planning fact sheet - miamiegov.ci.miami.fl.us/legistarweb/attachments/35887.pdf · proximately...

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PLANNING FACT SHEET LEGISTAR FILE ID: 07-00529mu July 18, 2007 Item # 4 APPLICANT Iris Escarra, Esquire, on behalf of BCRE Element, LLC f/k/a CG Miami Partners II, LLC and CG Miami Partners Ill, LLC. REQUESTILOCATION Consideration of a Major Use Special Permit for the Element 1 & 2 project, located at approximately 601-21 Northeast 3 0 ' ~ Terrace, 525, 601, 6151, 621, 629, 637, 645 Northeast 31'' Street and 540, 550, 590, 600, and 608 Northeast 32"d Street, Illliami, Florida. COMMISSION DISTRICT ZONING DISTRICT(S) SITE AREA LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD ClTY COMMISSION R-4 (High Density Multifamily Residential) with SD-20 Overlay District 5.99+ acres (Gross) and 4.44k acres (Net) See supporting documentation Consideration of a Resolution, approving with conditions, a Major Use Special Permit pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, as amended, for the Element 1 & 2 project, to be located at approximately 601-21 Northeast 30th Terrace, 525, 601, 6151, 621, 629, 637, 645 Northeast 31st Street and 540, 550, 590, 600, and 608 Northeast 32nd Street, Miami, Florida, to construct two residential structure comprised of two towers: "Element 1" with an approximate height of 549 feet, (50-story) and 12 townhouses unit totaling 321 condominium units; and "Element 2": with an approximate height of 246 feet, (19-story ) and 7 townhouses unit totaling 92 condominium units; the project is 413 total multifamily residential units and approximately 645 parking spaces. APPROVAL with conditions See supporting documentation VOTE: ClTY OF NllANll PLANNING DEPARTMENT 444 SW zND AVENUE, 3RD FLOOR MIAMI. FLORIDA, 33130 PHONE (305) 416-1500 . . . . . . . . . . . . . . ... . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . , . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . , . . , , . . . . . . . . . . . , . . . . , . . , , , , , , . . . . . , . , . , , . . . . . . . , . . . . . . . , . . . . , . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . , . . , . . , Date Printed: 7/5/2007 Page 1

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Page 1: PLANNING FACT SHEET - Miamiegov.ci.miami.fl.us/Legistarweb/Attachments/35887.pdf · proximately 650,963 square feet of residential floor area including common areas and residential

PLANNING FACT SHEET

LEGISTAR FILE ID: 07-00529mu July 18, 2007 Item # 4

APPLICANT Iris Escarra, Esquire, on behalf of BCRE Element, LLC f/k/a CG Miami Partners II, LLC and CG Miami Partners Ill, LLC.

REQUESTILOCATION Consideration of a Major Use Special Permit for the Element 1 & 2 project, located at approximately 601-21 Northeast 3 0 ' ~ Terrace, 525, 601, 6151, 621, 629, 637, 645 Northeast 31'' Street and 540, 550, 590, 600, and 608 Northeast 32"d Street, Illliami, Florida.

COMMISSION DISTRICT

ZONING DISTRICT(S)

SITE AREA

LEGAL DESCRIPTION

PETITION

PLANNING RECOMMENDATION

BACKGROUND AND ANALYSIS

PLANNING ADVISORY BOARD

ClTY COMMISSION

R-4 (High Density Multifamily Residential) with SD-20 Overlay District

5.99+ acres (Gross) and 4.44k acres (Net)

See supporting documentation

Consideration of a Resolution, approving with conditions, a Major Use Special Permit pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, as amended, for the Element 1 & 2 project, to be located at approximately 601-21 Northeast 30th Terrace, 525, 601, 6151, 621, 629, 637, 645 Northeast 31st Street and 540, 550, 590, 600, and 608 Northeast 32nd Street, Miami, Florida, to construct two residential structure comprised of two towers: "Element 1" with an approximate height of 549 feet, (50-story) and 12 townhouses unit totaling 321 condominium units; and "Element 2": with an approximate height of 246 feet, (19-story ) and 7 townhouses unit totaling 92 condominium units; the project is 413 total multifamily residential units and approximately 645 parking spaces.

APPROVAL with conditions

See supporting documentation

VOTE:

ClTY OF NllANll PLANNING DEPARTMENT 444 SW zND AVENUE, 3RD FLOOR MIAMI. FLORIDA, 33130

PHONE (305) 416-1500

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . , . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . , . . , , . . . . . . . . . . . , . . . . , . . , , , , , , . . . . . , . , . , , . . . . . . . , . . . . . . . , . . . . , . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . , . . , . . , Date Printed: 7/5/2007 Page 1

Page 2: PLANNING FACT SHEET - Miamiegov.ci.miami.fl.us/Legistarweb/Attachments/35887.pdf · proximately 650,963 square feet of residential floor area including common areas and residential

ANALYSIS MAJOR USE SPECIAL PERMIT

for ELEMENT 1 & 2

located at approximately 601-21 Northeast 3oth Terrace, 525, 601, 6151, 621, 629, 637, 645 Northeast 31" Street

and 540, 550, 590, 600, and 608 Northeast 32" Street, Miami, Florida

LEGISTAR FILE ID: 07-00529mu

The proposed development "ELEMENTS 1 & 2" wil l be comprised of two Multifam- ily High-Density Residential Buildings with a total of 413 residential units, ap- proximately 650,963 square feet of residential floor area including common areas and residential amenities, and wil l provide a total of 645 parking stalls. The taller of the two structures (Element 1) wil l have a maximum height of 549 feet N.G.V.D. at top of parapet.

Pursuant to Zoning Ordinance 11000, as amended, Supplement 14, the Zoning Or- dinance of the City of Miami, Florida, the subject proposal for ELEMENTS 1 & 2 at 600 N.E. 31ST Street Miami, Florida has been submitted and reviewed to allow an applica- tion for Major Use Special Permit, subject to all applicable criteria;

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

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

MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (8) and ARTICLE 9, Section 914, Sub-section 914.1 Dwelling unit, square footage, and off- street parking bonuses for contribution to Affordable Housing Trust Fund; excep- tions, to allow an increase up to twenty (25) percent of additional floor area as a development bonus of approximately 112,376.63 square feet, the user shall make a non-refundable bonus developer contribution of an amount of $1,393,740.21 to the Af- fordable Housing Trust Fund administered by the City of [Miami;

MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (9) and ARTICLE 5, Sect. 502. PUD districts; minimum area, maximum densities and maximum floor area ratios permitted (a)(c), to allow up to 20 % increase of floor area ratio, for an increase of approximately 89,789 square feet of floor area;

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

CLASS II SPECIAL PERMIT, as per AR'I'ICLE 6, Section 620.3.1, Class II Special Permit, to allow the construction of any new building in SD-20 district;

CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1511. Class II Special Permit required for any development between Biscayne Bay and the first dedi- cated right-of-way, to allow a new development adjacent to the Biscayne Bay;

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CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 903, Sub-section 903.1, Rules concerning projects crossing district boundaries o r streets; requirements and limitations, to allow a project designed as a single site and it occupies lots divided by a street or alley;

CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 922, and Sub-section 922.4.(c), Special Permits required for proposed off-street loading facilities o r for substantial modification o f existing facilities, to allow maneuvering of trucks on pub- lic rights-of-way with referral to Public Works Director;

CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub-section 906.9. Temporary special events; special permits; criteria, to allow temporary carnival, fes- tival, 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, Sub-section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as ground breaking ceremonies;

CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub-section 918.2. Temporary off-street offsite parking for construction crews, criteria, to allow tem- porary off-street offsite parking for construction crews working on a residential pro- ject under construction, within R-4 and SD-20 or more permissive zoning district;

CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub-section 920.1.2. Limitations on occupancy o f mobile homes, to allow parking o f 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 tempo- rary construction offices such as watchman's quarters, leasing and sales centers;

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

CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.5, Sub-section 10.5.3.4, R-4 Multifamily High-Density Residential and SD-20, Temporary Signs (3), to allow temporary development signs;

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

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

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

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

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

. It is found that the proposed development project will benefit the area by creating residential units along Biscayne Bay and Biscayne Boulevard in the WynwoodIEdgewater NET District, between NE 36th Street to the north and NE 28Ih Street to south.

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

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

It is found that the proposed residential density of the project (413 units at 93.23 units per acre) is below the maximum 666 units (150 units per acre) on the 4.43 f net acre site.

It is found that the total allowable combined floor area without bonuses for the 6.01f gross acre site at a Floor Area Ratio (FAR) of 1.72 is 448,948 square feet. The project as proposed is requesting a bonus of 20% PUD (89,789 sq. ft.) and 25% Affordable Housing Trust Fund (1 12,237 sq. ft.) for a total allowable FAR of 650,974 square feet, of which 650,963 square feet is proposed.

. It is found that pursuant to Article 9, Section 914, Sub-section 914.1, the proposed project is requesting a development bonus of 112,376.63 square feet of additional floor area, and shall make a non-refundable bonus developer contribution to the Affordable Housing Trust Fund at amount of $12.40 per square foot for a total of $1,391,738.80

It is found that the maximum height of the proposed structure is approximately 549 feet. Pursuant to Article 4, Section 401 of R-4 "Multifamily Residential" with SD-20 "Edgewater Overlay District" zoning districts.

It is found that the proposed open space for the project 92,577 sq. ft. is above the minimum required open space (39,201 sq. ft. at 15% GLA) for this project.

It is found that the proposed total number of parking spaces (approximately 645) for the project is above the required minimum number of 486 parking spaces.

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It is found that the project is expected to cost approximately $438,566,606 and to employ approximately 554 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 15 permanent new jobs (FTE) for building operations and will generate approximately $2,072,378 annually in tax revenues to the City (2009 dollars).

It is found that the Large Scale Development Committee reviewed the project on February 23, 2007 to address the expressed technical concerns raised at said Large Scale Development Committee meeting.

It is found that the proposed project was reviewed by the Internal Design Review Committee on January 16, 2007, and the following revised pertinent comments were made: Architecture: (1) Provide further design details of the proposed piazza between Element I and Element 11; (2) Provide dimensions from the bulkhead wall to the building faces on Element I, in order to clarify building setbacks; (3) Provide improved elevations at the northeast corner of Element II in front of the proposed open areas; (4) The blank walls on the North Elevation needs to be addressed; (5) The treatment of blank walls should be of an exceptional quality and shall be reviewed and approved by the Planning Director; Parking GarageILoading: (1) Maneuvering for loading on the right of way is unacceptable and would need to be approved by the Planning Director; (2) Provide liners or improve the parking garage fa~ade along NE 30th Terrace; (3) Clarify what materials are to be used to screen the garage on the North Elevation; Pedestrian Realm: (1) Design Dead end and street conditions in accordance with City of Miami's River and Bay Walk Guides Design & Standards; (2) The pedestrian sidewalk realm shall remain at a consistent height throughout. Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works; Urban Design: (1) The Design Review Committee encourages the applicant to provide a better treatment on the fa~ade along NE 32nd Street in order to enhance the pedestrian experience. Consider providing a liner of habitable space as a solution. (2) The proposed ground and second floor areas facing the NE open spacelpark shall be provided with active uses, instead of service related uses, in order to enhance the pedestrian realm of the adjacent open spaces; Materials: (1) Materials to be used in all four elevations of the buildings, including windows, balconies, and garage screening must be reviewed and approved by Planning Director.

It is found that on February 20, 2007, the City of Miami Public Works Department provided a review of the project and commented that: (1) N.E. 30 Terrace: Construct new sidewalk, curb and gutter and reconstruct pavement, full width, adjacent to the project site. Construct new stormwater drainage system. Mill and resurface the reminder of the terrace from the project site to N.E. 4 Avenue (2) N.E. 31 Street: Replace damaged sidewalk, curb and gutter in both sides of the street adjacent to the project site. The "Element I & II" developer shall coordinate the re-construction of the easterly terminus of N.E.31 Street with the developer of the "Edgewater" project. However, in order to obtain a TCO or CO for the "Element I and/or II" projects, all roadway improvements must be complete. (3) N.E. 32 Street: Construct a sidewalk, curb and gutter adjacent to the project site and reconstruct pavement, full width, adjacent to the project site. Mill and resurface the reminder of the street from the project site to N.E. 4 Avenue. The "Element I & II" developer shall coordinate the re- construction of the easterly terminus of N.E.31 Street with the developer of the "Edgewater" project. However, in order to obtain a TCO or CO for the "Element I

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and/or II" projects, all roadway improvements must be complete. Modification of the existing stormwater drainage system may be required. (4) N.E. 7 Avenue: Construct the new sidewalk, curb and gutter adjacent to the project site and reconstruct the full width of pavement. Modification of the existing stormwater drainage system may be required. The "Element I & II" developer shall coordinate the re-construction of the easterly terminus of N.E.31 Street with the developer of the "Edgewater" project. However, in order to obtain a TCO or CO for the "Element I andlor II" projects, all roadway improvements must be complete. It is found that Miami-Dade Public Schools provided a revised review of the proposed project on February 5, 2007. The student population generated by this development is estimated at 114 students. The schools serving this area of application are Eneida M. Hartner Elementary; (55 students) - 114% Florida Inventory School Houses (FISH) Capacity; Jose De Diego Middle (25 students) - 89% FISH; and Booker T. Washington Senior High (34 students) - 70% FISH. Pursuant to the Interlocal Agreement, all schools meet the review threshold of 11 5%.

It is found that the Miami-Dade Aviation Department provided a height analysis review on February 12, 2007; the proposed project conforms to the Miami Dade County Height Zoning Ordinance. However, any construction cranes for this project reaching or exceeding 200 feet AMLS must be filed by the construction contractor using the same form mentioned before.

It is found that on April 9, 2007, the City's Traffic Consultant, URS Corp., provided a review (W.O. #176) of the Traffic Impact Analysis submitted by the applicant and has found the traffic analysis sufficient contingent upon the following Transportation Control Measures; (1) - Provide transit subsidies to residents, (2) - Placements of transit information at convenient locations the site including route schedules and maps, (3) - Provide convenient and secure spaces for bicycles, and (4) - Provide transit oriented amenities.

