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PZAB Comfortable Housing Project

VIEWS: 4 PAGES: 34

									                                                                                 PZAB.3

                  PLANNING, ZONING AND APPEALS BOARD
                              FACT SHEET

File ID:               10-00581mu

Title:                 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS
                       BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION
                       OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING
                       WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO
                       ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS
                       AMENDED, FOR THE CITY CENTER PROJECT, TO BE LOCATED AT
                       APPROXIMATELY 100 NORTHWEST 12TH STREET, 1120 NORTHWEST
                       1ST AVENUE, 105 AND 113 NORTHWEST 11TH TERRACE, AND
                       1129,1135, 1145, 1151, AND 1159 NORTHWEST 1ST COURT, MIAMI,
                       FLORIDA, TO CONSTRUCT A MIXED USE RESIDENTIAL COMPLEX
                       COMPRISED OF TWO 27 STORY TOWERS WITH 9 STORY PODIUM-
                       PARKING GARAGE AND A TOTAL MAXIMUM HEIGHT OF AN
                       APPROXIMATE 254’ 6” FOOT A.G.L. (270’-8” N.G.V.D) AT TOP OF ROOF
                       SLAB, PROVIDING APPROXIMATELY 340 TOTAL MULTIFAMILY
                       RESIDENTIAL UNITS WITH APPROXIMATELY 392,612 SQUARE FEET OF
                       FLOOR AREA, 3,130 SQUARE FEET OF RETAIL SPACE AND 478 OFF-
                       STREET PARKING SPACES; MAKING FINDINGS OF FACT AND STATING
                       CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
                       CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
                       EFFECTIVE DATE.

Location:              Approximately located at 100 NW 12th Street, 1120 NW 1st Avenue, 105 and
                       113 NW 11th Terrace, and 1129,1135, 1145, 1151, and 1159 NW 1st Court.
                       [Commissioner Rev. Richard P. Dunn II - District 5]

Applicant(s):          Ryan D. Bailine, Esquire, on behalf of RNG Overtown LLC and CDG City
                       Center, Ltd.

Zoning:                SD-16.1 (Southeast Overtown-Park West Commercial-Residential District.1)

Purpose:               This will allow the development of the City Center project..

Finding(s):
Planning Department:   Recommends Approval with conditions.

Analysis:              See supporting documentation.

Planning, Zoning and
Appeals Board:         December, 15th 2010
                                           ANALYSIS
                                    MAJOR USE SPECIAL PERMIT
                                                      for
                                              CITY CENTER

                                           located at approximately
              TH                    ST                             TH
    100 NW 12      Street, 1120 NW 1 Avenue, 105 and 113 NW 11 Terrace, and 1129, 1135, 1145, 1151,
                                                   ST
                                    and 1159 NW 1 Court, Miami, Florida

                                      LEGISTAR FILE ID: 10-00581mu

PROJECT PROFILE:
• Mixed use residential project comprised of two 27 story towers with 9 story podium-parking garage;
• Total maximum height of approximately 254’ 6” foot A.G.L. (270’-8” N.G.V.D) at the top of roof slab; and
• 392,612 square feet of floor area inclusive of:
    Approximately 340 total multifamily residential units
    Approximately, 3,130 square feet of retail space
    Approximately 478 off-street parking spaces
• Zoning Designation of the subject properties: SD-16.1 (Southeast Overtown-Park West Commercial -
   Residential District .1)



Application for the proposed “CITY CENTER” project has been reviewed for a for Major Use Special Permit
pursuant to Zoning Ordinance 11000, as amended, and is subject to the following Special Permits:

•    MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, (1), to allow a residential
     development involving in excess of two hundred (200) dwelling units;

The Major Use Special Permit includes the following subordinate Special Permits and Requests:

•    CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to allow a waiver of the required one (1)
     additional foot width dimension of parking stalls abutting a wall, fence, building, or other physical
     obstruction.

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

•    CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow temporary carnival, festival, fair
     or similar type event on privately owned or City-owned land such as a ground breaking ceremony;

•    CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916.2.1, to allow parking for temporary special
     event such as ground breaking ceremonies;

•    CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-street offsite
     parking, for construction crews working on a residential commercial project under construction, within SD-
     16.1 or more permissive zoning district;

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




                                               06-00415mu
                                               Page 1 of 5
•   CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6.3.16, SD-16, 16.1, 16.2 Southeast
    Overtown-Park Park West Commercial-Residential District, Temporary Signs (3), to allow temporary
    development signs;

•   Request authorization from the City Manager or his designee, which authorizes the operation and use of
    construction machinery during otherwise prohibited periods of time in the event that such operation or use
    is required to eliminate or reduce any dangerous or hazardous conditions which endangers life or
    property, pursuant to Chapter 36 NOISE, Section 36-6 of the City Code.



FINDINGS

In determining the appropriateness of the proposed project, the Planning Department referred this
project for additional input and recommendation to:

•   Planning Internal Design Review Committee;
•   Large Scale Development Committee (LSDC); and
•   The Urban Development Review Board;

Recommendations from the aforementioned Committees and Boards have been considered in the
preparation of the following findings:

•   The proposed development project will benefit the area by creating new affordable residential units in the
                                        th                             th                             st
    Overtown NET Area, bound by NW 12 Street on the North, NW 11 Terrace on the South, NW 1 Court
                         st
    on the West, and NW 1 Avenue on the East.

•   The proposed project is not located along a Primary Pedestrian Pathway.

•   The proposed project is not located within an Archeological Conservation area.

•   The proposed project is located within the Southeast Overtown Park West (SEOPW) Development of
    Regional Impact (DRI) area. The DRI fees at the time of this analysis have been calculated in the
    approximate amount of $ 226,240.27. The reservation for development credit can be made upon approval
    of the MUSP by paying: $ 137,806.61 or applicable amount at time or reservation. The remaining the
    balance shall be paid prior to obtaining the building permit.

•   The proposed residential density of the project (340 units at 295.65 units per acre) is below the maximum
    345 units (300 units per acre) on the 1.15 ± net acre site.

•   The total floor area proposed for the 2.33± gross acre site is 392,612 square feet (3.87 FAR) is below the
    maximum allowed for the site, which is 437,975 square feet at a Floor Area Ratio (FAR) of 4.32

•   The maximum height of the proposed structures is approximately 254 feet 6 inches A.G.L. (270’-8”
    N.G.V.D) at top of roof slab. Pursuant to Article 6, Section 616.9.2 of Zoning Ordinance 11000, there is no
    height limitation within the SD-16.1 District.

•   The proposed open space for the project 10,849 sq. ft. is above the minimum required green space
    (10,138 sq. ft. at 10% GLA) for this project.

•   The proposed total number of parking spaces (approximately 478) for the project is above the required
    minimum number of 344 parking spaces.

