City of North Beach, Planning and Zoning Application

17050 NE 19th Ave. North Miami Beach, FL 33162 Tel: 305. 948.2966 [email protected]

General information

Project Name: ______5 Park Submission Date______, 20___

Street Address(es) of the Property:___17071,______17017, 17035, 17005, 16955 West Dixie Highway, North______Miami Beach, FL 33160 Proposed Use: ______Mixed Use Development

Project Planner(s): ______(Leave blank for City Staff)

Application request The undersigned Applicant(s)/Agent(s)/Property Owner(s) request City of North Miami Beach consideration and review of the following application(s). Please check all that apply.

Abandonment and Vacations of Right of Way, Alleys, or Easements Annexation Comprehensive Plan Map Amendment - Small Scale Comprehensive Plan Map Amendment - Large Scale Comprehensive Plan Text Amendment Conditional Use Conditional Use – Special Limited Development Agreement Development of Regional Impact Development of Regional Impact - Notice of Proposed Change Planned Unit Development Plat/Replat X Site Plan Variance Zoning Code Map Amendment Zoning Code Text Amendment Other: ______

Project information 17071, 17017, 17035, 17005, 16955 West Dixie Highway, Street Address(es) of the Property:___North______Miami Beach, FL 33160 ______Property Folio Number(s):______07-2209-002-0010, 07-2209-002-0090, 07-2209-002-0060, 07-2209-002-0120, ______07-2209-002-0130 JAAL,LLC, MTV 17017 LLC, 170 West Dixie Highway LLC, 17005 West Dixie Highway, LLC Property Owner Name(s): ______16955 West Dixie Highway LLC ______Property Owner(s) Mailing Address(es):______17071 W Dixie Highway, North______Miami Beach, FL 33160______

17050 NE 19th Ave.  North Miami Beach, FL 33162  Tel: 305. 948.2966  Fax: 305.787. 6012  [email protected] 1

Land description:

Parcel one - fee

Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, block 5, and tract B, of "a subdivision of a portion of tract "A" Greynolds Park Gardens", according to the plat thereof, as recorded in plat book 55, page 57, of the public records of Miami-Dade county, Florida.

Parcel two - easement

Together with those certain easement rights conveyed by easement dated June 18, 2008 from city of North Miami Beach to JAAL, LLC & recorded in or book 26524 page 3978 (as to lots 1-5)

Together with:

A 20-foot alley lying east of and adjacent to block 5 of "a subdivision of a portion of tract "A" Greynolds Park Gardens", according to the plat thereof, as recorded in plat book 55, page 57 of the public records of Miami/Dade county, Florida, being more particularly described as follows:

Begin at the southeast corner of said block 5;

Thence North 00°00'00" East along the east line of said block 5, a distance of 620.24 feet;

Thence North 17°31'43" West along the east line of said block 5, a distance of 41.70 feet;

Thence North 25°42'39" East along the easterly right-of-way line of West Dixie Highway, a distance of 29.20 feet;

Thence South 17°31'43" East, a distance of 66.04 feet;

Thence South 00°00'00" West along the west right of way line of the Florida East Coast Railway, a distance of 623.32 feet;

Thence South 90°00'00" West, a distance of 20.00 feet to the point of beginning.

Said lands situate, lying and being in Miami/Dade County, Florida; containing 126,417 square feet (2.9021 acres) more or less.

701 Avenue, Suite 3300 | Miami, FL 33131 | T 305.789.7453 | F 305.789.7799 Holland & Knight LLP | www.hklaw.com

Joseph Goldstein 305.789.7782 [email protected]

June 4, 2020

ELECTRONIC AND HAND DELIVERY

Mr. Justin Proffitt, AICP Community Development Director City of North Miami Beach 17050 N.E. 19th Ave North Miami Beach, FL 33162-3100

RE: 5 Park / LAAAJ, LLC – 16955 - 17071 West Dixie Highway, North Miami Beach Letter of Intent

Dear Mr. Proffitt:

This shall constitute our Letter of Intent on behalf of LAAAJ, LLC (the “Applicant”), in connection with the proposed site plan modification (the “Application”) for that certain ±2.90 acre parcel of land located at 16955, 17071, 17035, 17017, and 17005 West Dixie Highway in North Miami Beach (the “Property”). The Property has a land use designation of Mixed-Use Neighborhood Center, is zoned Mixed-Use Neighborhood Center District (“MU/NC”) and is subject to the Core Sub-Area standards, pursuant to section 28.53(G) of the City’s Code. The Applicant seeks approval of the proposed modified site plan, in accordance with that certain Development Agreement between the Applicant and the City of North Miami Beach (the “City”), recorded in Official Records Book 30628, Page 3272 of the Miami-Dade County Public Records (the “Development Agreement”).

I. Background

The “5 Park” project in connection with the Property was approved by the City Commission in 2017 pursuant to Resolution No. 2017-48 (the “Resolution”) approving the site plan for the Property (the “Approved Site Plan”), and Ordinance No. 2017-17 (the “Ordinance”). The Ordinance, together with the Resolution and Development Agreement, constitute the “Project Approvals.” The Ordinance approved and authorized the execution of the Development Agreement for the project. The Project Approvals established a development program for the Property consisting of approximately 415 residential units, 72,000 square feet of gross leasable office space (50,486 net square feet), 32,000 square feet of gross leasable retail space (30,210 net square feet), and parking facilities and other accessory uses, or an equivalent combination of uses pursuant to the equivalency matrix attached as Exhibit “B” to the Development Agreement (the

5 Park – Letter of Intent June 4, 2020 Page 2

“Approved Program”). In addition, the Development Agreement provides that the Property shall be developed in accordance with the Approved Site Plan.

II. Request for Site Plan Approval

The Applicant is seeking to develop the Property with a mixed-use development consisting of an 8-story building with 364 residential dwelling units, with a mix of studios; one, two and three bedroom units, ±18,000 square feet of retail on the ground floor, a parking facility, and related amenities. The parking garage, consisting of 548 parking spaces, has been lined with units to screen the structure on all sides of the building.

The triangular shape of the building responds to the lot shape, and its surrounding environment. The architectural design provides visibility to the street from all its sides, which will allow the future residents to take advantage of the surrounding environment and City and park views. In addition, a series of plazas and gardens along West Dixie Highway have been created to promote pedestrian activity and provide the site with a lush and refreshing landscape design. The project has been designed to provide an iconic and elegant style of architecture which is born from the site and transforms on its own through the façade and soft corners of the building. The traditional style of architecture with hints of modern features bring this structure to life and creates a timeless development. The design will serve as a catalyst to spur additional development in this corridor.

The project’s mixed-use frontage along West Dixie Highway contains approximately 9,100 square feet of amenities activating the ground level, and including a lobby, leasing office, mail and package room, as well as residential stoops directly connecting to West Dixie Highway. The building amenities also include, but are not limited to, an 8,600 square-foot resort style pool courtyard, state-of-the-art fitness center, club/multi-purpose rooms, and demo kitchen area. The retail space is strategically located at the north corner of the building and features extensive glazing to promote the activation of West Dixie Highway. The main lobby entrance to the residential building fronts the south end at West Dixie Highway, and the public and private spaces create a continuous interaction with the street. The proposed placement of all service areas within the building along the east access drive will minimize any potential noise, visual, or odor impacts.

The proposed redevelopment is a result of the various changes in the market, and has been thoughtfully redesigned to address the current market demands in the area. This request is being made pursuant to Sections 3.12 and 13 of the Development Agreement, which read, in relevant part, as follows:

Section 3.12:

An insubstantial or minor modification of this program may be modified administratively by the City pursuant to section 24-l 76(B) of the City Code. A change that would result in an equivalent combination of uses ("Equivalent Program") as set forth in the attached land use equivalency matrix attached as Exhibit B ("Equivalency Matrix") may be allowed without the need to amend this Agreement, provided that a substantial

2 #75237035_v4 5 Park – Letter of Intent June 4, 2020 Page 3

modification to the Site Plan referenced in Paragraph 3.23 of this Agreement reflecting the Equivalent Program is approved after public hearing, so long as said combination of uses complies with the Comprehensive Plan, pursuant to section 163.3227(1)(f), Florida Statutes (2016), and that residential portion of the program shall not exceed 500 dwelling units. Modifications of this Development Program that are not in accordance with and are in excess of the attached Equivalency Matrix, or provide for more than 500 dwelling units shall require amendment of this Agreement and two public hearings pursuant to section 163.3225, Florida Statutes (2016).

Section 13:

Any modification of the Site Plan shall be approved so long as the site development criteria within the Development subject to the Site Plan are in compliance with the Project Approvals and are generally consistent with the terms contained in this Agreement. If it is found during the review that said modifications to the Site Plan are substantial and that the proposed Development does not substantially comply with the Project Approvals,1 the Developer shall either revise the Site Plan to so substantially comply or request approval of the deviation of the City Commission as provided in the Land Development Regulations.

The proposed modification to the Approved Site Plan is substantially in compliance with the terms of the Project Approvals, and will not result in any adverse impacts to the adjacent properties. In fact, the proposed development results in a significant reduction in number of dwelling units, retail, and office space—no office is contemplated as part of the development. In addition, the development program contemplated in the proposed site plan is expected to result in a reduction of trips, when compared to the approved development program established in the Project Approvals. A copy of the updated Trip Generation Analysis, as prepared by Richard Garcia & Associates, Inc. will be provided under separate cover.

It is also important to note that the existing development on the Property, consisting of retail and office space, with associated parking lot, predates the existing zoning regulations, and, as such, is deemed compliant, and grandfathered from the Mixed-Use District regulations. Therefore, neither the Project Approvals nor this Application, shall hinder the Applicant’s ability to renovate, improve, and/or maintain the existing development on the Property.

Based on the foregoing, we ask for your favorable review of this Application. Thank you in advance for your considerate attention to this matter. Should you have any questions or require additional information, please contact me directly.

1 The development agreement defines the project approvals as “the development order issued by the city for the development of the project.” The term “development order” is further defined as “the order granting, denying, or granting with conditions an application for a development permit, including the site plan, and shall include resolution no. 2017-48, as may be amended by the city from time to time.”