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

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

1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit including the required Affordable Housing Trust fund contribution of $12.40 per square foot for any applicable FAR increase sought under those provisions.

2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have

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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 APPI-ICANT must use its best efforts to follow the provisions of the City's MinorityNVomen Business Affairs and Procurement Program as a guide.

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

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

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

9) In so far as this Major Use Special Permit includes the subordinate approval of a series of 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

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developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director.

11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions: (a) Provide final design and details of the piazza between Element I and Element II for review and approval by Planning Director prior to the issuance of the building permit; (b) Provide dimensions from the bulkhead wall to the building faces on Element I; (c) Provide improved elevations, more specifically, to the northeast corner of Element II for review and approval by Planning Director prior to the issuance of the building permit; (d) Blank walls are not acceptable, provide further details; (e) Internalize maneuvering of loading; (f) Provide liners or improve the parking garage fa~ade along NE 30th Terrace; (g) Provide for review and approval by Planning Director prior to the issuance of the building permit, what kind of materials are to be used to screen the garage on the North Elevation; (h) Design dead end and street conditions in accordance with City of Miami's River and Bay Walk Guides Design & Standards; (i) The pedestrian sidewalk realm shall remain at a consistent height throughout. Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works; (j) The proposed ground, and second floor areas facing the open spacelpark shall be provided with active uses, instead of service related uses; (k) Materials to be used in all elevations of the buildings, including windows, balconies, and garage screening must be reviewed and approved by Planning Director.

12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: (a) N.E. 30 Terrace: Construct new sidewalk, curb and gutter and reconstruct pavement, full width, adjacent to the project site. Construct new stormwater drainage system. Mill and resurface the reminder of the terrace from the project site to N.E. 4 Avenue (b) N.E. 31 Street: Replace damaged sidewalk, curb and gutter in both sides of the street adjacent to the project site. The "Element I & II" developer shall coordinate the re-construction of the easterly terminus of N.E.31 Street with the developer of the "Edgewater" project. However, in order to obtain a TCO or CO for the "Element I and/or II" projects, all roadway improvements must be complete. (c) N.E. 32 Street: Construct a sidewalk, curb and gutter adjacent to the project site and reconstruct pavement, full width, adjacent to the project site. Mill and resurface the reminder of the street from the project site to N.E. 4 Avenue. The "Element I & II" developer shall coordinate the re-construction of the easterly terminus of N.E.31 Street with the developer of the "Edgewater" project. However, in order to obtain a TCO or CO for the "Element I and/or 11'' projects, all roadway improvements must be complete. Modification of the existing stormwater drainage system may be required. (d) N.E. 7 Avenue: Construct the new sidewalk, curb and gutter adjacent to the project site and reconstruct the full width of pavement. Modification of the existing stormwater drainage system may be required. The "Element I & II" developer shall coordinate the re-construction of the easterly terminus of N.E.31 Street with the developer of the "Edgewater" project. However, in order to obtain a TCO or CO for the "Element I and/or II" projects, all roadway improvements must be complete.

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

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14) A development bonus to permit a mixed use of 112,376.63 square feet of floor area shall require a non-refundable payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot for a total of $1,391,738.80.

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

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NE 30TH ST

NE 31ST ST

NE 34TH ST

NE 29TH ST

NE 32ND ST

NE 28TH ST

NE 30TH TE

NE 29TH TE THE VILLAGE W

Y

NE 7TH AV

N BAYSHORE DR

NE 4TH AV

NE 5TH AV

NE 7TH AV

NE 5TH AVNE 5TH AV

NE 34TH ST

NE 29TH ST

NE 28TH ST

0 300 600150 Feet ADDRESS: 601-21 NE 30 TE, 525, 601, 615, 621, 629, 637, 645 NE 31ST ST & 540, 550, 590, 600 & 608 NE 32ND ST

FUTURE LAND USE MAP

High Density Multifamily Residential

RestrictedCommercial

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NE 30TH ST

NE 31ST ST

NE 34TH ST

NE 29TH ST

NE 32ND ST

NE 28TH ST

NE 30TH TE

NE 29TH TE THE VILLAGE W

Y

NE 7TH AV

N BAYSHORE DR

NE 4TH AV

NE 5TH AV

NE 7TH AV

NE 5TH AVNE 5TH AV

NE 34TH ST

NE 29TH ST

NE 28TH ST

0 300 600150 Feet ADDRESS: 601-21 NE 30 TE, 525, 601, 615, 621, 629, 637, 645 NE 31ST ST & 540, 550, 590, 600 & 608 NE 32ND ST

SD-20.1

ZONING ATLAS MAP

SD-20

R-4

C-1

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NE 30TH ST

NE 31ST ST

NE 34TH ST

NE 29TH ST

NE 32ND ST

NE 28TH ST

NE 30TH TE

NE 29TH TE THE VILLAGE W

Y

NE 7TH AV

N BAYSHORE DR

NE 4TH AV

NE 5TH AV

NE 7TH AV

NE 5TH AVNE 5TH AV

NE 31ST ST

NE 34TH ST

NE 29TH ST

NE 30TH ST

NE 30TH TER

NE 32ND ST

NE 4T

H AV

NE 29TH TER

NE 28TH ST

NE 33RD ST

0 300 600150 Feet ADDRESS: 601-21 NE 30 TE, 525, 601, 615, 621, 629, 637, 645 NE 31ST ST & 540, 550, 590, 600 & 608 NE 32ND ST

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~roiects in the Vicinity Element I & 2 07-00529mu

No Name Floors Units Status 1. Platinum on the Bay 49 223 Application 2. Lima 41 2 1 1 Approved # 3. Soleil 43 288 Approved # 4. The Yorker ------- 62 Completed 5. Palerrno I

ement (fka Ic 7. tdge Water Tower (tKa Ice) 8. 31 St. Park 9. Park Lane Tower 10. Biscayne Lofts

! Preliminarv

223 Preliminary # 143 Approved # 15 Application

#-Indicates Mixed-Use Project with ~ e t b i l and/or Office uses

05-01049mm - Projects in the Vicinity

I

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Via Fax and US Mail

2001 APR 1 2 PFi 1: 32 Ms. Lilia I. Medina, AlCP Assistant Transportation Coordinator City of Miami, Office of the City Manager/Transportation 444 SW 2" Avenue (1 oth Floor) Miami, Florida 331 30

Re: Element I & I1 - Sufficiency Letter - W.O. # 176

Dear Ms. Medina:

Subsequent to our February 22, 2007 review comments for the subject project, we have received a response letter and a site plan with vehicle maneuverability details. Photocopies of the response letter and the site plan are attached herewith.

Please note that in reference to the issue of committing to a Transportation Control Measure Plan, the response indicates that the applicant will provide the following specific Transportation Control Measures:

1. Providing transit subsidies for the residents; 2. Placement of transit information - schedule, maps, etc., at convenient locations of

the site; 3. Providing convenient and secure spaces for bicycles; and 4. Providing transit oriented amenities.