•   The project is expected to cost approximately $ 53.3 million and to employ approximately 350 Full Time
    Employees (FTEs) during construction; The project will also result in the creation of approximately 10
    permanent new jobs (FTE) for building operation and will generate approximately $ 39,310 annually in tax
    revenues to the City (2010 dollars).

                                              06-00415mu
                                              Page 2 of 5
•   The Large Scale Development Committee reviewed the project on July 14, 2010 to address the expressed
    technical concerns raised at said Large Scale Development Committee meeting.

•   The proposed project was reviewed by the Internal Design Review Committee on April 20, 2010, and
    provided comments attached hereto.

•   The proposed project was reviewed by the Urban Development Review Board on September 15, 2010,
    and recommended approval with the following conditions attached hereto.

•   On July 14, 2010, the City of Miami Public Works Department provided their standard comments to the
    project as well as requiring the following specific street improvements: (1) N.W.1 Avenue: Construct new
    sidewalk, curb and gutter and landscaped park way, with trees, adjacent to the project site in accordance
    with a street cross section approved by the Public Works Department. Construct new asphalt pavement
    between the new curb and centerline of the avenue from N.W. 11 Terrace and N.W. 12 Street, (2) N.W. 1
    Court: Repair any of the recently constructed sidewalk, curb and gutter and pavement damaged during
    construction of the housing project. Construct individual street tree planters and trees in the existing
    asphalt pavement in accordance with Public Works Standards.

•   On November 30,2010 the Miami-Dade County Public Schools provided School Concurrency
    Determination for the City Center Project, stating that the “MDCPS has conducted a public school
    concurrency review for the application and has determined that it DOES MEET (Concurrency Met) all
    applicable L.O.S. Standards for a Final Development order as adopted in the local Government's
    Educational Element and incorporated in the Interlocal Agreement for Public School Facility Planning in
    Miami-Dade County”.

•   On August 5, 2010 the Miami-Dade Aviation Department provided the Determination Number DN-10-07-
    394 Airspace and Land Use Analysis for City Center, stating that “the proposed building at the referenced
    location conforms to the Miami International Airport (Wilcox Field) Zoning Ordinance”. In addition states
    that “any proposed construction at this location reaching or exceeding 200 feet AMSL is required to be
    filed with the Federal Aviation Administration (FAA)…”

•   On May 3, 2010, the City’s Traffic Consultant, URS Corp., reviewed the proposed City Center project
    (Review: # 9). Preliminary Comments request an explanation of ancillary nature of the retail space and
    encourages transportation Control Measures.

•   The “Phase I and Limited Phase II Environmental Site Assessment” dated April 1, 2010, conducted by
    Hydrologic and Associates U.S.A., Inc. (HAI) and submitted with the project states:

            “In summary, HAI recommends that prior to redevelopment of the site the following
            tasks are conducted:
            o Removal of the Underground Storage Tanks (UST) present on the site, and
            o Reduce exposure of the superficial soils prior to development”.

•   The project’s analysis includes a review under Section 1305.2 of Zoning Ordinance 11000, following the
    Design Review Criteria:

            I.      Site and Urban Planning;
            II.     Architecture and Landscape Architecture;
            III.    Pedestrian Oriented Development;
            IV.     Streets and Open Space;
            V.      Vehicular Access and Parking;
            VI.     Screening;
            VII.    Signage and lighting;
            VIII.   Preservation of Natural Features; and
            IX.     Modification of Nonconformities.



                                               06-00415mu
                                               Page 3 of 5
CONDITIONS

Based on these findings, the Planning Department is recommending approval of the City Center Development
Project with the following conditions:

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

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

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

4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the
   PROJECT has addressed all concerns of the said Department prior to the obtainment of a shell permit.

5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor
   Participation Plan) submitted to the City as part of the Application for Development Approval, with the
   understanding that the APPLICANT must use its best efforts to follow the provisions of the City's
   Minority/Women Business Affairs and Procurement Program as a guide, as applicable.

6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of any building
   permit:

    •   Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of
        all common areas and facilities will be by the property owner or a mandatory property owner
        association in perpetuity; and
    •   Record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title if, applicable,
        subject to the review and approval of the City Attorney's Office.

7) Prior to the issuance of a shell permit, provide the Planning Department with a recorded copy of the
   documents mentioned in condition (6) above.

8) Provide the Planning Department with a temporary construction plan that includes the following:

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

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

                                               06-00415mu
                                               Page 4 of 5
10) If the project is to be developed in phases, the Applicant shall submit an interim plan, including a
    landscape plan, which addresses design details for the land occupying future phases of this Project in the
    event that the future phases are not developed, said plan shall include a proposed timetable and shall be
    subject to review and approval by the Planning Director.

11) Pursuant to design related comments, the applicant shall meet the following conditions to be reviewed and
    approved by the Planning Director, prior to the issuance of any building permit:

    Urban Design
    a. Reduce the project scale to maintain the character of the surrounding properties and neighborhood,

    Architecture
    b. Provide color elevations and details of the materials to be used on exteriors, as well as ground level
       details at a larger scale for review and approval prior to the issuance of any building permit ;

    Landscape
    c. Submit a complete landscape plan in compliance with City of Miami Landscape and Tree Protection
       Ordinance
    d. Submit details of all plazas and sidewalk spaces,

    Other
    e. Attain the sufficiency letter from the City’s Traffic Consultant, URS Corp.
    f. Comply with the recommendations of the “Phase I and Limited Phase II Environmental Site Assess-
       ment” submitted as part of the application; and
    g. Revise the phasing strategy so that the proposed phase three is incorporated within phase one or two.


12) Pursuant to comments by the City of Miami Public Works Department, the following specific street im-
    provements are required: (1) N.W.1 Avenue: Construct new sidewalk, curb and gutter and landscaped
    park way, with trees, adjacent to the project site in accordance with a street cross section approved by the
    Public Works Department. Construct new asphalt pavement between the new curb and centerline of the
    avenue from N.W. 11 Terrace and N.W. 12 Street, (2) N.W. 1 Court: Repair any of the recently con-
    structed sidewalk, curb and gutter and pavement damaged during construction of the housing project.
    Construct individual street tree planters and trees in the existing asphalt pavement in accordance with
    Public Works Standards.

13) Prior to issuance of any building permit, the applicant shall pay in full the DRI fee (Southeast Overtown
    Park West (SEOPW) Development of Regional Impact (DRI) area fees, which at the time of this analysis
    have been calculated to be an approximate amount of $ 226,240.27.

14) Within 90 days of the effective date of this Development Order, the Planning Department shall be provided
    with a certified copy recorded, specifying that the Development Order runs with the land and is binding on
    the Applicant, its successors, and assigns, jointly or severally.