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Very truly yours,

HOLLAND & KNIGHT LLP

Joseph G. Goldstein

Enclosures

Cc: Sharon Cino, Planning & Zoning Manager Alan Macken Monte I. Greenberg

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CITY OF NORTH MIAMI BEACH REGISTERED LOBBYIST 2020

DATE LOBBYIST PRINCIPAL REGISTERED

JENNIFER FINE 12/6/19 15699 W. DIXIE HIGHWAY, LLC BILZIN SUMBERG 17070 , Suite 255 1450 , Suite 2300 Sunny Isles, FL 33160 Miami, FL 33131 SPECIFIC ISSUE: Zoning Analysis on Property Located at 15699 W. Dixie Hwy, North Miami Beach, FL

STANLEY B. PRICE 12/9/19 15699 W. DIXIE HIGHWAY, LLC BILZIN SUMBERG 17070 Collins Avenue, Suite 255 1450 Brickell Avenue, Suite 2300 Sunny Isles, FL 33160 Miami, FL 33131 SPECIFIC ISSUE: Zoning Analysis on Property Located at 15699 W. Dixie Hwy, North Miami Beach, FL

CARTER N. McDOWELL 12/19/19 N/A BILZIN SUMBERG 1450 Brickell Avenue, Suite 2300 Miami, FL 33131

CARLY GRIMM 12/19/19 N/A BILZIN SUMBERG 1450 Brickell Avenue, Suite 2300 Miami, FL 33131

ARTHUR GALLAGHER 12/19/19 DEZER INTRACOASTAL MALL, LLC DEZER DEVELOPMENT, LLC 18001 Collins Avenue, 31st Floor 18001 Collins Avenue, 31st Floor Sunny Isles, FL 33160 Sunny Isles, FL 33160 SPECIFIC ISSUE: Overseeing Development of Property Owned By the Principal and Its Affiliates, Including Intracoastal Mall (4/5/2019)

GIL DEZERTZOV 12/19/19 DEZER INTRACOASTAL MALL, LLC DEZER DEVELOPMENT, LLC 18001 Collins Avenue 18001 Collins Avenue, 31st Floor Sunny Isles Beach, FL 33160 Sunny Isles, FL 33160 SPECIFIC ISSUE: Redevelopment of Intracoastal Mall (8/30/2019)

CITY OF NORTH MIAMI BEACH REGISTERED LOBBYIST 2020 DATE LOBBYIST PRINCIPAL REGISTERED

MERCY ARCE 12/31/19 DEZER DEVELOPMENT, LLC HOLLAND & KNIGHT, LLP 18001 Collins Avenue 701 Brickell Avenue, Suite 3300 Sunny Isles, FL 33160 Miami, FL 33131 SPECIFIC ISSUE: Redevelopment of Intracoastal Mall (12/31/2018)

6/4/20 LAAAJ, LLC 17071 West Dixie Highway North Miami Beach, FL 33160

SPECIFIC ISSUE: LAAAJ Modification

JOSEPH G. GOLDSTEIN 12/31/19 LAAAJ LLC HOLLAND & KNIGHT, LLP 17071 West Dixie Highway 701 Brickell Avenue, Suite 3300 North Miami Beach, FL 33160 Miami, FL 33131 SPECIFIC ISSUE: Mixed Use Project Land Use (5/14/2019)

4/24/20 MCC-REI, LLC 17071 West Dixie Highway North Miami Beach, FL 33160

SPECIFIC ISSUE: Eastern Shores Townhome Approval (a.k.a. Koya Bay Townhomes)

TRACY SLAVENS 12/31/19 LAAAJ LLC HOLLAND & KNIGHT, LLP 17071 West Dixie Highway 701 Brickell Avenue, Suite 3300 North Miami Beach, FL 33160 Miami, FL 33131 SPECIFIC ISSUE: Mixed Use Project Land Use (5/14/2019)

12/31/20 DEZER DEVELOPMENT, LLC 18001 Collins Avenue Sunny Isles, FL 33160

SPECIFIC ISSUE: Redevelopment of Intracoastal Mall (5/14/2019)

CITY OF NORTH MIAMI BEACH REGISTERED LOBBYIST 2020 DATE LOBBYIST PRINCIPAL REGISTERED

VANESSA MADRID 12/31/19 DEZER DEVELOPMENT, LLC HOLLAND & KNIGHT, LLP 18001 Collins Avenue 701 Brickell Avenue, Suite 3300 Sunny Isles, FL 33160 Miami, FL 33131 SPECIFIC ISSUE: Redevelopment of Intracoastal Mall (5/14/2019)

4/24/20 MCC-REI, LLC 17071 West Dixie Highway North Miami Beach, FL 33160

SPECIFIC ISSUE: Eastern Shores Townhome Approval (a.k.a. Koya Bay Townhomes)

6/4/20 LAAAJ, LLC 17071 West Dixie Highway North Miami Beach, FL 33160

SPECIFIC ISSUE: LAAAJ Modification

KELLY MALLETTE 1/3/20 DEZER DEVELOPMENT RONALD L. BOOK, P.A. 18001 Collins Avenue, 31st Floor 18851 NE 29th Avenue, Suite 1010 Sunny Isles Beach, FL 33160 Aventura, FL 33180 SPECIFIC ISSUE: Redevelopment of Intracoastal Mall (7/26/2019)

1/3/20 PRESTIGE MOTOR CAR IMPORTS, LLC 14800 Biscayne Blvd. North Miami Beach, FL 33181

SPECIFIC ISSUE: General Business/Automobile Dealer Issues

1/3/20 DEZER DEVELOPMENT 18001 Collins Avenue, 31st Floor Sunny Isles Beach, FL 33160

SPECIFIC ISSUE: Redevelopment of Intracoastal Mall (7/26/2019)

CITY OF NORTH MIAMI BEACH REGISTERED LOBBYIST 2020 DATE LOBBYIST PRINCIPAL REGISTERED

RONALD L. BOOK 1/3/20 7-ELEVEN RONALD L. BOOK, P.A. 800 Trafalgar Court, Suite 360 18851 NE 29th Avenue, Suite 1010 Maitland, FL 32751 Aventura, FL 33180 SPECIFIC ISSUE: Retail Store

1/3/20 PRESTIGE MOTOR CAR IMPORTS, LLC 14800 Biscayne Blvd. North Miami Beach, FL 33181

SPECIFIC ISSUE: General Business/Automobile Dealer Issues

1/3/20 DEZER DEVELOPMENT 18001 Collins Avenue, 31st Floor Sunny Isles Beach, FL 33160

SPECIFIC ISSUE: Redevelopment of Intracoastal Mall (7/26/2019)

RANA G. BROWN 1/3/20 7-ELEVEN RONALD L. BOOK, P.A. 800 Trafalgar Court, Suite 360 18851 NE 29th Avenue, Suite 1010 Maitland, FL 32751 Aventura, FL 33180 SPECIFIC ISSUE: Retail Store

JEFFREY BERCOW 1/3/20 BIZZI & PARTNERS DEVELOPMENT BERCOW RADELL FERNANDEZ 55 East 59th Street, 24th Floor & LARKIN, PLL New York, NY 10022 200 South Biscayne Blvd., Suite 850 Miami, FL 33131 SPECIFIC ISSUE: Land Use, Zoning & Permitting Matter For 2101-2151 NE 163rd Street, North Miami Beach, Florida (4/22/19)

1/3/20 DIXIE INVEASTMENTS AND REALTY, LLC AND ROE DIXIE, LLC 571 West 183rd Street New York, NY 10033

SPECIFIC ISSUE: Land Use, Zoning And Permitting For 17400 West Dixie Hwy, North Miami Beach (7/25/19)

1/10/20 TORAS EMES DEVELOPMENT COMPANY, INC. CITY OF NORTH MIAMI BEACH REGISTERED LOBBYIST 2020 DATE LOBBYIST PRINCIPAL REGISTERED 1051 North Miami Beach Blvd. North Miami Beach, FL 33162

SPECIFIC ISSUE: Land Use, Zoning and Permitting For 1099 NE 164th Street and 16415 NE 11th Avenue, North Miami Beach, FL (8/6/19)

5/14/20 CEO CONTRACT 340 Jefferson Avenue New Castle, DE 19720

SPECIFIC ISSUE: Development Approvals for the Property Located at 16300 NE 19th Avenue, North Miami Beach

GREGORY FONTELA 1/3/20 BIZZI & PARTNERS DEVELOPMENT BERCOW RADELL FERNANDEZ 55 East 59th Street, 24th Floor & LARKIN, PLLC New York, NY 10022 200 South Biscayne Blvd., Suite 850 Miami, FL 33131 SPECIFIC ISSUE: Land Use, Zoning & Permitting Matter For 2101-2151 NE 163rd Street, North Miami Beach, Florida (4/22/19)

1/3/20 DIXIE INVEASTMENTS AND REALTY, LLC AND ROE DIXIE, LLC 571 West 183rd Street New York, NY 10033

SPECIFIC ISSUE: Land Use, Zoning And Permitting For 17400 West Dixie Hwy, North Miami Beach (7/25/19)

1/10/20 TORAS EMES DEVELOPMENT COMPANY, INC. 1051 North Miami Beach Blvd. North Miami Beach, FL 33162

SPECIFIC ISSUE: Land Use, Zoning and Permitting For 1099 NE 164th Street and 16415 NE 11th Avenue, North Miami Beach, FL (8/6/19)

5/14/20 CEO CONTRACT 340 Jefferson Avenue New Castle, DE 19720

CITY OF NORTH MIAMI BEACH REGISTERED LOBBYIST 2020 DATE LOBBYIST PRINCIPAL REGISTERED SPECIFIC ISSUE: Development Approvals for the Property Located at 16300 NE 19th Avenue, North Miami Beach

MITCHELL H. EDELSTEIN 1/9/20 BIZZI & PARTNERS DEVELOPMENT STRATEGIC CAMPAIGN 55 East 59th Street, 24th Floor CONSULTANTS, INC. New York, NY 10022 7524 Adventure Avenue North Bay Village, FL 33141 SPECIFIC ISSUE: Land Use, Zoning & Permitting Matter For 2101-2151 NE 163rd Street, North Miami Beach, Florida (5/16/19)

1/9/20 DIXIE INVEASTMENTS AND REALTY, LLC AND ROE DIXIE, LLC 571 West 183rd Street New York, NY 10033

SPECIFIC ISSUE: Land Use, Zoning And Permitting For 17400 West Dixie Hwy, North Miami Beach (7/25/19)

1/9/20 TORAS EMES DEVELOPMENT COMPANY, INC. 1051 North. Miami Beach Blvd. North Miami Beach, FL 33162

SPECIFIC ISSUE: Land Use, Zoning and Permitting For 1099 NE 164th Street and 16415 NE 11th Avenue, North Miami Beach, FL (8/6/19)

2/10/20 PLATINUM SOUTH 2355 NE 163rd Street North Miami Beach, FL 33160

SPECIFIC ISSSUE: General Representation Of Client And After Hours License (1/9/19)

MATTHEW AMSTER 1/10/20 TORAS EMES DEVELOPMENT BERCOW RADELL FERNANDEZ & COMPANY, INC. LARKIN, PLLC 1051 North Miami Beach Blvd. 200 South Biscayne Blvd., Suite 850 North Miami Beach, FL 33162 Miami, FL 33131 SPECIFIC ISSUE: Land Use, Zoning and Permitting For 1099 NE 164th Street and 16415 NE 11th Avenue, North Miami Beach, FL (8/6/19) CITY OF NORTH MIAMI BEACH REGISTERED LOBBYIST 2020 DATE LOBBYIST PRINCIPAL REGISTERED

STEVEN DELLA SALLA 1/10/20 BIZZI & PARTNERS DEVELOPMENT BIZZI & PARTNERS DEVELOPMENT 55 East 59th Street, 24th Floor 55 East 59th Street, 24th Floor New York, NY 10022 New York, NY 10022 SPECIFIC ISSUE: Land Use, Zoning & Permitting Matter For 2101-2151 NE 163rd Street, North Miami Beach, Florida (7/30/19)

VICTOR YUE 1/10/20 BIZZI & PARTNERS DEVELOPMENT DORSKY + YUE INTERNATIONAL, LLC 55 East 59th Street, 24th Floor 101 NE 3rd Avenue, Suite 500 New York, NY 10022 Fort Lauderdale, FL 33301 SPECIFIC ISSUE: Land Use, Zoning & Permitting Matter For 2101-2151 NE 163rd Street, North Miami Beach, Florida

MICHAEL J. SNYDER 1/17/20 SKY LAKE SYNAGOGUE, INC. MICHAEL J. SNYDER & A Florida Not For Profit Corporation ASSOCIATES, P.A. c/o EDUARDO NIKOLAYIEVSKY 4000 Hollywood Blvd., Suite 455-S 1850 NE 183rd Street Hollywood, FL 33021 North Miami Beach, FL 33179

