VIA ELECTRONIC SUBMITTAL

January 24, 2022

Mr. Daniel Goldberg, Esq., Zoning Administrator

Office of Zoning
Miami Riverside Center (MRC)
200 S. Biscayne Boulevard
444 SW 2nd Avenue, 2nd Floor
Suite 300, Miami, FL 33131
Miami, Florida 33130
www.brzoninglaw.com
RE: Letter of Intent - Waivers for the Property
Located at 700 North Miami Avenue
305.377.6227 office
305.377.6222 fax
Dear Mr. Goldberg:
mtapanes@brzoninglaw.com

This law firm represents WG 700 NORTH MIAMI

LLC (the “Applicant”), the owner of the properties
located at 700 North Miami Avenue and 721 NW 1
Avenue (the “Property”) in the City of Miami (the “City”).
This letter shall serve as the Applicant’s required letter
of intent to request approval of the following:

1. Waiver pursuant to Article 5, Section 5.6.4.d of

Miami 21 to permit parking into the Second Layer above
the first Story with an art treatment for one hundred
percent (100%) of that portion of the pedestal façade.

2. Waiver pursuant to Article 5, Section 5.6.4.e of

Miami 21 to permit above ground parking into the
Second Layer beyond fifty percent (50%) of the length
of the frontage of the pedestal with an art treatment for
that portion of the pedestal façade.

3. Waiver pursuant to Article 7, Section

7.1.2.5.a.29 of Miami 21 to permit a ten percent (10%)
reduction of the minimum required driveway width.

4. Waiver pursuant to Article 7, Section 7.1.2.5.a.29

of Miami 21 to permit a ten percent (10%) reduction of
the minimum required building spacing above the
eighth floor.
 Mr. Daniel Goldberg, Esq.
Office of Zoning
Page 2 of 8

5. Waiver pursuant to Article 7, Section 7.1.2.5.a.29 of Miami 21 to permit a ten

percent (10%) increase of the Residential Building Floorplate size.

6. Waiver pursuant to Article 7, Section 7.1.2.5.a.29 of Miami 21 to permit a ten

percent (10%) increase of the Building Floorplate length.

7. Waiver pursuant to Article 4, Table 5 to substitute Commercial loading berths with

a Residential loading berths.

8. Waiver pursuant to Article 5, Section 5.6.2.f of Miami 21 to permit service and

parking entrance on a Principal Frontage.

Property Description. The Property is approximately 204,732 square feet (4.7 acres)
in size and is located on the east side of NW 1 Avenue, between NW 8 Street and NW 6
Street. The Miami-Dade County Property Appraiser has assigned Folio Number 01-3137-
025-0011 to the Property. See Exhibit A, Property Appraiser Summary Report. The
Property consists of Tracts “A,” “B,” and “C” of the Miami Arena Subdivision recorded in
the Official Public records of Miami-Dade County at Plat Book 129, Page 53 (the “Plat”).
See Exhibit B, Plat. Currently, the Property is the site of the former Miami Area and is
unimproved vacant land.

Figure 1. Aerial

Bercow Radell Fernandez Larkin & Tapanes | 305.377.6227 direct | 305.377.6222 fax | mtapanes@brzoninglaw.com
 Mr. Daniel Goldberg, Esq.
Office of Zoning
Page 3 of 8

Future Land Use. The Future Land Use Map (“FLUM”) of the City’s Comprehensive
Neighborhood Plan (“MCNP”) designates the Property for “Restricted Commercial,” and
provides that the Property is located in the Urban Central Business District (“UCBD”) and
the Park West Residential Density Increase Area (“Park West RDIA”). See Figure 2. FLUM
Excerpt, below.

Figure 2. FLUM Excerpt

Zoning. The Miami 21 Zoning Code (“Miami 21”) GIS Atlas designates the entirety
of the Property as within the T6 Urban Core Zone and the “O” or open designation. See
Figure 3. Zoning Map Excerpt, below.

Figure 3. Zoning Map Excerpt

Bercow Radell Fernandez Larkin & Tapanes | 305.377.6227 direct | 305.377.6222 fax | mtapanes@brzoninglaw.com
 Mr. Daniel Goldberg, Esq.
Office of Zoning
Page 4 of 8

The T6 Urban Core Zone transect is designed to consist of the highest density and
greatest variety of uses in the City. The proposed transient-oriented, urban infill
development is consistent with the intent of the Urban Core Zone.