The development approval should be conditioned upon applicant fulfilling above commitments. Further, the site plan should identify the location of the designated bicycle storage area. Note, for the signalized intersections to function adequately signal timinglphasing modifications (optimization) at signalized intersections are recommended in the traffic study. Although the proposed modi.fications are reasonable, the applicant needs to coordinate with the Miami Dade County Traffic Control and Signs Division to secure appropriate approval as this project goes through the review process.

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

Should you have any questions, please call me at 954.739.1 881.

UR Corpor I

URS Corporation Attachment Lakeshore Complex 5100 NW 33rd Avenue, Suite 150 CC: Mr. Antonio E. Perez, Planner 11, City of Miami Planning (Fax - 305.416.1443) Fort Lauderdale, FL 33309-6375 Ms. Tere Fernandez, City of Miami (Fax - 305.4 16.2035) Tel: 954.739.1881 Mr. John J. Mc Williams, P. E., KH&A. (Fax - 954.739.2247) Fax: 954.739.1789

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CITY OF MIAMI, FLORIDA

INTER-OFFICE MEMORANDUM

2085 JlJfd - 8 pn 4: e.2 TO : A i ~ a ~elaber t -hchez DATE : June 7,2005 FILE :

Director Planning Department SUBJECT : Large Scale Development Review -

FROM.

~ i r i c t o r Public Works Department

Villa Patricia

REFERENCES :

ENCLOSURES:

I have reviewed the Large Scale Development plans for the Villa Patricia located at 234-242 N.E. 79 Street and have the following comments.

1. A portion of the building site is unplatted property and easements are located throughout the site. Plattmg of the property shall be required prior to obtaining building permits. Five (5) feet of right of way dedication is required along N.E. 79 Street and two (2) feet of right of way dedication is required aIong N.E. 2 Avenue. Platfing is a lengthy process and an early investigation into this procedure is recommended.

2. Insufficient maneuvering space is provided for the two loading spaces located on the east side of the project to permit exiting of the site without backing into the right of way. Public Works recommends a reconfiguration of the loading spaces to face east in a "T" type arrangement. In addition to accommodating turning maneuvers, this arrangement will require less pavement and provide more open space.

3. Florida Department of Transportation approval and permit is required for the driveway onto N.E. 79 Street. Driveway shall conform to F.D.O.T. standards.

4. The maximum driveway width is 40 feet. Standard City of Miami driveway entrances, in compliance with A.D.A. standards, shall be required on N.E. 78 Street.

5. 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.

6. An agreement between the City of Miami and the property owner is required for any landscaping and decorative sidewalk treatment located in the public right of way. A Florida Department of Transportation permit is required on N.E. 79 Street.

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Ana Gelabert-Sanchez Director Planning Department Page 2

June 7,2005

7. Public Works policy requires that no closures of vehicular travel lanes will be permitted during the course of construction unless a temporary replacement lane, approved by the Public Works Department, is constructed and maintained by the Contractor throughout the duration of the lane closure. A maintenance of traffic plan is required for any temporary right of way closure request.

8. In order to mitigate traffic congestion and problems associated with unregulated parking throughout the neighborhood, the Contractor/Developer shall be required to provide approved, designated off-site parking for workers and a shuttle service to the work site. The parking/shuttle plan shall be coordinated with the local City of Miami NET Service Center.

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

Pavement restoration for all water and sewer extensions, existing damaged pavement and pavement damaged during construction, as determined by the City inspector, shall include milling and resurfacing of the full pavement width, curb to curb, along the entire length of the excavation and/or damaged pavement area. A handicap ramp, in compliance with A.D.A. Standards, is required at the street intersection of N.E. 2 Avenue and N.E. 78 Street. 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.

N.E. 79 Street - Construct new sidewalk in the additional 5 foot dedicated right of way.

N.E. 78 Street - Replace all damaged and broken sidewalk on both sides of the street for the entire block. Construct curb and gutter and pavement, full width of the right of way (both sides) between N.E. 2 Avenue and N.E. 3 Court. Modify stormwater drainage system as required.

N.E. 2 Avenue - Replace all broken and damaged sidewalk, curb and gutter on both sides of the avenue for the entire length of the block.

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; h a Gelabert-Sanchez Director Planning Department Page 3

June 7,2005

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

c: Biscayne Housing Group The Carlisle Group 2950 S.W. 27 Street, Suite 200 Miami, Florida 33133

Corwil Architects, Inc. 1320 South Dixie Highway, #I070 Coral Gables, Florida 33146

Stephanie Grindell, P.E., Director of Public Works

Lourdes Slazyk, Assistant Director, Planning Department

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Commercial Airport:

Miami Interna~ional Airpon

General Aviation Airports:

Dade-Collier Training &Transltion

Homestead General

Kendail-Tamlami Executive

Opa-locka

Opa-locka West

Miami-Dade Aviation Department P.O. Box 592075

.. - - I I

Miami, Florida 33 159 I . , '

-.- 3 - , , f I ..It I

T 305-876-7000 F 305-876-0948 w w w . m ~ a m i - a l r p o r t . c o m

February 12,2007 t

Mr. Roberto Lavernia Chief of Land Development City of Miami 444 SW 2nd Ave, 3rd Floor Miami, FL 33 13 0

RE: Height Analysis for the Element 1 & 2 Project located in 620-621 N.E. 3lSt Street, Miami, FL

Dear Mr. Lavernia:

The Miami-Dade Aviation Department (MDAD) has reviewed the Large Scale Development submittal received February 6 7 2007 for a height analysis for the above referenced project. Our review finds that an assumed 549 ft AMSL (Above Mean Sea Level) for the "Element 1" structure and 227 ft AMSL (Above Mean Sea Level) for the "Element 2" structure at this location conforms to the Miami-Dade County Height Zoning Ordinance.

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

Runway 26L LNAV Final Approach: exceeds by 299 ft Runway 26L LOC Final Approach: exceeds by 379 ft Runway 26R LOC Final Approach: exceeds by 3 19 ft

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

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

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Mr. Roberto Lavernia February 12,2007 Page 2

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

!

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

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

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

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

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

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

Jos A. amos, R.A. 3 3 Ch ef of Aviation Planning Section \ I

C : S. H m a n A. Herrera Diane O'Quinn Williams, Department of Planning and Zoning A1 Torres, Department of Planning and Zoning Damon Holness, Department of Planning and Zoning Ana Gelabert-Sanchez, City of Miami Lourdes Slazyk, City of Miami Antonio E. Perez, City of Miami Earl Newalu, FAA Peter Thomas, Thomas & Calzadilla, P.A. File Airspace

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*PRELIMINARY** SCHOOL IMPACT REVIEW ANALYSIS

February 5,2007

FOR INFORMATIONAL PURPOSES ONLY; THE REQUIREMENTS UNDER THE INTERLOCAL AGREEMENT FOR SCHOOL FACILITY PLANNING ARE NOT 'TRIGGERED SINCE THE APPLICANT IS NOT REQUESTING ADDITIONAL RESIDENTIAL DENSITY OVER WHAT IS CURRENTLY ALLOWED IN THE PROPERTY'S ZONING CLASSIFICATION. IN ADDITION, THE SCHOOLS THAT WOULD SERVE THE PROPOSED DEVELOPMENT ARE UNDER THE 115% THRESHOLD CAPACITY.