                                               06-00415mu
                                               Page 5 of 5
                        FUTURE LAND USE MAP
                                                              Light Industrial


                                                                                                  Light Industrial


                                                                                                    Omni RDIA
                                                                    §
                                                                    ¨
                                                                    ¦395
                                                                                 §
                                                                                 ¦
                                                                                 ¨
                                                                                 395

        NW 13TH ST

                                                                                                                      General
                                                                                                                     Commercial




                                                                                                                       NW MIAMI CT
        NW 12TH ST
                       NW 1ST PL




                                                                 Restricted
                                                                Commercial                         General Commercial
                                                                                                            SEOPW RDIA
                                                                                         NW 1ST




                                         NW 11TH TER
                                                                                          AVE




NW 11TH ST
             NW 2ND




                      Me
                        tro
              AVE




                               rai
                                     l
                         Public                             Urban Central
                       Parks and                              Business
                       Recreation                              District
                                                NW 1ST CT




             NW 10TH ST


                                                                                                  Restricted Commercial
                                                 Restricted
                                                Commercial


                                                                                       ADDRESS: 100 NW 12 St.,



                                                                      .
                                                                                       1120 NW 1 Av., 105 NW 11 Tr.,
0     125        250                              500 Feet                             113 NW 11 Tr., 1129 NW 1 Ct.,
                                                                                       1135 NW 1 Ct., 1145 NW 1 Ct.,
                                                                                       1151 NW 1 Ct., & 1159 NW 1 Ct.
                                                        11000 ZONING


                         NW 1ST PL
                                                                                                     C-2




                                                                          ¨ §
                                                                          ¦ ¦
                                                                          § ¨
                                                                                  395
                                                                          395


           NW 13TH ST




                                                                                                               NW MIAMI CT
                R-3




           NW 12TH ST




                                                                                          NW 1ST
                                                                           SD-16.1         AVE


                                                                                                     SD-16.1


                                     NW 11TH TER



          C-1

NW 11TH ST
                NW 2ND




                                                                    R-4
                 AVE




                                     M
                                         et
                                            ro
    R-4                                          ra
                                                   il
                           PR
                                                        NW 1ST CT




                                                                                SD-16




                      NW 10TH ST




                                                                                        ADDRESS: 100 NW 12 St.,



                                                                                .
                                                                                        1120 NW 1 Av., 105 NW 11 Tr.,
0         125         250                                 500 Feet                      113 NW 11 Tr., 1129 NW 1 Ct.,
                                                                                        1135 NW 1 Ct., 1145 NW 1 Ct.,
                                                                                        1151 NW 1 Ct., & 1159 NW 1 Ct.
                                             AERIAL



                                                 §
                                                 ¨
                                                 ¦395


             NW 13TH ST
                                                 §
                                                 ¨
                                                 ¦395




                                                                              NW MI AMI CT
              NW 12TH ST
                   1ST PL




                                                          NW 1ST
                                                           AVE
                   NW




                   NW 11TH TER
          AVE ND
          NW 2




          NW 11TH ST
                                 NW 1ST CT




          NW 10TH ST




                                                        ADDRESS: 100 NW 12 St.,



                                                .
                                                        1120 NW 1 Av., 105 NW 11 Tr.,
0   125      250                   500 Feet             113 NW 11 Tr., 1129 NW 1 Ct.,
                                                        1135 NW 1 Ct., 1145 NW 1 Ct.,
                                                        1151 NW 1 Ct., & 1159 NW 1 Ct.
                                       MIAMI 21 ZONING

                                                                     D1                                           T6-24-O




                                                        §
                                                        ¨
                                                        ¦395
                                                                                                D1
    T6-8-L
                                                                          §
                                                                          ¦
                                                                          ¨
                                                                          395




                                  NW 13TH ST




                                                                                                           NW MIAMI CT
                          T5-L


                 NW 12TH ST
                      NW 1ST PL




                                                                    T6-8-O

                                                                                   NW 1ST AVE




                                                 NW 11TH
                                                   TER
             NW 2ND




                                                                                                T6-60A-O
             AVE




             NW 11TH ST


                                                        T6-8-L

                       CS            M
                                         et
                                                        NW 1ST CT




                                            ro
                                                 ra
                                                   il

             T6-8-O




    NW 10TH ST


                                             T6-24-O




                                                                                ADDRESS: 100 NW 12 St.,



                                                                       .
                                                                                1120 NW 1 Av., 105 NW 11 Tr.,
0    125         250                                      500 Feet              113 NW 11 Tr., 1129 NW 1 Ct.,
                                                                                1135 NW 1 Ct., 1145 NW 1 Ct.,
                                                                                1151 NW 1 Ct., & 1159 NW 1 Ct.
      C        I      T        Y                     0         F                   M     I   A   M        I

                          P        A    N    N I N G          D    E I'   A   It   T   MEN

                                            DESIGN REVIEW COMMENTS
                                            C I . A S S I I S p kC AI. Pi'.itt-II'I'

                                                       IDR 10-019
                                       CITY CENTER CONDOMINIUM
                                                         ItT
                                               1120 NW       AVE
                                           NET DISTRICT: OVERTOWN
                                                         04.20.2010


COMMENTS:
The following comments represent the unified vision of the Pre-Application Design Review Committee, which
consists of staff members in the Urban Design and Land Development Divisions. The City of Miami strives to
achieve diverse, sustainable, pedestrian-friendly neighborhoods, promote transit connections, and provide safe
and comfortable buildings, streets, and parks that contribute to a prosperous city for all residents to enjoy.


Urban Design
   •   This project is out of scale with the surrounding properties and neighborhood. The Overtown CRA
       Master Plan calls for low to medium density housing and mixed uses.
   •   The podium levels do not integrate with the fabric of the neighborhood and do not include any active
       spaces to provide eyes on the streets.
   •   Provide ground level details at a larger scale so the pedestrian experience can be reviewed.


Architecture
    •   The garage portions of the building are unacceptable as presented. Please present modifications that
        will meet Section 1305 architectural and urban design standards.
    •   Submit color elevations and details of all materials so the committee can completely review the
        application.
    •   Submit drawings to show how the phasing process will affect site plans and elevations.
    •   Re-distribute the garage liners more evenly around the site to provide eyes on the streets closer to the
        ground.


Landscape
   •   Submit a complete landscape plan with species, heights, dimensions, etc.
   •   Submit details of all plazas and sidewalk spaces.
   •   Review the City of Miami Tree Protection Ordinance and submit a tree disposition plan to show
       where trees will be relocated or how they will be mitigated.
   •   Refer to new City of Miami Landscape Ordinance for minimum landscape requirements




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

11" Please note that the Planning Department reviews Special Permit proposals based on architectural design,

site planning and urban design issues. The project still needs to be reviewed and comply with other
department' s requirements.


