achieve this by providing a sidewalk with a consistent pattern and height that continues across vehcular areas. Vehcles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works. We are attaching a detail sheet of an approved mountable curb for your reference.

Landscaping The latest submittal does not provide information about the landscaping. Please submit a landscape plan that specifies the species and proposed locations of all plant materials. Provide a complete tree survey of existing conditions includmg species, diameter and spread includmg all trees in the right-of-way. Please refer to the City of Miami tree protection ordinance passed in January 2005 and indicate how tree mitigation will be achieved. Please note that the City calculates tree replacement by the "sum of inches" of tree trunk at breast height, whde the county uses square footage of tree canopy. Provide a continuous canopy of shade trees to provide comfort for pedestrians along all street frontages. These shade trees shall be aligned close to the edge of the curb in the public right of way (at no greater than 33' on center) to provide a buffer for pedestrians from vehicular traffic. The applicant shall obtain approval and a permit from the Public Works Department for the aforementioned landscaping improvements in the right of way. This greenspace and landscaping may not be included in the calculations for meeting greenspace zoning requirements.

It is our intention with these comments to aid in expediting Special Permit applications with your 1 voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Committee or the Urban Development Review Board. Via and US Mail December 5, 2005 Fax

Ms. Lilia I. Medina, AlCP Accicbnt Tmncportatinn (:nnnjir 1al0l' Ciiy v[Mian-~i, Offioc of tho City ManagerKranspnrtntion 444 SW 2"dAvenue (loKhFloor) Mlarnl, Florida 33130

Re: LIMA (WO # 128) SufflclencyLei ter

Dear Ms. Medlna:

Subsequent to our October Il"', 2005 review comrnenls for the subje~lp~uja~t, we have recerveo a lurlr~q~I t;apu~ Aw,~I duv/JPI,.,....,, ~.rd.r\,rmm~ofoa Inn (nRn) nn hlrrlrul~~h~r?ad 2005. We have also receivcd 3 mtiafactory letter (via e-mall) trom the FDQT Planning orlice. r1torrscapits 09 both ihc rctipvr~caIstterfmm KHA nnd n m~ilfrnm FDOT are attached herewith.

Au PPI ~IIPe-nwil trnm I uu I.rnc ~~vclop~~113s nby~d lu IIIDICIIJ b 1~lr~hl4urnlurlu ul 111E 90'" 7t1.1-.t-.t/Hfc,r~y~~-B~~~~wt~rrl,l~+pr.w~:I;~~~~~. ;I.I odcr to rnitind~thr: impacts from the project sire, Additionally, the applicant has also mentioned that the project architect would provlae Tne 11 I~Stl III~I~,~I I cUnldll lu url Irur~#\*sbilih~el dnltl.lorl,r truokc 111it)in thn pmjhrt sit,= AC this rtfrtifxt proyressas II uuy~~LI IG IGV;~Wpmceas. tho applimnt muct cubmit an ?~~~y,foR!i--,9~r.~m ~la~lnn plan far approljal by tho City ctnff. .At this iirn~,w~ rnnr,lrrrlt? that thf: revised tmffic report along will.1 thr: r,~hscquenteubmitt~l mccts all the traffic requirements and the report is ~VUIIJlu be sufflclent

SIIUUILJ yuu I lave a1 ly yu~stlons,plea~c call Quazi Macood or me at 954./'34.1RPVl

Siriuur uly,

Ccr Mr. Ke vfn Walforrl, PPlanner I, City ot Miamr (tax: 305.416, .I 4 43) Ma. 3v, ria UlketWs~Uegart,1 k, ut %.\, ('FOX:Sbb. rlrlrl. rlORC))

UIIC ~1~1~~lilllutl Lakeehora Complex 5100 NW S3rd Avenue, Suit6 150 Forr Lauderiale, R 33309-6375 Tnl nR/l 710 1 PR1 Fax: 954.739.3-789 E ARRIOLA January 18,2006 ~tyManager

Ms. Adrienne Friesner Pardo Greenberg, Traurig P.A. 1221 Brickell Avenue Miami, FL 33 13 1

Dear Ms. Pardo:

LIMA MUSPl2915 BISCAYNE BOULEVARD

I have received the Opinion of Title for the LIMA project located at 2915 Biscayne Boulevard as evidence to verify that the alleys within Block 10, Broadmoor Subdivision, P.B. 2, PG. 37 have been properly closed and vacated and have made the following determination.

In addition to the Opinion of Title, Public Works Department staff has determined that all of the alleys located in Block 10, Broadmoor Subdivision, P.B. 2, PG. 37, including the subject property, were closed by Circuit Court Order No. 61C 1 15 15 dated February 5, 1962. The Circuit Court Judge was John L. Kehoe.

Based on the Opinion of Title and the Circuit Court Order, I have determined that the City of Miami has recognized the closure and vacation of the alleys within the LIMA project property located at 291 5 Biscayne Boulevard and platting is not required in order to obtain building permits for this project.

If you have any questions concerning this matter, please call Mr. Leonard Helmers, Professional Engineer IV, at 305-4 1 6- 122 1.

Sincerely,

Stephanie N. Grindell, P.E. Director of Public Works Supervisor of Plats

c: Ana Gelabert-Sanchez, Director, Planning Department Lourdes Slazyk, Assistant Director, Planning Department bc: Survey Development and Roadway Plans Central

DEPARTMENT OF PUBLIC WORKS 444 S.W. 2nd AvenueIMiami, Florida 33130 / (305) 41 6-1 200 / Fax:(305) 41 6-11 52 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 CITY o F MIAMI

PLANNING DEPARTMENT

RESOLUTION FOR RECOMMENDATION

UDRB MEETING 9/20/2006

Item No. 3:

A motion was made by Roger Fry and seconded by Ernesto Santos for a resolution recommending to the director of the Department of Planning qproval tvith condtions for a Major Use Special Permit for the project Lima located at 2955 Biscayne Boulevard with a vote of 3 to 0.

Conditions: Remove curb cut and parking from Biscayne Boulevard. Provide landscaping along 29" Street and 4" Avenue.

Suggestions: (Based on the I.D.R. comments) Reconsider the vehicular curb cut along Biscayne Boulevard. The applicant should reconfigure the vehicular circulation so that all entrances are from NE 30" Street or NE 4h Avenue.

L+ - Ana G-elabeh%anchez. &%ctor/c" "l MIAMI-DADE COUNTY, FLORIDA AVIATION DEPARTMENT P.O. BOX 592075 MIAMI, FLORIDA 331 59-2075 (305)876-7000

October 17, 2005

Mr. Kevin Walford City of Miami 444 S.W. 2ndAve., 41h Floor Miami, Florida 33 130

RE: Height Analysis for the Lima Project Located at 2955 Biscayne Blvd. in Miami, FL.

Mr. Walford:

The Miami-Dade Aviation Department (MDAD) has reviewed your Large Scale Development Submittal dated October, 2005 for a height analysis for the above referenced project. Our review finds that a 484 ft AMSL (Above Mean Sea Level) structure at this location conforms to the Miami-Dade County Height Zoning Ordinance.

However, our preliminary analysis indicates that this structure may impact the following Terminal Instrument Procedures (TERPS) surfaces:

Runway 26L LNAV Final Approach: exceeds by 234 ft Runway 26L LOC Final Approach : exceeds by 3 14 ft Runway 26R LOC Final Approach : exceeds by 254 ft Runway 26R LNAV Final Approach: exceeds by 254 ft

The FAA will need to determine the effect of those impacts (if any) upon the developer's submittal of form 7460-1 to the FAA.

This height determination is an estimate issued on a preliminary or advisory basis. Before proceeding with design, any proposed construction at this location exceeding 200 ft will be required to file with the FAA by using form 7460-1 'Notice of Proposed Construction Alteration for Determination of Known Hazards'. In addition, any construction cranes for this project exceeding 200 ft must be filed by the construction contractor using the same form. Thus, for any structure or crane at this location exceeding 200 R, FAA form 7460-1 must be filed. The form is available through this office or through the FAA website: httg:_I!.f:~.rms,.f:aalg~~!fo~ms!fa~74.6~~~....pdf This form should be mailed to: Federal Aviation Administration, Air Traffic Airspace Branch - ASW-520, 2601 Meacham Blvd, Ft. Worth, TX 76137-0520. Alternatively, the developer may "e-file" online at https://oeaaa.faa.~ov.

MIAMI INTERNATIONAL AIRPORT Mr. Kevin Walford Page 2 October 17, 2005

Based on the above, MDAD would not object to a proposed structure height that conforms to the Miami-Dade County Height Zoning Ordinance as long as:

1) FAA determines that the construction of building at the above mentioned height will not diminish or affect the safety, efficiency or capacity of the Miami International Airport in any way; and

2) FAA issues a "Determination of No Hazard" for this project and location; and

3) An interested party does not file a "petition for review" to FAA's aeronautical study that has yet to be completed for this project and location.

Please note that the airspace review process is governed by two different regulations: the Miami-Dade County Height Zoning Ordinances and Federal Regulation Title 14 Part 77. Neither MDAD nor any MDAD staff has the power or authority to enforce the County's zoning provisions or the FAA requirements. Pursuant to section 33-339, the County's Department of Planning & Zoning (P&Z) administers the County's height zoning provisions (Section 33-339) which states that "all applications for permits made to appropriate municipal Building and Zoning Departments or agencies for all construction.. . shall be approved by the [Miami-Dade Department of Planning and Zoning] Director and the Building Official or by their duly authorized representatives prior to issuance of the permit." The FAA has its own airspace evaluation requirements, as well as the right to permit or not permit construction of a facility or use of a crane based on the particular facts then presented before the FAA. Only P&Z or the applicable municipal building official can make the final determination as to whether the County's zoning requirements and height limitations are met, and only FAA can make the determination as to whether FAA building and height requirements are met.

This determination is based, in part, on the description provided to us by you, which includes specific building locations and heights. Any changes in building locations/layouts or heights will void this determination. Any future construction or alteration, including an increase to heights requires separate notice to the FAA and the Miami-Dade Aviation Department. Mr. Kevin Walford Page 3 October 17, 2005

Should you have any questions in obtaining and/or filling out FAA form 7460-1 or if I can be of any further assistance, please feel free to contact me at 305-876-8080.

Attachment cc: S. Harman J. Bunting A1 Torres, P&Z K. Walford, City of Miami R. Lavernia, City of Miami E. Newalu, FAA File Airspace **REVISED** SCHOOL IMPACT REVIEW ANALYSIS January 3,2006

FOR INFORMATIONAL PURPOSES ONLY; THE REQUIREMENTS UNDER THE INTERLOCAL AGREEMENT FOR SCHOOL FACILITY PLANNING ARE NOT TRIGGERED SINCE THE APPLICANT IS NOT REQUESTING ADDITIONAL RESIDENTIAL DENSITY OVER WHAT IS CURRENTLY ALLOWED IN THE PORPERTY'S ZONING CLASSIFICATION.

APPLICATION: Lima

REQUEST: Major Use Special Permit (PA6 Mtg. January 4, 2006)

ZONING: C-1 "Restricted Commercial" (150 DUIacre), SD-20 and SD-20.1 Overlay

ACRES: -+1.41 net acres

LOCATION: Approximately 2919 and 2937 Biscayne Boulevard and 330 NE 30 Street, Miami

MSAl MULTIPLIER: 4.7 / 0.27 multifamily

NUMBER OF UNITS: 207 units (Existing zoning allows 21 1 units)

ESTIMATED STUDENT POPULATION: 56 r

ELEMENTARY: 26

MIDDLE: 14

SENIOR HIGH: 16

SCHOOLS SERVING AREA OF APPLICATION

ELEMENTARY: Eneida M. Hartner Elementary - 401 NW 29 Street

MIDDLE: Jose De Diego Middle - 3100 NW 5 Avenue

SENIOR HIGH: Booker T. Washington Senior High - 1200 NW 6 Avenue

All schools are located in Regional Center IV.

*Based on Census 2000 information provided by Miami-Dade County Department of Planning and Zoning. The following population and facility capacity data are as reported by the Office of lnformation Technology, as of August 2005:

% UTILIZATION NUMBER OF % UTILIZATION FISH FlSH DESIGN FlSH DESIGN PORTABLE DESIGN CAPACITY STUDENT CAPACITY CAPACITY STUDENT PERMANENT AND CUMULATIVE POPULATION PERMANENT PERMANENT STATIONS RELCOATABLE STUDENTS" 118% 118% Eneida M. 827 703 0 1,255 Hartner Elem. 853 * 121% 121%

100% Jose De Diego 1,046 100% 1,043 0 2,834 Middle 1,060 102% 102%

Booker T. 1,566 69% 69% 2,270 0 4,678 Washington Sr. 1,582 * 70% 70%

*Student population increase as a result of the proposed development **Estimated # of students (cumulative) based on zoninglland use log (2001- present) and assuming all approved developments are built; also assumes none of the prior cumulative students are figured in current population. Notes: 1) Figures above reflect the impact of the class size amendment. 2) Pursuant to the lnterlocal Agreement, only Eneida M. Hartner Elementary meets the review threshold.

PLANNED RELIEF SCHOOLS IN THE AREA (Information included in proposed 5-Year Capital Plan, 2005-2009, dated January 2005)

Projects in Planning, Design or Construction School Status Projected NIA Occupancv Date

Proposed Relief Schools School Fundinq year State School "GG-1" FY 06-07 LAND TO BE DONATED BY CITY OF MIAMI Proposed (Jose de Diego Middle School relief) (1,241 student stations)

CAPITAL COSTS: Based on the State's January 2006 student station cost factors*, capital costs for the estimated additional students to be generated by the proposed development are:

ELEMENTARY 26 x 13,940 = 362,440 MIDDLE 14 x 15,983 = $223,762 SENIOR HIGH 16 x 21,150 = $338,400 Total Potential Capital Cost $924,602

*Based on lnformation provided by the Florida Department of Education, Office of Educational Facilities Budgeting. Cost per student station does not include land cost. City of Miami City Hall Legislation 3500 Pan Resolution American Drive Miami, FL 331 33 www.miamiaov.com

File Number: 06-00086mm Final Action Date:

A RESOLUTION OF THE MIAMI CITY COMMISSION, WlTH ATTACHMENTS, APPROVING WlTH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT FOR THE LlMA PROJECT PURSUANT TO ARTICLES 5, 9, 13,17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE LlMA PROJECT, TO BE LOCATED AT APPROXIMATELY 2919 AND 2937 BISCAYNE BOULEVARD, AND 330 NORTHEAST 30TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 490-FEET, 43-STORY HIGH MIXED-USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 206 TOTAL MULTIFAMILY RESIDENTIAL UNITS WlTH RECREATIONAL AMENITIES; APPROXIMATELY 3,202 SQUARE FEET OF NEW RETAIL SPACE; IN ADDITION TO EXISTING 30,430 SQUARE FEET (OFFICE) AND 11,473 SQUARE FEET (RETAIL) USES; AND APPROXIMATELY 402 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, on September 22, 2006, Adrienne F. Pardo, on behalf of the owner 2937 Ferrari, LLC, and 2915 Biscayne LLC, owners (referred to as "APPLICANT"), submitted a complete Application for a Substantial Amendment to Major Use Special Permit for the Lima project (referred to as "PROJECT") pursuant to Articles 5, 9, 13, 17 and 22 of Zoning Ordinance No. 11000, for the properties located at approximately 2919 and 2937 Biscayne Boulevard, and 330 NE 30th Street, Miami, Florida, as legally described in "Exhibit A, attached and incorporated; and

WHEREAS, development of the Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and

WHEREAS, the Large Scale Development Committee met on October 26, 2005 to consider the original project with a height of approximately 473-foot and the current approximate proposed height is 490-feet. It is also offer its input; and

WHEREAS, the Urban Development Review Board met on September 20, 2006, to consider the proposed project an recommended APPROVAL WlTH CONDITIONS; and

WHEREAS, the Miami Planning Advisory Board, at its meeting held on November 15, 2006 Item No. 1, following an advertised public hearing, adopted Resolution No. PAB *-* by a vote of --- to --- (*-*), recommending ---- with conditions as

City of Miami Page I of 13 Printed On: 11/7/2006 File Number 06-00086mm presented in PAB Resolution *-* of the Major Use Special Permit Development Order as attached and incorporated; 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 Substantial Amendment to 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 Substantial Amendment to Major Use Special Permit Development Order, incorporated within, is approved subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the APPLICANT, at approximately 2919 and 2937 Biscayne Boulevard, and 330 NE 30th Street, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated.

