HomeMy WebLinkAboutR-01-0351J-01-300
04/12/01
RESOLUTION NO:
A RESOLUTION OF THE MIAMI CITY COMMISSION,
PURSUANT TO ARTICLES 17 AND 22 OF ZONING
ORDINANCE NO. 11000, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MODIFICATION TO
THE MAJOR USE SPECIAL PERMIT FOR THE ESPIRITO
SANTO PLAZA PROJECT, TO BE LOCATED AT
APPROXIMATELY 1395 BRICKELL AVENUE, MIAMI,
FLORIDA; APPROVED BY THE CITY COMMISSION ON
JUNE 22, 1999, PURSUANT TO RESOLUTION
NO. 99-467, TO MODIFY SAID DEVELOPMENT ORDER
BY DECREASING THE AMOUNT OF OFFICE SQUARE
FOOTAGE BY APPROXIMATELY 171,848, REDUCING THE
NUMBER OF RESIDENTIAL UNITS FROM 144
RESIDENTIAL UNITS TO 119 RESIDENTIAL UNITS (A
DECREASE OF 25 UNITS), AND ADDING 203 HOTEL
ROOMS, RETAINING ACCESSORY RETAIL AND
RECREATIONAL SPACE AND APPROXIMATELY 996
PARKING SPACES; DIRECTING TRANSMITTAL OF THE
HEREIN RESOLUTION; 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 January 30, 2001, E.S. Properties, Inc.,
"APPLICANT", submitted a letter requesting a nonsubstantial
modification to the previously approved Major Use Special Permit
for the Espirito Santo Plaza Project ("PROJECT") pursuant to
Articles 17 and 22 of Zoning Ordinance No. 11000 the Zoning
Ordinance of the City of Miami, Florida, as amended, (the "Zoning
ti1'1i' cE bna
MEETING
Ordinance No. 11000"); and
WHEREAS, on February 20, 2001, the Zoning Administrator of
the City of Miami determined that the requested modification to
the proposed development program constituted a substantial
modification to the previously approved Major Use Special Permit;
and
WHEREAS, on March 7, 2001, the APPLICANT submitted a revised
letter requesting a substantial modification to the Major Use
Special Permit Development Order for the Espirito Santo Plaza
Project; and
WHEREAS, pursuant to Article 17 of Zoning Ordinance
No. 11000, the proposed modification to the Major Use Special
Permit requires review by the Planning Advisory Board and the
City Commission; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
held on March 21, 2001, Item No. 3, following an advertised
public hearing, adopted Resolution No. PAB 26-01 by a vote of
seven to zero (7-0), RECOMMENDING APPROVAL of a substantial
modification to the previously approved Major Use Special Permit
Development Order; and
WHEREAS, the City Commission deems it advisable and in the
best interest of the general welfare of the City of Miami to
issue a Major Use Special Permit Development Order as hereinafter
set forth;
Page 2 of 8
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. The Major Use Special Permit Development
Order for the PROJECT to be developed by APPLICANT, at
approximately 1395 Brickell Avenue, Miami, Florida, attached
hereto as "Exhibit A" and made a part hereof, is amended to
reflect the requested modifications, subject to the remaining
conditions, as specified in said Development Order, remaining in
full force and effect.
Section 3. The modified PROJECT is approved for the
construction of up to approximately 213,021 square feet of retail
office use, 15,038 square feet of retail bank use, 21,543 square
feet of restaurant use, 1,101 square feet of retail use, 4,312
square feet of health club use, 119 residential units, and 203
hotel rooms, plus hotel lobby, restaurant, ballrooms, meeting
rooms and other hotel space, with accessory recreational space
and 996 parking spaces.
Section 4. The approved Major Use Special Permit for the
PROJECT also encompasses the lower ranking Special Permits as set
forth in the Development Order, attached as "Exhibit A" hereto
and incorporated herein.
Page 3 of 8
Y.� 5 1
Section 5. The findings of fact set forth below are
hereby made with respect to the modifications to subject PROJECT:
a. The modified PROJECT is in conformity with the
adopted Miami Comprehensive Neighborhood Plan
1989-2000, as amended.
b. The modified PROJECT is in accord with the SD -5
Zoning classification of Zoning Ordinance
No. 11000, the Zoning Ordinance of the City of
Miami, Florida, as amended.