SPECIFIC ISSUE: Rezoning of Property; Unity of Title; Possible Site Plan Approval (2/5/19)

1/17/20 JOSE GABRIEL OLEKSNIANSKY 3261 NE 165th Street North Miami Beach, FL 33160

SPECIFIC ISSUE: Possible Variance For Construction Of Backyard Deck

4/29/20 R-GEM, LLC, a FLORIDA LIMITED LIABILITY COMPANY 1100 NE 163rd Street, 2nd Floor North Miami Beach, FL 33162

SPECIFIC ISSUE: To Finalize Matter for R- GEM, LLC with City and for Client to Receive Monies Due Under the Grant Agreement

JAVIER L. VAZQUEZ 1/21/20 ECHAD HOLDINGS BERGER SINGERMAN LLP 930 NE 176th Street 1450 Brickell Avenue, Suite 1900 North Miami Beach, FL 33162 CITY OF NORTH MIAMI BEACH REGISTERED LOBBYIST 2020 DATE LOBBYIST PRINCIPAL REGISTERED Miami, FL 33131 SPECIFIC ISSUE: Proposed Mixed Use Development

1/21/20 CK PRIVE GROUP 1800, LLC 1200 Brickell Avenue, Suite 1200 Miami, FL 33131

SPECIFIC ISSUE: Proposed Modifications to Uptown Biscayne Project

1/27/20 ECS BUSINESS SERVICES THOMAS H. ROBERTSON 5050 Biscayne Blvd., Suite 201 BERCOW RADELL FERNANDEZ & Miami, FL 33137 LARKIN, PLLC

200 South Biscayne Blvd., Suite 850 SPECIFIC ISSUE: City Of North Miami Miami, FL 33131 Beach Water Restriction Charges

1/28/20 MARBY DEVELOPMENT, LLC LYNN M. DANNHEISSER 21188 West Dixie Highway LYNN M. DANNHEISSER, LLC Miami, FL 33180 3152 Gifford Lane Miami, FL 33133 SPECIFIC ISSUE: Site Plan Approval 1904 NE 167th Street

1/28/20 ERIC POWERS DANIEL P. SPARKS 3494 Martin Hurst Road TRULIEVE Tallahassee, FL 32313 3494 Martin Hurst Road Tallahassee, FL 32313 SPECIFIC ISSUE: Conditional Use Application

1/30/20 TORAS EMES DEVELOPMENT COMPANY, INC. ZEV (LUCAS) B. ROTH 1051 North Miami Beach Blvd YESHIVA TORAS CHAIM TORES EMES North Miami Beach, FL 33162 1025 NE Miami Gardens Drive North Miami Beach, FL 33179 SPECIFIC ISSUE: Land Use, Zoning And Permitting For 1099 NE 164 Street And 16415 NE 11th Avenue, North Miami Beach, FL

ALAN S. MACKEN 2/5/20 ALAN S. MACKEN MACKEN COMPANIES, INC. 17071 West Dixie Highway 17071 West Dixie Highway North Miami Beach, FL 33160 North Miami Beach, FL 33160

CITY OF NORTH MIAMI BEACH REGISTERED LOBBYIST 2020 DATE LOBBYIST PRINCIPAL REGISTERED SPECIFIC ISSUE: Eastern Shores Town Home Approval

6/29/2020 LAAAJ, LLC 17071 West Dixie Highway North Miami Beach, FL 33160

SPECIFIC ISSUE: 5 Park Site Plan Modification

2/5/20 ALAN S. MACKEN MONTE I. GREENBERG 17071 West Dixie Highway MACKEN COMPANIES, INC. North Miami Beach, FL 33160 17071 West Dixie Highway North Miami Beach, FL 33160 SPECIFIC ISSUE: Eastern Shores Town Home Approval

6/29/20 LAAAJ, LLC 17071 West Dixie Highway North Miami Beach, FL 33160

SPECIFIC ISSUE: 5 Park Site Plan Modification

2/7/20 GRESHAM, SMITH AND PARTNERS DAMIAN E. THOMASON Two Alhambra Plaza, Suite 1200 D.E.T. STRATEGIC SONSULTANTS, LLC Coral Gables, FL 33134 1591 Passion Vine Circle Weston, FL 33326 SPECIFIC ISSUE: Plat Processing For Jackson Hospital Plat

2/21/20 THE ESTATE COMPANIES

6201 SW 70th Street JORGE L. NAVARRO South Miami, FL 33143 GREENERG TRAURIG, P.A.

333 SE 2nd Avenue, 44th Floor SPECIFIC ISSUE: Modification of Miami, FL 33131 Development Approvals for 16395 Biscayne

Boulevard (Resolution No. R2015-09)

3/4/20 BISCAYNE COVE, LLC 10 NW 42nd Avenue, Suite 700 Miami, FL 33126

SPECIFIC ISSUE: Modification Of Development Approvals

CITY OF NORTH MIAMI BEACH REGISTERED LOBBYIST 2020 DATE LOBBYIST PRINCIPAL REGISTERED

2/21/20 THE ESTATE COMPANIES

6201 SW 70th Street ETHAN B. WASSERMAN South Miami, FL 33143 GREENERG TRAURIG, P.A.

333 SE 2nd Avenue, 44th Floor SPECIFIC ISSUE: Modification of Miami, FL 33131 Development Approvals for 16395 Biscayne

Boulevard (Resolution No. R2015-09)

3/4/20 BISCAYNE COVE, LLC 10 NW 42nd Avenue, Suite 700 Miami, FL 33126

SPECIFIC ISSUE: Modification Of Development Approvals

2/26/20 ARCH CREEK ANIMAL CLINIC, LLC RICHARD A. GOLDEN 15330-15346 West Dixie Highway KRAMER, GOLDEN & BROOK, P.A. North Miami Beach, FL 33162 12000 Biscayne Blvd., Suite 303 Miami, FL 33181 SPECIFIC ISSUE: Variance For Above Real Property

2/27/20 RANDALL E. STOFFT DURANTE W. DONALD 42 North Swinton Avenue, Suite #1 RANDALL STOFFT ARCHITECTS Delray Beach, FL 33437 42 North Swinton Avenue, Suite #1

Delray Beach, FL 33437 SPECIFIC ISSUE: Koya Bay Townhomes

3/4/20 DEZER DEVELOPMENT JOVANY CHEDIAK 18001 Collins Avenue, 31st Floor ENEA GARDEN DESIGN Sunny Isles Beach, FL 33160 7500 NE 4th Court, Studio 104 Miami, FL 33138 SPECIFIC ISSUE: Redevelopment of Intracoastal Mall

3/4/20 DEZER DEVELOPMENT SHERRY GONZALEZ 18001 Collins Avenue, 31st Floor ENEA GARDENS DESIGN Sunny Isles Beach, FL 33160 7500 NE 4th Court, Studio 104 Miami, FL 33138 SPECIFIC ISSUE: Redevelopment of Intracoastal Mall

BRYAN HARRISON 3/4/20 DEZER DEVELOPMENT ENEA GARDENS DESIGN 18001 Collins Avenue, 31st Floor 7500 NE 4th Court, Studio 104 Sunny Isles Beach, FL 33160 CITY OF NORTH MIAMI BEACH REGISTERED LOBBYIST 2020 DATE LOBBYIST PRINCIPAL REGISTERED Miami, FL 33138 SPECIFIC ISSUE: Redevelopment of Intracoastal Mall

3/9/20 SHOTSPOTTER ALEX R. ALAMO 7979 Gateway Blvd. BECKER & POLIAKOFF, P.A. Newark, CA 94560 121 Alhambra Plaza, 10th Floor

Coral Gables, FL 33134 SPECIFIC ISSUE: Gun Violence Detention

3/9/20 SHOTSPOTTER JOSE K. FUENTES 7979 Gateway Blvd. BECKER & POLIAKOFF, P.A. Newark, CA 94560 121 Alhambra Plaza, 10th Floor

Coral Gables, FL 33134 SPECIFIC ISSUE: Gun Violence Detention

3/12/20 CH2M HILL, INC (NOW KNOWN AS ANDREJ MICOVIC JACOBS ENGINEERING GROUP) BILZEN SUMBERG BAENA PRICE & 3150 SW 38th Avenue, Suite 700 AXELROD, LLP Miami, FL 33146 1450 Brickell Avenue, Suite 2300 Miami, FL 33131 SPECIFIC ISSUE: Contract Maintenance Issues (2/7/18)

3/12/20 CH2M HILL, INC (NOW KNOWN AS ALBERT E. DOTSON, JR. JACOBS ENGINEERING GROUP) BILZEN SUMBERG BAENA PRICE & 3150 SW 38th Avenue, Suite 700 AXELROD, LLP Miami, FL 33146 1450 Brickell Avenue, Suite 2300 Miami, FL 33131 SPECIFIC ISSUE: Contract Maintenance Issues (2/16/18)

3/12/20 CH2M HILL, INC (NOW KNOWN AS ERIC SINGER JACOBS ENGINEERING GROUP) BILZEN SUMBERG BAENA PRICE & 3150 SW 38th Avenue, Suite 700 AXELROD, LLP Miami, FL 33146 1450 Brickell Avenue, Suite 2300 Miami, FL 33131 SPECIFIC ISSUE: Contract Maintenance Issues (2/16/18)

3/16/20 WILLY A. BERMELLO DAISY FERNANDEZ 2601 South Bayshore Drive, Suite 1000 BERMELLO, AJAMIL & PARTNERS, INC. Miami, FL 33133 2601 South Bayshore Drive, Suite 1000

Miami, FL 33133 SPECIFIC ISSUE: Project Located on NE

164 ST. & 19th Avenue CITY OF NORTH MIAMI BEACH REGISTERED LOBBYIST 2020 DATE LOBBYIST PRINCIPAL REGISTERED

WILLY A. BERMELLO 3/16/20 WILLY A. BERMELLO 2601 South Bayshore Drive, Suite 1000 2601 South Bayshore Drive, Suite 1000 Miami, FL 33133 Miami, FL 33133

SPECIFIC ISSUE: Project Located on N.E. 164th ST. & 19th Avenue

GRANT J. SMITH 4/28/20 THE HERTZ CORPORATION STRATEGYSMITH, P.A. 8501 Williams Road 401 East Las Olas Blvd., Suite 130-120 Estero, FL 33928 Fort Lauderdale, FL 33301 SPECIFIC ISSUE: Conditional Use at 295 NE 167th Street

MICHAEL J. MARRERO 4/29/20 DIXIE INVESTMENTS AND REALTY, BERCOW RADELL FERNANDEZ LARKIN LLC AND ROE DIXIE, LLC & TAPANES, PLLC 571 West 183rd Street 200 South Biscayne Blvd., Suite 850 New York, NY 10033 Miami, FL 33131 SPECIFIC ISSUE: Land Use, Zoning, and Permitting for 17400 West Dixie Highway, North Miami Beach

JASON P. NEAL 5/22/20 WASTE MANAGEMENT INC. OF WASTE MANAGEMENT INC. OF FLORIDA FLORIDA 3401 NW 110th Street 3401 NW 110th Street Miami, FL 33167 Miami, FL 33167

SPECIFIC ISSUE: Solid Waste & Recycling

EVAN ROSS 6/1/20 OLETA PARTNERS (AKA SoLe Mia) PUBLIC COMMUNICATORS GROUP 15055 Biscayne Blvd. 17301 Biscayne Blvd., Suite 2105 North Miami, FL 33181 North Miami Beach, FL 33160 SPECIFIC ISSUE: Any And All Matters To SoLe Mia And Its Property Located In NMB, Knows As The “Old Costco Site”