Section 3. The PROJECT is approved for the construction of an approximate 490-feet, 43--story high mixed use structure to be comprised of approximately 206 total multifamily residential units with recreational amenities; approximately 3,202 square feet of new retail space; in addition to existing 30,430 sq. ft. (office) and 11,473 sq. ft. (retail) uses; and approximately 402 total parking spaces; providing for certain floor area ratio ("FAR") bonuses.

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 C-I (Restricted Commercial) with SD- 20 (Edgewater Overlay) and SD-20.1 (Biscayne Boulevard Edgewater Overlay) zoning classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the PROJECT that have been found by the City Commission (based upon facts and reports prepared or submitted by staff or others) to adhere. to the following Design Review Criteria subject to the any applicable conditions in the Development Order herein:

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DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE

I) Site and Urban Planning:

(1) Respond to the physical Yes. contextual environment taking into consideration urban form and natural features; (2) Siting should minimize the Yes. impact of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner lots Yes. should be oriented to the corner and public street fronts.

II) Architecture and Landscape Architecture:

(1) A project shall be designed Yes. to comply with all applicable landscape ordinances; (2) Respond to the neighborhood Yes. context; (3) Create a transition in bulk Yes. and scale; (4) Use architectural styles Yes. and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building facade Yes. vertically and horizontally in intervals that conform to the existing structures in the vicinity.

Ill) Pedestrian Oriented Development:

(1) Promote pedestrian Yes. interaction; (2) Design facades that Yes. respond primarily to the human scale; (3) Provide active, not blank Yes. facades. Where blank walls are unavoidable, they should receive design treatment.

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IV) Streetscape and Open Space:

(1) Provide usable open space Yes. that allows for convenient and visible pedestrian access from the public sidewalk; (2) Landscaping, including plant Yes. material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project.

V) Vehicular Access and Parking:

(1) Design for pedestrian and Yes. vehicular safety to minimize conflict points; (2) Minimize the number and Yes. width of driveways and curb cuts; (3) Parking adjacent to a street Yes. front should be minimized and where possible should be located behind the building; (4) Use surface parking areas Yes. as district buffer.

VI) Screenina:

(1) Provide landscaping that Yes. screen undesirable elements, such as surface parking lots, and that enhances space and architecture; (2) Building sites should locate Yes. service elements like trash dumpster, loading docks, and mechanical equipment away from street front where possible. When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front they should be situated and screened from view to street and adjacent properties; (3) Screen parking garage Yes.

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structures with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, andlor other suitable design element.

VII) Sinnane and Liahtina:

(1) Design signage appropriate Yes. for the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design Yes. feature to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to Yes. minimize glare to adjacent properties; (4) Provide visible signage Yes. identifying building addresses at the entrance(s) as a functional and aesthetic consideration.

VIII) Preservation of Natural Features:

(1) Preserve existing vegetation Yes. andlor geological features whenever possible.

IX) Modification of Nonconformities:

(1) For modifications of Yes. nonconforming structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform Yes. to current regulations shall be designed to conform to the scale and context of the nonconforming structure.

*Compliance is subject to conditions.

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These findings have been made by the City Commission to approve this project with conditions.

d. The PROJECT is expected to cost approximately $60,384,000, and to employ approximately 323 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the creation of approximately 14 permanent new jobs (FTE). The PROJECT will generate approximately $572,546 annually in tax revenues to the City (2006 dollars).

e. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; (2) the PROJECT will efficiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (5) the PROJECT will efficiently use necessary public facilities; (6) the PROJECT will not negatively impact the environment and natural resources of the City; (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 contractor1subcontractor participation will be mitigated through compliance with the conditions of this Substantial Amendment to Major Use Special Permit.

Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANT and any successors in interest.

Section 7. The application for Major Use Special Permit, which was submitted on September 22, 2006, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference.

Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT.

Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the PROJECT, incorporated within.

Section 10. 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

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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 ~ayor."

DEVELOPMENT ORDER

Let it be known that pursuant to Articles 5, 9, 13, 17 and 22 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Substantial Amendment to Major Use Special Permit for Lima, (hereinafter referred to as the "PROJECT") to be located at approximately 2919 and 2937 Biscayne Boulevard, and 330 NE 30th Street, 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 Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions approves the Major Use Special Permit and issues this Permit:

FINDINGS OF FACT

PROJECT DESCRIPTION:

The proposed project with a height of approximately 490 feet is a mixed use development to be located at approximately 2919 and 2937 Biscayne Boulevard, and 330 NE 30th Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 2.39& acres and a net lot area of approximately 1.38k acres of land (more specifically described on "Exhibit A", incorporated herein by reference). The remainder of the PROJECT'S Data Sheet is attached and incorporated as "Exhibit B".

11 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.

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The original project had a height of approximately 473-foot and the proposed substantial amendment approximate height is 490 feet, 43-story high mixed use structure to be comprised of approximately 206 total multifamily residential units with recreational amenities; approximately 3,202 square feet of new retail space; in addition to existing 11,473 sq. ft. (retail) and existing 30,430 sq. ft. (office) uses; and approximately 402 total parking spaces; providing for certain floor area ratio ("FAR") bonuses.

The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits:

MAJOR USE SPECIAL PERMITS

MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701. Definition (9)' and ARTICLE 5. Section 502, PUD districts; minimum area, maximum densities and maximum floor area ratios permitted (a)(c), to allow up to 20% increase of floor area ratio, for an increase approximately 41,563.60 square feet of floor area;

MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (I), for a residential development involving two hundred six (206) units;

CLASS II SPECIAL PERMITS

CLASS II SPECIAL PERMIT,'^^ per ARTICLE 6, Section 620.3.1, to allow erection of a new building in SD-20 EDGEWATER OVERLAY DISTRICT;

Required: four (4) 12' wide x 35' long x 15' high

Propose to be reduced: Two (2) 12' wide x 35' long x 15' high Propose to be provided: Two (2) 10' wide x 20' long x 15' high

Total to be proposed: Two (2) 10' wide x 20' long x 15' high Two (2) 12' wide x 35' long x 15' high

CLASS II SPECIAL PERMIT, as per ARTICLE 9, Sub-section 908.2, for access from a public street roadway with driveway greater than twenty five (25) feet in width;

CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 620.4, to allow for outdoor dining and drinking establishments;

CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Class II Special Permit required for waived of design standard and guidelines to allow a waiver of City of Miami Off-street Parking Guides and Standards requirement of one (1) additional foot in stall dimension where the side of any stall abuts a wall, column, fence, building, or other physical obstruction, to allow the minimum stall width dimension of 8'-6 from face of any obstruction to center line of the striping for approximately (1 %) of 402 parking spaces provided;

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CLASS I SPECIAL PERMITS

CLASS 1 SPECIAL PERMIT, as per, ARTICLE 9, Section 906, Sub-section 906.9. Temporary special events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on privately owned or City-owned land such as a ground breaking ceremonies;

CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 916, Sub-section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as groundbreaking ceremonies;

CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6, Sub-section 10.5.4.3 (1) C-I Restricted Commercial District to allow temporary development sign;

Note: Commercial advertising shown on hearings plans are not part of this Major Use Special Permit application for approval.

REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required at the time of issuance of Shell Permit instead of at issuance of Foundation Permit;

- The requirement to record in the Public Records a Declaration of Covenants and/or Restrictions providing that the ownership, operation and maintenance of all common

Cipof Miami Page 9 of 13 Printed On: 11/7/2006 File Number: 06-00086mm areas and facilities will be by the property owner and/or a mandatory property owner association:

- And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title.

Pursuant to Articles 5, 9, 13, 17 and 22 of Zoning Ordinance 11000, approval of the requested Substantial Amendment to 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 Kobi Karp Architecture & Interior Design, Inc., dated October 2, 2006; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Urban Resource Group, dated August 2, 2006; said design and landscape plans may be permitted to be modified only to the extent necessary to comply with the conditions for approval imposed herein; all modifications shall be subject to the review and approval of the Planning Director prior to the issuance of any building permits; and

The PROJECT conforms to the requirements of the C-I (Restricted Commercial) with SD-20.1 (Biscayne Boulevard Edgewater Overlay) zoning classification, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The existing 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:

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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 MinorityNVomen Business Affairs and Procurement Program as a guide.

9) In so far as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and detailed requirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities andlor improvements listed in this development order or captioned in the plans approved by it.

11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions: (a) The applicant shall reconfigure the vehicular circulation so that all entrances are from NE 3oth Street or NE 4th Avenue; (b) Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas by providing a sidewalk with a consistent pattern and height that continues across vehicular areas; (c) Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the

City of Miami Page I I of 13 Prin~edOn: 11/7/2006 File Number 06-00086mm maximum allowed by Public Works; (d) The plaza should not include a driveway to Biscayne Boulevard; (e) The concrete sidewalk along Biscayne Boulevard should be continued to the face of the building to provide a wide sidewalk; (f) the parking pedestal louver screening and the aluminum balcony railings will need to match the concrete facade of the Technomarine Building in color and pattern - not material.

12) 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.

13) A development bonus to permit a mixed use of 51,955 square feet of floor area shall require payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot = $644,242.

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:

the PROJECT will have a favorable impact on the economy of the City; and the PROJECT will efficiently use public transportation facilities; and the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and the PROJECT will efficiently use necessary public facilities; and the PROJECT will not negatively impact the environment and natural resources of the City; and the PROJECT will not adversely affect public safety; and the public welfare will be served by the PROJECT; and any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit.

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The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable

JORGE L. FERNANDEZ CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS:

City of Miami Page 13 of 13 Printed On: 11/7/2006 EXHIBIT "A"

Exhibit "Av

I LEGAL DESCRIPTION:

Lots 1, 6. 7, 10. 11. and 12, together with the East 69 feet of Lots 5 and 8 and the East 19 feet of Lot 9, also described as that part of Lots 5, 8, 9. lying East of Biscayne Boulevard. all being in Block 10, of BROADMOOR. according to the plat thereof as recorded in Plat Book 2 at Page 37 of the i Public Records of Miami-Dade County, Florida. and Alleys in said Block 10, lying East of Biscayne Boulevard except the' North 1/2 of the alley abutting Lots 2, 3, and 4, of the Public Records of Miami-Dade County. Florida.

AND ALSO INCLUDING

All of Lots 2 and 3 and .that Part of Lot 4, lying East of Biscayne Boulevard in Block 10. together with the North half of that certain 10 foot wide alley, lying South of and adjacent to said Lots 2. 3 and 4 in Block 10 of BROADMOOR, according to the Plat thereof, recorded in Plat Book 2, at Page 37 of the Public Records of Miami-Dade County, Florida. I- EXHIBIT "B"

LEGAL DESCRIPTION LOTS 1.6.7.10.11. AND 12. TOGETHER WTH EAST 89 FEET OF LOTS 5 AND 8 AND THE EkT19 FEET OF LOT 9. ALSO DESCRIBEDAS THAT PART OF LOTS 5.8.9. LYING EAST OF BISCAYNE BOULEVARD. ALL BEING IN BLOCK 10. OF BROADMOOR. ACCORDING TO THE PLAT THEROF AS RECORDED IN PLAT BOOK> AT PAGE 37 OF THE PUBLIC RECORDS OF MIAMI-DADE COW. FLORIDA. AND ALLEYS IN SAlD BLOCK 10, LYING EAST OF BISCAYNE BOULEVARD EXCEPT THE NORTH 112 OF THE ALLEY ABblTNG LOTS 2.3, AND 4. OF MEPUBLIC RECORDS OF MIAMI-OADE COUNM. FLORIDA. AND ALSO INCLUDING: ALL 0 FLOTS 2 AND 3 AN0 THAT PART OF LOT4. LYING EAST OF BISCYANE BOULNARD IN BLOCK 10. TOGETHER WlTH THE NORTH HALF Of THAT CERTAIN10 FOOT WIDE ALLN. LYING SOUTH OF AND ADJACEM TO SAlD LOTS 2 3 AND 4 IN BLOCL 10 OF BROADMOORE. ACCORDING TO THE PLAT %REFORE. RECORDED IN PLAT BLOW i. AT PAGE 370~ME PUBLIC RECORDS OF MIAMI-DADE COUNTY. FLORIDA.

SITE PLAN INFORMATION

ZONING DESIGNATION: ' C1- SD-20 OVERLAY no00 ZONE x TYPE OF OCCUPANW COMMERCIAL IRESIDENTIAL NET LOT AREA 1.36 ACRES (80.107 S.F.) GROSS LOT AREA 103,909 S.F. EXISTINGSQ.FT. 40,586 S.F. (TECHNOMARINE BUILDING) FLOOR AREA RATIO COMMERCIAL .28 RESIDENTIAL 1.72

FLOOR AREA . ALLOWED COMMERCIAL .315 X GROSS LOT AREA .315X 103.909 S.F. 32.731 S.F. RESlDEMlAL 1.685 X GROSS LOT AREA 1.685 X 103,909 S.F. 175.087 S.F. TOTAL 207,818 S.F. PROPOSED EXISTING TOTAL PROVIDED FLOOR AREA WITH BONUSES ALLOWED COMMERCIAL (AFFORDABLE HOUSING BONUS) 32.731 S.F. X .25 = 8.183 S.F. COMMERCIAL (PUD) 32731 S.F. X .20 6.546 S.F. b TOTAL BONUSES 14.729 S.F. - TOTAL CWM. AREA WITH BONUSES 47,459S.F. 43.907S.F. 47.103 S.F.

RESIDENTIAL (AFFORDABLE HOUSING BONUS) 175.0 7 S F. X 25 = 43.772 S.F. RESIDENTIAL (PUD) 175,017 S:F. X :20 = 35,017 S.F. TOTAL BONUSES 78,789 S.F. TOTAL AREA WlTH BONUSES 253,876 S.F. 253.230 S.F.

TOTAL RES. AREA WITH BONUSES 301.335 S.F. j00.333 S.F.

BUILDING SETBACKS REQUIRED PROVIDED

FRONT (NORTH - NE 30th STREET) lV-0' (COMMERCIAL USE) l(r-0' (COMMERCIAL USE) 20-0' (RESIDENDTIAL USE) . 20'-0' (RESIDENTIAL USE) FRONT (SOUTH - NE 29th STREET) NIA N/A

SIDE (EAST - NE 4th AVENUE) 0'e (COMMERCIAL USE) r.1 1' (COMMERCIAL USE) s-0' (RESIDENDTIAL USE) 2s-r (RESIDENTIAL USE) SIDE (WEST - BISCAYNE BOULEVARD) 0'4' (COMMERCIAL USE) 62-1. (COMMERCIAL USE) S-0- (RESIDENDTIAL USE) 77'-9' (RESIDENTIAL USE)

MAXIMUM DENSITY 160 X NET ACRE (1.38 ACRES) ALLOWED PROVIDED 207 UNITS 208 UNITS

BUILDING HEIGHT ALLOWED PROVIDED TOWER TOP OF THE ROOF AT ARCHITECTURAL PROJECTION UNLIMITED WI FAA RESTRICTIONS 48W EXHIBIT "B"

LEGAL DESCRIPTION LOTS 1.6,7.10,11. AND 12. TOGETHER WITH EAST 89 FEETOFLOTS SAND 8 AND THE EAST 19 FEET OF LOT 9. ALSO DESCRIBED AS MAT PART OF LOTS 5.8.9. LYING EAST OF BISCAYNE BOULEVARD. ALL BEING IN BLOCK 10. OF BROADMOOR. ACCORDING TO THE PLAT THEROF AS RECORDED IN PLAT BOOK 2 AT PAGE 37 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. FLORIDA. AND ALLEYS IN SAID BLOCK 10. LYING EAST OF BISCAYNE BOULEVARD EXCEPT MENORTH 1R OF THE ALLEY ABUrnNG LOTS 2.3, AND 4. OF THE PUBLIC RECORDS OF MIAMI-DADE COUNM. FLORIDA. AND ALSO INCLUDING: ALL 0 ROTS 2 AND 3 AND THAT PART OF LOT4. LYING EASTOF BISCYANE BOULEVARD IN BLOCK 10. TOGETHER WlTH THE NORTH HALF OF THAT CERTAIN10 FOOT WIDE ALLEY. LYING SOUTH OF AND ADJACENT TO SAID LOTS 2.3 AND 4 IN BLOCK to OF BROADMOORE. ACCORDING TO THE PLAT THEREFORE. RECORDED IN PLAT BLOCK 2. AT PAGE 370F THE PUBLIC RECOROS OF MIAMI-DADE COUNTY. FLORIDA.