APPLICATION: Element 1 & 2

ZONING: R-4 "Multifamily High Density" with SD-20 Overlay (1 50 DUIacre)

REQUEST: Large Scale Development

ACRES: Element 1 +3 net acres and Element 2 +I .426 net acres

LOCKTION: 620 NE 31 Street and 621 NE 31 Street, Miami

MSAI MULTIPLIER: 4.7 I .27 multifamily and .51 townhome

NUMBER OF UNITS: 394 multifamily and 16 townhome units

ESTIMATED STUDENT POPULATION: 106 multifamily and 8 townhome

ELEMENTARY: 55

MIDDLE: 25

SENIOR HIGH: 34

SCHOOLS SERVING AREA OF APPLICATION

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

MIDDLE: Jose De Diego Middle - 3100 NE 5 Avenue

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

All schools are located in Regional Center IV

*Based on Census 2000 information provided by Miami-Dade County Department of Planning and Zoning.

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The following population and facility capacity data are as reported by the Office of Information Technology, as of October 2006:

% UTILIZATION % UTILIZATION NUMBER OF FlSH DESIGN

FISH DESIGN FISH DESIGN PORTABLE CAPACITY STUDENT CAPACITY CAPACITY STUDENT PERMANENT AND CUMULATIVE

POPULATION PERMANENT PERMANENT STATIONS RELCOATABLE STUDENTS"

Eneida M . 743 106% 106% Hartner 703 0 1,262 Elementary 798 114% 114%

Jose De Diego Middle

Booker T. 1,550 68% 68% Washington 2,270 0 4,364 Senior High 1,584 70% 70%

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

Notes: 1) Figures above reflect the impact of the class size amendment. 2) Pursuant to the Interlocal Agreement, none of the schools meet the review threshold.

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

Projects in Planning, Design or Construction School Status NIA

Proposed Relief Schools School NIA

Proiected Occu~ancv Date

Fundins vear

OPERATING COSTS: Accounting to Financial Affairs, the average cost for K-12 grade students amounts to $6,549 per student. The total annual operating cost for additional students residing in this development, if approved, would total $746,586.

CAPITAL COSTS: Based on the State's February 2007 student station cost factors*, capital costs for the estimated additional students to be generated by the proposed development are:

ELEMENTARY 55 x 18,281 = 1,005,455

MIDDLE 25 x 19,742 = 493,550

SENIOR HIGH 34 x 25,643 871,862

Total Potential Capital Cost $2,370,867

*Based on lnformation provided by the Florida Department of Education, Office of Educational Facilities Budgeting. Cost per student station does not include land cost.

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City of Miami Legislation Resolution

City Hall 3500 Pan

American Drive Miami, FL 33133

www.miamiqov.com

File Number: 07-00529mu Final Action Date:

A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WlTH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE ELEMENT 1 & 2 PROJECT, TO BE LOCATED AT APPROXIMATELY 601- 21 NORTHEAST 30TH TERRACE, 525, 601, 6151, 621, 629, 637, 645 NORTHEAST 31ST STREET AND 540, 550, 590, 600, AND 608 NORTHEAST 32ND STREET, MIAMI, FLORIDA, TO CONSTRUCT TWO RESIDENTIAL STRUC'TURE COMPRISED OF TWO TOWERS: "ELEMENT 1" WlTH AN APPROXIMATE HEIGHT OF 549 FEET, (50-STORY) AND 12 TOWNHOUSES UNlT TOTALING 321 CONDOMINIUM UNITS; AND "ELEMENT 2": WlTH AN APPROXIMATE HEIGHT OF 246 FEET, (19-STORY ) AND 7 TOWNHOUSES UNlT TOTALING 92 CONDOMINIUM UNITS; THE PROJECT IS 413 TOTAL MULTIFAMILY RESIDENTIAL UNITS AND APPROXIMATELY 645 PARKING SPACES.; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, on April 9, 2007, Iris Escarra, Esquire, on behalf BCRE Element, LLC f/k/a CG Miami Partners 11, LLC and CG Miami Partners Ill, LLC. (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for Element 1 & 2 (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zonin Ordinance No. 11000, for the properties located at approximately 601-21 Northeast 30 fi? Terrace, 525, 601, 6151, 621, 629, 637, 645 Northeast 31S' Street and 540, 550, 590, 600, and 608 Northeast 32nd Street, Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and

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

WHEREAS, the Large Scale Development Committee met on February 23, 2007 to consider the proposed project and offer its input; and

WHEREAS, the Urban Development Review Board met on March 21, 2007, to consider the proposed project and recommended DENIAL; and

WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 18, 2007 Item No. 4, following an advertised public hearing, adopted Resolution No. PAB *-* by a vote of --- to --- (*-*), recommending ---- with conditions as presented in the Major Use Special Permit Development Order as attached and incorporated; and

City of Miami Page I of 12 Printed On: 7/6/2007

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File Number 07-00392mu

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

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

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

Section 2. A Major Use Special Permit Development Order, incorporated within, is approved subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No. 11000, for the project to be developed by the Applicant, located at approximately 601 -21 Northeast 3oth Terrace, 525, 601, 61 51, 621, 629, 637, 645 Northeast 31'' Street and 540, 550, 590, 600, and 608 Northeast 32" Street, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated.

Section 3. The PROJECT is approved for the construction of two Multifamily High-Density Residential Buildings with a total of 413 residential units, approximately 650,963 square feet of residential floor area including common areas and residential amenities, and will provide a total of 645 parking stalls. The taller of the two structures (Element 1) will have a maximum height of 549 feet N.G.V.D. at top of parapet; providing for certain floor area ratio ("FAR") bonuses.

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

Section 5. The findings of fact set forth below are made with respect to the subject PROJECT:

a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as amended.

b. The PROJECT is in accord with the proposed R-4 (High Density Multifamily Residential) with SD-20 Overlay District zoniqg class~fications 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 Planninq:

(1) Respond to the physical Yes. contextual environment taking into consideration urban form and natural features; (2) Siting should minimize the Yes.

*Yes.

* No.

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File Number 07-00392mu

impact of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner lots should be oriented to the corner and public street fronts.

II) Architecture and Landscape Architecture:

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

Ill) Pedestrian Oriented Development:

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

IV) Streetscape and O ~ e n Space:

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

Yes.

Yes.

Yes.

Yes.

Yes.

Yes.

Yes.

Yes.

Yes.

Yes.

Yes.

* Yes.

* Yes.

* Yes.

* Yes.

* Yes.

* No.

* No.

* No.

* Yes.

* Yes.

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File Number: 07-00392mu

appropriately incorporated to enhance the project.

V) Vehicular Access and Parkina:

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

VI) Screening:

(1) Provide landscaping that screen undesirable elements, such as surface parkirrg lots, and that enhances space and architecture; (2) Building sites should locate service elements like trash dumpster, loading docks, and mechanical equipment away from street front where possible. When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front they should be situated and screened from view to street and adjacent properties; (3) Screen parking garage structures with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, andlor other suitable design element.