It is our intention with these comments to aid in expediting Special Permit applications with your
voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays
particularly prior to a project's submission to the Large Scale Development Committee or the
Urban Development Review Board.
                                                                                              1 of2
                                                                                            Memorandum
             Date:          May 3, 2010

             To:            Lilia Medina, AICP

             From:          Raj Shanmugam, P.E.

             Subject:       City Center MUSP (Review # 9)
                            Preliminary Comments

             Sufficient information has been presented in the traffic impact study and the site plan in support of
             this MUSP application. The traffic impact report is based on 340 High Rise Condominium units (ITE
             Land Use # 232), and is anticipated to generate 131 PM peak hour trips. The site plan shows 3.130
             s.f. of retail floor space. The applicant's consultant had indicated that the retail space is ancillary to
             the residential component of this project. We request an explanation of ancillary nature of this retail
             space.

             The traffic study is based on higher future vehicle occupancy (1.4 persons per vehicle) per City of
             Miami procedures and the use of available public transportation in the City of Miami. As such, the
             traffic study states that several Transportation Control Measures (TCM) can be used by the
             developer to support the trip reductions. A list of TCM includes;

                   •    Encourage CarNan pooling;
                   •    Encourage the use of Public Transportation by providing transit subsidies for residents of
                        the site, and by providing transit information, including route schedule and maps;
                   •    Promote Bicycling and walking by providing convenient and secure area for bicycles and
                        pedestrians;
                   •    Provide other transit oriented amenities

             The development approval of this site should be conditioned upon TCM recommendations being
             implemented to recognize the credits given towards the transportation concurrency management.

             Should you have any questions please call me at 954.739.1881

                               Cc:     Mr. Antonio E. Perez, Planner, City of Miami (Fax: 305.416.1443)
                                       Ms. Linda Christian-Cruz, Shutts & Bowen LLP (Fax: 305-381-9982)




URS Corporation Southern
3343 W. Commercial Avenue, Suite 100
Fort Lauderdale, Florida 33309-6375
Tel: (954) 739 1881
Fax: (954) 739 1789
                                        CITY OF MIAMI, FLORIDA

                                   INTER-OFFICE MEMORANDUM



TO:     Ana Gelabert-Sanchez                            DATE:      July 14, 2010   FILE:
        Director
        Planning Department

                                                        SUBJECT:     Large Scale Development
                                                                     Review- City Center

FROM:   Nzeribe Ihekwaba, Ph.D., P.E.                   REFERENCES:
        Director
        Public Works Department                          ENCLOSURES:




        The Public Works Department has reviewed the Large Scale Development
        plans for the development entitled "City Center", located at 1120 N.W. 1
        Avenue and has the following comments.

            1. N.W. 1 Avenue is zoned 50 feet wide. An additional 25 feet of right
                of way dedication is required along N.W. 1 Avenue. N.W. 12 Street is
                zoned 50 feet wide. An additional 5 feet of right of way dedication is
               required along N.W. 12 Street. N.W. 11 Terrace is Zoned 50 feet
               wide. An additional 3.5 feet, more or less, is required along N.W. 11
               Terrace. Also, 25 foot corner radius dedications are required on all
               four corners of the of the development site.
           2. All transitions from the established street profile grade to the building
               floor elevation must be accomplished on private property. Stairs,
               ramps, retaining walls, etc. will not be permitted in the public right of
               way and the record profile street grade cannot be changed to
               accommodate the proposed building ground floor elevation.
           3. All stormwater must be retained on site including the driveways and
               plazas on private property adjacent to the public streets. All plazas
               and driveways must be graded or trench drains provided to prevent
               "sheet flow" from entering the right of way. If deep drainage wells
               are selected for stormwater disposal, they must be located on-site in
              an open area to accommodate future maintenance access.
          4. An agreement between the City of Miami and the property owner is
              required for any landscaping and decorative sidewalk treatment
              located in the public right of way. Public Works approval and permit
              is required for any landscaping improvements in the right of way.
          5. Standard parking spaces are 8.5 feet wide and 18 feet long and require a 23
              foot back-up distance.
      6. Public Works policy requires that no closures of vehicular travel lanes will
          be permitted during the course of construction unless a temporary
          replacement lane, approved by the Public Works Department, is constructed
          and maintained by the Contractor throughout the duration of the lane
          closure. A Maintenance of Traffic plan is required for any temporary right
          of way closure request.
     7. In order to mitigate traffic congestion and problems associated with
         unregulated       parking       throughout     the    neighborhood,      the
          Contractor/Developer shall be required to provide approved, designated off
         site parking for workers and a shuttle service to the work site. The
         parking/shuttle plan shall be coordinated with the local City of Miami NET
         Service Center.
     8. All greenspace and landscaping required by the Zoning Ordinance
         must be accommodated on private property.                  Greenspace and
         landscaping within the public right of way cannot be included in the
         calculations for meeting greenspace zoning requirements.
     9. City of Miami driveway entrances, in compliance with A.D.A. standards,
        shall be required. Continuous sidewalk is required across the driveway
        entrances.
     10.Since this project is more than one acre in total construction area, the
        methods of construction must comply with the City of Miami Municipal
        Separate Storm Sewer System Permit (MS4). This project will require a
        Florida Department of Environmental Protection (DEP) Stormwater,
        Erosion and Sediment permit. For information on a DEP permit application,
        please contact the Public Works Department at (305) 416-1200 or
        www. dep. state.fl.us ./water/stormwater/npdes.

 In addition to these comments, the Public Works Department will require the
following street improvements:

N.W.1 Avenue: Construct new sidewalk, curb and gutter and landscaped park way,
with trees, adjacent to the project site in accordance with a street cross section
approved by the Public Works Department. Construct new asphalt pavement
between the new curb and centerline of the avenue from N.W. 11 Terrace and N.W.
12 Street.

N.W. 1 Court: Repair any of the recently constructed sidewalk, curb and gutter and
pavement damaged during construction of the housing project. Construct individual
street tree planters and trees in the existing asphalt pavement in accordance with
Public Works Standards.
 N.W. 11 Terrace: Repair any of the recently constructed sidewalk, curb and gutter
 and pavement damaged during construction of the housing project. Construct
 Additional sidewalk, with street tree planter wells and trees, in the area between the
 existing sidewalk and the base building line.

 N.W. 12 Street: Repair any of the recently constructed sidewalk, curb and gutter and
 pavement damaged during construction of the housing project. Construct additional
 sidewalk in the area between the existing sidewalk and base building line. Construct
 street tree planter wells, with trees, in the existing sidewalk.