SITE PLAN INFORMATION ZONING DESIGNATION: Cl- SD-20 OVERLAY FLOOO ZONE X

TYPE OF OCCUPANCY: COMMERCIAL IRESIDENTIAL . . NET LOT AREA 1.38 ACRES (60,107 s.F.) GROSS LOT AREA 103,909 S.F. EXSTING SQ.FT. 40.580 S.F. (TECHNOMARINE BWWING) FLOOR AREA RATIO COMMERCIAL .28 RESIDENTIAL 1.72

FLOOR AREA . ALLOWED COMMERCIAL ,315 X GROSS LOT AREA .315 X 103.909 S.F. 32.731 S.F. RESIDENTIAL 1.685 X GROSS LOT AREA 1.685 X 103.909 S.F. 175.087 S.F. TOTAL 207,818 S.F.

PROPOSED FLOOR AREA WITH BONUSES ALLOWED EXISTING TOTAL PROVIDED COMMERCIAL (AFFORDABLE HOUSING BONUS) 32.731 S.F. X .25 = 8.183 S.F. COMMERCIAL (PUD) 32731 S.F. X .20 = 6.546 S.F. b. TOTAL BONUSES 14.729 S.F. . TOTAL CWM. AREA WITH BONUSES 47.459S.F. 43,907S.F. 47.103 S.F.

RESIDENTIAL (AFFORDABLE HOUSING BONUS) 175. 7 S F X 25 = 43.772 S.F. RESIDENTIAL (PUD) 1757SX 20 - 35.077 SF TOTAL BONUSES 78.789 S.F. TOTAL AREA WlTH BONUSES 253,876 S.F. 253,230 S.F.

TOTAL RES. AREA WITH BONUSES 301.335 S.F. 300.333 S.F.

BUILDING SETBACKS REWIRED PROVIDED

FRONT (NORTH - NE 30th STREET) 10'g (COMMERCIAL USE) 1V-O. (COMMERCIAL USE) 20'4. (RESIDENDTIAL USE) 20'-Om(RESIDENTIAL USE) FRONT (SOUTH - NE 29th STREET) MIA NIA

SlDE (EAST - NE 4th AVENUE) 0'4. (COMMERCIAL USE) 7'-11' (COMMERCIAL USE) 5'4' (RESIDENDTIAL USE) 23'-2" (RESIDENTIAL USE)

SIDE (WEST - BlSCAYNE BOULEVARD) ' Q.0' (COMMERCIAL USE) 62-1- (COMMERCIAL USE) s-v (RESIDENDTIAL USE) ~7.9~(RESIDENTIAL USE)

MAXIMUM DENSITY 1!XI X NET ACRE (1.38 ACRES) ALLOWED PROVIDED 207 UNITS 208 WITS

BUILDING HEIGHT ALLOWED PROVIDED TOWER TOP OF THE ROOF AT ARCHIlEClllPAL PROJECTION UNLIMITED Wl FAA RESTRICTIONS 489'4. EXHIBIT "B"

UNlT COUNT AND SQUARE FOOTAGES

UNIT lYPE #BEDROOMS # OF UNITS UNIT AREA

A 2 30 x 1,139 S.F. = 34,170 S.F. A-RN 2 30 x 1,139 S.F. = 34.170S.F. B 2 30 x 1,146 S.F. 34.380 S.F. 30 x 1,146 S.F. = 34.380 S.F. Fw 21 3 X 759 S.F. = 2.277 S.F. GREV I 3 X 759 S.F. 2.277 S.F. D I 3 X 865 S.F. = 2,595 S.F. D-REV I 3 X 865 S.F. = 2,595 S F. E 2 13 X 1.177 S.F. = 15.301 S.F. E-RN 2 13 X 1.177S.F. = 15.301S.F. F 2 13 X 1.387 S.F. = 18,031 S.F. F-REV 2 13 x 1.387 S.F. a 18.031 S.F. G 1 3 X 996 S.F. = 8,964 S.F. H 2 3 X 1.053 S.F. = 9,477 S.F. LMWORK -A STUDIO 4 X 489 S.F. 1.956 S.F. LIVE WORK - B STUDIO 4 X 708 S.F. = 2.832 S.F. . LMWORK - C STUDIO 4 X 864 S.F. = 3.456 S.F. LIEWORK - D STUDIO 4 X 489 S.F. = 1,956 S.F. TOTAL 206 UNITS 242.149 S.F. PARKING DATA PARKlNO REQUIRED: SPACES REQUIRED d OF RESID. S.F. OF TOTAL I OF PER WIT UNITS COMMERCIAL SPACES REQUIRED

REslDENnAL (PER Sm.1) l(PER SECTION 620.2.5) 208 206 RETAIL PROPOSED (11550 SQ.FT.) 3.202 S.F. . 6 RETAIL E

TOTAL 342 4 PARKlffi PROVIDED: - STANDARD ACCESSIBLE PROVIDED wsnffi SURFACE PARKING LOT 31 1 .: 35 LEVEL 1 PARKING 14 3 17 LEML 2 PARKlNG 28 27 LEVEL 3 PARKING 34 35 LEVEL 4 PARKING 34 35 LEVEL 5 PARKING ' 26 27 LEML 6 PARKING 34 35 LEML 7 PARKING 34 35 LEML 8 PARKING 26 27 LEVEL 9 PARKING 34 35 LEVEL 10 PARKING 34 35 LEVEL 11 PARKING 26 27 LEVEL 12 PARKING 34 35 TOTAL

LOADING SPACES REQUIRED PROVIDED LOADING SPACES REQUIRED : 4 (12'X 35') 2 (lZ'X35'). 2 (IO'X 207 'LOADING BAY SIZE REDUCTION REQUEST BY CLASS II SPECIAL OPEN SPACE PERMIT 10% OF GROSS LOT AREA REQUIRED PROVIDED 103.909 X 10% = 10.390 S.F. ro.398 S.F.

BUILDING FOOTPRINT 60% OF GROSS LOT AREA iPERSD20.1) ALLOWED -EXISTING -PROPOSED TOTAL PROVIDED 82345 S.F. 15.326 S.F. 18,913 S.F. 24.239 S.F. PLANNING FACT SHEET

LEGISTAR FILE ID: 06-01845mu November 15,2006 Item # 2

APPLICANT Scott Silver,Esquire, on behalf of Grouper UTD, LLC.

REQUESTILOCATION Consideration of a Major Use Special Permit for the 2222 Biscayne project, located at approximately 2200 Biscayne Boulevard. [WynwoodIEdgewater NET District]

COMMISSION DISTRICT

ZONING DISTRICT(S) Existing: C-1 (Restricted Commercial) SD-20 (Edgewater Overlay District)

SITE AREA 1.95k acres (Gross) and 1.42k acres (Net)

LEGAL DESCRIPTION See supporting documentation

PETITION Consideration of a Resolution, approving with conditions, a Major Use Special Permit pursuant to Articles 5, 13 and 17 of Zoning Ordinance No. 11000, as amended, for the 2222 Biscayne project, to be located at approximately 2200 Biscayne Boulevard, Miami, Florida, to construct an approximate 438-foot, 29-story high mixed use structure to be comprised of approximately 371,863 square feet of office space; approximately 6,537 square feet of retail and bank space; approximately 6,728 square feet of restaurant space; and approximately 1,784 total parking spaces; providing for certain floor area ratio ("FAR") bonuses.

PLANNING RECOMMENDATION APPROVAL with conditions

BACKGROUND AND ANALYSIS See supporting documentation

PLANNING ADVISORY BOARD VOTE:

CITY COMMISSION

CITY OF MIAMI PLANNING DEPARTMENT 444 SW 2NDAVENUE, 3RDFLOOR MIAMI, FLORIDA, 331 30 PHONE (305) 416-1500 i ..; Date Printed: 11/7/2006 Page 1 ANALYSIS MAJOR USE SPECIAL PERMIT for 2222 BISCAYNE located at approximately 2200 Biscayne Boulevard

LEGISTAR FILE ID: 06-01845mu

Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the 2222 Biscayne project, located at approximately 2200 Biscayne Boulevard, Miami, Florida, has been reviewed to allow a Major Use Special Permit per Articles 5, 13 and 17, to construct an approximate 438-foot, 29-story high mixed use structure to be comprised of approximately 371,863 square feet of office space; approximately 6,537 square feet of retail and bank space; approximately 6,728 square feet of restaurant space; and approximately 1,784 total parking spaces; providing for certain floor area ratio ("FAR") bonuses.

This Permit also includes the following requests:

MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (9) and ARTICLE 5, Sect. 502. PUD districts; minimum area, maximum densities and maximum floor area ratios permitted (a)(c), to allow up to 20 % increase of floor area ratio, for an increase of approximately 44,731 square feet of floor area;

MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (2) , to allow Nonresidential uses involving in excess of two hundred thousand (200,000) square feet of floor area;

MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (7), to allow in a any single use or combination of uses requiring or proposing to provide in excess of five hundred (500) off-street parking spaces;

The Major Use Special Permit encompasses the following Special Permits and the additional requests:

CLASS II SPECIAL PERMIT, as per Article 6, Section 620.3.1, to allow the construction of any new building in SD-20 districts;

CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary structures, occupancies, and uses during construction, criteria for special permits, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be approved by other city departments;

CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub-section 906.9. Temporary special events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on privately owned or City-owned land such as a ground breaking ceremony;

06-01845mu Page 1 of 7 CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub-section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as ground breaking ceremonies;

CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub-section 918.2. Temporary off-street offsite parking for construction crews, criteria, to allow temporary off-street offsite parking for construction crews working on a commercial project under construction;

CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub-section 920.1.2. Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes, when authorized for security or other purposes in connection with land development such as construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers;

CLASS I SPECIAL PERMIT, as per, ARTICLE 6, Section 620.8, ARTICLE 10, Section 10.5, Sub-section 10.5.4.3, C-I and SD-20 Restricted Commercial, Temporary Signs (3), to allow temporary development signs;

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 andlor day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria;

REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required at the time of issuance of Shell Permit instead of at issuance of Foundation Permit: a) The requirement to record in the Public Records a Declaration of Covenants and/or Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner andlor a mandatory property owner association; b) And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title.

Pursuant to Articles 5, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans.

In determining the appropriateness of the proposed project, the Planning Department has referred this project to the Large Scale Development Committee (LSDC) and the Planning Internal Design Review Committee for additional input and recommendations; the following findings have been made:

It is found that the proposed development project will benefit the area by creating additional commercial opportunities in the WynwoodlEdgewater NET District, located at the northeast corner of NE 2nd Avenue and NE 22nd Street.

06-01845mu Page 2 of 7 It is found that the subject property is located in the "Terranova Biscayne" plats within the City.

It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the existing zoning designation for the subject property is C-l(Restricted Commercial) and SD-20 (Edgewater Overlay District) zoning districts.

It is found that pursuant to the Comprehensive Neighborhood Plan of the City of Miami, Florida, the existing Future Land Use category for the subject property is "Restricted Commercial".

It is found that the proposed project is not located along a Primary Pedestrian Pathway.

It is found that the proposed project is not located within an Archeological Conservation area.

It is found that the proposed project is located in FEMA Flood Zone "XI "AE 1I", "AE 10and "AE 9".

It is found that the total allowable combined floor area without bonuses for the 1.95* gross acre site at a Floor Area Ratio (FAR) of 2.0 is 447,306 square feet. The project as proposed is requesting a bonus of 20% PUD (44,731 sq. ft.) for a total proposed FAR of 492,037 square feet.

It is found that the maximum height of the proposed structure is approximately 438 feet. Pursuant to Article 4, Section 401, there are no height limits in the existing C-I and SD-20 zoning districts.

It is found that the proposed open space for the project (27,779 sq. ft.) is above the minimum required open space (22,779 sq. ft. at 10% GLA) for this project.

It is found that the proposed total number of parking spaces (approximately 1,784) for the project is above the required minimum number of 1,749 parking spaces.

It is found that the project is expected to cost approximately $1 10,900,000, and to employ approximately 754 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 3,352 permanent new jobs (FTE) for building operations and will generate approximately $4,250,000 annually in tax revenues to the City (2006 dollars).

It is found that the proposed project was reviewed by the Internal Design Review Committee on May 30, 2006, and the following comments were made: ContextlUrban Design - (1) The proposed 29-story building is more than twice the height of any of the surrounding buildings and is inappropriate., Reconfigure the building so that it is more in keeping with the scale of the area and creates a better transition to the adjacent properties; (2) The project shall comply with the FDOT improvements on Biscayne Boulevard. Contact the FDOT District VI office for more details; (3) Coordinate with the Street Car Trolley Plan and provide additional details of the proposed "waiting area"; (4) Provide a site line diagram indicating how much of the exposed parking garage will be visible from all streets, particularly Biscayne

06-01845mu Page 3 of 7 CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub-section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as ground breaking ceremonies;

CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub-section 920.1.2. Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes, when authorized for security or other purposes in connection with land development such as construction trailer(s) and other temporary construction ofices such as watchman's quarters, leasing and sales centers;

REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required at the time of issuance of Shell Permit instead of at issuance of Foundation Permit: a) The requirement to record in the Public Records a Declaration of Covenants andlor Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner andlor a mandatory property owner association; b) And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title.

Pursuant to Articles 5, 13 and 17 of Zoning Ordinance 1 1000, 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.

It is found that the proposed development project will benefit the area by creating additional commercial opportunities in the WynwoodIEdgewater NET District, located at the northeast corner of NE 2nd Avenue and NE 22nd Street.

06-01845mu Page 2 of 7 of the exposed parking garage will be visible from all streets, particularly Biscayne Boulevard and NE 2nd Avenue; (5) Provide more details on the art walls and include a clear indication of what type of materials are being proposed for all four elevations of the building, including windows, balconies, and garage screening materials; (6) Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas; (7) The project shows four curb cuts. This condition creates vehiclelpedestrian conflicts and interrupts the desired continuity for a retail street. The number of curb cuts shall be reduced; Loading - Internalize the loading spaces so that they are accessed from within the garage and loading vehicles do not have to maneuver in the public right of way; Landscaping - (1) Provide a landscape plan that specifies the species and proposed locations of all plant materials; (2) Provide a complete tree survey of existing conditions including species, diameter and spread including all trees in the right-of-way. Please refer to the City of Miami tree protection ordinance passed in January 2005 and indicate how tree mitigation will be achieved; Materials - Please identify the materials used in the garage elevations for Planning Director's approval.

It is found that Miami-Dade Public Schools provided a review of the proposed project on July 18, 2006. Pursuant to the State mandated Interlocal Agreement for Miami Dade County Public Schools. The project is not applicable since it does not contain residential dwelling units.

It is found that on July 24, 2006, the City of Miami Public Works Department provided a review of the project and commented that the following street improvements shall be required: (1) NE 2znd Street - Replace damaged sidewalk, curb and gutter along both sides of the street adjacent to the project site. Pavement restoration shall be determined by City Engineer; (2) - NE 23rd Street - Replace all damaged sidewalk, curb and gutter along both sides of the street adjacent to the project site; (3) - NE 2"d Avenue -Replace all damaged sidewalk, curb and gutter along both sides of the avenue adjacent to the project site; (4) - Biscayne Boulevard - Coordinate with the Florida Department of Transportation for replacement of all broken and damaged sidewalk and curb and gutter adjacent to the project site.

It is found that on August 29, 2006, the Miami-Dade Aviation Department provided a Height Analysis review of the proposed project and found that it conforms to the Miami-Dade County Height Zoning Ordinances at that location. Any proposed construction exceeding 550 feet (AMSL) requires the applicant to file with the Federal Aviation Administration (FAA) Form 7460-1, "Notice of Proposed Construction Alteration for Determination of Known Hazards". In addition, construction cranes for this project exceeding 200 feet (AMSL) in height must be filed using the same form.

It is found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board on September 20, 2006, which recommended Approval (UDRB Reso. 9-20-06-2) with conditions.

It is found that on October 3, 2006, the City's Traffic Consultant, URS Corp., provided a review (W.O. #163) of the Traffic Impact Analysis submitted by the applicant and has found the traffic analysis sufficient contingent upon acceptable site circulation plan.

06-01845mu Page 4 of 7 It is found that with respect to all additional criteria as specified in Section 1305.2 of Zoning Ordinance 11000, the proposal has been found to adhere to the following Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and Open Space; (5) Vehicular Access and Parking; (6) Screening; (7) Signage and lighting; (8) Preservation of Natural Features; and (9) Modification of Nonconformities.

Based on these findings, the Planning Department is 'recommending approval of the requested Development Project with the 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 a building permit.

06-01845mu Page 5 of 7 8) Provide the Planning Department with a temporary construction plan that includes the following: a temporary construction parking plan, with an enforcement policy; a construction noise management plan with an enforcement policy; and a maintenance plan for the temporary construction site; said plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this Major Use Special Permit.

10) If the project is to be developed in phases, the Applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director.