C. Pursuant to Section 1305 of the Zoning Ordinance
of the City of Miami, Florida, the specific site
plan aspects of the PROJECT, i.e., ingress and
egress, parking, signs and lighting, utilities,
drainage, preservation of natural features and
control of potentially adverse effects generally,
have been considered and will be further
considered administratively during the process of
issuing a building permit and a certificate of
occupancy.
d. The PROJECT is expected to cost approximately $106
million, and to employ approximately 336 workers
during construction (Full -Time Employees); the
PROJECT will also result in the creation of
approximately 32 permanent new jobs. The PROJECT
will generate approximately $4 million annually in
Page 4 of 8
tax revenues to local units of government (of
which approximately $1.4 million will go to the
City of Miami) (1999 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on
the economy of the City;
(2) the PROJECT will efficiently use public
transportation facilities;
(3) any potentially adverse effects of the
PROJECT will be mitigated through compliance
with the conditions of this Major Use Special
Permit;
(4) the PROJECT will favorably affect the need
for people to find adequate housing
reasonably accessible to their places of
employment;
(5) the PROJECT will efficiently use necessary
public facilities;
(6) the PROJECT will not negatively impact the
environment and natural 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;
Page 5 of 8 R a
(9)
based on the record presented and evidence
presented, the public welfare will be served
by the PROJECT; and
(10)
any potentially adverse effects of the
PROJECT arising from safety and security,
fire protection and life safety, solid waste,
heritage conservation, trees, shoreline
development, minority participation and
employment, and minority
contractor/subcontractor participation 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 APPLICANTS and any successors
in interest.
Section 7. The application for Major Use Special Permit,
which was submitted on April 7, 1999, as amended, and which is on
file with the Department of Planning and Zoning of the City of
Miami, Florida, shall be relied upon generally for administrative
interpretations and is made a part hereof by reference.
Section 8. The City Manager is directed to instruct the
Director of the Department of Planning and Zoning to transmit a
copy of this Resolution and attachment to the developers: E.S.
Properties, Inc. 1395 Brickell Avenue, 9th Floor, Miami, FL
33131.
Page 6 of 8
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, which is attached hereto as
"Exhibit A" and made a part hereof by reference.
Section 10. The Major Use Special Permit Development
Order for the Project ("Exhibit "A") is amended.
Section 11. In the event that any portion or section of
this Resolution or of the modified Development Order
("Exhibit A") 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 ("Exhibit A") 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 herein Resolution.
Section 13. This Major Use Special Permit, as approved,
shall expire two (2) years from its commencement and operative
date.
Section 14. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.:/
�i 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.
Page 7 of 8 n_ 5 1
PASSED AND ADOPTED this 26th day of
ATTEST:
April -1 2001.
JOE CAROLLO, MAYOR
I a
fn A-(%irdance wift�, Vn.�rn' Sec. 2-26, �-,jrce the Mayor did not ink*=n of
this legislation by signing it in mg dvilpr,-ated place
p,�o of ten '10) day,-,, "0- of
beComes effective with the o`: k ro
regarding same, without the Mayor axejeising a vj"1;' /'/1 -�.'
WALTER J. FOEMAN
CITY CLERK
APP
AND CORRECTNESS:
ATTORNEY
5217.V-M-ldp:BSS:dd
Walter X
Page 8 of 8 I '1 — 31511
"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
ESPIRITO SANTO PLAZA PROJECT
MAJOR USE SPECIAL PERMIT
MODIFIED DEVELOPMENT ORDER:!/
Let it be known that pursuant to Articles 13 and 17 of Ordinance
No. 11000, the Zoning Ordinance of the City of Miami, Florida, as
amended, (the "Zoning Ordinance No. 11000") the Commission of the
City of Miami, Florida, has considered in a public hearing, the
issuance of a Major Use Special Permit for the Espirito Santo
Plaza Project (hereinafter referred to as the "PROJECT") to be
located at approximately 1395 Brickell Avenue, Miami, Florida, as
described on "Exhibit B" attached hereto.
After due consideration of the recommendations of the Planning
Advisory Board and after due consideration of the consistency of
this proposed development with the Miami Comprehensive
Neighborhood Plan, the City Commission has approved the PROJECT,
and subject to the following conditions approves the Major Use
Special Permit and issues this Permit:
1� Words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
Page 1 of 10 A
5 1
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development consisting
of office and residential uses to be located at approximately
1395 Brickell Avenue, Miami, Florida. The PROJECT is located on
a gross lot area of approximately 138,500 square feet and a net
lot area of approximately 101,568 square feet of land (more
specifically described on "Exhibit B", incorporated herein by
reference). The remainder of the Project's Vital Data is
attached hereto as "EXHIBIT C", and incorporated herein by
reference, as amended by "EXHIBIT D", also attached hereto and
incorporated herein by reference.