VII) Sinnaae and Linhtina:

Yes.

Yes.

Yes.

Yes.

Yes.

Yes.

Yes.

* No.

* Yes.

*Yes.

* Yes.

* Yes.

* Yes.

City of Miami Page 4 of 12 Printed On: 7/6/2007

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File Number: 07-00392mu

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

VIII) Preservation of Natural Features:

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

IX) Modification of Nonconformities:

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

Yes.

Yes.

Yes.

Yes.

Yes.

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

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

d. The PROJECT is expected to cost approximately $438,566,606, and to employ approximately 554 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 15 permanent new jobs (FTE) for building operations and will generate approximately $2,072,378 annually in tax revenues to the City (2009 dollars).

e. The City Commission further finds that:

City of Miami Page 5 of 12 Printed On: 7/6/2007

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File Numbec 07-00392mu

(1) the PR0,IECT will have a favorable impact on the economy of the City;

(2) the PROJECT will efficiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated

through compliance with the conditions of this Major Use Special Permit; (4) the PROJECT will favorably affect the need for people to find

adequate housing reasonably accessible to their places of employment; (5) the PROJECT will efficiently use necessary public facilities; (6) the PROJECT will not negatively impact the environment and

natural resources of the City; (7) the PROJECT will not adversely affect living conditions in the

neighborhood; (8) the PROJECT will not adversely affect public safety; (9) based on the record presented and evidence presented, the public

welfare will be served by the PROJECT; and (10) any potentially adverse effects of the PROJECT arising from

safety and security, fire protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority participation and employment, and minority cor~tractorlsubcontractor participation will be mitigated through compliance with the conditions of this Major Use Special Permit.

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

Section 7. The application for Major Use Special Permit, which was submitted on April 9, 2007, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference.

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

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

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

Section 11. In the event that any portion or section of this Resolution or the Development Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order which shall remain in full force and effect.

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

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

City of Miami Page 6 of 12 Printed On: 7/6/2007

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File Nurnbec 07-00392rnu

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

DEVELOPMENT ORDER

Let it be known that pursuant to Articles 5, 9, 13 and 17 of Ordinance No. 11 000, 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 Element 1 & 2(hereinafter referred to as the "PROJECT") to be located at approximately 601-21 Northeast 3oth Terrace, 525, 601, 6151, 621, 629, 637, 645 Northeast 31S' Street and 540, 550, 590, 600, and 608 Northeast 32" Street, Miami, Florida (see legal description on "Exhibit A", attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record.

After due consideration of the recommendations of the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miarr~i 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

PRO.IECT DESCRIPTION:

The proposed PROJECT is a mixed use development to be located at approximately 601-21 Northeast 3oth Terrace, 525, 601, 6151, 621, 629, 637, 645 Northeast 31S' Street and 540, 550, 590, 600, and 608 Northeast 32nd Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 6.01k acres and a net lot area of approximately 4.43* 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 6".

The proposed PROJECT will be comprised of two Multifamily High-Density Residential Buildings with a total of 41 3 residential units, approximately 650,963 square feet of residential floor area including common areas and residential amenities, and will provide a total of 645 parking stalls. The taller of the two structures (Element 1) will have a maximum height of 549 feet N.G.V.D. at top of parapet; providing for certain floor area ratio ("FAR) bonuses.

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

CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 620.3.1, Class II Special Permit, to allow the construction of any new building in SD-20 district;

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CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 151 1. Class II Special Permit required for any development between Biscayne Bay and the first dedicated right-of- way, to allow a new development adjacent to the Biscayne Bay;

CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 903, Sub-section 903.1, Rules concerning projects crossing district boundaries or streets; requirements and limitations, to allow a project designed as a single site and it occupies lots divided by a street or alley;

CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 922, and Sub-section 922.4.(c), Special Permits required for proposed off-street loading facilities or for substantial modification of existing facilities, to allow maneuvering of trucks on public rights-of-way with referral to Public Works Director;

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

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

CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub-section 918.2. Temporary off-street offsite parkirrg for construction crews, criteria, to allow temporary off-street offsite parking for construction crews working on a residential project under construction, within R-4 and 33-20 or more permissive zoning district;

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

CLASS II SPECIAL PERMIT, as per AR1-ICLE 9, Section 927. Temporary structures, occupancies, and uses during construction, criteria for special permits, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be approved by other city departments;

CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.5, Sub-section 10.5.3.4, R- 4 Multifamily High-Density Residential and SD-20, Temporary Signs (3), to allow temporary development signs;

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

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File Number: 07-00392mu

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

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

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

Pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans.

The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Thomas & Calzadilla, P.A., signed and dated June 5, 2007; said design may be permitted to be modified only to the extent necessary to comply with the conditions for approval imposed herein; all modifications shall be subject to the review and approval of the Planning Director prior to the issuance of any building permits.

The PROJECT conforms to the requirements of the proposed R-4 (High Density Multifamily Residential) with SD-20 Overlay District 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

THE APPLICANT, ITS SUCCESSORS , AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BLllLDlNG 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 including the required Affordable Housing Trust fund contribution of $1 2.40 per square foot for any applicable FAR increase sought under those provisions.

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

3) Obtain approval from, or provide a letter from the Department of Fire-Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at

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File Number 07-00392mu

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) subrr~itted 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 MinorityANomen Business Affairs and Procurement Program as a guide.

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

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

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

9) In so far as this Major Use Special Permit includes the subordinate approval of a series of 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 received by the Planning Director, the applicant shall meet the following conditions: (a) Provide final design and details of the

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File Number 07-00392mu

piazza between Element I and Element II for review and approval by Planning Director prior to the issuance of the building permit; (b) Provide dimensions from the bulkhead wall to the building faces on Element I; (c) Provide improve the elevations, more specifically, to the northeast corner of or Element II for review and approval by Planning Director prior to the issuance of the building permit; (d) Blank walls are not acceptable, provide further details; (e) Internalize maneuvering of loading; (9 Provide liners or improve the parking garage fa~ade along NE 30th Terrace; (g) Provide for review and approval by Planning Director prior to the issuance of the building permit, what kind of materials are to be used to screen the garage on the North Elevation; (h) Design dead end and street conditions in accordance with City of Miami's River and Bay Walk Guides Design & Standards; (i) The pedestrian sidewalk realm shall remain at a consistent height throughout. Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works; u) The proposed ground, and second floor areas facing the open spacelpark shall be provided with active uses, instead of service related uses; (k) Materials to be used in all elevations of the buildings, including windows, balconies, and garage screening must be reviewed and approved by Plannirrg Director.