11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions: (a) Reconfigure the building so that it is more in keeping with the scale of the area and creates a better transition to the adjacent properties; (b) The project shall comply with FDOT improvements on Biscayne Boulevard; (c) Coordinate with the Street Car Trolley Plan and provide additional details of the proposed "waiting area"; (d) The number of curb cuts shall be reduced along NE 22" Street; (e) Internalize the loading spaces so that they are accessed from within the garage and loading vehicles do not have to maneuver in the public right of way; (f) Provide a landscape plan that specifies the species and proposed locations of all plant materials for review and approval of the Planning Director prior to the issuance of a building permit; (g) Provide a complete tree survey of existing conditions including species, diameter and spread including all trees in the right-of-way; (h) Identify the exact dimensions and location for proposed art walls along the garage elevation and submit for review by the Planning Director.

12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: (a) - NE 22" Street - Replace damaged sidewalk, curb and gutter along both sides of the street adjacent to the project site. Pavement restoration shall be determined by the City Engineer; (b) - NE 23rdStreet - Replace damaged sidewalk, curb and gutter on both sides of the street adjacent to the project site; (c) - NE 2ndAvenue - Replace damaged sidewalk, curb and gutter on both sides of the avenue adjacent to the project site. Pavement restoration shall be determined by the City Engineer. Coordinate with CIT office for trolley waiting bay area and Miami Dade County for any traffic improvements along the avenue; (d) - Biscayne Boulevard - Coordinate with the Florida Department of Transportation for replacement of all broken and damaged sidewalk and curb and gutter adjacent to the project site. Contact the City's Planning Department and CIT Office for any decorative sidewalk implementation requirements.

06-01845mu Page 6 of 7 13) Prior to the issuance of a building permit, the applicant shall submit a letter of approval of the proposed height from the Miami-Dade County Aviation Department.

14) The applicant shall record a covenant, subject to review and approval by the city attorney, within sixty (60) days of the effective date of this resolution, which states that in the event that this Major Use Special Permit expires or is abandoned, any future development of the subject properties shall require design review and approval by the Planning Director, utilizing the same criteria as the original Major Use Special Permit.

15) Within 90 days of the effective date of this Development Order, record a certified copy of the Development Order specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally.

06-01845mu Page 7 of 7 Projects in the Vicinity 2222 Biscayne 06-01845mu

-Fun-

No. Name Floors Units Status 1. Pinnacle View 14 186 Approved 12 Bisc 3. 21Ll Biscayne 16 rrelim~nary 4. Uptown Lofts 63 Approved 5. Budget Mini-Storage 2 Approved

#-Indicates Mixed-Use Project with Retail and/or Office uses

06-01845mu - Projects in the Vicinity PLANNING DEPARTMENT

2222 BISCAYNE BOULEVARD 2222 BISCAYNE BOULEVARD NET DISTRICT:WYNWOOD 05-30-06

City of Miami Vision Statement: 'To Be an International Cip which Embodies Diuerdyl Economic Opportunig, Efecdve C~stomerService and a High4 RatedQuaLity 4k;fe"

COMMENTS: The following comments represent the unified vision of the Pre-Application Design Review Committee, which consists of all staff members in the Urban Design and Land Development Divisions. . 1 Submittal: The application package is missing critical items, marked in bold below. The applicant may not proceed to the UDRB until these items are addressed and submitted to the Pre-Application Design Review Committee. All other comments may be addressed in future submittals to the Design Review Committee, or as conditions of the Major Use Special Pennit

Site Information The Zoning Data sheet does not provide the required general information for the project. Please specify all "required" and "provided" statistics for this project. Provide a survey of the site.

Context The proposed 29-story building is more than twice the height of any of the surrounding buildings and is inappropriate. Reconfigure the building so that it is more in keeping with the scale of the area and creates a better transition to the adjacent properties. Provide a clear description of all existing and proposed buildings on the project site, including elevation photographs. The project shall comply with the FDOT improvements on Biscayne Boulevard. Contact the FDOT District VI office for more details. Please coordinate with the Street Car Trolley Plan and provide additional detds of the proposed "waiting area." Provide a site line diagram indicating how much of the exposed parking garage will be visible from all streets, particularly Biscayne Boulevard and NE 2ndAvenue. It is our intention with these comments to aid in expediting Special Permit applications with your 1 voluntaiy efforts in making the necessary changes; thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Committee or the Urban Development Review Board. Atchitecture Provide more details on the art walls shown on the four facades. Please include a clear indication of what type of materials are being proposed for all four elevations of the building, including windows, balconies, and garage screening materials. This information can be submitted as a labeled color rendering. Material samples and precedent photographs are encouraged. The height of the structure (to the highest point including any architectural treatments) shall be indicated in both NGVD and in above grade formats.

Pedestrian Realm Please provide more details and include the dimensions of all curb cuts, pedestrian entrances, open space, sidewalks and vehicular lanes. Provide elevation drawing details, showing all of the building's elevations at the street level, at a scale no less than 1/8"=lY, in order for the committee to review the building's impact on the pedestrian realm. Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas. Achieve this by providing a sidewalk with a consistent pattern and height that continues across vehicular areas. Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works. As part of your details and materials sheet in the final submittal, please include a detail of this Gehicular ramping. 0 The project shows four curb cuts. This condition creates vehicle/pedestrian connicts and interrupts the desired continuity for a retail street. The number of curb cuts shall be reduced.

Vehicular access and Parking The proposed 16-story untreated garage portion of the building is taller than any building in the vicinity and will have a negative visual impact on the area. Accordingly, the applicant shall reduce the size of this garage, (consider underground parking or reducing the number of parking spaces), and look at more sensitive methods of treating the exposed facades of the garage. Although the garage fa~adetreatment is shown as a series of "art walls", the proportion seems excessively big related to the whole building and its envitonment. Consider a garage treatment that continues the pattern of the windows of the building. This may be used in conjunction with smaller scale art treatment panels. Refer to Figute 1 for an example of appropriate garage treatment. The proposed 1,I 60 parking spaces exceeds the number required by Code. Consider reducing the number of parking spaces to the minimum required. Internalize the loading spaces so that they are accessed from within the garage and loading vehicles do not have to maneuver in the public right of way.

Landscape Given this project's scale, it is important to engage a landscape architect early in the design planning process in order to gain their contribution in developing the project's landscape and hardscape design. Submit a landscape plan that specifies the species and proposed locations of all plant materials. It is our intention with these comments to aid in expediting Special Permit applications with your 2 voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Committee or the Urban Development Review Board. Provide a complete tree survey of existing conditions including species, diameter and spread including all trees in the right-of-way. Please refer to the City of Miami tree protection ordinance passed in January 2005 and indicate how tree mitigation will be achieved. Please note that the City calculates tree replacement by the "sum of inches" of tree trunk at breast height, while the county uses square footage of tree canopy.

Figure 1: Parking garage treatment that acknowledges the scale and detail of usable windows.

It is our intention with these comments to aid in expediting Special Permit applications with your 3 voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Committee or the Urban Development Review Board. RECEIYEL) October 3, 2006 PLAIJHi~GOEPARTMEWPia Fax and US Mail ZoD6OCT -6 A# 9: 44 Ms. Lilia I. Medina, AlCP Assistant Transportation Coordinator City of Miami, Office of the City Managerrrransportation 444 SW zndAvenue (lothFloor) Miami, Florida 33130

Re: 2222 Biscayne Sufficiency Letter - W. 0. # 763

Dear Ms. Medina:

Subsequent to our July 20, 2006 review comments for the subject project; we have received a revised traffic report along with a response letter and the site plan showing the preliminary turning radius of the delivery trucks from Transport Analysis Professionals, Inc. (TAP) on September 28, 2006. Photocopies of the response letter and the revised site plans are attached herewith. . The response letter states that the applicant will afford a design oppot?unity in order to have a convenient and direct pedestrian walk-way linkage between the proposed project site and Miami Streetcar Station along NE zndAvenue.

The traffic report identifies several modificationslrecommendations to local intersections to mitigate potential traffic intrusion and traffic safety concerns. The modificationslrecommendations are as follows;

(a > Modify the signal timinglphasing combination at Biscayne BoulevardINE 22ndStreet intersection;

(b) ~dda traffic light at NE zndAvenueINE 2zndStreet intersection;

(c> Reconfigure the lane geometry at NE znd AvenueINE 2znd Street intersection to provide a two-lane approach for westbound traffic;

(d) Remove on-street parking along north block face of NE 2zndStreet to provide an eastbound center left turn lane for the traffic entering project's garage;

(e> The drive-in bank facility has been revised to a walk-in facility.

Contd. .. . l/2 URS Corporation Lakeshore Complex 5100 NW 33rd Avenue. Suite 150 Fort Lauderdale, FL 33309-6375 Tel: 954.739.1881 Fax: 954.739.1789 The applicant needs to coordinate with the appropriate statellocal agencies to secure approval to implement all the proposed modifications/recommendations stated above. Additionally the applicant must submit a revised site circulation plan to the City staff for review showing the turning radiuses (both ingress and egress) of all the loading berths (Bay # 1, 2, 3 and 4). Please note that the delivery trucks must complete their on-site turning maneuverability using not more than three (3) iterations. These three iterations include the final movement of the truck pulling in the bay. The applicant must collect the approval document for the revised site circulation plan prior to tendering the project to Planning Advisory Board (PAB).

At this time, we conclude that the traffic impact report along with the subsequent submittal meets all the traffic requirements and the study is found to be sufficient contingent upon an acceptable site circulation plan.

Should you have any questions please fell free to call Quazi Masood or me at 954.739.1881.

Sincerely,

r senior ~rafficEngineer

Attachment

Cc: Mr. Kevin Walford, Planner 11, City of Miami (Fax - 305.416.1443) Mr. Manny A. Vega, Engineer I, City of Miami Zoning (Fax - 305.416.2153) Mr. David C. Rhinard, P.E. TAP (Fax: 305.385.9997) CITY OF MIAMI, FLORIDA INTER-OFFICE MEMORANDUM

TO : DATE : Ana Gelabert-Sanchez July 24,2006

Director SUBJECT : Large Scale Development Review - 2222 Biscayne FROM : ~jt~he(l,~m~~~~~. Director srsslans* Public Works Department mig ~~~~~suREs:

The Public Works Department has reviewed the Large Scale Development plans for the development entitled 2222 Biscayne and has the following comments.

1. Replatting is required if Tract "A of "Terranova Biscayne" subdivision (150-14) is intended to be divided from the easterly parcel. Replatting is also required if the applicant desires to eliminate the platted utilitv eaFment. The proposed building is not permitted to encroach into the platted utility easement at any level, above or below grade. 2. All stormwater must be retained on site including the driveways, interior courtyards and plazas on private property adjacent to the public streets. All common areas, plazas and driveways must be graded or trench drains provided to prevent "sheet flow" from entering the right of way. If deep drainage wells are selected for stormwater disposal, they must be located on-site in an open area to accommodate future maintenance access. 3. An agreement between the City of Miami and the property owner is required for any landscaping and decorative sidewalk treatment located in the public right of way. Public Works approval and permit is required for any landscaping improvements in the right of way. The addition of a parking lane on N.E. 23rd Street reduces the width of the parkway area and eliminates any trees or other plantings within the right of way adjacent to the building site. The sidewalk on N.E.22 Street is insufficient in width to accommodate trees or other plantings within the right of way due to compliance with A.D.A. regulations. All required greenspace and landscaping must be accommodated on private property. Geenspace and landscaping within the public right of way cannot be included in the calculations for meeting greenspace zoning requirements. 4. Standard parking spaces are 8.5 feet wide and 18 feet long and require a 23 foot back-up distance. A Special Permit is required to reduce the back-up distance and for backing into the loading stall from the right of way. 5. The maximum driveway approach width is 40 feet. City of Miami driveway entrances, in compliance with A.D.A. standards, shall be required. Continuous sidewalk is required across driveway entrances. Ana Gelabert-Sanchez 7/ 24/ 2006 Director Planning Department Page 2

6. Public Works policy requires that no closures of vehicular travel lanes will be permitted during the course of construction unless a temporary replacement lane, approved by the Public Works Department, is constructed and maintained by the Contractor throughout the duration of the lane closure. A maintenance of traffic plan is required for any temporary right of way closure request. 7. Provide a turning path simulation for truck maneuvering in the loading area. If a truck enters the loading area in a forward direction, multiple maneuvers are required for a truck to exit the loading area without backing up into the right of way. 8. In order to mitigate traffic congestion and problems associated with unregulated parking throughout the neighborhood, the Contractor/Developer shall be required to provide approved, designated off-site parking for workers and a shuttle service to the work site. The parking/shuttle plan shall be coordinated with the local City of Miami NET Service Center. D 9. Since this project is more than one acre in total construction area, the methods of construction must comply with the City of Miami Municipal Separate Storm Sewer Permit (MS4). This project will require a Florida Department of Environmental Protection (DEP) Stormwater, Erosion and Sediment permit. For information on a DEP permit application, please contact our department at (305) 416- 1200 or www.dep.state.fl.us/water/stormwater/npdes.

In addition to these comments, the Public Works Department will require the following street improvements: N.E. 22st Street: Replace damaged sidewalk, curb and gutter along both sides of the street adjacent to the project site. Pavement restoration shall be determined by the City Engineer. N.E. 23rd Street: Replace damaged sidewalk, curb and gutter on both sides of the street adjacent to the project site. Pavement restoration shall be determined by the City Engineer. Coordinate with Off Street Parking Department for the proposed parking metered spaces and coordinate with the office of Capital Improvement and Transportation (CIT) for the trolley waiting bay area requirements.

N.E. 2nd Avenue: Replace damaged sidewalk, curb and gutter along both sides of the avenue adjacent to the project site. Pavement restoration shall be determined by the City Engineer. Coordinate with the CIT office for trolley waiting bay area and Miami Dade County for any traffic improvements along the avenue. Biscavne Boulevard: Coordinate with the Florida Department of Transportation for replacement of all broken and damaged sidewalk and curb and gutter adjacent to the Ana Gelabert-Sanchez Director Planning Department Page 3

project site. Please contact the City's Planning Department and the CIT Office for any decorative sidewalk implementation requirements. In addition, pavement restoration for all water and sewer extensions, existing damaged pavement and pavement damaged during construction, as determined by the City inspector, shall include milling and resurfacing of the full pavement width, curb to curb, along the entire length of the excavation and/or damaged pavement area. A thorough cleaning of all stormwater drainage inlets and storm sewer pipes adjacent to the building site shall be required at the completion of the project. The streets and avenues adjacent to the project site must be clear of dust and construction debris at alltimes. Handicap ramps, in compliance with ADA standards, are required at the comers adjacent to the project site. If you have any questions concerning these comments, please call Leonard J. Helmers, Professional Engineer IV, at extension 1221.

c: GAIL *BYRON *BAL~WINARCHITECT, INC. 3250 Mary Street Suite 406 Coconut Grove, Florida 33133

Stephanie Grindell, P.E., Director of Public Works Lourdes Slazyk, Assistant Director, Planning Department Manuel A. Vega, P.E., Zoning Department bc: Development and Roadway Plans Central CITY o P MIAMI

PLANNING DEPARTMENT

URBAN DBVBLOPMBNT REVIEW BOARD(UDRB)

RESOLUTION FOB RECOMMENDAT1ON UDRB MEETING 9/20/2006

Item No. 2:

A motion was made by Roger Fry and seconded by Emesto SBntos for a resolution recommending to the director of the Department of Planning tipmtzldtk crmdn'om for a Major Use Special Permit for the project 2222 Biscayne Boddlocated at 2222 Biecayne Baulcv;ud with a vote of 3 to 0.

Conditions: Work with stafY to better integrate the garage portion with the tower. Consider a garage treatment that continues the pattern of the building fkades in conjunction with smaller sdeart treattnent paneb. Provide more shade trees on the sidewalks.

Sugptione: (Based on the 1D.R comments) 'Ihe proposed 29-my building is more than twice the hesght of any of the surrounding buildings and is inappropriate. Consider reconfiguring the building so that it is more in keeping with the scale of the area and creates a better transition to the adjacent properties, The project shows four curb cuts. This condition creates vehicle/pedestrian conflicts and interrupts the desited continuity for a raail street The number of curb cuts should be reduced. Thepropogadl~untreatsd~portionofthe~btaaerhaplrbllikfitrgm the vicinity and win have a neptive visual impact on the ant% Accodn&, the apphornt shoJdreducethe&ofthb~(considcrm~parlringotrerh#ingthemrmber of parking spaces), and look at more wmitk hodsof treating tbe enpoged kades of the garage. - The paoposed 1160 parking spaces. atceed the nrnnber required by Code. Consider reduangtbemwbgofparkingspacesmthelninhnrmrequired. Miami-Dade Aviation Department P.O. Box 592075 Miami, Florida 331 59 T 305-876-7000 F 305-876-0948 www.miami-airport.com 2006 SEP - 5 PH 2: 35 Commercial Airport: Miami InternationalAirport

General Aviation Airports: August 29,2006 Dade-Collier Training &Transition Homestead General Kendall-Tamiami Executive Opa-locka Opa-locka West Ms. Jane L. Decker, Assoc. AIA Intern Architect / Project Manager Gail B. Baldwin, Architect, Inc. 3250 Mary Street #406 Miami, FL 33 133

RE: Height Analysis for the 2222 Biscayne Boulevard Project, in Miami, FL Second Submission - Change in Height . Dear Ms. Decker: 0

The Miami-Dade Aviation Department WAD) has reviewed your Large Scale Development Second Submittal dated August 22, 2006 for a maximum permissible height analysis for the above referenced property. Our review finds that an assumed 438 ft AMSL (Above Mean Sea Level) structure at this location conforms to the Miami-Dade County Height Zoning Ordinance.