The proposed PROJECT, as modified, will consist of approximately
437,681 selidare feet ef nen-ressiddential with 4:44 213,021
square feet of retail office use, 15,038 square feet of retail
bank use, 21,543 square feet of restaurant use, 1,101 square feet
of retail use, 4,312 square feet of health club use, 119
residential units, and 203 hotel rooms, plus hotel lobbv,
restaurant, ballrooms, meeting rooms, and other hotel space, in a
single 35 story tower adjacent to a twelve level parking
structure with the following accessory uses: ancillary retail and
restaurant space, bank offices and recreational space including a
swimming pool, a tennis court, and a health club. The PROJECT
will also provide a total of approximately 1028 parking spaces.
Page 2 of 10 0 1. — 09 0 J
The ownership, operation and maintenance of common areas and
facilities will be by the property owner or (in the case of the
property being converted to condominiums) a mandatory property
owner association in perpetuity pursuant to a recorded
Declaration of Covenants and Restrictions.
The Major Use Special Permit Application for the PROJECT
also encompasses, but is not exclusively limited to, the
following lower ranking Special Permits and variances:
CLASS I SPECIAL PERMIT as per Article 9 of Zoning Ordinance
No. 11000, for a Federal Aviation Authority Clearance
letter;
CLASS I SPECIAL PERMIT as per Article 9, Section 906.6, of
Zoning Ordinance No. 11000 for active recreational
facilities (including a swimming pool);
CLASS I SPECIAL PERMIT as per Article 9, Section 917.1.2, of
Zoning Ordinance No. 11000 for Valet Service;
CLASS II SPECIAL PERMIT as per Article 9, Section 923, of
Zoning Ordinance No. 11000 for reduction in loading berth
dimensions;
CLASS II SPECIAL PERMIT as per Article 6, Section 605.3, of
Zoning Ordinance No. 11000, for new construction in the SD -5
District;
Page 3 of 10
n CT n,
e 'a
CLASS II SPECIAL PERMIT as per Article 6, Section 605.5.2,
of Zoning Ordinance No. 11000, for outdoor service of
food/drink/shelter in the SD -5 District;
CLASS II SPECIAL PERMIT as per Article 6, Section 605.11, of
Zoning Ordinance No. 11000, for signage in the SD -5
District;
CLASS II SPECIAL PERMIT as per Article 9, Section 908.2, of
Zoning Ordinance No. 11000, for access from a public street
with widths greater than 25 feet;
SPECIAL EXCEPTION as per Article 6, Section 605.4.3(2), of
Zoning Ordinance No. 11000 to allow a Bar/Lounge open to the
public within the SD -5 District; and
VARIANCE for North side setback (15 feet required, 10 feet
provided), as per City of Miami Zoning Ordinance No. 11000,
Article 6, Section 605.8.
Pursuant to Articles 13 and 17 of Zoning Ordinance
No. 11000, approval of the requested Major Use Special Permit
shall be considered sufficient for the subordinate permits
requested and referenced above as well as any other special
approvals required by the City which may be required to carry out
the requested plans.
The PROJECT shall be constructed substantially in accordance
with plans and design schematics on file prepared by Kohn
Pederson Fox Associates PC, dated April of 1999, as amended in
Page 4 of 10 ^
January of 2001; the landscape plan shall be implemented
substantially in accordance with plans and design schematics on
file prepared by Architectural Alliance, dated March of 1999, as
amended in January of 2001; said design and landscape plans may
be permitted to be modified only to the extent necessary to
comply with the conditions for approval imposed herein; all
modifications shall be subject to the review and approval of the
Director of the Department of Planning and Zoning prior to the
issuance of any building permits.
The PROJECT conforms to the requirements of the SD -5 Zoning
District, as contained in Zoning Ordinance No. 11000.
The existing comprehensive plan future land use designation
allows the proposed mix of commercial and residential uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR
SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL
COMPLY WITH THE FOLLOWING:
1. Meet all applicable building codes, land development
regulations, ordinances and other laws.
2. Pay all applicable fees due prior to the issuance of a
building permit.