12 Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: (a) N.E. 30 Terrace: Construct new sidewalk, curb and gutter and reconstruct pavement, full width, adjacent to the project site. Construct new stormwater drainage system. Mill and resurface the reminder of the terrace from the project site to N.E. 4 Avenue (b) N.E. 31 Street: Replace damaged sidewalk, curb and gutter in both sides of the street adjacent to the project site. The "Element I & II" developer shall coordinate the re-construction of the easterly terminus of N.E.31 Street with the developer of the "Edgewater" project. However, in order to obtain a TCO or CO for the "Element I and/or II" projects, all roadway improvements must be complete. (c) N.E. 32 Street: Construct a sidewalk, curb and gutter adjacent to the project site and reconstruct pavement, full width, adjacent to the project site. Mill and resurface the reminder of the street from the project site to N.E. 4 Avenue. The "Element I & II" developer shall coordinate the re-construction of the easterly terminus of N.E.31 Street with the developer of the "Edgewater" project. However, in order to obtain a TCO or CO for the "Element I and/or II" projects, all roadway improvements must be complete. Modification of the existing stormwater drainage system may be required. (d) N.E. 7 Avenue: Construct the new sidewalk, curb and gutter adjacent to the project site and reconstruct the full width of pavement. Modification of the existing stormwater drainage system may be required. The "Element I & II" developer shall coordinate the re-construction of the easterly terminus of N.E.31 Street with the developer of the "Edgewater" project. However, in order to obtain a TCO or CO for the "Element I and/or II" projects, all roadway improvements must be complete.

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

14) A development bonus to permit a mixed use of 112,376.63 square feet of floor area shall require a non-refundable payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot for a total of $1,391,738.80

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

THE ClTY SHALL:

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

CONCLUSIONS OF LAW

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

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

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

APPROVED AS TO FORM AND CORRECTNESS:

JORGE L. FERNANDEZ ClTY ATTORNEY

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

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EXHIBIT 'A'

LEGAL DESCRIPYIQN:

A p a r d of land being a pwion of the Nollheast Quarter (NE114) of ~ecb'on 30. T ~ ~ n u l i p 53 SovA. Ranp Tcgether s-4th: 42 East City of Miami. Miami-Dads County, Rorlda. teina dewrlbed 6 s fdlo76:

K l of -KORN TERRACF' ac$aSng to tha Plat thereof recorded In f l a t Soak 10. P a ~ 6 d t i e Putli: Recocds of MlamiJAde Counly, Ffodda; TOGETHER WTH Lo( 10. Block 6 LESS 'W West 150 feet hered, a.rcordnp lc Re Pla! ol 'BROADIKOR re=or54 In Pldt Book 2, P a w 37, ol the PuMic Records of Mlami-Dede Ccunly. FINida; TWETHW WTH that unphted pard of land lying East of and adjrcent to Lot 1C a:orcSaid arC e n m d n j Eark=r$/ to h e U.S. H a r k tine d Bisgyne &y. ard lying b-en the Easwardy oxtensioas o! Ihe No% and Swth Enes at Lot 10 a:oresaid. the subpt: ps:cd tcing more par-talafly &scribed 2s fcilov&:

eEGINMPG at me Moh5tvesl Comlr c4 Lcl 1 of me ato:csaid Plel ol 'KORN T E R W E ' . said point also ly iw 1 3 reel East c4 the Nor%~md cum- d Lot 1.9iock 6 01 the aforesaid Plot d -BROU):AOCR, thcn:e with an assom& teadng d N.B9'59'5CE. ;ion9 the Nmth linc d said Plat of 'KORN TERRACF'. slso bSng the Scu* RiQhI4CWdy line cl N.E 3isl Sveet. a dktaraa a( 675.n i e d lo lhe C.S. Haltor tins d e:sqne Pay. as %hum on raid Plat, \hex9 S.01'41'4cfVE along said U.S. Hartor Cine for 2C0.0a feet. t h e w SB9'59'54'W abpg the South line d Lot 1% 61xk 6 o! the aforesaid Plzt of 'BROADMOW. and Eastedy e>.tensicn thereof, a lw being alonJthe North Right4-\Vzy linc d t4.E 301n Terrace. for €53 37 fe?C thence N.O'Ol'lFE., along tho- Earl line of the Wes! 1 3 fed d Lots 10 and 1. El& 6 ol said Plat o! 'BROAOIJW. s distance of 200.00 feS to the PMNl OF BEGINNIF%.

Tcgether Hi:h

T w parcels 0: land lying in the Northeast Quar!er (NE IN) of S tdon 24. Toidship 55 Scu!h. Ranqe 42 Easf Clly of Miad. Kjami-Cada Ccunly. Florida, 5eing more pa f ida rv described as fdo\.&

BeDinring at the Southeast mrner of me a:oremenboned Ld. 11 of Back 6 rhe& SoJh rlong the Swlherli. enensim of the Eas: line .!said Lot 11 lo( a Bstanca of 14.35 feet thance S 89.59'54- W. dong the No* tine ol :06 7.6.5. 4.3. and2 of -HI\INES BAY FRONr acsordng 13 lhe Rdrlunad as

'

recorded m Rat Bod( 29. Paw 55 01 h e P~.aic Re:a& of tJiaml-bdc ~our i t j , flmda ta a dsbnce of 293.00 feet to L5c Northwtst cnmm 01 sald Lo( 2. hnce Sn;m ahcg the h'sl flne of the gxcriau3y menbsned Lot 2 la 8 dotame d 105 00 ket, hma l.( a9.59'54- E, l lcng lhe Souh llne of the pev~ordy mention& Cats 2 3.4.5.6.7 and 8 for a bslance d 340 W fee! to me begnrhg d n m e u n a v c lo me NorY?wrst havnnQ r r a d u of 10.00 tact lhence Ncrlhcaar:y. Nonhcdy 15 71 lea .!on0 w i d cune lhlmgn a mnaal ande of 69'58%-, to a point d tangam. lherre t h c h alonp the East Properly Unc oltk peviovsly kerrioned Lot 8 ol -GNES E~YFRC~W, raid iine being &widen1 vilh me West Wghlaf-Way line 01 NE 7% Avenue lor a distance of 109.1 feet hence S 8929'26 W, a!oagLe Soul3 Prop* Line of Lot 12 of Block 6 of the prevloudy n~enloned -EL'hGOD COWT BAY FRONT SECTIOK Flal Book 16. Page 70 f a a distance o: 60.00 feet 13 1% poi* of &$nnIng.