The most restrictive allowable building height is 550 ft Above Mean Sea Level (AMSL) and it is approximately located on the western side of the property. The eastern side of the referenced property has an approximate maximum allowable building height 553 '/2 ft Above Mean Sea Level (AMSL).

Please refer to the attached Exhibit 1 for maximum allowable building heights on said property. Once you have a building location and height, please re-submit to us for a more detailed evaluation with GPS coordinates in NAD 83, indicating latitude and longitude in degrees, minutes and seconds (with at least two decimal places accuracy in the "seconds" number).

Furthermore, our preliminary analysis indicates that this structure may impact the following Terminal Instrument Procedures (TERPS) surfaces:

Runway 26L LNAV Final Approach: exceeds by 188 ft Runway 26L LOC Final Approach: exceeds by 268 ft Runway 26R LOC Final Approach: exceeds by 208 ft Runway 26R LNAV Final Approach: exceeds by 208 ft

The FAA will need to determine the effect of those impacts (if any) upon the developer's submittal of form 7460-1 to the FAA. Ms. Jane L. Decker, Assoc. AIA August 29,2006 Page 2

This height determination is an estimate issued on a preliminary or advisory basis. Before proceeding with design, any proposed construction at this location exceeding 200 ft AMSL (Above Mean Sea Level), will be required to file with the FAA by using form 7460-1 'Notice of Proposed Construction Alteration for Determination of Known Hazards'. In addition, any construction cranes for this project exceeding 200 A AMSL (Above Mean Sea Level) must be filed by the construction contractor using the same form. Thus, for any structure or crane at this location exceeding 200 ft AMSL (Above Mean Sea Level), FAA form 7460-1 must be filed. The form is available through this office or through the FAA website: https://oeaaa.faa.gov This form should be mailed to: Federal Aviation Administration, Air Traffic Airspace Branch - ASW-520, 2601 Meacham Blvd, Ft. Worth, TX 761 37-0520. Alternatively, the developer may "e-file" online at h.ttps;/loeaaaa~faaa.goov.

Based on the above, MDAD would not object to a proposed structure height that Cpnforms to the Miami-Dade County Height Zoning Ordinance as long as:

1) FAA determines that the construction of building at the above mentioned height will not diminish or affect the safety, efficiency or capacity of the Miami International Airport in any way; and

2) FAA issues a "Determination of No Hazard" for this project and location; and

3) An interested party does not file a "petition for review" to FAA's aeronautical study that has yet to be completed for this project and location.

Please note that the airspace review process is governed by two different regulations: the Miami-Dade County Height Zoning Ordinances and Federal Regulation Title 14 Part 77. The FAA has its own airspace evaluation requirements, and issues airspace determinations for structures and cranes based on the particular facts then presented before the FAA. The County's Department of Planning and Zoning (P&Z) or the applicable municipal building official determines whether the County's zoning requirements and height limitations are met, and FAA determines whether FAA building, marking and height requirements are met.

This determination is based, in part, on the description provided to us by you, which includes specific building locations and heights. Any changes in building locations/layouts or heights will void this determination. Any hture construction or alteration, including an increase to heights requires separate notice to the FAA and the Miami-Dade Aviation Department. Ms. Jane L. Decker, Assoc. MA August 29,2006 Page 3

Should you have any questions in obtaining and/or filling out FAA form 7460-1 or if I can be of any fkrther assistance, please feel free to contact me at

\ ~qefdf via ti on Planning Section

cc: S. Harman J. Bunting A. Herrera Diane O'Quinn Williams, Department of Planning and Zoning A1 Torres, Department of Planning and Zoning Damon Holness, Department of Planning and Zoning Ana Gelabert-Sanchez, City of Miami Roberto Lavernia, City of Miami Kevin Walford, City of Miami Orlando Toledo, City of Miami Earl Newalu, FAA File Airspace Superintendent of Schools Miami-Dade County School Board Rudolph F. Crew, Ed.D. Agustin J. Barrera, Chair Perla Tabares Hantman, Vice Chair Chief Facliities Ofncer Frank J. Bolan'os Rose Diamond Evelyn Langlieb Greer Dr. Robert B. lngram Planning Officer Dr. Martin Karp Ana Rijo-Conde, AlCP Ana Rivas Logan Dr. Marta Perez Dr. Soloqp~C. $fmson 0 B 3' - X-

July 18, 2006

Ms. Ana Gelabert-Sanchez, Director Plannin and Zoning Department City of i iami 444 SW Second Avenue, 3'' Floor Miami, Florida 33130

RE: 2200-2222 BISCAYNE BOULEVARD

Dear Ms. Gelabert-Sanchez:

Pursuant to the State mandated lnterlocal Agreement for Public School Facility Planning in Miami-Dade County (Interlocal Agreement) the District has reviewed the application and supporting documentation for the above referenced project. Our findings indicate that the requirements of the lnterlocal Agreement are not triggered since the development does not contain residential dwelling units. As such, a dialogue between the School District and the above referenced applicant is not applicable.

Thank you in advance for your cooperation in this matter. Should you have any questions, please contact me at (305) 995-7287.

cc: Ms. Ana Rijo-Conde, AlCP Mr. Fernando Albuerne Mr. Ivan M. Rodriguez, R.A. Mr. Kevin Walford, Planner City of Miami City Hall Legislation 3,35200 Pan Resolution American Drive Miami, FL 33133 www.miaminov.com

File Number: 06-01845mu Final Action Date:

A RESOLUTION OF THE MIAMI CITY COMMISSION, WlTH ATTACHMENTS, APPROVING WlTH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5,13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 2222 BISCAYNE PROJECT, TO BE LOCATED AT APPROXIMATELY 2200 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 438-FOOT, 29-STORY HIGH MIXED USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 371,863 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 6,537 SQUARE FEET OF RETAIL AND BANK SPACE; APPROXIMATELY 6,728 SQUARE FEET OF RESTAURANT SPACE; AND APPROXIMATELY 1,784 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, on October 6, 2006, Scott Silver,Esquire, on behalf of Grouper UTD, LLC (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for 2222 Biscayne (referred to as "PROJECT") pursuant to Articles 5, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 2200 Biscayne Boulevard, Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and

WHEREAS, the Large Scale Development Committee met on August 3, 2006 to consider the proposed project and offer its input; and

WHEREAS, the Urban Development Review Board met on September 20, 2006, to consider the proposed project and recommended APPROVAL WITH CONDITIONS; and

WHEREAS, the Miami Planning Advisory Board, at its meeting held on November 15, 2006 Item No. 2, following an advertised public hearing, adopted Resolution No. PAB *-* by a vote of --- to --(*-*), recommending ---- with conditions as presented in the Major Use Special Permit Development Order as attached and incorporated; and

City of Miami Page I of12 Printed On: 11/6/2006 File Number: 06-01845mu

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 within, is approved subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No. 11000, for the project to be developed by the Applicant, located at approximately 2200 Biscayne Boulevard, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated.

Section 3. The PROJECT is approved for the construction of an approximate 438-foot, 29-story high mixed use structure to be comprised of approximately 371,863 square feet of office space; approximately 6,537 square feet of retail and bank space; approximately 6,728 square feet of restaurant space; and approximately 1,784 total parking spaces; providing for certain floor area ratio ("FAR1')bonuses.

Section 4. The Major Use Special Permit Application for the Project also encompasses the lower ranking Special Permits as set forth in the Development Order.

Section 5. The findings of fact set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as amended. b. The PROJECT is in accord with the proposed C-I and SD-20 (Restricted Commercial and Edgewater Overlay District) zoning classifications of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the PROJECT that have been found by the City Commission (based upon facts and reports prepared or submitted by staff or others) to adhere to the following Design Review Criteria subject to the any applicable conditions in the Development Order herein:

DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE

I) Site and Urban Planning:

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properties; (3) Buildings on corner lots Yes. should be oriented to the corner and public street fronts.

11) Architecture and Landscape Architecture:

Ill) Pedestrian Oriented Development:

IV) Streetscape and Open Space:

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V) Vehicular Access and Parking:

VI) Screening:

VII) Signage and Lighting:

(1) Design signage appropriate Yes. for the scale and character of the project and immediate

-- Cily of Miami Page4 of 12 Printed On: 11/6/2006 File Number 06-01845mu

neighborhood; (2) Provide lighting as a design Yes. feature to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to Yes. minimize glare to adjacent properties; (4) Provide visible signage Yes. identifying building addresses at the entrance(s) as a functional and aesthetic consideration.

VIII) Preservation of Natural Features:

(I) Preserve existing vegetation Yes. and/or geological features whenever possible.

IX) Modification of Nonconformities:

O*Compliance is subject to conditions.

These findings have been made by the City Commission to approve this project with conditions.

d. The PROJECT is expected to cost approximately $110,900,000, and to employ approximately 754 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 3,352 permanent new jobs (FTE) for building operations and will generate approximately $4,250,000 annually in tax revenues to the City (2006 dollars). e. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; (2) the PROJECT will efficiently use public transportation facilities;

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(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 will be mitigated through compliance with the conditions of this Major Use Special Permit.

Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANT and any successors in interest.

Section 7. The application for Major Use Special Permit, which was submitted on October 6, 2006, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference.

Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT.

Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the PROJECT, incorporated within.

Section 10. 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)

City of Miami Page 6 of 12 Printed On: 11/6/2006 File Number 06-01845mu

DEVELOPMENT ORDER

Let it be known that pursuant to Articles 5, 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for 2222 Biscayne (hereinafter referred to as the "PROJECT") to be located at approximately 2200 Biscayne Boulevard, Miami, Florida (see legal description on "Exhibit A, attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record.

FINDINGS OF FACT

PROJECT DESCRIPTION:

The proposed PROJECT is a mixed use development to be located at approximately 2200 Biscayne Boulevard, Miami, Florida. The PROJECT is located on a gross lot area of approximately 1.95i acres and a net lot area of approximately 3.70k acres of land (more specifically described on "Exhibit A, incorporated herein by reference). The remainder of the PROJECT'S Data Sheet is attached and incorporated as "Exhibit B".

The proposed PROJECT will be an approximate 438-foot, 29-story high mixed use structure to be comprised of approximately 371,863 square feet of office space; approximately 6,537 square feet of retail and bank space; approximately 6,728 square feet of restaurant space; and approximately 1,784 total parking spaces; providing for certain floor area ratio ("FAR") bonuses.

The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits:

CLASS II SPECIAL PERMIT, as per Article 6, Section 620.3.1, to allow the construction of any new building in SD-20 districts;

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CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub-section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as ground breaking ceremonies;

CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub-section 920.1.2. Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes, when authorized for security or other purposes in connection with land development such as construction trailer@) and other temporary construction offices such as watchman's quarters, leasing and sales centers;

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;

And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title.

Pursuant to Articles 5, 13 AND 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans.

The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Gail Byron Baldwin Architect, signed and dated September 6, 2006; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Gail Byron Baldwin

Civ of Miami Page 8 of12 Printed On: 11/6/2006 File Numbec 06-01845mu

Architect, signed and dated September 6, 2006; said design and landscape plans may be permitted to be modified only to the extent necessary to comply with the conditions for approval imposed herein; all modifications shall be subject to the review and approval of the Planning Director prior to the issuance of any building permits.

The PROJECT conforms to the requirements of the proposed C-I and SD-20 Zoning districts (Restricted Commercial and Edgewater Overlay District) zoning classifications, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The proposed comprehensive plan future land use designation on the subject property allows the proposed uses.

CONDITIONS

THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING:

1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit.

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9) In so far as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and detailed requirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order or captioned in the plans approved by it.

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and Miami Dade County for any traffic improvements along the avenue; (d) - Biscayne Boulevard - Coordinate with the Florida Department of Transportation for replacement of all broken and damaged sidewalk and curb and gutter adjacent to the project site. Contact the City's Planning Department and CIT Office for any decorative sidewalk implementation requirements.

13) Prior to the issuance of a building permit, the applicant shall submit a letter of approval of the proposed height from the Miami-Dade County Aviation Department.

THE CITY SHALL:

CONCLUSIONS OF LAW

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.

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APPROVED AS TO FORM AND CORRECTNESS:

JORGE L. FERNANDEZ CITY ATTORNEY

..Footnote {I)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.

Civof Miami Page 12 of 12 Printed On: 11/6/2006 Exhibit CCA 99

1 .I i EXHII3IT 'A'

TRACT A OF TERRANOVA BISCAYNE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 150 AT PAGE 14 OF THE PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA.

4 GENERAL PROJECT DATA

PROJECT LWTION 7222 BLloyru. 222 NE 23 Sbnl CC 99 Miami. FL 33137 Exhibit B PROJECT DESCRlPlXHl NEW CONSTRUCTION OF A 29STORY MlXEWSE OFFICE CONOWMUM BUILDING WIRETIW. RESTAURANT AND BUSINESS USES

New ROW (SD?OJ: Pr~NewHCCvr

Eaiahg~rCsn

TQTU CARS REQUIRE0 PLANNING FACT SHEET

LEGISTAR FILE ID: 06-01846mu November 15,2006 Item # 3

APPLICANT Tony Recio, Esquire, on behalf of 1450 South Miami, LLC, Nickel Goeseke, Veronica Cervera Goeseke, Javier Cervera and Alicia Cervera.

REQUESTILOCATION Consideration of a Major Use Special Permit for the Columbus Centre project, located at approximately 21 SW 15 Road, 1450 and 1490-92 South Miami Avenue. [Downtown NET District]

COMMISSION DISTRICT

ZONING DISTRICT(S) Existing: SD-7 (Central Brickell Rapid Transit Commercial- Residential District)

SITE AREA 1.94+ acres (Gross) and 0.89k acres (Net)

LEGAL DESCRIPTION See supporting documentation

PETITION Consideration of a Resolution, approving with conditions, a Major Use Special Permit pursuant to Articles 5, 13 and 17 of Zoning Ordinance No. 11000, as amended, for the Columbus Centre project, to be located at approximately 21 SW 15 Road, 1450 and 1490-92 South Miami Avenue, Miami, Florida, to construct an approximate 710-foot, 56-story high mixed use structure to be comprised of approximately 219 total multifamily residential units with recreational amenities; approximately 234 hotel rooms; 21 1,449 square feet of office space; approximately 6,512 square feet of retail and restaurant space; and approximately 596 total parking spaces; providing for certain floor area ratio ("FAR") bonuses.

PLANNING RECOMMENDATION APPROVAL with conditions

BACKGROUND AND ANALYSIS See supporting documentation

PLANNING ADVISORY BOARD VOTE:

ClTY COMMISSION

ClTY OF MIAMIo PLANNING DEPARTMENT 444 SW 2NDAVENUE, 3RDFLOOR MIAMI, FLORIDA, 33130 PHONE (305) 41 6-1500 i ; Date Printed: 11/7/2006 Page 1 ANALYSIS MAJOR USE SPECIAL PERMIT for COLUMBUS CENTER located at approximately 21 SW 15 Road, 1450 and 1490-92 South Miami Avenue

LEGISTAR FILE ID: 06-01846mu

Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Columbus Centre project, located at approximately 21 SW 15 Road, 1450 and 1490-92 South Miami Avenue, Miami, Florida, has been reviewed to allow a Major Use Special Permit per Articles 5, 13 and 17, to construct an approximate 710-foot, 56-story high mixed use structure to be comprised of approximately 219 total multifamily residential units with recreational amenities; approximately 234 hotel rooms; 21 1,449 square feet of office space; approximately 6,512 square feet of retail and restaurant space; and approximately 596 total parking spaces; providing for certain floor area ratio ("FAR") bonuses.