In addition, pavement restoration for all water and sewer extensions and pavemnent
damaged during construction, as determined by the City inspector, shall include
milling and resurfacing of the full pavement width, curb to curb, along the entire
length of the excavation and/or damaged pavement area. A thorough cleaning of all
stormwater drainage inlets and storm sewer pipes adjacent to the building site shall
be required at the completion of the project. The streets and avenues adjacent to the
project site must be clear of dust and construction debris at all times. A.D.A.
compliant ramps are required on all four corners of the project site. Remove all
expired underground utility paint markings at the completion of the project.

If you have any questions concerning these comments, please call Mr. Leonard
Helmers, Professional Engineer IV, at extension 1221.


  NI/LJH/ms

  C: RNG Overtown, LLC
     2950 SW 27 Street, Suite 200
     Miami, Fl 33133

    Roberto Lavernia, Chief of Land Development, Planning Department
    Nzeribe Ihekwaba, Ph.D., P.E., Director of Public Works
    Development and Roadway Plans Section
    Central
                                                                                   C, I: T Y  Q F    M 11 A Mi I:
                                                                             'tj,RBAN DEVELO;PMENT REVI1EW BOARD
                                                                                       '/   -'
                                                                                      '-.;<1"
                                                         --: '\                       c:~UDRB RESOLUTION
  ~        _<.    ~..~..__       r;                 .,   co.-::C,           ?~~;             9/15/2010
                      .~    '.
                                 ci-
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                                         '--'
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                                                                                   ~i
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      '"               . :~-' ';'.~,            ... ,                !!       J   //~

      ):"f{ESOLUTION OF JH;Et2TRB~6f DEVELOPMENT REVIEW BOARD (UDRB) OF THE CITY
 ..   OF::MIAMlrPEORI.DA;,;rO APe:ROVE WITH CONDITIONS A MAJOR USE SPECIAL PERMIT
'<"\,<'FDRN'E\j\j:;<:fe-tfS:rRU01Jc5rsi;AT CITY CENTER LOCATED AT 1120 NW FIRST AVENUE.
    ·::t~t~~"'?ROP~.?ED<'JDt~~~~~-;IS CONSISTENT WITH THE CRITERIA SET FORTH IN
      '··ORDINANCEj,,1·QeO,<.;:S~"'
            "-" ,2:~~~:~'":~~:SS~~S~~:;::;Y~'
           CONDITIONS

           1.     Provide fenestration onto the blank walls on the south and north elevations.
           2.     Reanalyze the phasing strategy so that the proposed phase three becomes phase one, in
                  order to provide liners to the garage facades from the first stage of development.

           ITEM NO.2
           MOTION MADE BY ROBERT BEHAR SECONDED BY JULIO DIAZ

                                       VOTE LIST:                                                     YES   NO   RECUSED   ABSENT

                                         TODD B. TRAGASH, CHAIRMAN                                     ~    0      0         0
                                       JULIO DIAZ, VICE CHAIRMAN                                       ~    0      0         0
                                         ROBERT BEHAR                                                  ~    0      0         0
                                         WILLY BERMELLO                                                0    0      0         ~
                                         ROBIN BOSCO                                                   0    0      0         ~
                                         DEAN LEWIS                                                    0    0      0         ~
                                         RUDOLPH MORENO                                                0    0      0         ~
                                         ERNESTO SANTOS                                                0    0      0         ~




           PASSED BY A VOTE OF 3 TO 2.




                                                                                                 PLANNING
                                                                                                 Miami-Dade Aviation Department
                                                                                                                P.O. Box 025504
                                                                                                          Miami, Florida 33102-5504
                                                                                                     T 305-876-7000 F 305-876-0948
MIAMI INTERNATIONAL.       AIRPORT"                                                                          w ww. Iii i a m i -a i rp o rt. co 111

                Commercial Airport:                                                                                          miamidade.gov
          Miami International Airport


           General Aviation Airports:
    Dade-Collier Training &Transition
                 Homestead General
          Kendall-Lanham" Executive
                          Opa-loclm
                     Opa-looka West




                  August 5, 2010

                  Ms. Ana Gelabert-Sanchez, Director
                  City of Miami Department of Planning & Zoning
                  444 SW 2 ii1 Street, 3'd floor, Miami, FL 33130

                  RE:           Determination Number DN-10-07-394 Airspace and Land Use Analysis for City
                                Center, a Large Scale Development Project Located at 1120 NW 1st Avenue, Miami,
                                FL

                  Dear Ms. Gelabert-Sanchez:

                  The Miami-Dade Aviation Department (MDAD) has reviewed the above referenced project for
                  an airspace and land-use analysis and determination letter.

                  Airspace Review:

                  Based on the information provided, our review finds the maximum height of approximately 301'-
                  6" AMSL (Above Mean Sea Level) for the proposed building at the referenced location
                  conforms to the Miami International Airport (Wilcox Field) Zoning Ordinance.

                  This height determination is an estimate issued on a preliminary or advisory basis. Please note
                  that as a preliminary height determination it does not constitute approval by MDAD for
                  con s truction until coordination and a "No-Hazard" determination from the Federal Aviation
                  Administration (FAA) is obtained. Please note, any proposed construction at this location
                  reaching or exceeding 200 feet AMSL is required to be . filed with the Federal Aviation
                  Administration (FAA) using Form 7460-1 `Notice of Proposed Construction Alteration for
                  Determination of Known Hazards'.

                  In addition, any construction cranes for this project at this location reaching or exceeding 200 feet
                  AMSL must be filed by the construction contractor using the same form. Thus, for any crane
                  reaching or exceeding 200 feet AMSL, FAA form 7460-1 must be filed. The form is available
                  through this office or through the FAA website: https://oeaaa.faa.gov . This form should be mailed
                  to: Federal Aviation Administration, Air Traffic Airspace Branch - ASW-520, 2601 Meacham
                  Blvd, Ft. Worth, TX 76137-0520. Alternatively, the applicant may "e-file" online at
                  https://oeaaa.faa.gov .
August 5, 2010
Ms. Ana Gelabert-Sanchez
Page 2



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

Furthermore, please note that upon completion of this project, no Certificate of Use and
Certificate of Occupancy shall be issued by a municipality or Miami-Dade County until approval
is obtained by this office certifying that the structure was built no higher that the height approved
by this letter. The approval shall be issued by this office after submittal by applicant of the
required information as outlined in the Miami International Airport (Wilcox Field) Zoning
Ordinance, Section 33-349 Airspace Approvals, Paragraph A,
Subsection 2.

Land Use Review:

Based on the available information, MDAD has determined that the proposed affordable housing
development is compatible with airport operations.

Should you have any questions, please feel free to contact me at 305-876-8080.