ANDREW MICHAEL WITKIN 6/1/20 LAAAJ, LLC WITKIN HULTS 17071 West Dixie Highway 307 South 21st Avenue North Miami Beach, FL 33160 Hollywood, FL 33020 SPECIFIC ISSUE: 5 Park

CITY OF NORTH MIAMI BEACH REGISTERED LOBBYIST 2020 DATE LOBBYIST PRINCIPAL REGISTERED

ALESSANDRIA SAN ROMAN 6/4/20 LAAAJ, LLC HOLLAND & KNIGHT, LLP 17071 West Dixie Highway 701 Brickell Avenue, Suite 3300 North Miami Beach, FL 33160 Miami, FL 33131 SPECIFIC ISSUE: LAAAJ Modification

RICHARD GARCIA 6/29/20 LAAAJ, LLC RICHARD GARCIA & ASSOCIATES, INC. 17071 West Dixie Highway 8065 NW 98th Street North Miami Beach, FL 33160 Hialeah, FL 33016 SPECIFIC ISSUE: 5 Park Site Plan Modification

LAAAJ, LLC LEONARDO DE CARAVALHO 6/29/20 17071 West Dixie Highway WITKIN HULTS + PARTNERS North Miami Beach, FL 33160 307 South 21st Avenue Hollywood, FL 33020 SPECIFIC ISSUE: 5 Park Site Plan Modification

GEORGE A. O’BRIEN 6/29/2020 LAAAJ, LLC MSA ARCHITECTS INC. 17071 West Dixie Highway 8950 SW 74th Court, Suite 1513 North Miami Beach, FL 33160 Miami, FL 33156 SPECIFIC ISSUE: 5 Park Site Plan Modification

BEATRIZ HERNANDEZ 6/29/20 LAAAJ, LLC MSA ARCHITECTS INC. 17071 West Dixie Highway 8950 SW 74th Court, Suite 1513 North Miami Beach, FL 33160 Miami, FL 33156 SPECIFIC ISSUE: 5 Park Site Plan Modification

ROBERT J. ROSS 6/29/20 LAAAJ, LLC ROSS ENGINEERING INC. 17071 West Dixie Highway 17670 NW 78th Avenue, Suite 214 North Miami Beach, FL 33160 Miami, FL 33015 SPECIFIC ISSUE: 5 Park Site Plan Modification

SAMIKSHA POUDEL 6/29/20 LAAAJ, LLC ROSS ENGINEERING INC. 17071 West Dixie Highway 17670 NW 78th Avenue, Suite 214 North Miami Beach, FL 33160 Miami, FL 33015

CITY OF NORTH MIAMI BEACH REGISTERED LOBBYIST 2020 DATE LOBBYIST PRINCIPAL REGISTERED SPECIFIC ISSUE: 5 Park Site Plan Modification

701 Brickell Avenue, Suite 3000 | Miami, FL 33131 | T 305.374.8500 | F 305.789.7799 Holland & Knight LLP | www.hklaw.com Memorandum

Date: August 7, 2020

To: Mr. Justin Proffitt, AICP, Community Development Director Planning and Zoning Department City of North Miami Beach

From: Joseph G. Goldstein, Esq. Vanessa Madrid, Esq.

Re: 5 Park / LAAAJ, LLC - Site Plan Modification (Item #20-10) 16955 - 17071 West Dixie Highway, North Miami Beach

Amended and Restated Responses to TRAD Comments Dated June 25, 2020

Please refer to the sections described below for the Applicant’s responses to the TRAD comments dated June 25, 2020, and as further discussed at the continuing meeting on August 4, 2020.

TABLE OF CONTENTS

Page

SECTION I. PLANNING & ZONING ...... 2 SECTION II. URBAN & ARCHITECTURAL DESIGN ...... 9 SECTION III. TRAFFIC / CONCURRENCY ...... 20 SECTION IV. UTILITIES/ ENGINEERING ...... 22 SECTION V. PUBLIC WORKS ...... 25 SECTION VI. POLICE / CPTED ...... 27 SECTION VII. SOLID WASTE ...... 29 SECTION VIII. BUILDING ...... 30

SECTION I. PLANNING & ZONING

Provide a written response to all TRAD comments in the next submission. These comments are based on the plans submitted for the June 25, 2020 TRAD.

GENERAL

1) Condominium Documents. If the residential units are proposed to be condominium, then draft documents for city review shall be required prior to the issuance of a building permit.

Response: The owner has not yet decided the form of ownership for the project. However, if it is to be developed with a condominium form of ownership, then draft condominium documents will be submitted to the City for review.

2) Provide high-quality renderings showing building design elements and final building design.

Response: Renderings illustrating the buildings’ architectural design and elements have been prepared and are enclosed. Please refer to Sheet A-3.5.

DEVELOPMENT AGREEMENT

1) In subsequent submission include Development Agreement approved by Ord. No. 2017- 7, and provide an update on items satisfied.

Response: A copy of the approved Development Agreement for the project, as recorded in Official Records Book 30628 at Page 3272 of the Public Records of Miami-Dade County, Florida (the “Development Agreement”), is enclosed with this submittal.

2) Undeveloped residential units and nonresidential space return to MU/NC district’s Basket of Rights.

Response: At this time the Developer is not contemplating eliminating any of the entitlements currently reserved under the Development Agreement that would revert back to the MU/NC District’s Basket of Rights. The approved development program is intended to lock in the maximum permitted development on the Property. The subject Application for a site plan modification, permitted under Sections 13 and 14 of the Development Agreement, is in compliance with the approved development program.

3) Confirm property has been re-platted to include Alley Vacation and recorded as per DA.

Response: The property is in the process of being re-platted as recorded in the Development Agreement and as approved pursuant to City Resolution 2017-67.

4) The following shall be incorporated into the Site Plan modification:

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A. West Dixie Highway Improvements between easement and NE 172 ST

B. Public Parking Spaces. 41 spaces of shall be incorporated into the Development Program and shall be located within the lowest two floors of the garage and shall be accessible to general public.

Response: The items above have been incorporated into the Site Plan. Please refer to Sheet SP-1.

SITE PLAN

1) Provide the following site plan sheets:

A. Site Management Plan and a Temporary Construction Fencing Plan

B. Architectural Elements and Finishes

C. ROW Improvements

Response: Please refer to Sheets SP-2, A-3.3, SP-1, respectively.

OPEN SPACES AND URBAN GREENWAY SYSTEM

1) Provide details for street furnishings, such as benches, trash receptacles, bike racks, drinking water fountains, etc. All street furniture shall be subject to the approval of the City.

Response: Please refer to Sheet A-3.4 for site details.

2) Figure MU/NC-3 Designated Publicly Accessible Open Spaces and Greenway Systems Regulating Plan

A. On Site Plan show Designated Trail at the rear of the property

B. New Designated Publicly Accessible Space

i. Shall be four thousand eight hundred (4,800) square feet unless otherwise specified in the zoning district. Include dimension on Site Plan.

ii. Plans indicate Plaza configuration: shall comply with Plaza requirements in Sec. 24-55(L)(4)(b).

Response: Plans have been revised to include a designated trail at the rear of the Property and show compliance with the plaza configuration requirements. Please refer to Sheets SP-1.

3) Pedestrian Passageway required adjacent to south property line. Pedestrian passageways are open space that provides a pedestrian-only cross-block connection from two (2) or more public rights-of-way or public spaces. It is also required as the periphery of the site fronting

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on a public-right-of way shall be improved by the provisions of sidewalks, streetlights, street furniture and street trees, and other elements, covering the entire area from the face of curb to face of the building. Show the location of any proposed ROW improvements.

Response: Noted. The plans have been revised provide the required pedestrian passageways. Please refer to Sheets SP-1 and A-2.1.

ON-SITE PARKING

1) It appears required retail parking is pulling from the residential parking to be provided. Each use shall provide for its required parking. There is a deficit of 77 Parking Spaces that shall be provided on-site.

Response: The parking calculation table has been revised to clearly show compliance with required parking for the residential and retail uses, as well as the 41 publically accessible parking spaces. The project provides a total of 573 parking spaces, where a minimum of 449 spaces are required. Thus, there is a surplus of 124 spaces. Please refer to Sheet SP-1.

2) Garage Entrance does not comply. Garages accessed from a Primary Street shall only have one point of access to the garage.

A. Show width of entrances and exits to garage parking. Openings off any street shall not exceed 24 FT. or 2 lanes (Alley openings exempt).

B. A change of tactile surface texture shall be installed along sidewalk portion of garage entrance/exit. Shown on site plan.

Response: The proposed access to the garage entrance is in the same general location and has the same general configuration as the garage entrance shown in the previously approved 2017 site plan. The enclosed plans show the width of entrances and exits to garage parking, and, except for alley openings, openings to any street do not exceed 24 feet, or two (2) lanes. In addition, the plans contemplate a different tactile surface texture along the portion of the sidewalk at the garage entrance/exit. Please refer to Please refer to Sheet SP-1.

3) Bicycle Parking. Show location of bicycle racks for retail and for residential uses.

Response: Secured bicycle paring for residents will be provided on the ground floor inside the garage (22 racks) and outside the garage near the lobby (3 racks). In addition, 5 racks for the retail are provided on the northern portion of the project along the Dixie Highway frontage. Please refer to Sheets SP-1 and A-2.1.

4) Electric Car Charging Stations are encouraged within the garage.

Response: Two (2) electric vehicle parking spaces are provided on first level of garage. Please refer to Sheets A-2.1 through A-2.3.

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LANDSCAPE STANDARDS

1) Within Landscape Date Table, identify Required Trees. Show compliance with the following: a maximum of twenty-five (25%) percent of all required trees shall be of a palm species.

Response: The landscape plan shows compliance with a maximum of 25% of all required trees to be of the palm species. Please refer to Sheet L-1.

2) Dimension all landscape areas, as well as tree grates, at min. shall be 5 FT. x 5 FT. and sized appropriately for each tree species at maturity.

Response: The hardscape plan dimensions the landscape areas. The hardscape plan and landscape plan dimension the ADA compliant tree grates at 5’ x 5’. Please refer to Sheets HS-1, HS-2, HS-3, L-1 and L-2.

3) Sight Visibility. Show the sight visibility triangles on the site plan and landscape plan. The two (2) equal sides of the triangular area shall be fifteen (15) feet in length. Trees having over six (6) feet of clear trunk with limbs and foliage trimmed in such a manner as not to extend into the vision clearance area shall be permitted, provided they in no way create a traffic hazard.

Response: A 15’ x 15’ site visibility triangle is shown on the landscape plan. There are no trees placed within the visibility triangle to cause any conflict. A note has been added to ensure any tree material in close proximity is maintained so no limbs or foliage extend into the vision clearance area. Please refer to Sheets SP-1, L-1, and L- 2.

DESIGN STANDARDS

1) Architectural Treatments. Provide a plan sheet showing architectural elements and finishes proposed. Architectural treatments shall be provided through a combination of at least two or more treatments as outlined in the MU District Regulations.

A. Provide material description, colors, manufacturer cut sheets of the balconies railing, fencing, and gates

B. Include building paint colors, finishes for fenestrations, any material or textures applied to exterior, etc.

Response: A plan sheet providing details and character images of proposed materials, color schemes, and finishes has been prepared and included with this submittal. Please refer to Sheet A-3.4.