This Permit also includes the following requests:

MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (2) , to allow Nonresidential uses involving in excess of two hundred thousand (200,000) square feet of floor area;

The Major Use Special Permit encompasses the following Special Permits and the additional requests:

CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 607.3, Class II Special Permit, to allow erection of any new building in SD-7 district;

CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 607.8, Sub-section 607.8.3 Open space and residential recreational space, to allow relocation of 4,369 square feet of open space to areas within the building. The user shall make a non-refundable developer contribution of $218,450.00 to the Parks and Open Space Trust Fund administered by the City of Miami;

CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 923, Sub-section 923.2, Sub- Section 923.2.1. Reduction in stall dimensions by Class II Special Permit; criteria and limitations on reductions, to allow reduction of one (1) loading berth dimensions into two (2) required berths as follows;

Required Four (4) 12 feet wide x 35 feet long x 15 feet high 06-01846mu Page 1 of 8 One (1) 12 feet wide x 55 foot long x 15 feet high

Proposed Four (4) 12 feet wide x 35 feet long x 15 feet high Two (1) 10 feet wide x 20 foot long x 15 feet high

CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917.14, Sub-section 917.14.1 Parking Lift, Robotic and mechanical parking systems , to allow Robotic, Automated Parking Systems to accommodate vehicles into their parking locations by an operator;

CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub-section 908.2, Access, to allow driveways of width greater than 25 feet;

CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 607, Sub-section 607.8.3, Open space and residentiallrecreational space, to allow development of ground level open space residentiallrecreational space;

CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub-section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as ground breaking ceremonies;

CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6, Sub-section 10.6.3.7, SD-7 Central Brickell Rapid Transit Commercial-Residential District, Temporary Signs (3) , to allow temporary development signs;

06-01846mu Page 2 of 8 REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required at the time of issuance of Shell Permit instead of at issuance of Foundation Permit:

The requirement to record in the Public Records a Declaration of Covenants andlor Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner and/or a mandatory property owner association; And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title.

It is found that the proposed development project will benefit the area by creating additional commercial and residential opportunities in the Downtown NET District, located at the northwest corner of SW 15 Road and South Miami Avenue.

It is found that the subject property is located in the "City of Miami" plats within the City.

It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the existing zoning designation for the subject property is SD-7 (Central Brickell Rapid Transit Commercial-Residential District).

It is found that pursuant to the Comprehensive Neighborhood Plan of the City of Miami, Florida, the existing Future Land Use category for the subject property is "Restricted Commercial".

It is found that the proposed project is not located along a Primary Pedestrian Pathway.

It is found that the proposed project is not located within an Archeological Conservation area.

It is found that the proposed project is located in FEMA Flood Zone "X".

It is found that the proposed residential density of the project (336 units at 377.5 units per net acre) is below the maximum 445 units (500 units per net acre) on the .0.89* net acre site. Per Section 903.4, the 234 hotel rooms are equivalent to 117 dwelling units (hotel rooms = 0.50 of a dwelling unit).

It is found that the total allowable combined floor area without bonuses for the 1.94k gross acre site at a Floor Area Ratio (FAR) of 8.0 is 676,328 square feet. The

06-01846mu Page 3 of 8 project as proposed is requesting bonuses of 20% PUD (28,352 sq. ft.) and SD-7 Retail (6,512 sq. ft.)for a total proposed FAR of 711,192 square feet.

It is found that the maximum height of the proposed structure is approximately 710 feet. Pursuant to Article 4, Section 401, there are no height limits in the existing SD-7 zoning district.

It is found that the proposed open space for the project (4.085 sq. ft.) is below the minimum required open space (8,454 sq. ft. at 10% GLA) for this project.

It is found that the proposed total number of parking spaces (approximately 596) for the project is above the required minimum number of 496 parking spaces.

It is found that the project is expected to cost approximately $489,559,516, and to employ approximately 416 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 125 permanent new jobs (FTE) for building operations and will generate approximately $2,295,008 annually in tax revenues to the City (2006 dollars).

It is found that the proposed project was reviewed by the Internal Design Review Committee on June 27, 2006, and the following comments were made: ContextlUrban Design - (1) This project is located at the north end of a City of Miami designated Scenic Transportation Corridor (South Miami Avenue, ending the intersection with SW 15'h Road) and is using property along the Corridor towards its FAR calculation; (2) Accordingly, the applicant shall follow the standards required for City of Miami Scenic Transportation Corridors and should continue this dense landscaping along the South Miami Avenue frontage of the project; (3) Develop the ground floor along South Miami Avenue with pedestrian amenities such as shade trees, a generous sidewalk, and cafe tables or benches; (4) Ensure that the retail spaces on the ground floor will be easily accessible from the street; (4) This proposal contains six curb cuts which introduce potential conflicts with pedestrians and interrupt the desired continuity of pedestrian pathways. Please reduce the total number of curb cuts provided in this project; (5) All the changes to the medians along SW 15Ih Road and South Miami Avenue with the Public Works Department; Pedestrian Realm - (1) Articulate the sidewalk with a consistent pattern and height that continues across vehicular areas; (2) Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works; Parking Garage - Internalize the loading spaces so that they are accessed from within the garage and loading vehicles do not have to maneuver in the public right of way; Landscaping - (1) It is critical that parked cars and mechanical systems within the garage be hidden from view in an attractive manner; (2) Please provide material samples, precedent photographs, and consider providing a section of a typical garage opening, so that the committee can better assess the impact of this structure on the adjacent properties. Indicate how all vehicles and mechanical systems within the garage will be concealed from view; (3) Provide additional information on the artwork shown along the garage pedestal; (4) Confirm all parking requirements for this project with the Zoning Department; (5) Confirm the loading dimensions and turning radius requirements with the Public Works Department in order to verify the feasibility of the proposed loading arrangement; (6) Confirm all parking slopes and standards with the Public Works Department; Architecture - (1) Please include a clear indication of what type of materials are being proposed for all four elevations of the building, including 06-01846mu Page 4 of 8 windows, balconies, and garage screening materials; (2) This information can be submitted as a labeled color rendering; Building Height - (1) The height of the structure (to the highest point including any architectural treatments) shall be indicated in both NGVD and in above grade formats; (2) Ensure that the building complies with Miami-Dade County Ordinance 04-203, Section 33-335; Landscaping - (1) The landscape plan submitted for June 6th,2006, should be updated to reflect the site plan changes suggested in these comments; (2) Provide a complete tree survey including species, height, diameter and spread, and include all trees in the right-of-way; (3) Please refer to the City of Miami tree protection ordinance passed in January 2005 and indicate how tree mitigation will be achieved; (4) Provide a continuous canopy of shade trees to provide comfort for pedestrians along all street frontages. These shade trees shall be aligned close to the edge of the curb in the public right of way (at no greater than 33' on center) to provide a buffer for pedestrians from vehicular traffic; (5) The applicant shall obtain approval and a permit from the Public Works Department for the aforementioned landscaping improvements in the right of way. This green space and landscaping may not be included in the calculations for meeting green space zoning requirements.

It is found that Miami-Dade Public Schools provided a preliminary review of the project on July 18, 2006. The student population generated by this development is estimated at 39 students. The schools serving this area of application are Southside Elementary (396 students) -1 72% Florida Inventory School Houses (FISH) Capacity; Shenandoah Middle (9 students) - 104% FISH; and Booker T. Washington Senior High (11 students) - 68% FISH. Pursuant to the interlocal agreement, only Shenandoah Middle and Booker T. Washington Senior meet review threshold of 115%.

It is found that on July 21, 2006, the City of Miami Public Works Department provided a review of the project and commented that the following street improvements shall be required: (1) Broadway - Construct new sidewalk and curb and gutter following the 25' corner radius. Replace broken sidewalk and construct new curb and gutter on the north side of Broadway between South Miami Avenue and SW 1 Avenue. Mill and resurface the north side of Broadway between the new curb and gutter and the median from South Miami Avenue to SW 1 Avenue. Stormwater drainage improvements will be required on Broadway. Coordinate roadway improvements with the City of Miami Capital Improvement/Transportation Office for the proposed roadway reconstruction project at the area; (2) - SW 14 Street- Construct new sidewalk, curb and gutter on the south side of the terrace between South Miami Avenue and SW 1 Avenue. Construct new pavement on the south side of the terrace between South Miami Avenue and SW 1 Avenue and coordinate the milling and resurfacing of the remainder of the terrace with SMA project proposed on the north side of the terrace. Stormwater drainage improvements will required on the terrace. Construct new sidewalk and curb and gutter following the 25' corner radius; (3) - S. Miami Avenue -Replace all broken and damaged sidewalk, curb and gutter adjacent to the project site. Construct new sidewalk and curb and gutter following the 25' corner radius at intersections with Broadway and SW 14 Terrace. Approval of the Public Works Director is required for the proposed street brick work and maintenance covenant shall be require for the non-standard improvements with the City of Miami Capital Improvement1 Transportation Office for the proposed roadway reconstruction project at this area.

06-01846mu Page 5 of 8 It is found that on July 31, 2006, the Miami-Dade Aviation Department provided a Height Analysis review of the proposed project and found that it conforms to the Miami-Dade County Height Zoning Ordinances at that location as long as; (1) FAA determines that the construction of the building at 623 feet AMSL will not diminish or affect the safety, efficiency or capacity of the Miami International Airport in any way; (2) FAA issues a "Determination of NO Hazard" for this project; Any proposed construction exceeding 623 feet (AMSL) requires the applicant to file with the Federal Aviation Administration (FAA) Form 7460-1, "Notice of Proposed Construction Alteration for Determination of Known Hazards". In addition, construction cranes for this project exceeding 200 feet (AMSL) in height must be filed using the same form.

It is found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board on September 20, 2006, which recommended Approval (UDRB Reso. 9-20-06-1).

It is found that on September 27, 2006, the City's Traffic Consultant, URS Corp., provided a review (W.O. #162) of the Traffic Impact Analysis submitted by the applicant and has found the traffic analysis sufficient.

Based on these findings, the Planning Department is recommending approval of the requested Development 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 a building permit.

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. 06-01846mu Page 6 of 8 5) Comply with the Minority Participation and Employment Plan (including a ContractorISubcontractor 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 MinorityNVomen Business Affairs and Procurement Program as a guide.

9) In so far as this Major Use Special Permit includes the subordinate approval of a series of Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate 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 andlor improvements listed in this development order or captioned in the plans approved by it.

11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions: (a) The applicant shall follow the standards required for City of Miami Scenic Transportation Corridors and should continue this dense landscaping along the South Miami Avenue frontage of the project; (b) The applicant shall develop the ground floor along South Miami Avenue with pedestrian amenities such as shade trees, a generous sidewalk, and cafe tables or benches; (c) Reduction of the total number of curb cuts provided in this project is required; (d) Internalize the loading spaces so that they are accessed from within the garage and loading vehicles do not have to maneuver in the public right of way; (e) Parked cars and mechanical systems within the garage shall be hidden from view in an attractive manner; (f) Provide material samples, and provide section of a typical garage opening 06-01846mu Page 7 of 8 for Planning Director's approval; (g) Provide additional information on the artwork shown along the garage pedestal prior the issuance of a building permit; (h) Provide a complete tree survey including species, height, diameter and spread, and include all trees in the right-of-way; (i) Provide a continuous canopy of shade trees to provide comfort for pedestrians along all street frontages.

12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: (1) Broadway - Construct new sidewalk and curb and gutter following the 25' corner radius. Replace broken sidewalk and construct new curb and gutter on the north side of Broadway between South Miami Avenue and SW 1 Avenue. Mill and resurface the north side of Broadway between the new curb and gutter and the median from South Miami Avenue to SW 1 Avenue. Stormwater drainage improvements will be required on Broadway. Coordinate roadway improvements with the City of Miami Capital lmprovementrrransportation Office for the proposed roadway reconstruction project at the area; (2) - SW 14 Street- Construct new sidewalk, curb and gutter on the south side of the terrace between South Miami Avenue and SW 1 Avenue. Construct new pavement on the south' side of the terrace between South Miami Avenue and SW 1 Avenue and coordinate the milling and resurfacing of the remainder of the terrace with SMA project proposed on the north side of the terrace. Stormwater drainage improvements will required on the terrace. Construct new sidewalk and curb and gutter following the 25' corner radius; (3) - S. Miami Avenue -Replace all broken and damaged sidewalk, curb and gutter adjacent to the project site. Construct new sidewalk and curb and gutter following the 25' corner radius at intersections with Broadway and SW 14 Terrace. Approval of the Public Works Director is required for the proposed street brick work and maintenance covenant shall be require for the non- standard improvements with the City of Miami Capital Improvement1 Transportation Office for the proposed roadway reconstruction project at this area.

13) The applicant shall record a covenant, subject to review and approval by the city attorney, within sixty (60) days of the effective date of this resolution, which states that in the event that this Major Use Special Permit expires or is abandoned, any future development of the subject properties shall require design review and approval by the Planning Director, utilizing the same criteria as the original Major Use Special Permit.

06-01846mu Page 8 of 8 Projects in the Vicinity Columbus Centre 06-01846mu

No. Name Floors Units Status 1. Capital at Brickell (SMA) 56 832 Under Construction 2. 1451 Brickell 42 199 Under Construction 3. Park Place at Brickell (Ph.11) 32 NIA Application 4. Four Seasons(Millenium) 64 NIA Completed . One Broadway (Park Place P 3E 2ompleted iii 'reliminary Completed

06-01846mu - Projects in the Vicinity Columbus PLANNING DEPARTMENT

PRE-APPLICATIONDESIGN REVIEW COMMENTS MAJORUSE S PECIAL PERMIT

COLUMBUSCENTRE 1492 SOUTHMIAMI AVENUE NET DISTRICT: DOWNTOWN

City of Miami Vision Statement: 'To Be an International Ci9 which Embodics Divmsip, Economic Opporiunip, Efective C~sromer Service and a H&h3 RatedQuaLg ofLifel'

COMMENTS: The following comments represent the unified vision of the Pre-Application Design Review Committee, which consists of all staff members in the Urban Design and Land Development Divisions. These comments are being made in an effort to develop projects to their highest potential and make a significant contribution to improving the quality of our built environment with great architecture and urban design.

Submittal: The application package is missing critical items, marked in bold below. The applicant may not proceed to the UDRB until these items are submitted to the Pre-Application Design Review Committee. All other comments may be addressed in future submittals to the Design Review committee, or as conditions of the Major Use Special Permit.

In the future, please provide one set of project plans at 11" x 17" size for the Committee's records.

Context/Urban Design This project is located at the north end of a City of Miami designated Scenic Transportation Corridor (South Miami Avenue, ending the intersection with SW 151h Road) and is using property along the Corridor towards its FAR calculation. Accordingly, the applicant shall follow the standards required for City of Miami Scenic Transportation Corridors and should continue this dense landscaping along the South Miami Avenue frontage of the project. Please contact Megan McLaughlin at 305.416.1474 or Providencia Velazquez at 305.416.1474 for more information. Develop the ground floor along South Miami Avenue with pedestrian amenities such as shade trees, a generous sidewalk, and cafi tables or benches. Ensure that the retail spaces on the ground floor will be easily accessible from the street. This proposal contains six curb cuts which introduce potential conflicts with pedestrians and interrupt the desired continuity of pedestrian pathways. Please reduce the total number of curb cuts provided in this project. Confirm all changes to the medians along SW 151h Road and South Miami Avenue with the Public Works Department.

Pedestrian Realm Articulate the sidewalk with a consistent pattern and height that continues across vehicular areas. Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works. As part of your details and materials sheet in the final submittal, please include a detail of this vehicular ramping.

Parking Garage It is critical that parked cars and mechanical systems within the garage be hidden from view in an attractive manner. Please provide material samples, precedent photographs, and consider providing a section of a typical garage opening, so that the committee can better assess the impact of this structure on the adjacent properties. Indicate how all vehicles and mechanical systems within the garage will be concealed from view. It is our intention with these comments to aid in expediting Special Permit applications with your voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Committee or the Urban Development Review Board. Page 1 of 2 Provide additional information on the artwork shown along the garage pedestal. Confirm all parking requirements for this project with the Zoning Department. Confirm the loading dimensions and turning radius requirements with the Public Works Department in order to veriQ the feasibility of the proposed loading arrangement. Confirm all parking slopes and standards with the Public Works Department.

Architecture Please include a clear indication of what type of materials are being proposed for all four elevations of the building, including windows, balconies, and garage screening materials. This information can be submitted as a labeled color rendering. Material samples and precedent photographs are encouraged.

Building Height The height of the structure (to the highest point including any architectural treatments) shall be indicated in both NGVD and in above grade formats. Ensure that the building complies with Miami-Dade County Ordinance 04-203, Section 33-335. This states that all building heights reviewed by the Dade County Aviation Department in accordance with the "Airport Height Zoning Area Map for Miami International Airport."