Ammad Riaz, E.I.
Airport Engineer

AR/rb

C:      S. Harman
        J. Ramos
        R. Bergeron
        Roberto Lavernia, City of Miami
        Antonio E. Perez, City of Miami
        Albert J. Oviedo, Corwil Architects, Inc.
        Linda Christian-Cruz, Shut-1s & Bowen LLP
                                                                                                                                  Pint Form




                                                            City of Miami
                                                     Public School Concurrency
                                        Concurrency Management System Entered Requirements



       Applicant Fields                                                Information

      Application Type                                                Application for a Major Use Special Permit to develop a
      Application Sub-Type
      Application Name                                             * City Center
      Application Phone                                            * 305-347-7354
      Application Email                                            * rbailine@shutts.com
      Application Address                                          * do Shutts & Bowen LLP, 201 S. Biscayne Blvd. #1500

      Contact Fields                                                   Information


      Contact Name                                              * Ryan D. Bailine
      Contact Phone                                             * 305-347-7354
      Contact Email                                            *      rbaiiine@shutts.com
      Local Govt. Name                                                 City of Miami
      Local Govt. Phone                                                305-416-1400
      Local Govt. Email                                                GOO av@Alp lama. It
      Local Govt. App. Number           (OFFICIAL USE ONLY)



      Property Fields                                                 Information

     Master Folio Number                                       *     01-3136-009-1810
     Additional Folio Number                                         see attached
     Total Acreage                                             *     2.32 acres
     Proposed Land Use/Zoning                                  *     High Density Multi-family Residential
     Single-Family Detached Units                              *
     Single-Family Attached Units (Duplex)                     *
     Multi-Family Units                                        * 340 affordable residenital units
     Total # of Units                                          * 340 affordable residenital units
     Redevelopment Information (MUSPs) - Re-development applications are for those vacant sites for which a local
     government has provided vested rights; or for an already improved property which does not have to be re-platted as
     deemed by the local government. The number of units to be input into the CMS is the net difference between the existing
     vested number of units and the newly proposed number of units.
          Example: an existing 20-unit stnictwe will be torn down for redevelopment. The newly proposed development calls
          for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less
         the newly proposed 4 units).


     Required Fields for Application




 1Z-InnI>•                       I
                          1 I^1 .2r
  Owner(s)/Attornev/Applicant Name


STATE OF FLORIDA
COUNTY OF MIAMI-DADE
                                                                                   /
    The foregoing was acknowledged before me this              day of•
20 I0         , by Ryan D. Bailine
who is a(n) individuaUpartner/aplent/corporation of                                     a(n)
individual/partnership/corporation. He/She is eersonally known tome or who has produced
_ as identification and who did (did not) take an oath.

                  NOTARY PUBLIC - STATE OF FLORIDA
    (Stamp)
                                     Thda Christian
                                      ,ti5sic; 1` ;1416
                                                          201
                                               City of Miami                                              City Hall
                                                                                                     3500 Pan American
                                                                                                           Drive
                                                  Legislation                                         Miami, FL 33133
                                                                                                     www.miamigov.com

                                               PZAB Resolution

     File Number: 10-00581mu                                                                Final Action Date:


          A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
          RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI
          CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A
          MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF
          ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE CITY CENTER
          PROJECT, TO BE LOCATED AT APPROXIMATELY 100 NORTHWEST 12TH
          STREET, 1120 NORTHWEST 1 AVENUE, 105 AND 113 NORTHWEST 11
          TERRACE, AND 1129,1135, 1145, 1151, AND 1159 NORTHWEST 1 COURT,
          MIAMI, FLORIDA, TO CONSTRUCT A MIXED USE RESIDENTIAL COMPLEX
          COMPRISED OF TWO 27 STORY TOWERS WITH 9 STORY PODIUM-PARKING
          GARAGE AND A TOTAL MAXIMUM HEIGHT OF AN APPROXIMATE 270'-8"
          N.G.V.D. AT TOP OF ROOF SLAB, PROVIDING APPROXIMATELY 340 TOTAL
          MULTIFAMILY RESIDENTIAL UNITS WITH APPROXIMATELY 392,612 SQUARE
          FEET OF FLOOR AREA, 3,130 SQUARE FEET OF RETAIL SPACE AND 478
          OFF-STREET PARKING SPACES; MAKING FINDINGS OF FACT AND STATING
          CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A
          SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.




     WHEREAS, on May 3, 2010 Ryan D. Bailine, Esquire, on behalf of RNG Overtown LLC and CDG
City Center, Ltd. (referred to as "APPLICANT"), submitted a complete Application for Major Use
Special Permit for the City Center project (10-00581mu) (referred to as "PROJECT") pursuant to
Articles 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 100
NW 12th Street, 1120 NW 1st Avenue, 105-13 NW 11th Terrace and 1129-35-45-51-59 NW 1st Court,
Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and

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

    WHEREAS, the Large Scale Development Committee met on July 14, 2010 to consider the
proposed project and offer its input; and

    WHEREAS, the Urban Development Review Board met on September 15, 2010, to consider the
proposed project and recommended approval with conditions; and

     WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on December 15, 2010,
following an advertised public hearing, adopted Resolution No. PZAB-*-* by a vote of - to - (-), item no.
PZAB.3, recommending - of the Major Use Special Permit Development Order as set forth; and

     WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare
of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set forth;

City of Miami                                Page 1 of 11                File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
File Number: 10-00581mu


   NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:

    Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.

    Section 2. A Major Use Special Permit Development Order, incorporated within, is approved
subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No.
11000, for the PROJECT to be developed by the APPLICANT, at approximately 100 NW 12th Street,
1120 NW 1st Avenue, 105-13 NW 11th Terrace and 1129-35-45-51-59 NW 1st Court, Miami, Florida,
more particularly described on "Exhibit A," attached and incorporated.

    Section 3. The PROJECT is approved for the construction of a Mixed use residential project
comprised of two 27 story towers with 9 story podium-parking garage; with a total maximum height of
approximately 254' 6" foot A.G.L. (270'-8" N.G.V.D) at the top of roof slab; and approximately 392,612
square feet of floor area inclusive of approximately 340 total multifamily residential units, approximately,
3,130 square feet of retail space, and approximately 478 off-street parking spaces.

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

    Section 5. The findings of fact set forth below are made with respect to the subject PROJECT:
    a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as
amended.
         b. The PROJECT is in accord with the SD-16.1 (Southeast Overtown-Park West Commercial
-Residential District .1) zoning classification of Zoning Ordinance No. 11000, the Zoning Ordinance of
the City of Miami, Florida, as amended.
    c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT that have been found by the City Commission (based upon facts and reports prepared or
submitted by staff or others) to adhere to the following Design Review Criteria subject to the any
applicable conditions in the Development Order herein:

DESIGN REVIEW CRITERIA                           APPLICABILITY           COMPLIANCE

I) Site and Urban Planning:

Design Review Criteria                           Applicability           Compliance
(1) Respond to the physical contextual              Yes                     Yes*
environment taking into consideration
urban form and natural features;

(2) Sitting should minimize the impact                 Yes                     Yes
of automobile parking and driveways
on the pedestrian environment and
adjacent properties;

(3) Buildings on corner lots should                    Yes                     Yes*
be oriented to the corner and public




City of Miami                               Page 2 of 11               File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
File Number: 10-00581mu

street fronts.