2) Ground Floor Active Use. Show compliance with active use requirements:

A. Dimension ground floor areas lining the garage.

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Response: Dimensions have added at the ground floor areas. Please refer to Sheet SP-1.

B. Retail Storefronts shall have a transparent clear glazed area of not less than seventy (70) percent of the façade area. All glazing shall be of a type that permits view of human activities and spaces within the structure. Mirror type glass shall be prohibited

Response: Storefront glazing proposed meets the minimum required. Please refer to Elevations Sheet A-3.1.

C. Ground floor window sills shall be placed at a maximum height of twenty-four (24) inches above grade; and except for storefronts, a minimum of thirty (30) percent of all ground floor street walls shall be fenestrated with windows. Show dimensions on elevations.

Response: The plans will comply with this requirement. Please refer to note on Sheets A-3.1, A-3.2 and A-3.3.

3) Block Requirements. Exceeds max length for sides, but complies with perimeter max of 1900 FT.

Response: The Property configuration is (a) grandfathered, and (b) already defined by the regulating plan. In addition, please note that all sides are defined by public property or right of way, as follows:

 West – Right of Way for West Dixie  South- Snyder Park and access easement  East – Florida East Coast ROW

Lastly, it is important to emphasize that the proposed site plan modification does not affect the block length, which was approved pursuant to the 2017 site plan approval, and accompanying Development Agreement. Nevertheless, the proposed plan contemplates a physical break in the block length by means of the private driveway, which bifurcates the property into the north block and south block. All sides of blocks north and south are in compliance with the block length requirements. with Please refer to diagram below, also provided on Sheet SP-1.

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4) Building Length. Building exceeds maximum building length of 300 FT (prop. 307’ 3”).

Response: As discussed during the virtual meeting held on July 2, 2020, the plans have been revised to comply with the maximum building length requirement of Section 25- 48 (S)(1)(a).

5) Waivers. In Letter of Intent request administrative waiver for liner building lot standards, particularly for lot width and lot depth.

Response: As discussed during the virtual meeting held on July 2, 2020, no waivers are contemplated with this Application. The plans have been revised to address the active use liners through the implementation of residential architectural features, including glazing on the ground floor, balcony and awning treatment on the second floor, and window treatments on all other upper levels. Please see revised building elevation of West Dixie on Sheet A-3.1.

PROJECTIONS AND ENCROACHMENTS

1) Clarify location of any awnings/canopies/balconies on Site Plan. Include the following details:

A. Show vertical clearance from the sidewalk elevation, the horizontal projection, and dimensions for each.

B. The type of awning used. Its form, materials and color shall be consistent with the design character of the building. Vinyl and plastic awnings are prohibited unless treated in a manner so as to appear similar to canvas or other natural materials in texture and color

C. Porches have a minimum horizontal projection of 8 FT. plans show 5 FT. for porches and screened porches.

D. Be advised canopies, colonnades and roofs shall be guttered, and drainage shall be deposited on-site.

Response: The plans have been revised to show dimensions for the vertical clearance from the sidewalk elevation, and the horizontal projection. Note that no porches are proposed. Instead, these are residential patios which comply with the Land Development Regulations. The awnings will be consistent with the design and character of the building, and all materials will be thoughtfully selected to enhance the project. The project has been designed to provide adequate on-site drainage and all canopies, colonnades and roofs will be guttered. Please refer to Sheet SP-1 for details.

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LIGHTING STANDARDS

1) All existing above-ground utilities shall be relocated underground.

Response: Acknowledged.

2) All required illumination shall be controlled by automatic devices and shall be so oriented as to prevent any direct glare or nuisance of any kind on or to adjacent properties or public right-of-way

Response: Acknowledged. Please refer to the lighting plan on Sheet L-1.1, L-1.2, and L-1.3.

3) Provide details for light poles. Shall be of a consistent architectural style and shall complement the predominant architectural theme of the project.

A. All lighting shall be weather and vandal resistant (i.e., resistant to graffiti, shattering etc.).

B. All lighting shall be constructed from steel, cast iron, spun aluminum, colored concrete or granite.

Response: Noted. Please refer to the lighting plan on Sheet L-1.1, L-1.2, and L-1.3.

SIGNAGE

1) Include a plan sheet show conceptual signage and how it will fit within the proposed facades. Signage shall not interfere with door and window openings, conceal architectural details or obscure the composition of the facade where they are located.

Response: A plan sheet with conceptual exterior signage is enclosed with this submittal. Please refer to Sheet A-3.1.

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SECTION II. URBAN & ARCHITECTURAL DESIGN

Professional Opinion Evaluation

Undoubtedly the building form design responds to the triangular form of the site and creates an attractive recreational open space on the south side of the property and another over the retail area on West Dixie Highway. The parking structure is hardly visible from West Dixie Highway and totally covered by residential units on the east side towards the FEC ROW.

The individual residential units are well designed, appear livable and attractive. The elevations are well presented.

There are various issues raised by the Urban Design Review as outlined in the EXCEL table submitted by Joshua Rak of Bermello Ajamil. Among these are:

1. Too Long a Façade – As indicated in the Code “Building Length. The maximum horizontal dimension of a building shall be three hundred (300) feet” - The east façade of the building, while broken at the ground level by the entrance to the parking structure is not defined as two different structures on the upper levels that carry all the way through the +/- 561 feet of the east façade. While indicated as two different buildings in the plan and dimensioned as such, realistically the East Elevation reads as on long façade that is +/- 561 feet long. This is too long a façade and does not meet the requirement of the MU-NC Code. It also creates too long a repetitive façade.

Response: As discussed during the virtual meeting held on July 2, 2020, the design of the buildings has been revised to include a physical separation along the east façade. With the proposed revision, the building lengths provided are 297”-9 and 254”-0’, in compliance with the Land Development Regulations.

2. Code Requirement for Elevation Differentiation – As indicated in the Code “Projects with three (3) or more distinctly separate buildings/building groups shall have substantially different front elevations. Substantially different front elevations shall include but not be limited to variations in fenestration, material, massing and color” .

Response: In order to achieve elevation differentiation, additional refinement to the building elevations have been made to further depict differentiation in window sizes, building massing as well as color palette(s). In addition to various planar breaks along the building façades, a varying roofline has been introduced to augment and distinguish the design for each of the building groups specifically along the east and west facades.

While the drawings appear to be attractive at first glance, it is our professional opinion that design creates issues that are of concern. In reference to user livability. These are:

3. Building(s) Entrance(s) – The site plan indicates a lobby entrance on West Dixie Highway for the building on the south west side of the site.

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Response: The lobby entrance and leasing office have been strategically relocated to allow for better visibility of the terrace, pool court, and fitness areas, while providing direct connectivity to the leasing office.

4. South Building - A lobby to access the building from West Dixie Highway is provided. This lobby will serve the totality of the units surrounding the parking structure on the east, south and west side. While it is an entrance, one wonders if this is enough for +364 units and the sense of arrival into a large residential complex.

Response: As noted above, this area has been reconfigured to swap the location of the leasing office and main lobby. With the new configuration, and improved visibility of the amenities from the lobby area, the overall access and sense of arrival has been improved.

5. North Building - A very small residential lobby is indicated for the north building and hardly visible, as it is surrounded by the large retail mass of this section of the site. There is no sense of entrance to the residential units placed towards this end of the site. All access would be from the parking structure with no sense of arrival for visitors or a sense of address and entrance to support the residential image of the building. What is more this will complicate deliveries and visitor access to the units on the North Building.

Response: The north lobby area has been reconfigured to provide a larger space. However, it is important to note that there are multiple lobbies to better serve the residents. The north lobby is intended to be a secondary lobby and has been included for the convenience and exclusive use of the residents on the north end of the tower. All deliveries and visitors are expected to arrive and access the building through the main lobby on the southwestern side of the project.

6. Retail Access - Internal Parking Structure Pedestrian Circulation – The proposed retail occupies the ground floor. While an internal distribution of the space is not indicated, it seems to be a single use and most likely may be a supermarket. The parking structure one would surmise will have the ground level parking spaces assigned to residential visitors so that they can access the lobby and circulate around the parking area to reach any individual residential units; use the internal elevators provided. The retail parking would occupy the rest of the spaces. Assuming one space per 300 s.f. the retail will require +/- 45 to 50 spaces (assuming assignment of some of the on-street parking). This will spill over the retail parking to the second level. An elevator is indicated within the retail space and while not clear, we assume that it is for retail access from the second parking level into the retail. Given the nature of the ramp design for the parking structure the question of security and assignment of spaces for the residential area will need to be provided.

Response: The proposed retail occupies only a portion of the ground floor. Specifically, the retail occupies only the ground floor of the north block. Per the City’s Code, the retail space requires a minimum of 35 parking spaces and a maximum of 70. Public parking spaces will be limited to 41 spaces on the ground floor of the garage and 28 on street parking spaces for a total of 69 spaces.

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A gate is provided on the ramp leading up to the second floor separating the public parking spaces from the resident only parking spaces. There are no assigned parking spaces within the resident only parking. As such, the proposed project provides adequate parking to meet the needs of the future residents, visitors, retail tenants, and patrons, and exceeds the parking requirements under the City’s Code.

7. Internal Parking Structure Vehicular Circulation – While it works, the internal parking area vehicular circulation seems complex given the turning movements required to access the upper levels. More so for a residential building where commodity is of utmost importance. Moving through the parking structure, first you have to negotiate a half level ramp and do a 90 degree turn that is not easy and where the visibility is limited. Following you must go up an inclined ramp where you can park (note that the slope is correct). If this is not your floor, you must repeat the same procedure to reach the upper levels of the parking structure.

The 90-degree turning movement on the half level ramp are tricky and uncomfortable for day- to-day residential living. While it may be acceptable for an office building, it is our professional opinion that it is not a good solution for a residential building. More so in a mixed-use environment where you have retail users and residential users mixed within the same parking structure. There will be delays in getting out of the parking structure given its 564 spaces as well as potentially numerous minor vehicles strikes of the walls/columns on the half ramp. The internal design of the parking structure seems to be a response to the limited space provided in order to create the pool amenity space and include the residential units on the south side.

Response: The parking garage circulation is more than adequate and safe for this type of residential use. All garage areas have 90-degree turning movements and there is enough aisle width to make these turns. The incline on the ramp is 5% and barely noticeable and certainly easier to maneuver than a speed ramp at 10-12%.

In this product type, it is highly typical to place all outdoor amenity spaces at grade and providing residential units around this courtyard space provides for premium views to the pool area. The design and floorplate size of the parking structure are attributed more to the number of units serving that floor because residents usually park on the floor they “live” on.

8. Overly long Hallways Lack Natural Light – User Livability – The design presents a central parking structure that is surrounded by hallways to access the living units. There is an excessive number of hallways. These hallways have no natural light or openings to the outside. As such the residential project becomes cavernous in its internal image. On the east side there is a +/- 560 feet long hallway with no access to outside views, natural light, as well as a long narrow visual perspective that, in our professional opinion is daunting. The walking areas from the parking to the individual units is excessive and divorced from any natural environment. There are no spaces or any kind of activity to break the monotony of the excessively long hallways.

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Response: We have revised the plans to provide increased flow of natural light to the greatest extent possible. Please refer to Sheets A-2.1 through A-2.6.

User livability is what is most concerning about the overall design. While at first glance it is an interesting project, and no doubt well designed from the technical point of view, once you delve into its reality it becomes apparent that the concept, in our professional opinion, presents serious user concerns regarding the day-to-day living in this environment.