Landscaping The landscape plan submitted for June bh, 2006, should be updated to reflect the site plan changes suggested in these comments. Provide a complete tree survey including species, height, diameter and spread, and include all trees in the right- of-way. Please refer to the City of Miami tree protection ordinance passed in January 2005 and indicate how tree mitigation will be achieved. Please note that the City calculates tree replacement by the "sum of inches" of tree trunk at breast height, while the county uses square footage of tree canopy. Provide a continuous canopy of shade trees to p?4vide comfort for pedestrians along all street frontages. These shade trees shall be aligned close to the edge of the curb in the public right of way (at no greater than 33' on center) to provide a buffer for pedestrians from vehicular traffic. The applicant shall obtain approval and a permit from the Public Works Department for the aforementioned landscaping improvements in the right of way. This green space and landscaping may not be included in the calculations for meeting green space zoning requirements.

The Planning Department reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this additional information.

*** Please note that the Planning Department reviews Special Permit proposals based on architectural design, site planning and urban design issues. The project still needs to be reviewed and comply with other department's requirements.

It is our intention with these comments to aid in expediting Special Permit applications with your voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Committee or the urban Development Review Board. Page 2 of 2 September 27, 2006 Via Fax and US Mail 2006 OCT -2 PH 3: 23

Ms. Lilia I. Medina, AlCP Assistant Transportation Coordinator City of Miami, Ofice of the City ManagerITransportation 444 SW 2"d Avenue (lothFloor) Miami, Florida 33130

Re: Columbus Center Sufficiency Letter - W.0. # 162

Dear Ms. Medina:

Subsequent to our July 18, 2006 review comments for the sutiject project, we have received a response letter from Richard Garcia and Associates (RGA) on September 21, 2006. The response letter also includes a revised site plan showing the turning radius of the delivery trucks. Photocopies of the response letter and site plan are attached herewith.

At this time, we conclude that the traffic impact report along with the subsequent submittal meets all the traffic requirements and the study is found to be sufficient.

Should you have any questions, please call Quazi Masood or me at 954.739.1881.

Sincer

Attachment

Cc: Mr. Kevin Walford, Planner 11, City of Miami Planning (Fax - 305.416.1443) Mr. Manny A. Vega, Engineer I, City of Miami Zoning (Fax - 305.416.1490) Mr. Richard Garcia, P.E., RGA Inc. (Fax - 305.675.6474)

URS Corporation Lakeshore Complex 5100 NW 33rd Avenue, Suite 150 Fort Lauderdale, FL 33309-6375 Tel: 954.739.1881 Fax: 954.739.1789 CITY OF MIAMI, FLORIDA

FILE : Director Planning Departmen SUBJECT : Large Scale Development Review - q&&-$pQ &ow 1492 South Miami Avenue FROM : Stephanie N. Grindell, P.E. REFERENCES : Director Public Works Department ENCLOSURES:

The Public Works Department has reviewed the Large Scale Development plans for the development located at 1492 South Miami Avenue and has the following comments.

1. Platting of the property may be required. Verify with the Public Works Department if the division of platted lot 3 has been recognized by the City of Miami. Public Works strongly recommends an early investigation into the platting requirements for this site. D 2. 25 foot corner radius dedications are required at the intersections of the base building lines at Broadway and S.W. 14th Terrace with South Miami Avenue. 3. All transitions from the established street profile grade to the building floor elevation must be accomplished on private property. Stairs, ramps, retaining walls, etc. will not be permitted in the public right of way and the record profile street grade can not be changed to accommodate the proposed building ground floor elevation. The City of Miami Capital Improvement and Transportation Office is designing a roadway reconstruction project for South Miami Avenue which includes improving the intersection of Broadway with S. Miami Avenue. Coordinate the proposed access driveways with this City project. 4. City of Miami driveway entrances, in compliance with A.D.A. standards, shall be required. Continuous pedestrian sidewalk is required across the entrance/exit driveways along S. Miami Avenue and at Broadway without requiring pedestrians to enter private property. The loading bay driveway must be at a setback distance of 5 feet from the side property line. 5. The maximum slope for a driveway ramp sloping downward toward the street is 1:10 for the last 20 feet to the property line and the maximum slope for a driveway ramp sloping upward toward the street is 1:20 for the last 20 feet to the property line. All stormwater must be retained on site including the driveways, interior courtyards and plazas on private property adjacent to the public streets. All common areas, plazas and driveways must be graded or trench drains provided to prevent "sheet flow" from entering the right of way. If deep drainage wells are selected for stormwater disposal, they must be located on-site in an open area to accommodate future maintenance access. Ana Gelabert-Sanchez Director Planning Department Page 2 of 3

6. An agreement between the City of Miami and the property owner is required for any landscaping and decorative sidewalk treatment located in the public right of way. Public Works approval and permit is required for any landscaping improvements in the right of way. 7. Public Works policy requires that no closures of vehicular travel lanes will be permitted during the course of construction unless a temporary replacement lane, approved by the Public Works Department, is constructed and maintained by the Contractor throughout the duration of the lane closure. A maintenance of traffic plan is required for any temporary right of way closure request. 8. In order to mitigate traffic congestion and problems associated with unregulated parking throughout the neighborhood, the Contractor/Developer shall be required to provide approved, designated off-site parking for workers and a shuttle service to the work site. The parking/shuttle plan shall be coordinated with the local City of Miami NET Service Center. . b 9. Since this project is 1.88 acres in total construction area, the methods of construction must comply with the City of Miami Municipal Separate Storm Sewer Permit (MS4). This project will require a Florida Department of Environmental Protection (DEP) Stormwater, Erosion and Sediment permit. For information on a DEP permit application, please contact our department online at www.dep.state.fl.us/water/stormwater/npdes or (305) 416 - 1200. 10. Provide truck maneuvering paths for the 10' x 20' loading stalls. Trucks are not permitted to back-up into the street right of way.

In addition to these comments, the Public Works Department will require the following street improvements: Broadway: Construct new sidewalk and curb and gutter following the 25' comer radius. Replace broken sidewalk and construct new curb and gutter on the north side of Broadway between South Miami Avenue and S.W. 1 Avenue. Mill and resurface the north side of Broadway between the new curb and gutter and the median from South Miami Avenue to S.W. 1Avenue. Stormwater drainage improvements will be required on Broadway. Coordinate roadway improvements with the City of Miami Capital Improvement/Transportation Office for the proposed roadway reconstruction project at this area. S.W. 14th Terrace: Construct new sidewalk, curb and gutter on the south side of the terrace between South Miami Avenue and S.W. 1 Avenue. Construct new pavement on the south side of the terrace between South Miami Avenue and S.W. 1 Avenue and coordinate the milling and resurfacing of the remainder of the terrace with the SMA project proposed on the north side of the terrace. Stormwater drainage improvements will be required on the terrace. Construct new sidewalk and curb and gutter following the 25' corner radius. Ana Gelabert-Sanchez Director Planning Department Page 3 of 3

S. Miami Avenue: Replace all broken and damaged sidewalk, curb and gutter adjacent to the project site. Construct new sidewalk and curb and gutter following the 25' corner radius at the intersections with Broadway and at S.W. 14 Terrace. Approval of the Public Works Director is required for the proposed street brick work and a maintenance covenant shall be required for the non-standard improvements in the right of way. Coordinate roadway improvements with the City of Miami. Capital Improvement/Transportation Office for the proposed roadway reconstruction project at this area.

In addition, pavement restoration for all water and sewer extensions, existing damaged pavement and pavement damaged during construction, as determined by the City inspector, shall include milling and resurfacing of the full pavement width, curb to curb, along the entire length of the excavation and/or damaged pavement area. A thorough cleaning of all stormwater drainage inlets and storm sewer pipes adjacent to the building site shall be required at the completion of the project. Handicap ramps, in compliance with ADA standards, are required at all street intersections adjacent to the . project site. The streets and avenues adjacent to the project site must be clear of dust and 0 construction debris at all times. If you have any questions concerning these comments, please call Mr. Leonard Helmers, Professional Engineer IV,at extension 1221. SNG/LJv /EE/ee/lr 7bl@ c: REVUELTA VEGA LEON P.A. 1450 South Miami LLC 2560 S. W. 27 Avenue 1492 South Miami Avenue Miami, Florida 33133 Miami, FL 33130

PLANNING DBPARTMBNT

URBAN DEVELOPMENT REVIEW BOARD(UDRB)

RESOLUTION FOR RECOMMBNDATION

UDRB MEETING 9/20/2006

Itern No. 9:

A motion was made by Roger Fy and seconded Julio Dh for a iesolution " gtothe dkctorofdwDe!partmentofPlannmg~~~haMajarUseSpwJllPcnnitfbr&e project Nordica on 8th batedat U07-77 S.W. 8m Shmt with a vote of 3 m 0.

S~~oathcI.D.Rarnmpente) Ac~todm17~asepilr;lbeapplicationnarstbesubmicaedformy~ changes in additicm t~ the MUSP application. As a part of the supporting data and rmtedal for the design md development ph, dx applicant should demonmat how the concept aff;ects aristing zoning and adopted compreh& plan p~apkand and whtheranycfi.angesare~inthe~~. ?he pqwsed pmject should create a txmsition in bulk and s& In keeping with the nmghborhood d.raracber, a transition in the fbrm of a step-back or techmion in odheight shod be inaxpodin the doacut pzdd to fl Ave CITY o F MIAMI

PLANNING DEPARTMENT

Item No. 1:

A motion was made by Roger Fry and seconded by Ernesto Santos for a resolution recommending to the director of the Department of Planning approval for a Major Use Special Permit for the project Columbus Centre located at 1492 South Miami Avenue with a vote of 3 to 0. Miami-Dade Aviation Department P.O. Box 592075 RECEIVED Miami, Florida 33159 PLANNING DEPARTMEN f T 305-876-7000 F 305-876-0948 www.miami-airport.com

Commercial Airport: Miami International Airpon

General Aviation Airporls: July 3 1, 2006 Dade-CollierTraining & Transition Homestead General Kendall-Tamiam~Execultve Opa-locka Opa-locka West Mr. Roberto Lavernia Chief of Land Development City of Miami 444 SW 2ndAve, 3rdFloor Miami, FL 33 130

RE: REVISED Height Analysis for the Columbus Centre, located in 1492 South Miami Avenue, Miami, FL - (Architect submitted revised elevations). . Dear Mr. Lavernia: D

The Miami-Dade Aviation Department (MDAD) has reviewed your Large Scale Development Submittal dated June 22, 2006 for a height analysis for the above referenced project. Please note that subsequent to this submittal the project Architect submitted new (revised) Elevation of 623 FT AMSL. Our review finds that an assumed 623 ft AMSL (Above Mean Sea Level) structure at this location conforms to the Miami-Dade County Height Zoning Ordinance.

However, our preliminary analysis indicates that this structure may impact the following Terminal Instrument Procedures (TERPS) surfaces:

In the NW corner of the referenced property: Runway 27L LNAV Final Approach: exceeds by 132.8 ft In the SW corner of the referenced property: Runway 27L LNAV Final Approach: exceeds by 125.8 ft

The FAA will need to determine the effect of those impacts (if any) upon the developer's submittal of form 7460-1 to the FAA.

This height determination is an estimate issued on a preliminary or advisory basis. Before proceeding with design, any proposed construction at this location exceeding 200 ft AMSL (Above Mean Sea Level) will be required to file with the FAA by using form 7460-1 'Notice of Proposed Construction Alteration for Determination of Known Hazards'. In addition, any construction cranes for this project exceeding 200 ft must be filed by the construction contractor using the same form. Thus, for any structure or crane at this location exceeding 200 ft AMSL (Above Mean Sea Level), FAA form 7460-1 must be filed. The form is available through this office or through the FAA website: https://oeaaa.faa.gov This form should be mailed to: Federal Aviation Administration, Air Trafic Airspace Branch - ASW-520, 2601 Meacham Blvd, Ft. Worth, TX 76137-0520. Alternatively, the developer may "e-file" onl.ine at https://oeaaa.faa.gov . . Mr. Roberto Lavernia July 3 1, 2006 Page 2

Based on the above, MDAD would not object to a proposed structure height that conforms to the Miami-Dade County Height Zoning Ordinance as long as:

1) FAA determines that the construction of building at the above mentioned height will not diminish or affect the safety, efficiency or capacity of the Miami International Airport in any way; and

2) FAA issues a "Determination of No Hazard" for this project and location; and

3) An interested party does not file a "petition for review" to FAA's aeronautical study that has yet to be completed for this project and location.

Please note that the airspace review process is governed by two different regulations: the Miami- Dade County Height Zoning Ordinances and Federal Regulation Title 14 Part 77. The FAA has its own airspace evaluation requirements, and issues airspace determinatiohs for structures and cranes based on the particular facts then presented before the FAA. The County's Department of Planning and zoning (P&Z) or the applicable municipal building official determines whether the County's zoning requirements and height limitations are met, and FAA determines whether FAA building, marking and height requirements are met.

Should you have any questions in obtaining and/or filling out FAA form 7460-1 or if I can be of any further assistance, please feel free to contact me at 305-876-

\ C9 ief of Aviation Planning Section cc: S. Harman V J. Bunting A. Herrera Diane O'Quinn Williams, Department of Planning and Zoning A1 Torres, Department of Planning and Zoning Damon Holness. Department of Planning and Zoning Claudia Ruiz, Department of Planning and Zoning Ana Gelabert-Sanchez, City of Miami Kevin Walford, City of Miami Orlando Toledo, City of Miami Earl Newalu, FAA File Airspace Miami-Dade Aviation Department P.O. Box 592075 Miami, Florida 331 59 T 305-876-7000 F 305-876-0948 www.miami-airport.com

Commercial Airport: Miami International Airport

Cenenl Aviation Airports: July 25, 2006 Dade-Collier Training & Transition Homestead General Kendall.Tam~amiExecutive Opa-locka Opa-locka West Mr. Roberto Lavernia Chief of Land Development City of Miami 444 SW 2"d Ave, 3rdFloor Miami, FL 33 130

RE: Height Analysis for the Columbus Centre, located in1492 South Miami Avenue, Miami, FL

Dear Mr. Lavernia:

The Miami-Dade Aviation Department (MDAD) has reviewed your Large Scale Development Submittal dated June 22, 2006 for a height analysis for the above referenced project. Our review finds that an assumed 616 ft AMSL (Above Mean Sea Level) structure at this location conforms to the Miami-Dade County Height Zoning Ordinance.

However, our preliminary analysis indicates that this structure may impact the following Terminal Instrument Procedures (TERPS) surfaces:

In the NW corner of the referenced property: Runway 27L LNAV Final Approach: exceeds by 125.8 ft In the SW corner of the referenced property: Runway 27L LNAV Final Approach: exceeds by 118.8 ft

The FAA will need to determine the effect of those impacts (if any) upon the developer's submittal.of form 7460-1 to the FAA.

This height determination is an estimate issued on a preliminary or advisory basis. Before proceeding with design, any proposed construction at this location exceeding 200 ft AMSL (Above Mean Sea Level) will be required to file with the FAA by using form 7460-1 'Notice of Proposed Construction Alteration for Determination of Known Hazards'. In addition, any construction cranes for this project exceeding 200 R must be filed by the construction contractor using the same form. Thus, for any structure or crane at this location exceeding 200 ft AMSL (Above Mean Sea Level), FAA form'7460-1 must be filed. The form is available through this office or through the FAA website: https://oeaaa.faa.aov This form should be mailed to: Federal Aviation Administration, Air Traffic Airspace Branch - ASW-520, 2601 Meacham Blvd, Ft. Worth, TX 76137-0520. Alternatively, the developer may "e-file" online at https://oeaaa.faa.gov . Based on the above, MDAD would not object to a proposed structure height that conforms to the Miami-Dade County Height Zoning Ordinance as long as: Mr. Roberto Lavernia July 25, 2006 Page 2

1) FAA determines that the construction of building at the above mentioned height will not diminish or affect the safety, efficiency or capacity of the Miami International Airport in any way; and

2) FAA issues a "Determination of No Hazard" for this project and location; and

3) An interested party does not file a "petition for review" to FAA's aeronautical study that has yet to be completed for this project and location.

Please note that the airspace review process is governed by two different regulations: the Miami-Dade County Height Zoning Ordinances and Federal Regulation Title 14 Part 77. The FAA has its own airspace evaluation requirements, and issues airspace determinations for structures and cranes based on the particular facts then presented before the FAA. The County's Department of Planning and Zoning (P&Z) or the applicable municipal build!ng official determines whether the County's zoning requirements and height limitationso are met, and FAA determines whether FAA building, marking and height requirements are met.

This determination is based, in part, on the description provided to us by you, which includes specific building locations and heights. Any changes in building locations/layouts or heights will void this determination. Any hture construction or alteration, including an increase to heights requires separate notice to the FAA and the Miami-Dade Aviation Department.

