a BERCOW RADELL FERNANDEZ & LARKIN ZONING, LAND USE AND ENVIRONMENTAL LAW. Drow 29657-6296 a: ‘VIA HAND DELIVERY July 8, 2019 DMr.Joseph Rui, Zoning Administrator ‘Mr. Joseph Eisenberg, Planning Department UDRB Liaison City of Miami Planning and Zoning Department ‘ULSW 26 Avene, 3rd Floor Miami, FL 3310-1910, Re: Waiver Application for 255 NE 1 Street, Miami, Florida Dear Mr. Ruiz & Mr. Eisenberg, ‘This law firm represents Mishorim 255, LLC (the “Applicant”) the owner of the property located at 255 NE 1 Street in the City of Miami (the “Property”). This letter shall serve as the letter of intent in support of the accompanying application for Waivers and, Urban Design Review Board ("UDRB”) review. Property Information, The Property is approximately 37,500 square feet (0.86 actes) in size and is located within the T6-80-O Usban Core Zone. The Miami-Dade County Office of the Property Appraiser (the “Property Appraiser”) identifies the Property by Folio No, 01-0110-030-2010. The Property is located on the north side of NE 1 Street, between NE 3 Avenue to the east, and SE 2 Avenue to the west. According to the Property Appraiser, the Property is currently improved with a multi-story parking ‘garage constructed in approximately 1973, Proposed Development. The Applicant intends to develop the Property with a sixty-three (63) story, mixed-use structure (the “Projec”). The Project will contain approximately 1,006,004 square feet of floor area; including approximately eighthundred (G00) residential units, approximately one hundred twenty (120) hotel units, as well as approximately 7,110 square feet of commercial uses. The Project's proposed mi of uses results in approximately eighty-six (86) required parking spaces! however two hundred ty (268) spaces will be provided on site. The proposed structure will feature modem "The Property i located within the T60.0 transect which does not requie parking fr reskntil uses ‘within 1,00 fet of « Metrorail or Metromover station,Mr, Joseph Ruiz, Zoning Administrator Mr. Joseph Eisenberg, Planning Department UDRE Liaison, July 8, 2019 Page2 architecture and is designed to complement the downtown area's existing architectural ‘mosaic. One of the most unique features of the proposed design is the separation of the structure into two thin towers, which artfully reduces the perception of mass. Waiver Requests, ‘The Applicant respectfully requests Waivers in order to ‘accommodate the proposed design. Miami 21 provides that a Waiver application may be requested pursuant to Article 7.1.2.5 of Miami 21 as follows: 1) Per Article 7.125.a.28, to permit lot coverage of eighty-eight percent (88%) ‘where eighty percent (80%) is required; 2) Por Article 7.1.25.a.28, to permit the pedestal setback (floors 1-8) tobe nine feet (@) where ten feot (10’)is required for the south (NE 1 Street), primary frontage; 3) Per Article 7.1.25.a.28, to permit the pedestal setback (floors 1-8) to be nine feet (0) where ten feet (10°) is required for the north (NE 2Stroet), primary frontage; 4) Per Article 7:1.25.2.28, to permit the tower setbeck (floors 9-63) to be eighteen feet (18°) where twenty fect (20°) is required for the south (NE1 Street), primary frontage; 8) Per Axticle 7.1.2.5.2.28, to permit the tower setback (floors 9.63) to be eighteen feet (18°) where twenty feet (20') is required for the north (NE2Street), primary frontage; 6) Per Article 7.1.25..28, to permit the tower setback (floors 9-63) to be twenty- seven feet (27) where twenty feet (20')is required for the east frontage; 17) Per Article 71.25.0.28, to permit the tower sethack (floors 9-63) to be twenty seven feet (27°) where twenty feet (30') is required for the west frontage; 8) Der Article 7.1.25..28, 0 permit two-way drive eisle widths to be twenty two fect (22), where twenty-three feet (28) is required: 9) Per Article 71.25.a.28, to permit a building separation of fifty-four feet (54°) above the eighth floor where sixty feet 60°) is required; 10) Per Article 5.6.2. to permit vehicular entries, loading docks, and service areas to be acvess from the principal frontage: BERCOW RADELL FERNANDEZ & LARKINMr, Joseph Ruiz, Zoning Administrator ‘Mr. Joseph Bisenberg, Planning Department UDRB Liaison, July 8, 2019 Pages 11)Per Article 54.4.4, to permit parking within the Second Layer above the first story along a Primary Frontage (NE 1 Street) with an art or glass treatment; 12) Per Asticle 5.4.4, to permit parking within the Second Layer above the first story along a Primary Frontage (NE 2 Street) with an art or glass treatment; 15)Per Article 4. Table 5, to permit substitution of an Industrial loading berth to by two (2) Commercial loading berths. Asticle 7.125 2.28 Waiver Standard, Article 71.25 a.28 of Miami 21 permits Waivers of up to ten percent (10%) of any particular standard of this Code except Density, Intensity and Height. A Waiver may be granted according to this section when doing so: 4) promotes tite intent of the particular transect zone; b) is consistent with the guiding principles of Miami 21; and ¢) there is practical difficulty in otherwise meeting the standards of the transect zone, or when doing so promotes energy conservation and Building sustainability. The Applicant is requesting seven (7) Article 71.25 a.28 Waivers, all of which satisty the abovementioned criteria, as described further below. ‘Analysis: Lot Coverage. Pursuant to Illustration 5.6 of Article 5 of Miami 21, lot coverage in the 16-80 transect zone can reach up to eighty percent (80%) as of right. The proposed increase in lot coverage to eighty-cight percent (88%) is not a request for an {impermissible increase in Intensity. The total permissible floor area forthe Property, as measured by FLR, is not proposed to be increases! above what io permissible as of right. In effect, the increase in Lot Coverage is only a redistribution of the Property's permissible Intensity to achieve a pedestrian-oriented project that communicates with the built urban context in downtown. It should be noted that the Project is well-below the maximum permitted Intensity, as the Applicant's goal is to develop a project that is compatible with the neighborhood, not one that maximizes the developable area of the Property. ‘The Applicant's request for cighty-cight percent (88%) lot coverage where eighty percent (G0%) is required is a ten percent (10%) reduction and satisfies all three Article 7.1.25 2.28 Waiver criteria, Article 4. Table 1 of Miami 21 describes the 76 transect as “A network of small blocks [with] Thoronghfares with wide Sidewalks, steady street tree planting and Buildings set close to the Frontages with frequent doors and windows.” The proposed building features large glass windows set at the Property's required front setbacks. Farther, the guiding principles of Miami 21 contemplate 2 pedestrian-friendly and cohesive urban fabric for this area, This area is characterized by commercial and mixed- use structures that occupy over eighty percent (80%) oftheir lots with litte to no setbacks. ‘The Project's proposed lot coverage contributes to the public domain by providing BERCOW RADELL FERNANDEZ & LARKIN