It is our professional opinion that this is what is most concerning about the design of the building complex as it may affect the future residential desirability of this building given the cavernous nature of its interior hallways and excessive internal walking areas.

Response: As discussed during the virtual meeting held on July 2, 2020, the length of the hallways is negated by the short distance from the centrally located parking garage/spaces and points of access to each residential floor. There are 3 points of secured access to the building from the garage. The hallways have been thoughtfully and strategically designed to provide visual and physical breaks such as at entryways into units, elevator lobbies, wall sconce lighting, ceiling treatments, and recessed lighting. However, the building has been “notched out” at the midpoint of the east hallway in order to provide a visual and physical break as well as allow natural light in to the corridor.

The project’s design is intended to ensure the viability and long-term success of the project, taking into account the architect’s experience with similar project typologies and market demands. We strongly believe that the proposed design and proposed revisions address your concerns and will further enhance the experience of the future residents, visitors, retail tenants and patrons.

 Accompanying a response to our comments submitted herein, we kindly request that the applicant submit a written design narrative that discusses the architectural and urban design concept and their relationship to the surrounding neighborhood and context within the City of North Miami Beach.

Response: Narrative on next page.

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5 PARK - DESIGN NARRATIVE

The 5 Park project is on a site that stands on its own. This quirky triangular shaped site is bounded by the FEC railroad and US-1 to the east, a tennis center and city park to the south, west Dixie Highway on the west with one (1) to two (2) story commercial, retail, single family residential buildings across the street. Similar to the Flat Iron building in New York City built in the early 1900’s, which was (i) the first tall building with this odd shape and scale of its kind in its district, (ii) the tallest building built North of 14th street in NYC during its time, and (iii) ideally located in front of park, the site presents a unique opportunity to create a remarkable project that will improve and activate the area. This parallel historical context is what has inspired the Architectural and design concept for the 5 Park project.

The 5 Park project provides an opportunity for the mixed use lifestyle that is much in need for this area. It is envisioned that the well-appointed community with retail and residential uses will spur further development of similar uses in this area’s core sub-district. Due to its triangular shape, the architecture will innately create an iconic element that becomes an anchor and a gateway into the core district of North Miami Beach. While the architecture is inspired from the historic building in New York City and takes on similar shapes and contours, the elements are more in line with a modern interpretation of the design elements introduced on the building. The Base, Middle, and Top have been designed in a similar fashion to the NYC building, but depicted in a more modern and current way including reflecting residential elements such as balconies, sliding glass doors and some floor to ceiling glass in key locations on the building. The use of the Bay window at mid-building on the NYC building was replicated at the top of the 5 Park building to emulate the same planar breaks depicted in the NYC. It was located at the top rather than the middle of the building in order to provide a more dynamic and varying roofline. The 5 Park building provides a strong pedestrian scale base with metal awnings and canopies, covered plaza seating areas, porches, sunrooms and grand entry portals into the building are designed to further reinforce the welcomed activated streetscape use that the retail and residential will bring to this neighborhood.

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Section 25-48 (MU) Mixed-Use # Location Code Language Compliance Comment Recommendation Response Regulating Plans and Diagrams. The mixed use districts are governed by a series 1 (G) of regulating plans and diagrams. The Submittal does not include graphic illustration On Sheet SP-1, as has been done on the Sheet SP-1 has been revised accordingly. Regulating Plans and Diagrams demonstrate of the project site highlighted on an overlay zoning map, please provide similar graphic development standards in both words and of the regulating plans for the district. for each of the regulating plans in the district. diagrams, and include maps designating the locations where the various standards apply. Unless otherwise noted, all development shall be in compliance with the Regulating Plans and Diagrams specified for each mixed use district. Where a sidewalk or other pedestrian walkway crosses a parking lot, street, or driveway the following standards shall apply: Drawings do not include information for the Provide information demonstrating Sheet SP-1 has been revised to show garage 2 (J)(2)(a-c) The intersection shall be clearly marked and area where the sidewalks cross the garage compliance with these standards on Sheet SP- crosswalk details in compliance with the lighted for safety; entry/exit on West Dixie Highway or the area 1 or A 2.1. Please show the standards under (J)(2)(a-c). The sidewalk shall be continuous and remain marked as Access Drive. crosswalks/material and other features at a constant level at all instances; intended. and A change of tactile surface texture shall be installed at all street crossings.

West Dixie Highway is considered the As discussed during our virtual meeting on Except as modified through the prescribed Existing Primary Street for the Project. It is July 2, 2020, the code erroneously labeled 3 (J)(3)(c)(iv)(1) public urban greenway and/or street types in also prescribed as an Urban Greenway, which Provide information/illustration of the the existing 40’ access easement as a each mixed use district, all streets and alleys shall be address in the NC portion of the treatment and design of the secondary street secondary street. Figures MU-1 through shall be designed according to the typical code. However the south side of the property on SP-1 or A2.1. MU-4 should be corrected in the proposed street and alley sections provided in Figures is classified as an existing secondary street MU Districts Text Amendments. In MU-1 through MU-4 and the following and shall meet the requirements for a addition, the 40’ access easement was also standards shall apply: secondary street as prescribed herein. Sheet shown in the previously approved plan. SP-1 labels the street as a 40’ access Nonetheless, the access easement has been easement. improved with the required streetscape elements. Please refer to Sheet SP-1.

Design for that street shall meet the 4 (J)(3)(c)(iv)(8) For streets only, where on-street parking is NO Sheet SP-1 labels the secondary street on the requirements for Typical street section with provided on both sides of the street, the south side of the property as 40’ access parking on both sides. Start at the center line Please refer to response above. minimum right-of way width shall be sixty easement. Regulating plans indicate that as a of the existing road and offset elements

(60) feet. secondary street. towards the property, ensuring design

provides all elements required, which meet the dimensional standards for the ROW within the code. Except along an alley or a pedestrian As discussed during our virtual meeting on passageway all levels of the garage shall be July 2, 2020, the exterior design on this screened along all frontages by a Liner NO Plans and elevations indicate a portion of the Design may consider a liner building on the portion of the parking garage has been building containing a minimum depth of building on the west façade as not screened that portion of the parking garage or seek a enhanced with residential architectural 5 (K)(2)(b)(i)(1-2) twenty (20) feet of habitable space. The by a liner building waiver by the Director, if demonstrating the elements and features, including glazing on requirement for a Liner building along the following standards. the ground floor, balcony and awning side and rear frontage may be waived by the #77649489_v1 14

Section 25-48 (MU) Mixed-Use # Location Code Language Compliance Comment Recommendation Response Director of the Community Development treatment on the second floor, and window Department or his/her designee if the treatments on all other upper levels. applicant demonstrates compliance with the standards below: All architectural elements that face a street or Sheet A-3.1 indicates a façade with punched Treatment appears consistent and harmonious Additional notations have been provided a publicly accessible open space window opening on the portion of the with that of habitable space, on elevations Please refer to Sheets A-3.1, shall appear consistent and harmonious with unlined parking structure however applicant shall provide additional A-3.2, and A-3.3. that of habitable space; information on the treatment. No vehicles parked within the garage shall be Will cars be visible in the punched openings? Provide more information on the openings Vehicles parked in the garage will not be visible from the street; and treatment. visible from the street. Openings off any street shall not exceed two Drawings do not indicate a dimension for the 6 (K)(2)(b)(ii) (2) lanes in width and twenty-four openings of the areas labeled as Garage Provide dimension on Sheets SP-1 or A2.1 Dimensions for the entry/exit garage (24) feet maximum per entrance/exit. Entry/Exit openings are provided on Sheet SP-1. Entrances/exits on alleys are exempt from this requirement. 7 (K)(2)(B)(vi) Electric car charging stations shall be Will there be electric car charging stations? Provide labels for any electric car stations Two (2) electric vehicle parking spaces encouraged to be located within parking that are included in the plan. (EVSE) are provided on first level of structures. garage and four (4) EVSE spaces on levels 2&3 for residents. Please refer to Sheet SP- 1 and A-2.1. A maximum of twenty-five (25%) percent of The landscape list on Sheet L-1 indicates a Please update proposed trees to demonstrate 8 (L)(1)(a)(i) all required trees shall be of a palm species. NO total of 124 Trees, of which 60 are assorted compliance with 25% maximum of the palm The landscape list shows a compliance with palms variety (48%). Code requires a variety 25% maximum of the palm variety. See maximum of 25% to be of the sheet L-1. palms variety. When a landscape strip is not provided, street trees shall be placed in tree pits Please provide information related to ADA 9 (L)(2)(d)(iii) covered with ADA compliant grates. Tree Sheet L-1-2 Indicate trees planted in tree compliance of Tree Grates in the notes of grates shall be sized appropriately for each grates. Are they ADA compliant? Sheet L-3 or another sheet. The proposed trees grates are ADA tree species at maturity. The use of tree grates complaint. See sheet L-3 for detail. is appropriate when on-street parking is provided. When no on-street parking is provided, landscape strips are preferred. The minimum size of a new designated Sheet A2.1 indicates a plaza on the north 10 (M)(1)(a) publicly accessible open space shall be four corner of the lot at the location of the required Please provide Sheet L-S and include an area thousand eight hundred (4,800) square feet public open space. There is a reference to calculation for the plaza space. unless otherwise specified in the Sheet L-S, however their does zoning district. not appear to be L-S in the received pdf. The hardscape plan now shows an area calculation for the plaza of 4,815.3 S.F. See sheet HS-1.

Exclusive of dedicated rights-of-way, the The hardscape plan shows a calculation of minimum impervious surface area is fifty Sheet A2.1 indicates a plaza on the north the plaza’s impervious surface area. The 11 (M)(4)(b)(ii) (50%) percent and the maximum impervious corner of the lot at the location of the required Please provide Sheet L-S and include a impervious surface area totals to 2,784.5 surface area is seventy-five (75%) percent. public open space. There is a reference to calculation demonstrating compliance for S.F. (57.8%) which complies with the The pervious surface areas shall consist Sheet L-S, however their does not appear to impervious surface area within the plaza. requirements. See sheet HS-1 for the primarily of sod, trees that are regularly be L-S in the received pdf. calculation, hardscape, seating and spaced, and garden structures. The permanent features and sheet L-1 for impervious surfaces shall consist of paved 15 #77649489_v1