Should you have any questions in obtaining and/or filling out FAA form 7460-1 or if I can be of any fkrther assistance, please feel free to contact me at 305-876-8080.n

uCh ef of Aviation Planning Section cc: S. Harman J. Bunting A. Herrera Diane O'Quinn Williams, Department of Planning and Zoning A1 Torres, Department of Planning and Zoning Damon Holness, Department of Planning and Zoning Ana Gelabert-Sanchez, City of Miami Kevin Walford, City of Miami Orlando Toledo, City of Miami Earl Newalu, FAA File Airspace SCHOOL IMPACT REVIEW ANALYSIS July 18, 2006

APPLICATION: Columbus Centre (LSD Meeting August 3, 2006)

REQUEST: Large Scale Development

ACRES: -+.9 net acres

ZONING: SD-7 "Central Brickell Rapid Transit Commercial Residential District" (500 DUIacre)

LOCATION: 1490-1492 South Miami Avenue

dsAI MULTIPLIER: 5.2 / .18 Multifamily

NUMBER OF UNITS: 217 units (Existing zoning allows 450 maximum units)

ESTIMATED STUDENT POPULATION: 39

ELEMENTARY: 19

MIDDLE: 9

SENIOR HIGH: 11

SCHOOLS SERVING AREA OF APPLICATION

ELEMENTARY: Southside Elementary - 45 SW 13 Street

MIDDLE: Shenandoah Middle - 1950 S W 19 Street

SENIOR HIGH: Booker T. Washington High - 1200 NW 6 Avenue

All schools are located in Regional Center IV

%UTILIZATION % FISH DESIGN UTILIZATION NUMBER OF CAPACITY FlSH DESIGN FlSH DESIGN PORTABLE PERMANENT STUDENT CAPACITY CAPACITY STUDENT AND CUM ULATIVE POPULATION PERMANENT PERMANENT STATIONS RELCOATABLE STUDENTS"

Southside 377 164% 164% 230 0 2,097 Elementary 396 * 172% 172%

Shenandoah 1,247 104% 104% 1,204 0 2,304 Middle 1,256 104% 104%

Booker T. 1,543 68% 68% Washington 2,270 0 4,341 Senior 1,554 68% 68%

*Student population increase as a result of the proposed development **Estimated number of students (cumulative) based on zoninglland use log (2001- present) and assuming all approved developments are built; also assumes none of the prior cumulative students Are figured in current population.

Notes: 1) Figures above reflect the impact of the class size amendment. 2) Pursuant to the lnterlocal Agreement, Southside Elementary School meets the review threshold.

PLANNED RELIEF SCHOOLS IN THE AREA (Information included in proposed 5-Year Capital Plan, 2006-2010, dated July 2006)

Projects in Planning, Design or Construction School Status Projected Occupancy Date NIA

Proposed Relief Schools School Funding Year State School "1-1" FY 09-10 (ShenandoahlCitrus Grovel Riverside Elementary Schools relief) (826 student stations)

Addition at Southside Elementary (Coral Way 1 Silverbluff ISouthside Elementary Schools relief) (270 student stations)

OPERATING COSTS: Accounting to Financial Affairs, the average cost for K-12 grade students amounts to $6,549 per student. The total annual operating cost for additional students residing in this development, if approved, would total $255,411. CAPITAL COSTS: Based on the State's August 2006 student station cost factors*, capital costs for the estimated additional students to be generated by the proposed development are:

/SENIOR HIGH 11 / x 1 $25.4041 = $279,444 ! l~otalPotential Capital Cost $799,575 j

*Based on Information provided by the Florida Department of Education, Office Educational Facilities Budgeting. Cost per student station does not include land cost. City of Miami City Hall Legislation 12500 Pan Resolution American Drive Miami, FL 33133 www.miamiaov.com

File Number: 06-01846mu Final Action Date:

A RESOLUTION OF THE MIAMI CITY COMMISSION, WlTH ATTACHMENTS, APPROVING WlTH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5,13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE Columbus Centre PROJECT, TO BE LOCATED AT APPROXIMATELY 21 SW 15 Road, 1450 and 1490-92 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 710-FOOT, 56-STORY HIGH MIXED USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 219 TOTAL MULTIFAMILY RESIDENTIAL UNITS WlTH RECREATIONAL AMENITIES; APPROXIMATELY 234 HOTEL ROOMS; 211,449 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 6,512 SQUARE FEET OF RETAIL AND RESTAURANT SPACE; AND APPROXIMATELY 596 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, on October 6, 2006, Tony Recio,Esquire, on behalf of 1450 South Miami, LLC, Nickel Goeseke, Veronica Cervera Goeseke, Javier Cervera and Alicia Cervera (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for Columbus Centre (referred to as "PROJECT") pursuant to Articles 5, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 21 SW 15 Road, 1450 and 1490-92 South Miami Avenue, Miami, Florida, as legally described in "Exhibit An,attached and incorporated; and

WHEREAS, the Large Scale Development Committee met on August 2, 2006 to consider the proposed project and offer its input; and

WHEREAS, the Urban Development Review Board met on September 20, 2006, to consider the proposed project and recommended APPROVAL; and

WHEREAS, the Miami Planning Advisory Board, at its meeting held on November 15, 2006 Item No. 3, following an advertised public hearing, adopted Resolution No. PAB *-* by a vote of --- to --- (*-*), recommending ---- with conditions as presented in the Major Use Special Permit Development Order as attached and incorporated; and

City of Miami Page I of 13 Printed On: 11/7/2006 File Numbec 06-01846mu

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 within, is approved subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No. 11000, for the project to be developed by the Applicant, located at approximately 21 SW 15 Road, 1450 and 1490-92 South Miami Avenue, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated.

Section 3. The PROJECT is approved for the construction of an approximate 710-foot, 56-story high mixed use structure to be comprised of approximately 234 hotel rooms; approximately 21 1,449 square feet of office space; approximately 6,512 square feet of retail and restaurant space;4 and approximately 596 total parking spaces; providing for certain floor area ratio ("FAR") bonuses.

Section 4. The Major Use Special Permit Application for the Project also encompasses the lower ranking Special Permits as set forth in the Development Order.

Section 5. The findings of fact set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as amended. b. The PROJECT is in accord with the proposed C-I and SD-20 (Restricted Commercial and Edgewater Overlay District) zoning classifications of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the PROJECT that have been found by the City Commission (based upon facts and reports prepared or submitted by staff or others) to adhere to the following Design Review Criteria subject to the any applicable conditions in the Development Order herein:

DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE

I) Site and Urban Planning:

Ci@ of Miami Page2 of 13 Printed On: 11/7/2006 File Numbec 06-01846mu

environment and adjacent properties; (3) Buildings on corner lots Yes. should be oriented to the corner and public street fronts.

II) Architecture and Landscape Architecture:

Ill) Pedestrian Oriented Development:

IV) Streetscape and Open Space:

City of Miami Page 3 of 13 Printed On: 11/7/2006 File Number: 06-01846mu

V) Vehicular Access and Parkina:

VI) Screening:

VII) Sianaae and Liahtina:

(1) Design signage appropriate Yes. for the scale and character of

City of Miami Page 4 of 13 Printed On: 11/7/2006 File Number 06-01846mu

the project and immediate neighborhood; (2) Provide lighting as a design Yes. feature to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to Yes. minimize glare to adjacent properties; (4) Provide visible signage Yes. identifying building addresses at the entrance(s) as a functional and aesthetic consideration.

VIII) Preservation of Natural Features:

(1) Preserve existing vegetation Yes. and/or geological features whenever possible.

IX) Modification of Nonconformities:

O*Compliance is subject to conditions.

These findings have been made by the City Commission to approve this project with conditions.

d. The PROJECT is expected to cost approximately $489,559,516, and to employ approximately 416 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 125 permanent new jobs (FTE) for building operations and will generate approximately $2,565,008 annually in tax revenues to the City (2006 dollars). e. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City;

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(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 contractor1subcontractor participation will be mitigated through compliance with the conditions of this Major Use Special Permit.

Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANT and any successors in interest.

Section 7. The application for Major Use Special Permit, which was submitted on October 4, 2006, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference.

Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT.

Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the PROJECT, incorporated within.

Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and issued.

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.

City of Miami Page 6 of13 Printed On: 11/7/2006 File Number: 06-01846mu

Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. (1)

DEVELOPMENT ORDER

Let it be known that pursuant to Articles 5, 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for Columbus Centre (hereinafter referred to as the "PROJECT") to be located at approximately 21 SW 15 Road, 1450 and 1490-92 South Miami Avenue, Miami, Florida (see legal description on "Exhibit A, attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record.

FINDINGS OF FACT

PROJECT DESCRIPTION:

The proposed PROJECT is a mixed use development to be located at approximately 21 SW 15 Road, 1450 and 1490-92 South Miami Avenue, Miami, Florida. The PROJECT is located on a gross lot area of approximately 1.94* acres and a net lot area of approximately 0.89* acres of land (more specifically described on "Exhibit A, incorporated herein by reference). The remainder of the PROJECT'S Data Sheet is attached and incorporated as "Exhibit B".

The proposed PROJECT will be an approximate 710-foot, 56-story high mixed use structure to be comprised of approximately 219 total multifamily residential units with recreational amenities, approximately 234 hotel rooms; 211,449 square feet of office space; approximately 6,512 square feet of retail and restaurant space; approximately and approximately 596 total parking spaces; providing for certain floor area ratio ("FAR) bonuses.

The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits:

CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 607.3, Class II Special Permit, to allow erection of any new building in SD-7 district;

City of Miami Page 7 of 13 Printed On: 11/7/2006 File Numbec 06-01846mu

Required Four (4) 12 feet wide x 35 feet long x 15 feet high One (1) 12 feet wide x 55 foot long x 15 feet high

Proposed Four (4) 12 feet wide x 35 feet long x 15 feet high Two (1) 10 feet wide x 20 foot long x 15 feet high

CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub-section 908.2, Access, to allow driveways of width greater than 25 feet;

CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub-section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as ground breaking ceremonies;

Ciy of Miami Page 8 of 13 Printed On: 11/7/2006 File Number: 06-01846mu

REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted average dBA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria;

REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required at the time of issuance of Shell Permit instead of at issuance of Foundation Permit:

The requirement to record in the Public Records a Declaration of Covenants and/or Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner and/or a mandatory property owner association; And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title.

The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Revuelta Vega Leon P.A., signed and dated September 25, 2006; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by URG dated September 19, 2006; said design and landscape plans may be permitted to be modified only to the extent necessary to comply with the conditions for approval imposed herein; all modifications shall be subject to the review and approval of the Planning Director prior to the issuance of any building permits.

The PROJECT conforms to the requirements of the proposed SD-7 Zoning district (Central Brickell Rapid Transit Commercial-Residential District) zoning classifications, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The proposed comprehensive plan future land use designation on the subject property allows the proposed uses.

CONDITIONS

THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING:

1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit.

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5) Comply with the Minority Participation and Employment Plan (including a Contractor1Subcontractor 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 MinorityNVomen Business Affairs and Procurement Program as a guide.

City of Miami Page 10 of 13 Printed On: 11/7/2006 File Number: 06-01846mu

11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions: (a) The applicant shall follow the standards required for City of Miami Scenic Transportation Corridors and should continue this dense landscaping along the South Miami Avenue frontage of the project; (b) The applicant shall develop the ground floor along South Miami Avenue with pedestrian amenities such as shade trees, a generous sidewalk, and cafe tables or benches; (c) Reduction of the total number of curb cuts provided in this project is required; (d) Internalize the loading spaces so that they are accessed from within the garage and loading vehicles do not have to maneuver in the public right of way; (e) Parked cars and mechanical systems within the garage shall be hidden from view in an attractive manner; (f) Provide material samples, and provide section of a typical garage opening for Planning Director's approval; (g) Provide additional information on the artwork shown along the garage pedestal prior the issuance of a building permit; (h) Provide a complete tree survey including species, height, diameter and spread, and include all trees in the right-of-way; (i) Provide a continuous canopy of shade trees to provide comfort for pedestrians along all street frontages.

12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: (1) Broadway - Construct new sidewalk and curb and gutter following the 25' corner radius. Replace broken sidewalk and construct new curb and gutter on the north side of Broadway between South Miami Avenue and SW 1 Avenue. Mill and resurface the north side of Broadway between the new curb and gutter and the median from South Miami Avenue to SW 1 Avenue. Stormwater drainage improvements will be required on Broadway. Coordinate roadway improvements with the City of Miami Capital lmprovementrrransportation Office for the proposed roadway reconstruction project at the area; (2) - SW 14 Street- Construct new sidewalk, curb and gutter on the south side of the terrace between South Miami Avenue and 'SW 1 Avenue. Construct new pavement on the south side of the terrace between South Miami Avenue and SW 1 Avenue and coordinate the milling and resurfacing of the remainder of the terrace with SMA project proposed on the north side of the terrace. Stormwater drainage improvements will required on the terrace. Construct new sidewalk and curb and gutter following the 25' corner radius; (3) - S. Miami Avenue -Replace all broken and damaged sidewalk, curb and gutter adjacent to the project site. Construct new sidewalk and curb and gutter following the 25' corner radius at intersections with Broadway and SW 14 Terrace. Approval of the Public Works Director is required for the proposed street brick work and maintenance covenant shall be require for the non- standard improvements with the City of Miami Capital Improvement1 Transportation Office for the proposed roadway reconstruction project at this area.

City of Miami Page I I of 13 Printed On: 11/7/2006 File Number: 06-01846mu

THE CITY SHALL:

CONCLUSIONS OF LAW

The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami.

APPROVED AS TO FORM AND CORRECTNESS:

JORGE L. FERNANDEZ CITY ATTORNEY

..Footnote {I) 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.

Ci(y of Miami Page 12 of 13 Printed On: 11/7/2006 Exhibit "A"

LEGAL DESCFUPTION

LOTS 1,2,5, 6, AND THE EAST 15 FEET OF LOT 3, IN BLOCK 98 SOUTH, OF "CITY OF MIAMI", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK "B", AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THAT PORTION OF SAlD LOT 5 BEING MORE PARTICULARLY DESCRZBED AS FOLLOWS:

FROM THE SOUTHERLY CORNER OF LOT 5, BLOCK 98 SOUTH OF A.L. KNOWLTON'S PLAT OF CITY OF MIAMI, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK "B", AT PAGE 41, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; RUN NORTHEASTERLY ALONG THE SOUTHEASTERLY PROPERTY LINE OF SAID LOT 5, FOR 101.76 FEET TO A POINT OF CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 292 FEET AND A CENTRAL ANGLE OF 19 DEGREES 11 MINUTES 56 SECONDS FOR 97.84 FEET TO THE SOUTHWESTEW PROPERTY LINE OF SAID LOT 5; THENCE RUN SOUTHEASTERLY ALONG SAlD SOUTHWESTERLY PROPERTY LINE OF LOT 5 FOR 17.22 FEET TO THE POINT OF BEGINNING. Exhibit 66B $9

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L0ILO.G Y"- 1.11 .* ,1110 .,, -LO- w-74 ..<.>".I. rg,,,- ..L...It ---, PLANNING FACT SHEET

LEGISTAR FILE ID: 06-02024zt November 15,2006 Item # 4

To amend Article 6, Section 606 and Section 615 of the Zoning Ordinance, as amended.

LEGAL DESCRIPTION See supporting documentation

PETITION An Ordinance amending Ordinance 11000, by amending Article 6, Section 606 concerning the SD-6, 6.1 Central Commercial Residential Districts in order to permit public storage facilities as adaptive re-use of existing buildings by Class II Special Permit and Section 615 concerning SD-15 River Quadrant Mixed-Use District in order to permit public storage facilities by Class II Special Permit; and in order to amend the affordable housing trust fund contribution; containing a repealer provision, a severability clause, and providing for an effective date.

PLANNING RECOMMENDATION APPROVAL

BACKGROUND AND ANALYSIS This will amend the Zoning Ordinance to allow for public storage facilities conditionally in SD-6, 6.1 Central Commercial Residential District as adaptive re-use of existing buildings only; and within the SD-15 River Quadrant Mixed-Use District by Class II Special Permit, excluding ground floor street frontages. This amendment also includes a change in the contribution for the affordable housing trust fund in order to match the amount contributed for the rest of the city (from $6.67 per square foot to $12.40 per square foot).

PLANNING ADVISORY BOARD VOTE:

ClTY COMMISSION

ClTY OF MIAMI PLANNING DEPARTMENT 444 SW 2NDAVENUE, 3RDFLOOR MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 i ; Date Printed: 1117/2006 Page 1