II) Architecture and Landscape Architecture:

Design Review Criteria                          Applicability     Compliance
(1) A project shall be designed to                 Yes               Yes*
comply with all applicable landscape
ordinances;

(2) Respond to the neighborhood                       Yes               Yes*
context;

(3) Create a transition in bulk and                   Yes               Yes*
scale;

(4) Use architectural styles and details              Yes               Yes*
(such as roof lines and fenestration),
colors and materials derivative from
surrounding area;

(5) Articulate the building facade                    Yes               Yes*
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.


III) Pedestrian Oriented Development:

Design Review Criteria                          Applicability     Compliance
(1) Promote pedestrian interaction;                Yes               Yes*

(2) Design facades that respond                       Yes               Yes*
primarily to the human scale;

(3) Provide active, not blank facades.                Yes               Yes*
Where blank walls are unavoidable,
they should receive design treatment.


IV) Streetscape and Open Space:

Design Review Criteria                          Applicability     Compliance
(1) Provide usable open space that                 Yes               Yes*
allows for convenient and visible
pedestrian access from the public
sidewalk;

(2) Landscaping, including plant                      Yes               Yes*




City of Miami                              Page 3 of 11         File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
File Number: 10-00581mu

Material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.


V) Vehicular Access and Parking:

Design Review Criteria                         Applicability     Compliance
(1) Design for pedestrian and                     Yes               Yes
vehicular safety to minimize conflict
points;

(2) Minimize the number and width                    Yes               Yes
of driveways and curb cuts;

(3) Parking adjacent to a street front               Yes               Yes
should be minimized and where
possible should be located behind
the building;

(4) Use surface parking areas as                     N/A                 -
district buffer.


VI) Screening:

Design Review Criteria                         Applicability     Compliance
(1) Provide landscaping that screen               Yes               Yes*
undesirable elements, such as
surface parking lots, and that
enhances space and architecture;

(2) Building sites should locate                     Yes               Yes
service elements like trash
dumpster, loading docks, and
mechanical equipment away from
street front where possible. When
elements such as dumpsters,
utility meters, mechanical units and
service areas cannot be located away
from the street front they should be
situated and screened from view to
the street and adjacent properties;

(3) Screen parking garage structures                 Yes               Yes
with program uses. Where program
uses are not feasible soften the garage




City of Miami                             Page 4 of 11         File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
File Number: 10-00581mu

structure with trellises, landscaping,
and/or other suitable design element.


VII) Signage and Lighting:

Design Review Criteria                             Applicability        Compliance
(1) Design signage appropriate for                    Yes                  N/A**
the scale and character of the project
and immediate neighborhood;

(2) Provide lighting as a design feature                 Yes                  N/A**
to the building facade, on and around
landscape areas, special building or
site features, and/or signage;

(3) Orient outside lighting to minimize                  Yes                  N/A**
glare to adjacent properties;

(4) Provide visible signage identifying                  Yes                  N/A**
building addresses at the entrance(s)
as a functional and aesthetic
consideration.


VIII) Preservation of Natural Features:

Design Review Criteria                             Applicability        Compliance
(1) Preserve existing vegetation and/or               Yes                  Yes*
geological features whenever possible.


IX) Modification of Nonconformities:

Design Review Criteria                             Applicability        Compliance
(1) For modifications of nonconforming                Yes                  N/A
structures, no increase in the degree
of nonconformity shall be allowed;

(2) Modifications that conform to                        Yes                  N/A
current regulations shall be designed
to conform to the scale and context of
the nonconforming structure.

*Compliance is subject to conditions
** Not applicable at this time, subject to review and approval.

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




City of Miami                                 Page 5 of 11            File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
File Number: 10-00581mu

         d. Pursuant to Section 1305.3. of the Zoning Ordinance, the use and occupancy of the
proposed project have been found by the City Commission to adhere to other specific
consideration(s) set forth in the zoning ordinance, the City Code, and other applicable
regulation(s).

         e. Pursuant to 1305.3.1. of the Zoning Ordinance, the adequacy of the manner in which
the proposed use will operate, given its specific location and proximity to less intense uses, has
been found by the City Commission to adhere to other specific consideration(s) set forth in the
zoning ordinance, the City Code and other applicable regulation(s), with particular consideration
given to protecting the residential areas from excessive noise, fumes, odors, commercial vehicle
intrusion, traffic conflicts, and the spillover effect of light.

     f. The PROJECT is expected to cost approximately $ 53.3, and to employ approximately 350
workers during construction (FTE-Full Time Employees); The PROJECT will also result in the creation
of approximately 10 permanent new jobs (FTE) and will generate approximately $ 39,310 annually in
tax revenues to the City (2010 dollars).

    g. The City Commission further finds that:
         (1) the PROJECT will have a favorable impact on the economy of the City;
         (2) the PROJECT will efficiently use public transportation facilities;
         (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with
the conditions of this Major Use Special Permit;
         (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably
accessible to their places of employment;
         (5) the PROJECT will efficiently use necessary public facilities;
         (6) the PROJECT will not negatively impact the environment and natural resourcs of the City;
         (7) the PROJECT will not adversely affect living conditions in the nghborhood;
         (8) the PROJECT will not adversely affect public safety;
         (9) based on the record presented and evidence presented, the public welfare will be served by
the PROJECT; and
         (10)     any potentially adverse effects of the PROJECT arising from safety and security, fire
protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority
participation and employment, and minority contractor/subcontractor participation as applicable will be
mitigated through compliance with the conditions of this Major Use Special Permit.

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

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

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

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

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

     Section 11.      In the event that any portion or section of this Resolution or the Development Order

City of Miami                                 Page 6 of 11               File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
File Number: 10-00581mu

is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction,
such decision shall in no manner affect the remaining portions of this Resolution or Development
Order which shall remain in full force and effect.

   Section 12.   The provisions approved for this Major Use Special Permit, as approved, shall
commence and become operative thirty (30) days after the adoption of the Resolution.

   Section 13.  This Major Use Special Permit, as approved, shall expire two (2) years from its
commencement and operative date.

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


DEVELOPMENT ORDER

         Let it be known that pursuant to Articles 13 and 17 of Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the
City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit
for City Center (10-00581mu), (hereinafter referred to as the "PROJECT") to be located at
approximately 100 NW 12th Street, 1120 NW 1st Avenue, 105-13 NW 11th Terrace and 1129-35-45-
51-59 NW 1st Court, Miami, Florida (see legal description on "Exhibit A", attached and incorporated),
is subject to any dedications, limitations, restrictions, reservations or easements of record.