Ccts 7. 8. P 10, 2nd I 1 o: Block 6 oI'ELWD C0UP.T BAY FRONT SECTlOV accorrlng to the Fla! tne:ecf at V c c l r a e J In Pla; Book 16. Pagr 70 of Lhc PuYoc Sew:& d MlamlDade County. Florida

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CC 99 Exhibit B

Net Lot Area SoVI Parcel (B€h€3nTl) net Lot Area = 131.111 SF Mrth Pdrcel (a-2) net L d Area ;62,112 SF TolzI = 193.223 SF

Gross Lot Area SDmh Pdrcd ( E m 1) Goss Lot Area = 178.215 SF North Parctd (@..GW.T 2) Gross Lot Ares = 82.791 SF Total =261.&11 SF

Base k r Area south W C ~ ( a m 1) 178,225 x 1.72 = 306,547 SF Norm Pdrcd (am;? 82.791 x 1.72 = 1CZ401 SF Total = 448.948 SF

floor Area with MUSP &nus

Sarm Parcel ((a&arr I) 306,547 x 2 5 (25 ?4 A.HT.F BONUS ) =76,637 S

305.547 X0.20 (m% M J S P W W I = 61.309 S Total= 444,495 SF

bf lh Percd (BBuO\lT2) 142,401 x 25 (25 %A.HTFBCNUS) =35.WOSF

147.401 ~ 0 . 2 0 ( 2 m MJSPEOW) =2a.480 Y Totd = 206.481 SF

Total d barn parcdr - 850,974 st

Proposed Al lwt ion

SoutJ R r d ( a m 1) =538.8%SF( FAR 101) FbRh Wcd(B-2) = 114.067 SC (FAR 1.38)

Total bath Pdrceb 650953 SF (FAR249) & Summary South Parcel ( E W M 1) ckgr. ale included in this set

Fbr* R r c d (a&B\IT2) ckg. are incbded ~n thii s d

PROJECT DATA I ow E s i D E P m m~ow C ~ I ~ T I N G oF 5o STORIES rWD 12 ToHliHocsE UNITS TOTALING321 CONDOMMlLlM UNITS AVS 5 LWELS OF P M I N S PLUS I W O m E S MUDING P N S , IWI6 COURTS,SPA, FITNESS &

I PARMR00klS.

I APPLICABLE CODES / 1. RORIM W E FOR BUILDING COHm(UCIl0N 2 W EDlilON 2 F~c.B.c., 1991 EDITION 3. FAIR HOUSWG ACT, 1996 EDmONWH998AMENGMENTS 4. UR ~ C ~ C O D E NFPA 101,2003 EDITION

UNlT SUMMARY 1 EDROOMS - 84 UNITS 2 BEDROOMS - 190 UNITS 3 +BEDROOMS -47 UNITS TOTAL 321 UMTS

PARKING SUMMARY (SD-20) REQUIRED - 84 1 BED @ 1.0 84 SPKES REQURED - 1% 2 BE0 I 1.0 = 190 SPACES REQUIRED - 41 3+ BED 3 2.0 = 84 PACES TOTAL REQUIRED = 388 SPACES

I TOTAL PROVIDED = 491 SPACES

1 SITE DATA & DEVELOPMENT PROGRAM 1 sm

NETLOTAREA: 131,111SF

GROSS LOTAREA: 174225SF

ZONING UASSIFICATtON: R4 WI D 2 0 OVERUY

F E M ZONE (?&lFlCATlONS AE 9.W (AS PER NEW MAP CHANGE)

MAY. FLOOR AREA M I 0 : 1.72 TOTAL BUILDING FOOTPRINT: €4,606 SF SITE COVERAGE: EG% ALLOW. ACRIAL : 34% OF G.LA

l SETMCKS(CITYffSW4MI) RECURED PROPDSEC

FRONTYARD N'flNMTERR. 2 0 4 2 0 0 REARYARD W 3 l S T 1SB(7550:20) I S B . BISCAYNE BAY SOU' WU' ~ C B A N G ) BISCAYNE BAY 574' 1451)' (TOWER) WEST SIDE YARD $4' 12'g

I Ill. IGREEM OPEN SPACE REOUIREMENTS~CITY OF MIAMO: REQUIRED' P R C P ~ E D - -

RESIDENTW. 15% d Gross Lol Net lo1 area - BUg. F c c l p ~ t Area = 131,111 sf-63.3C-351

R! BUILDING AREA SUMMRY: MAX ALLOWED PRCPOSED --

RESIOENTW: Scuih Parcel [ELEMENT 1): 536.a96 SF

( North Parcel (ELEMENT 2): 114.067 SF

TOTAL FAR 653,976 $F 650.963 S$

1 V. LOADII'JG [R-4) REQUIRED PRCPOSED

RESIDENTIAL (3) BERMS 12 X 3 S (2) BERTHS 1 2 X 35' (1)fiERMS 10'X 211 (2)BERTHS 1U X 2 0

(1 1) BERTHS Y X 1 8 (orgmss bldldlkq totgcors building a z a of 536.81 SF area d 5?5.896 SF and 321 unhr and 321 units

ELEMENT 2 PROJECT DATA ONE RESlCENllAL BUILDING CONSlSnNG OF 19 STORIES AND 1 TOWNHOUSE UNITS TOTALING 92 CONDOMlNlVM UNKS AND 3 W S OF PARWNG RUS MMENITIES aJaUDlNG WOLS, TENNIS COURT,SP4 FITNESS ROOM, d PARTY ROOMS.

APPLICABLE CODES -1. RORIOA CODE FOR SUROING CONSTRUCTICN 2M4 EDITION

2. FAC.B.C., :91 EDmON 3. FM HOUSING .ACT, 19% EDITION \VIlMSAMMWDMENTS 4. WE W E N CODE NF?A 1101.2003 EDITION

UNlT SUMMARY 1 BEDROOMS. 34 UNITS :

2 BEDROOMS - 52 mITS 3 + BEDROOMS. 6 UNITS TOTAL 92 UNITS

PARKING SUMMARY (SD-20) REQUIRED-34 1 BED@ 1.0-34SPACES REWIRED. 522 BED @ 1.0 = 52 SPACES REWIRED. 63*6ED @ 2.0 = 12 SPACES TOTAL REQUIRED = I~PACES

TOTAL PROVIDED = 1% SPACES

SITE DATA & DEVELOPMENT PROGRAM 1 SITE

!!€iLOTARFA: 62.142 SF

GRCSS LOT ARM: BH1S SF ZONDX; CWSSlFlCAilON: R4 WISDZO OVERLAY

FEW ZONE~SIF!U\T1C~%:AE3.W PER N M ,W WQ

W.FLOOfiAREARATI0: 1.72TOTAl BUIUING FOOT?R;NT: 40.@8 SF S E COVERAGE: 60% ALLGW. ACTUAL: 48.2% OF MA

l SEI -BAC;~~(C~~/OFMW!) REWIRED PROPOSED

FRONTYARD N E ~ AM zw mv SIDE YAilD NW 32ND ST. I S (75% d 2 q 1 s t SIDE Y 3 D 1IW 31ST ST. 1SV5Xd20) 15'P VESTSIDE YARD 5'4 Sff TO 1S.O'

lk (GREEN WLV SPACE REQUIRCUENTS (CliY QFMWAIJ: REQUIRED PROPOSED - -

R B I D E M I A L 15% d Grass Lo( Net lot area - Bidg. Footpint Aera = 62,142 sf- 40.K8 sf

IY BUILCINGA?EA SUMMARY: MPZC ALLOWED PROWSED

RESIDENTIAL: S&h Parcel (ELEMENT 1) 536.896 SF

Worlh Parcel (ELEMENT 2): 114.057 SF

V. LOADING (R-4) REQUIRED PROFUSE0

RESIOENWL: (1) BERTHS 1 7 X 35' (2) BERMS 1 7 X 39 (0; BERTHS 10'X 3 (Z) BERMS 111 X211

(1) BERTH 1U X 18' forgmss buidlng lor g m s buildcq aieaol ll:.OSi SF area d 114.067 SF

an4 92 units and 92 unik