Section 25-48 (MU) Mixed-Use # Location Code Language Compliance Comment Recommendation Response areas, permanent architecture such as planting of trees, shrubs, groundcovers archways, statues and gazebos or water- and sod. oriented features. 12 (P) Fences, Walls and Hedges Are there walls/fences/hedges around any of Please label and provide more information on A 6’ aluminum picket fence will be the garden/amenity pool areas? the drawings provided on the southern portion of the project to securely enclose the pool court/amenity areas. Please refer to Sheet HS-1 for details. 13 (Q) Light Pole Standards Sheet L-1 indicates that light fixtures to be Please provide graphic illustrating the fixture Please refer to lighting plan on Sheet L-1 mounted on 15’ aluminum pole and pole, with dimensions for fixture and pole dimensions. In addition a specs sheet has been included with this submittal. Sheet SP-1 indicates the building on the east Building Length. The maximum horizontal side of the property with a maximum 14 (S)(1)(a) dimension of a building shall be three NO length of 307’-3”, which exceeds the Please demonstrate compliance for maximum As discussed during the virtual meeting hundred (300) feet. maximum permitted length of 300’. Plan building length held on July 2, 2020, the plans have been drawings and elevations do not indicate any revised to comply with the maximum separation of the buildings, as labeled on the building length requirement of Section 25- ground floor. From the east elevation, 48(S)(1)(a). building is perceived above the maximum 300’ maximum dimension Projects with three (3) or more distinctly 15 (S)(1)(c) separate buildings/building groups shall NO Plan drawings indicate more than 3 distinct Continue to work with City Staff and As discussed during the virtual meeting have substantially different front elevations. buildings on the site, however Sheet A- consultant to refine elevation design to meet held on July 2, 2020, the elevation design Substantially different front elevations shall 3.1 indicates elevation drawings that are not requirements for the elevations. has been refined to provide variations in include but not be limited to variations in substantially different elevations fenestration, material, massing and color. fenestration, material, massing and color. The primary entrance of a building shall There are two lobbies labeled on the West Please label the primary entrance to each of 16 (S)(1)(d) provide access to a public right-of-way, urban Dixie Highway portion of the buildings. the building on the Sheet SP-1 or A- 2.1 The primary entrances to each of the greenway or an open space. However there is no lobby labeled for the buildings have been labeled on Sheet SP-1. building on the east side of the parcel. Drawings appear to show 3 primary entrances 17 (S)(1)(e) The primary entrance to the upper levels of a from the public right of way to the floors Provide clarification on the drawings where Drawings have been revised to provide mixed-use building shall be from a public above. This yields what appears to be a very the entrances to the upper levels from the clarification. Please refer to Sheet SP-1. right-of-way. far walk from the public right of way to public ROW are provided.

individual units, especially those within the southeast wing of the building. (Regarding the ground floor active use for On Sheet A-3.1, or other, please draw a red 18 (S)(1)(g)(i)(4) storefronts)They shall have a transparent Drawings do not indicate graphically or line around the areas of the ground clear glazed area of not less than seventy (70) provide a calculation demonstrating level façade which is storefront. Calculate the Calculation of glazed storefront façade percent of the façade area; compliance with storefront glazing. gross façade area of storefront as the overall area is now shown on Sheet A-3.1. area. Calculate the cumulative area of the glazed areas and divide by the overall. Ensure the percentage is greater than 70% 19 (S)(1)(G)(i)(5) Ground floor window sills shall be placed at a Drawings do not indicate dimension of On Sheet A-3.1 provide blow up detail with Please refer to Sheets A-3.1 and A-3.2 for maximum height of twenty-four (24) window sills dimension of any ground floor window details on the ground floor window sills. inches above grade sills. Architectural treatment shall be provided Plans have been revised to include through a combination of two (2) or more architectural treatment details. Please 20 (S)(1)(i)(ii) treatments including, but not limited to, the Provide any additional information related to refer to Sheet A-3.4. use of materials and construction assemblies; the materials, construction, colors etc.… 16 #77649489_v1

Section 25-48 (MU) Mixed-Use # Location Code Language Compliance Comment Recommendation Response the continuation of fenestration patterns, Sheets A-3.1 and A-3.2 do not indicate details architectural features, articulation and related to the architectural treatment of the rhythm; the application of architectural buildings. screens, meshes, louvers, and glass; the incorporation of vegetated surfaces and planters; and architectural lighting. Fenestration Standards. All building types, On Sheet A-3.1 or other, please calculate the except single-family, shall comply with Drawings do not indicate graphically or gross area of the ground floor street wall on the following fenestration standards: provide a calculation demonstrating the north, south and west street fronting The project complies with the fenestration 21 (S)(1)(j)(i-iiii) Except for storefronts, a minimum of thirty compliance with ground floor street wall facades. Provide what percentage of that standards on the ground floor street walls (30) percent of all ground floor street fenestration. overall area is fenestrated with windows. along the north, south, and west facades. walls shall be fenestrated with windows; Graphic and calculation details are Mirror type glass shall be prohibited; Please Note provided on Sheet A-3.3. All glazing shall be of a type that permits Please Note view of human activities and spaces within the structure; and 22 (S)(1)(l) Awnings The 3D vignettes on Sheet A-3.2 appear to Please provide detailed information to Applicant satisfies this requirement. Please show awnings on the ground level of demonstrate compliance with the code. refer to Sheet A-3.4 for details regarding the façade. the awnings on the ground floor.

Impervious surface area: 90% max. Pervious surface area: 10% min. Please confirm the lot area of the property. 23 Table MU-2 Private open space Sheet SP-1 and Sheet L-1 indicate conflicting Use the confirmed lot area to determine the All multifamily residential, live-work units lot areas requirements for impervious and pervious surface area as required by the lot standards Lot area, as well as impervious and and Mixed-use developments with residential pervious surface area calculations are dwellings shall reserve a minimum of 10% of for a liner building. shown on Sheet SP-1 and L-1. The the site for common, proposed pervious surface area complies private open space. with the minimum 10% requirement.

24 Table MU-3 Projections and Encroachments The 3D vignettes on Sheet A-3.2 appear to Please provide dimensions of any awnings show awnings on the ground level of encroachment Please refer to Sheet SP-1 for details. the façade. Submittal does not include graphic illustration On Sheet SP-1, as has been done on the 25 (E) Regulating Plans and Diagrams. of the project site highlighted on an overlay zoning map, please provide similar graphic Sheet SP-1 has been revised accordingly. of the regulating plans for the district. for each of the regulating plans in the district.

26 (I) Designated Publicly Accessible Open Spaces Drawings do not indicate the designated trail Please provide details regarding the projects The plans have been revised to include a and Urban Greenway Systems Regulating as required by the regulating plan along the intent to incorporate a designated trail along designated trail on the eastern side. Please Plan east side of the parcel adjacent to the FEC the property. refer to SheetSP-1 for details. 27 (I)(1)(a) Type UG: Along West Dixie Highway NO Drawings do not illustrate the greenway as Design of ROW should be depicted (Figure MU/NC-5). prescribed by the code consistent with the Type UG (Figure The plans have been revised accordingly. MU/NC-5) The designated public urban greenways The plans have been revised to meet the system shall be designed to enhance the Urban Greenway standards. Please refer visual character of specific streets along the to Sheets SP-1, L-1, L-2, L-3, HS-1, HS-2, urban greenways and ensure and HS-3. The Live Oak ‘High Rise’ street pedestrian connectivity by: trees are providing the continuous shade

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Section 25-48 (MU) Mixed-Use # Location Code Language Compliance Comment Recommendation Response Providing tree species that provide requirements which are spaced 30 feet on continuous shade for a minimum of seventy center. Street furnishings are also (70%) percent of the frontage along the urban Please note and provide all relevant provided. No plant material other than 27 (I)(2)(a-e) greenways. Palm trees alone are not NO information, details and dimensions to trees are provided higher than twenty-four acceptable and the maximum spacing of the determine compliance with the standards for inches within the urban greenway. shade trees shall be thirty (30) feet on center. the Urban Greenway along West Dixie Providing street furnishings such as benches, Highway trash receptacles, bike racks, drinking water fountains, etc. Providing a landscape plan illustrating a coherent design with significant tree species along the urban greenways that are distinguishably different from the other streets along the property in terms of color, type and shape. No plant material other than trees shall be higher than twenty-four (24) inches within the urban greenway.

Tree specifications shall be as per Section 24- 58(L).

Minimum and Maximum Front and Street Drawings do not indicate the building’s Provide the overall length of frontage (total) These dimensions, and calculations are 28 Table MU/NC-4 Side Setbacks and Building Frontage per compliance with requirements for Building and dimension the length of building adjacent now shown on Sheet SP-1. Note that this Street Type (1) Frontage along Secondary Street frontages to that frontage. Divide the cumulative side is treated as an access easement not a (80% on south side of the property) building frontage over the overall secondary street. and provide percentage on data table. 29 Table MU-NC-5 Minimum and Maximum Parking Drawings do not indicate parking numbers on Please number the individual spaces, in Parking spaces have been numbered on Requirements by Use Sheets A-2.1-2.5 addition to the small note that is provided Sheets A-2.1 through A-2.6. under the north area on each sheet. (L)(2) On-site parking shall comply with Table MU/NC-5. Uses not listed herein shall The parking calculations and data table on 30 comply with the parking requirements Sheet SP-1, Site Data Table indicates that Guest parking shall be provided on-site (in Sheet SP-1 have been updated to clarify specified in Article IX. guest parking is provided on-street the garage). How would guest parking be compliance with residential, retail, and Guest parking shall comply with Table regulated if it is on-street? publically accessible parking spaces in (L)(3) MU/NC-5. Guest parking shall be designated accordance with the Land Development and prominently marked on-site as “Guest Regulations and recorded Development Parking” and shall not be restricted in any Agreement. manner to use by a single tenant, owner, unit, or other user. Bicycle Racks and Bicycle Storage Standards Site Data Table indicates 30 Bike racks Please clarify note on drawing This plans have been corrected to address provided, however the note on Sheet SP-1 this discrepancy. 31 (M)(1-3) only indicates 25 secured bike storage. A minimum of one (1) shower and changing A designated area for the showers and facility shall be provided to be Drawings do not indicate location of shower Please provide changing facility has been provided within available for all tenants and shall be located and changing facility the fitness area. Please refer to Sheet A-2.1. within the building, or within two hundred 18 #77649489_v1

Section 25-48 (MU) Mixed-Use # Location Code Language Compliance Comment Recommendation Response (200) feet of the building entrance, for developments greater than fifty thousand (50,000) square feet in gross building area.

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SECTION III. TRAFFIC / CONCURRENCY

The Corradino Group, Inc (Corradino) has been requested to perform a Site Plan review for the 5 Park redevelopment. As reported, the proposed 5 Park redevelopment is sited at 17071 West Dixie Highway in North Miami Beach, Florida and will consist of 364 dwelling units and 18,000 square feet of retail space. The following are our comments:

1. Traffic Methodology: Per the Commission’s staff report dated June 8, 2017 that was provided, following the Planning and Zoning Board meeting on March 13, 2017, the applicant had David Plummer and Associates prepare a more comprehensive Traffic Study to further demonstrate the projects impact on adjacent roadways. This analysis included 3 additional intersections and the following signal optimization improvement: Adjust the signal timing for the NE 172nd Street / US-1 (Biscayne Blvd.) intersection to provide more green time to the east/west movement during the afternoon peak hour. The Traffic Technical Memorandum states that it is an addendum to the approved Traffic Study that is dated January 17, 2017, which did not include this expanded analysis. The trip distribution shown does not include the additional analyzed intersections and there was no analysis provided to determine whether signal optimization was still recommended. Please provide methodology documentation to demonstrate what was required in the Technical Memorandum dated June 15, 2020.

Response: The updated Traffic Methodology and Traffic Study were submitted to the City’s Planning and Zoning Staff and The Corradino Group on July 22, 2020, and July 31, 2020, respectively. In addition, as discussed during the project’s continuing meeting held on August 4, 2020, an Addendum with the requested analysis will be prepared and submitted together with responses to the traffic comments, which have not been issued as of the date of this memo.

2. Sheet SP-1: Projects that have direct or immediate access to W Dixie Highway shall be subject to the review and approval by FDOT for compliance with FDOT standards. Please provide an approval letter from FDOT as part of your resubmittal for the improvements to the driveway connection along W Dixie Highway.

Response: As discussed and clarified during the project’s continuing meeting held on August 4, 2020, the portion of W Dixie Highway where the project is located is not an FDOT roadway. As such, neither FDOT review nor approval is required. Please refer to the enclosed Miami-Dade State Highway System Map, which shows that from SR 826 to the south the W Dixie Highway is FDOT, while north of SR 826, Dixie Highway becomes a non FDOT.