3. Prior to the issuance of a temporary or permanent Certificate
of Occupancy, allow the Miami Police Department to conduct a
security survey, at the option of the Department, and to make
Page 5 of 10 0 3-01
recommendations concerning security measures and systems;
further submit a report to the Department of Planning and
Zoning, 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 Director of Planning and Zoning why such
recommendations are impractical.
4. Prior to the issuance of a temporary or permanent Certificate
of Occupancy, provide a letter from the Department of Fire -
Rescue indicating E.S. Properties, Inc.'s (the "APPLICANT")
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.
5. Prior to the issuance of a temporary or permanent Certificate
of Occupancy, provide a letter of assurance or obtain approval
from the Department of Solid Waste that the PROJECT has
addressed all concerns of the said Department.
6. Prepare a Minority Participation and Employment Plan
(including a Contractor/ Subcontractor Participation Plan) to
be submitted to the City's Administrator of Equal Opportunity
Diversity Programs for review and comments, with the
understanding that the APPLICANT must use its best efforts to
Page 6 of 10 �? I_ I- .
5
follow the provisions of the City of Miami's Minority/Women
Business Affairs and Procurement as a guide.
7. Prior to the issuance of a temporary or permanent Certificate
of Occupancy, record the following in the Public Records of
Miami -Dade County, Florida: 1) 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; and 2) 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.
8. Prior to the issuance of a temporary or permanent Certificate
of Occupancy, demonstrate to the City that the PROJECT has
either: 1) completed its condominium requirements and has been
approved for such by the State of Florida; or 2) provide the
City with an executed, recordable 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.
9. Provide the Department of Public Works with plans for proposed
sidewalk and swale area improvements for their review and
approval prior to the issuance of a building permit.
10. Provide the Department of Planning and Zoning with a
temporary parking plan which addresses construction of
Page 7 of 10 v --.
employee parking during the construction period; said plan
shall be subject to review and approval by the Department of
Planning and Zoning prior to the issuance of any building
permits; and shall be enforced during construction activity.
11. Make available to the City, at no charge, pursuant to the
requirements of the Departments of Fire -Rescue and General
Administration, the roof area of the proposed structures for
any necessary communications equipment.
12. Retain the services of an archeological consultant who will
be responsible for conducting archeological monitoring of all
ground disturbing activity as well as the subsequent recovery
of artifacts. Said consultant shall work at the direction of
the Miami -Dade County Archeologist and shall provide reports
to both that office and to the City.
THE CITY SHALL:
Establish the operative date of this Permit as being
thirty (30) days from the date of its issuance; the issuance
date shall constitute the commencement of the thirty (30)
day period to appeal from the provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the
Miami Comprehensive Neighborhood Plan 1989-2000, is consistent
Page 8 of 10
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 Zoning Ordinance No. 11000:
(1) the PROJECT will have a favorable impact on the economy
of the City; and
(2) the PROJECT will efficiently use public transportation
facilities; and
(3) the PROJECT will favorably affect the need for people
to find adequate housing reasonably accessible to their
places of employment; and
(4) the PROJECT will efficiently use necessary public
facilities; and
(5) the PROJECT will not negatively impact the environment
and natural resources of the City; and
(6) the PROJECT will not adversely affect public safety;
and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be
mitigated through conditions of this Major Use Special
Permit.
The proposed development does not unreasonably interfere
with the achievement of the objectives of the adopted State Land
Development Plan applicable to the City of Miami.
Pursuant to Section 1305 of Zoning Ordinance No. 11000, the
specific site plan aspects of the PROJECT i.e., ingress and
Page 9 of 10 — 3
egress, offstreet parking and loading, refuse and service areas,
signs and lighting, utilities, drainage and control of
potentially adverse effects generally have been considered and
will be further considered administratively during the process of
issuing individual building permits and certificates of
occupancy.
Page 10 of 10 _ ,
aEc: I bb I OAJ4 b
EXHIBIT "8"
Estoril Incorporated owns:
Tract "A" of U.C.P. SUBDIVISION, according to the plat thereof as recorded in Plat Book
121, at Page 93 of the Public Records of Miami -Dade County, Florida.
and
E.S: Properties, Inc. owns:
Lots 1, 2 and the westeriy 10.00 feet of Lot 3, of HIGHLEYMAN'S SUBDIVISION, according
to the plat thereof as recorded in Plat Book 1, at Page 184 of the Public Records of Miami -
Dade County, Florida
1v "VPAROOAI101 G2SS SSW !.D0C 4I07M
01 - 951
EXHIBIT "C"
Zoning District BO - v
1395 Bricicdi Avsnols Miami, Ficrida 33129
Site Daft
Gram Lot Am& .