Miami Arena DRI. The Miami Arena Development of Regional Impact (“DRI”) was
adopted by the City Commission on March 31, 1987 pursuant to City of Miami Resolution
No. 87-299. The Miami Arena DRI Development Order only applies to the Property, and
approved development of a 300,000 square foot/15,000 seat arena for basketball and
other uses (concerts, events, etc.), along with other site improvements. The Miami Arena
was constructed in 1988 and demolished in 2008. Today, the Property is geographically
located within the SEOPW Community Redevelopment Agency (“CRA”) boundaries, but is
excluded from the SEOPW DRI. This position was acknowledged by City Attorney Victoria
Mendez in a letter dated May 27, 202. See Exhibit C, City Attorney Letter. Consistent with
the City Attorney Letter, the City Commission considered the issue on June 10, 2021 and
passed a Resolution confirming that the SEOPW DRI was not applicable to the Property,
that the Miami Area DRI has sunset and that the Property remains with the SEOPW CRA.
See Exhibit D, Resolution. Since the Miami Arena was demolished and the DRI has sunset,
any new construction on the Property requires approval of the City of Miami through the
City’s Miami 21 Zoning Ordinance.

Proposed Development. The Applicant proposes to develop an urban infill, mixed-

use project (the “Project”) at the Property. The overall development will consist of
approximately 3,379,131 square feet of floor lot ratio (“FLR”), 1,126,384 square feet of
which will be provided in exchange for Public Benefits pursuant to Articles 3 and 5 of
Miami 21. This true mixed-use development includes ground floor retail, 2,457 parking
spaces, flexible office spaces, and 2,351 dwelling units. All parking and loading spaces
will be internal to the site. The south side of the Property, abutting the existing rail road
track will be improved with a beautiful, well-landscaped park. With this much-needed
urban outdoor space, the Project provides almost thirty-seven percent (37%) open space,
when only ten percent (10%) is required in the T6-60 Transect. To minimize the overall
massing and improve operation between the variety of proposed uses, the design
strategically provides three (3) separate tower structures above the eighth amenity level.
The maximum proposed height of the Project is fifty-seven (57) stories.

The Property is an irregular-shaped lot without rear access. The Project

strategically provides access for vehicles and pedestrians from the three frontages. Article
5, Section 5.6.1 of Miami 21 provides that sites with 340 feet of frontage length or more
must provide a cross-block pedestrian passage. The northern frontage along NW 8 Street
is greater than 340, however, a cross-block pedestrian passage is not possible because

Bercow Radell Fernandez Larkin & Tapanes | 305.377.6227 direct | 305.377.6222 fax | mtapanes@brzoninglaw.com
 Mr. Daniel Goldberg, Esq.
Office of Zoning
Page 5 of 8

there is no connectivity across the existing rail road track. As an alternative, the Applicant
is proposing a lush park buffering the Project from the rail road and significantly
improving pedestrian connectivity and interaction along the north, west and east
frontages.

The Project complies with the intent of Miami 21 to provide the highest density
and greatest variety of uses in the T6, the Urban Core Zone. The building will be set close
to all frontages with frequent doors and windows, parking and loading will be fully within
the building envelope, and the sidewalk will be lined with steady tree plantings
significantly improving the pedestrian experience in the Transient Oriented Development
Area.

Waivers. Pursuant to Article 7, Section 7.1.2.5 of Miami 21, Waivers permit minor
deviations from the Zoning Code, as provided in the various articles of Miami 21 and as
consistent with the guiding principles of Miami 21.

Parking in the Second Layer. Article 5, Section 5.6.4.d and Section 5.6.4.e of Miami
21 permits parking within Second Layer on Primary and Secondary Frontages with an art
treatment for that portion of the pedestal façade above the ground floor. There are only
two levels of parking that encroach into the Second Layers of the Secondary Frontages,
and both elevations feature intricate patterns. The focal point of the Project includes
geometric shapes that have different types of plants are other greenery vertically
attached. The geometric green wall façade provides sufficient movement and interests for
the urban design. The artistic treatment also serves to soften the massing. The proposed
design is consistent with the guiding principles of Miami 21 and mitigates any potential
impact from parking within the Second Layer.

Ten Percent Deviations. Section 7.1.2.5.a of Miami 21 allows Waivers up to ten

percent (10%) of any particular standard, except density, intensity and height. This may
be granted when doing so promotes the intent of the particular Transect Zone where the
proposal is located; is consistent with the guiding principles of this Code; 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 overall Project, with the Waivers to reduce the minimum driveway width,
reduce the building space above the eighth floor, increase the building floorplate size and
length, are necessary to due to the confining characteristics of the Property and promote
the intent of the T6 Transect Zone. Specifically, the transient-oriented, mixed-use Project
is in harmony with the T6 description, which provides that the Urban Core Zone consists

Bercow Radell Fernandez Larkin & Tapanes | 305.377.6227 direct | 305.377.6222 fax | mtapanes@brzoninglaw.com
 Mr. Daniel Goldberg, Esq.
Office of Zoning
Page 6 of 8

of the highest density and greatest variety of uses. This is the ideal location for the influx
residents, office, and retail in close proximity to public transportation, major
transportation corridors, and highways within the City, and the minor deviations from the
land development regulations are the minimum deviations necessary to carry out the
design. Further, the ground floor of the Project provides wide sidewalks, steady tree
planting, with frequent doors and windows, enhancing the pedestrian experience and
minimizing any potential impact of the minor deviations of Miami 21.