3. Sheet SP-1: Please provide sight triangles on the site plan at each of the driveway connections. The sight triangles should also be depicted on the landscape plans and the pavement marking and signage plan.

Response: As discussed during the project’s continuing meeting held on August 4, 2020, sight triangles have been provided on West Dixie and the 40’ access easement,

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West Dixie and the 20’ private access drive, and West Dixie at the garage entry. Please refer to Sheets SP-1, A-2.1, LS -1, LS-2 and C-2 through C-5.

4. Sheet SP-1: Provide truck turning template in order to demonstrate easy accessibility to the loading zone areas.

Response: The truck turning template has been provided on Sheet C-5.

5. Sheet SP-1: Per MU guidelines on Street Standards, the sidewalk shall cross the driveway along W Dixie Highway and shall be continuous and remain at a constant level. ADA ramps shall also be included at this location.

Response: The plans have been revised accordingly.

6. Pavement Marking and Signage Plan: The handicapped parking spaces are shown as 12’ wide by 18’ long in the typical provided on this sheet. Per Section 24-93 in the Code of Ordinances for the City of North Miami Beach, a parking space designated for handicapped persons shall be a minimum of twelve (12) feet in width and twenty (20) feet in length. Please ensure the proper dimensions per the code are being provided.

Response: Sheet C-4 has been revised to comply with the adequate parking space dimensions in compliance with Section 24-93 of the City’s Code.

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SECTION IV. UTILITIES/ ENGINEERING

GENERAL:

This project consists of demolishing a one story office building (16,630 sq.ft) and a one story retail center, to be replaced with an 8-story mixed use building with 364 residential dwelling units, approximately 18,000 square feet of retail on the ground floor, a parking garage and related amenities.

WATER:

1. Site is lies within the City of North Miami Beach water service area with the following water mains surrounding the site:

A. 6” water main along NE 170 Street ( 40-foot easement) and on the East side along the 20-foot alley , stubbed out at the South property limit (of the Macken building) coming from the South. This is location of existing meter.

B. 12” water main stub out at the North end of the property off Dixie Hwy. and 171 Street, coming from the West along NE 171 Street.

C. 8” water main feed line coming from the South along West Dixie Highway

Response: As discussed with Mr. Karim Rossy, the water main will be extended during the design process and a new 12” water main will be proposed.

2. The nearest fire hydrants are at West Dixie and 170 Street and also at 171 Street.

Response: New fire hydrants will be proposed and extended to the new main.

3. The City (NMB Water) will require upgrading the old 6-inch water that runs along NE 170 Street and along the rear alley with a new 12-inch water main extension for fireflow. This was discussed and noted during the 2015 TRAD for the Macken project. The current plans as prepared by Ross Engineering show connections to be made to this very old main at the rear alleyway. It does not appear to be shown in the correct location along the 20-foot alleyway.

Response: As discussed with Mr. Rossy the existing 6-inch water will be upgraded and connect to the existing 12-inch.

4. All fire hydrants within the perimeter will need to be replaced.

Response: Fire hydrants will be replaced.

5. A new hydrant will be necessary at the North end of the project.

Response: Acknowledged.

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6. All existing water services will need to be disconnected prior to demolition of the existing buildings.

Response: Acknowledged.

7. Inplant fees for the facility will be computed based on 10 gallons per day (gpd) per 100 square foot (sf) for retail use and 135 gpd for apartment units, assessed at $5.22 per gpd. New Irrigated areas are assessed at 0.09 gpd per square foot of irrigated area. Credits for the facilities being demolished: office space (being demolished) at 5 gpd per 100 sf as well as the retail center at 10 gpd per 100 sf shall be applied.

Response: Acknowledged.

8. Fireflow Demand Charges will be evaluated for this site. FFDC is assessed at a rate of $1.75 per s.f. of gross square footage for commercial space and $1.05 per s.f. for the residential component on a reducing sliding scale based on the square footage. (see Ord 2006-20)

Response: Acknowledged.

9. NMB Water fees noted herein are subject to change in the near future.

Response: Acknowledged.

SEWER:

1. Site lies within the Miami- Dade Water and Sewer Dept. (MDWASD) sewer service area.

Response: Acknowledged. Sewer will be permitted with MDWASD.

2. A gravity sanitary sewer line was recently installed along West Dixie Hwy via a tri party agreement. It is not clear if this property was a part of that agreement. There may be contributions owed to those who installed this sewer line as they typically have rights for 7 years.

Response: Acknowledged.

3. It is also not clear if all buildings on this site were connected and being billed for sewer. Sewer credits may be partial?

Response: Acknowledged.

4. The water accounts would show sewer billing.

Response: Acknowledged.

5. MDWASD should be contacted for availability and requirements to connect.

Response: Acknowledged.

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6. It is suggested they inquire as to any moratoriums or capacity issues for the flows generated by this project with pump station #312.

Response: Acknowledged.

7. The County will assess a sewer connection fee based on gallonage. Their current rate is $5.60 per gallon per day. They must be contacted for their approvals and rates at time of application.

Response: Acknowledged.

MISC.: ( notes taken from the previous Macken project)

1. The rear alley is being encroached with drainage lines. Will the alley be vacated for this project?

Response: The rear alley has been vacated pursuant to pursuant to City Resolution 2017-67, and the alley was reverted, in its entirety, to owners of the abutting parcels. As such, title use, and possession is absolute in the owners of the abutting parcels (including the Applicant), their assigns or successors.

2. The survey seems to show some abstracted easements, restriction or other instruments. I know there is a County sewer easement crossing the Tract “B”. It is not shown. It would need to be vacated. Seems the abstracting is incomplete?

Response: Tract “B” was conveyed to the Applicant pursuant to the terms set forth in the Development Agreement recorded in Official Records Book 30628 at Page 3272 of the Public Records of Miami-Dade County, Florida. Applicant will continue to coordinate with the Surveyor to rectify the sewer easement on the survey drawing and vacate the easement, as needed.

3. Is there a lease with the FEC?

Response: No.

PLANS:

1. Building plans must be submitted NMB Water for review and assessment of above referenced fees and for sign off after payment of said fees.

Response: Acknowledged.

2. This process and above referenced approvals must take place prior to a building permit being issued by the City’s Building Dept.

Response: Acknowledged.

3. Civil plans are reviewed separately by NMB Water for approval.

Response: Acknowledged.

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SECTION V. PUBLIC WORKS

Drainage and Pavement review will be undertaken during the permitting process, and the following would need to be provided:

Drainage

Once there developer has applied for the Building Permit, then a separate Public Works Sub Permit (paving & drainage) Application is required, with the following provided:

1. Approvals from all Authorities having jurisdiction including Miami-Dade County DERM and Florida Department of Environmental Protection for drainage.

Response: Acknowledged.

2. This application will require two (2) sets of engineering plans to scale (Paving, Grading and Drainage). Plans must be signed and sealed by a State of Florida certified Engineer. Plans must show at least, but not be limited to, the following, if applicable:

a. Existing and proposed elevations around the property and adjacent public right-of- way, rim elevations, to indicate that the storm water run-off will be kept within the property and not allowed into the public right-of-way and adjacent properties.

b. Profile and standard detail drawings of drainage facilities, cross-section showing elevations and dimensions per design calculations.

c. Provide standard detail drawings of proposed pavement and driveway improvements. Refer to City of North Miami Beach standards for driveway requirements.

d. Locations and points of discharge of rain leaders to retention areas with proposed grades.

Response: Acknowledged.

3. Two (2) sets of Drainage Calculations, signed and sealed by an Engineer. Drainage Calculations for Water quality and Water quantity, they must specify design criteria and must include all maps, charts, tables, and sources to support parameters used in calculations. Drainage calculations must be based on 5-year storm, 10 minutes time of concentration (intensity = 6.2 inches/hr).

Response: Acknowledged.

4. Since exfiltration trench is to be used, provide one (1) original set of SFWMD usual open hole percolations test, signed and sealed from an approved testing laboratory, 15’ deep test hole at location of proposed exfiltration trench. Percolation rate from this test must be used for the drainage design.

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Minimum exfiltration trench must be 15’ deep 3 feet wide and 25 feet in length. Refer to Miami-Dade minimum design standards for detail.

Response: Acknowledged.

5. Storm water pollution prevention plan must be submitted.

Response: Acknowledged.

6. An elevated weir structure exists at the north western side of the property that may be affected by the proposed development. Further discussion on incorporation into landscaping is necessary.

Response: Acknowledged.

Pavement:

1. During permitting, provide plans for Pavement Marking & Signage, which must show at least, but not be limited to, the following:

A. Typical detail for regular parking stall per City of NMB standards.

B. Provide ADA parking detail. Refer to FDOT FY 2017-18 Design Standards Index 17346 page 15 of 17. Signage shall be FTP-21-06 and FTP-22-06. (Pavement and marking, color, dimension, etc.) and provide wheel stop detail.

C. Identify stop bars, directional arrows and all proposed pavement marking and striping.

Response: Acknowledged.

General:

1. Provide an Engineer Certified Cost Estimate for the drainage component of the works.

Response: Acknowledged.

2. On completion of works, you will be required to submit Letter of Substantial Compliance and As-built (for work on public right of way only) drawing from Engineer of Record. This must be done prior to sign off of the final inspection.

Response: Acknowledged.

3. Discuss with Miami-Dade County for ingress and egress on West Dixie Highway and proposed roadway improvement project.

Response: Acknowledged.

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SECTION VI. POLICE / CPTED

Area(s) of Concern:

1. Building Security Concerns

Response: The building has been designed to provide adequate and secure access to residents and their guests. The retail component will not affect the safety and/or security of the residents.

2. Photometric (Non-Readable)

Response: A photometric plan has been provided with this submittal.

3. Trespassers on Property Concern

Response: Adequate security systems will be implemented to avoid trespassers on property. The amenity/pool areas on the ground floor will be enclosed with a 6’ picket fence.

4. Signage Plan – Additional Signs

Response: A conceptual exterior signage plan has been provided with this submittal.

5. No Traffic Impact Study

Response: An updated traffic impact study has been prepared and is included in this submittal.

6. Emergency Contact Information

Response: Noted.

Recommendations:

1. Close Circuit Television (CCTV) for the interior, exterior perimeter, and parking lot area. PD also recommends private security guard personnel onsite.

Response: Acknowledged.

2. Please provide a readable Photometric (fonts to small)

Response: Noted. Please see enclosed photometric plan.

3. Join the North Miami Beach Police Department Trespass After Warning Program.

Response: Acknowledged.

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4. PD recommend No Parking “Fire Lane” Signs in Fire Staging Areas identified in the Signage Plan.

Response: Acknowledged.

5. Provide PD with Traffic Impact Study.

Response: An updated traffic impact study has been prepared and is included in this submittal.

6. Place emergency contact information in front of property or lobby area for emergency responders in case of an emergency.

Response: Acknowledged.

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SECTION VII. SOLID WASTE

1. At time of plan submittal, the following is required in the enclosure detail

a. Sanitary Drain – 6”

b. Water spigot

c. Service door type/dimensions

d. Chute location and dimensions

Response: Acknowledged.

2. Since this development is mixed use, there will be no bulk trash removal service

Response: Noted.

3. All garbage service to be provided by the City of North Miami Beach or its contractor, currently Waste Management

Response: Noted.

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SECTION VIII. BUILDING

The following is a preliminary analysis of potential code issues relative to proposed development at 16955-17071 West Dixie Hwy for future mixed -use of new construction- midrise building.

1. NO COMMENTS

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