        After due consideration of the recommendations of the Planning Advisory Board and after due
consideration of the consistency of this proposed development with the Miami Comprehensive
Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following
conditions approves the Major Use Special Permit and issues this Permit:


FINDINGS OF FACT

PROJECT DESCRIPTION:

    The proposed PROJECT is a mixed use development to be located at approximately 100 NW 12th
Street, 1120 NW 1st Avenue, 105-13 NW 11th Terrace and 1129-35-45-51-59 NW 1st Court, Miami,
Florida. The PROJECT is located on a gross lot area of approximately 2.32± acres and a net lot area
of approximately 1.15± acres of land (more specifically described on "Exhibit A", incorporated herein
by reference). The remainder of the PROJECT's Data Sheet is attached and incorporated as "Exhibit
B".

         The proposed PROJECT will be a Mixed use residential project comprised of two 27 story towers
with 9 story podium-parking garage; with a total maximum height of approximately 254' 6" foot A.G.L.
(270'-8" N.G.V.D) at the top of roof slab; and approximately 392,612 square feet of floor area inclusive
of approximately 340 total multifamily residential units, approximately, 3,130 square feet of retail space,
and approximately 478 off-street parking spaces.

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

MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, (1), to allow a residential
development involving in excess of two hundred (200) dwelling units;

City of Miami                                  Page 7 of 11                File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
File Number: 10-00581mu


The Major Use Special Permit includes the following subordinate Special Permits and Requests:

CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to allow a waiver of the required one (1)
additional foot width dimension of parking stalls abutting a wall, fence, building, or other physical
obstruction.

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

CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow temporary carnival, festival, fair
or similar type event on privately owned or City-owned land such as a ground breaking ceremony;

CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916.2.1, to allow parking for temporary special
event such as ground breaking ceremonies;

CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-street offsite
parking, for construction crews working on a residential commercial project under construction, within
SD-16.1 or more permissive zoning district;

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

CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6.3.16, SD-16, 16.1, 16.2 Southeast
Overtown-Park Park West Commercial-Residential District, Temporary Signs (3), to allow temporary
development signs;

Request authorization from the City Manager or his designee, which authorizes the operation and use of
construction machinery during otherwise prohibited periods of time in the event that such operation or use
is required to eliminate or reduce any dangerous or hazardous conditions which endangers life or
property, pursuant to Chapter 36 NOISE, Section 36-6 of the City Code.

    Pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, approval of the requested Major
Use Special Permit shall be considered sufficient for the subordinate permits requested and
referenced above as well as any other special approvals required by the City which may be required to
carry out the requested plans.

     The PROJECT shall be constructed substantially in accordance with plans and design schematics
on file prepared by Corwil Architects Inc., dated April 6 and November 30, 2010; said plans may be
permitted to be modified only to the extent necessary to comply with the conditions for approval
imposed herein; all modifications shall be subject to the review and approval of the Planning Director
prior to the issuance of any building permits; and

        The PROJECT conforms to the requirements of the SD-16.1 (Southeast Overtown-Park West
Commercial -Residential District .1) zoning classification, as contained in the Zoning Ordinance, the
Zoning Ordinance of the City of Miami, Florida, as amended. The proposed comprehensive plan future
land use designation on the subject property allows the proposed uses.

CONDITIONS

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File Number: 10-00581mu


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

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

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

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

         4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste
that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a
shell permit.

        5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for
Development Approval, with the understanding that the APPLICANT must use its best efforts to follow
the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide, as
applicable.

6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of any
   building permit:

     ·    Declaration of Covenants and Restrictions providing that the ownership, operation and
          maintenance of all common areas and facilities will be by the property owner or a mandatory
          property owner association in perpetuity; and
     ·    Record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title if, applicable,
          subject to the review and approval of the City Attorney's Office.

         7) Prior to the issuance of a shell permit, provide the Planning Department with a recorded
copy of the documents mentioned in condition (6) above.

8) Provide the Planning Department with a temporary construction plan that includes the following:

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

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File Number: 10-00581mu


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

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

        11) Pursuant to design related comments, the applicant shall meet the following conditions to
be reviewed and approved by the Planning Director, prior to the issuance of any building permit, as
applicable:

     Urban Design
     a. Reduce the project        scale   to   maintain        the   character     of   the     surrounding       properties     and
        neighborhood,

     Architecture
     b. Provide color elevations and details of the materials to be used on exteriors, as well as ground
        level details at a larger scale,

     Landscape
     c. Submit a complete landscape plan in compliance with City of Miami Landscape and Tree
        Protection Ordinance
     d. Submit details of all plazas and sidewalk spaces for review and approval,

     Other
     e. Attain the sufficiency letter from the City's Traffic Consultant, URS Corp.
     f. Comply with the recommendations of the "Phase I and Limited Phase II Environmental Site
        Assessment" submitted as part of the application; and
     g. Revise the phasing strategy so that the proposed phase three is incorporated within phase one or
        two.


         12) Pursuant to comments by the City of Miami Public Works Department, the following
specific street improvements are required: (1) N.W.1 Avenue: Construct new sidewalk, curb and gutter
and landscaped park way, with trees, adjacent to the project site in accordance with a street cross
section approved by the Public Works Department. Construct new asphalt pavement between the new
curb and centerline of the avenue from N.W. 11 Terrace and N.W. 12 Street, (2) N.W. 1 Court: Repair
any of the recently constructed sidewalk, curb and gutter and pavement damaged during construction
of the housing project. Construct individual street tree planters and trees in the existing asphalt
pavement in accordance with Public Works Standards.

        13) Prior to issuance of any building permit, the applicant shall pay in full the DRI fee
(Southeast Overtown Park West (SEOPW) Development of Regional Impact (DRI) area fees, which at
the time of this analysis have been calculated to be an approximate amount of $ 226,240.27.

          14) Within 90 days of the effective date of this Development Order, the Planning Department

City of Miami                                  Page 10 of 11                     File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
File Number: 10-00581mu

shall be provided with a certified copy recorded, specifying that the Development Order runs with the
land and is binding on the Applicant, its successors, and assigns, jointly or severally.


THE CITY SHALL:

     Establish the operative date of this Permit as being thirty (30) days from the date of its issuance;
the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the
provisions of the Permit.

CONCLUSIONS OF LAW

        The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of
Miami, and complies with local land development regulations and further, pursuant to Section 1703 of
the Zoning Ordinance:

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

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

REVIEWED AND APPROVED
OFFICE OF THE CITY ATTORNEY:


__________________________________
Initial

__________________________________
Date




Footnotes:


{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.




City of Miami                                  Page 11 of 11               File Id: 10-00581mu (Version: 1) Printed On: 12/8/2010
"EXHIBIT A"
"EXHIBIT B"

								
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