Driveway Width. In order to accommodate adequate maneuverability within the

irregular-shaped lot, certain internal driveways must be reduced in width. The reduced
widths do not occur throughout the entire parking structure and there are still adequate
access aisle widths. Approval of this Waiver allows for the provision of sufficient parking
to meet the demands of residents, office tenants, and patrons of the retail establishments.

Building Spacing. Article 5, Section 5.6.1.h. of Miami 21 requires a minimum

building spacing of sixty (60) feet above the eighth story. In order to accommodate the
variety of uses and minimize massing, the tower structures are oriented in a U-Shape with
the amenities in the center. The layout of the structures also pulls the bulk of massing
away from the abutting right of ways and towards the new park amenity space in the rear.
The purposeful architectural articulations throughout the Project enhance the design and
create movement between the towers. This design intent allows sufficient light and air to
flow between the towers and address the intent of Miami 21.

Floorplate Size and Length. Commercial Uses, which would also be permitted in
the T6 Transect, would provide a Building Floorplate length of 215’ and Floorplate size of
30,000 square feet. This would be significantly greater than the Proposed lengths and
sizes of the Residential Uses. The multiple frontages provide a special practical difficulty
in planning the upper residential units to ensure they are appropriately setback from all
frontages and there is adequate space between the structures. It should be noted that
the requested increase in the Building Floorplate length and size does not result in setback
nonconformities or increases in lot coverage or floor area. The orientation of the towers
minimizes the overall massing and impact on abutting properties.

Loading Berths. A Waiver pursuant to Article 7, Section 7.1.2.5.a.10 and Article 4,

Table 5 of Miami 21 is also requested to allow the substitution of two (2) commercial
loading berths with four (4) residential loading berths. Pursuant to Article 4, Table 5, a
required Industrial or Commercial loading berth may be substituted by a Commercial or
Residential loading berth, by Waiver, if the size, character, and operation of the Use is
found to not require the dimensions specified and the required loading berth dimension

Bercow Radell Fernandez Larkin & Tapanes | 305.377.6227 direct | 305.377.6222 fax | mtapanes@brzoninglaw.com
 Mr. Daniel Goldberg, Esq.
Office of Zoning
Page 7 of 8

could not otherwise be provided according to the regulations of this Code. In this case,
the proposed mix of uses will not require consistent loading and unloading of large cargo,
therefore, the substitution of two (2) commercial loading berths for four (4) residential
loading berths is appropriate. Also, with daily delivery services and shrinking of supply
chains with the increase in distribution centers, smaller trucks are more common.
Following approval of the requested Waiver, the Project will have forty (40) loading spaces
within the building envelope, which is sufficient to service the needs of the Property.

Loading and Vehicular Access. Article 5, Section 5.6.2.f of Miami 21 provides that
loading and service entries must be within the third layer and accessed from alleys when
available, or otherwise from the secondary frontage. Where Lots have only principal
frontages, vehicular entries, loading docks and service areas are permitted on principal
frontages by Waiver. The irregular-shaped lot, with multiple frontages, and rail road track
in the rear are a number of practical difficulties to achieve functional vehicular and loading
maneuverability. The proposed design separates vehicular and pedestrian interferences
to the greatest extent possible. Provides sufficient off-street drop-off locations for ride
sharing, and separate access for loading. The proposed design provides all loading
spaces and service areas internal to the building as required in Section 5.6.2.f, and this is
possible with the proposed vehicular circulation.

The proposed structure on this irregular lot will enhance the area, increase
pedestrian activity and provide a much-needed uses to this idle, vacant land. The Project,
with associated Waivers, complies with Miami 21 and advances the intent of the Urban
Core Area and Transient Oriented Development Area by offering a variety of retail, office,
and residential housing types in observance of superior urban design principles.

Conclusion. The Project is a much-needed urban infill development that will

contribute a mix of uses and variety of housing opportunities in close proximity to mass
transit and multiple transit corridors. We believe that the Project significantly improve
the existing conditions at the Property and benefit the surrounding area. The Waivers are
necessary to carry out the design and function of the Project, which will beautify the
pedestrian experience and provide ample on-site connectivity, parking and
maneuverability.

We look forward to your review of this Application. Should you have any questions
or concerns regarding this letter, please do not hesitate to phone my direct line at (305)
377-6227.

Very truly yours,

Bercow Radell Fernandez Larkin & Tapanes | 305.377.6227 direct | 305.377.6222 fax | mtapanes@brzoninglaw.com
 Mr. Daniel Goldberg, Esq.
Office of Zoning
Page 8 of 8

Melissa Tapanes Llahues

Enclosures

CC: Alex Witkoff

Adam Gottlieb
Carli Koshal Hemnani
Emily K. Balter

Bercow Radell Fernandez Larkin & Tapanes | 305.377.6227 direct | 305.377.6222 fax | mtapanes@brzoninglaw.com