Not Lot Area =
1138.300 SC_ fL I
1101 -468 Im IL I
t
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ower OuNding
27.4312 sm !
130
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s
MW sq. t
ToW SukbV FcM F 2= I
163.x40 m. IL
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racer
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1
!3
1 rave" I
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TOM A*NM* Ms s FAR
_ 1 570.3151$q
-IL 1
1588.1325 so. tL
I
MbdMon Non-RMdentiW Ftoor Area : FAR
I 437.881
. IL I
1430.125 sc. tL
325 s roes Lot Area
I
1
loom Saud Provided I
I Open
I f I
I I
11S% Net Lot Afwa
IGrowd Hoot i
I
I I
_
18rk 00 Avorm Yard mi
124891
1 1
1ME
131h Sb1w Yard a
Simi
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S.E 1111!11 .
125Dli
I i
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1
31.71644. IL
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(Total Open Space 1
31.784 Ism JIL
I 113,235134. it
Efullaing meightm orfs I
I I !
1
B I I
1 Provided I I
_
M Albwed
lower 35 Floors 1 1
14926- !
INO Nal 1U RoCrifton
(Based on FDAA flood Int EEL 14'-Cn I
I !
1 t
P 12 Levels 1 I
1128'-4- I I_
1
110.3' - fi
35% ot Tower ttZ I I
I i
I
I I
(Based on FEMA flood Inc EJ_ 14:-0') I
ur in rot- es
S.F. 13th Strati !366+- o•
! _
_
S.E. 14th Street . - 1368' - 0'
- —
Brieirdl Avenue = 11 t?S' - 0' I_
- ( -- I----•
-•
- --L-
I
1111 IR as
Setbaela I !
I dee f I
t ---
jtnan= Rs uir
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S. E. Shoat—
13th - , 1115 - 0' I ! !
Ills - C_
_ _
tl
(variance 'red)
I
S -E. i.ith • � .---_. -_ ; _ �
15' - 0' .�
- -
--
Bnckoll Avenue - 1 !
30' - (r I
I
30 - Q" i
Page 1
P"
Page 3
01- 35�
Tower Floor Area Breakdown i
Moor Progrm FW. to
Mn • FAR
arms
l ;W1
". WL
Atp
35
ResfdenW
13.4'
7,041
5.001
13,705
34
R
10'-00
14 1
4.333
18,604
33
32
R*sld*n1W
Paekk 811x1
I(r-Wj
ICY-0*1 ICY -0•1
U.3421
14.4111
4,333
4,333
18.678
18.744 -
31
R*efde "
lopArl
14,478
4,313
18.x09
30
R*ef0ential
10-W
14.598
4.333
18.11 '
29
28
R&Md*n W
Raeldan W
10x-0'
1a
14 4x33
14A854 a 4.aa3
1&0,0
18967
27
ResideMW
10'-0'
14.4x4
4.603
16.0x7
215 _1
ReakkNOW
lCr4r
11.0-201-7274
10,004
25
RasidenWY
AtdLsn
1 G -W
11.871
7,247
19.118
24MZ
Medrtricai
Metza *w
13'-4'
0
19.193
10,103
24
Me
10'-0'
0
192AO
10240
23
22
Office W1
Office NW%o
_ 13•-40
13-4'
17 968
18,073
ll -vs
' 1,678
10.843
10.948
21
20
Office H Rica
OfficeRAW
13.4•
17-4•
18.075
18.1241
11875
1.875
19950 +
10.000
19
16
Office
Office Ml A:ww
13'-4•
iTW
la 160
18215
1,x75
1,878
20,0"
20,0818
17-1
Office MI -Rios
11-40
17,741
Zan
20.129 -
le
is
_ 14
I Office Hi -Rio*
Office oe
Office WNW
13'-4•
13-4•
17.750
17.711
17.747
2388
2494
2,404
188
20206
20.241
7-3-
12
11
5AN tfi-Rio*
Office
Office LO -Ride
13'-4•
13.4•
13'-4•
17.777
17
17,835
249420271
2,494
2.404
20,301
Zp, i
10
1 Office Lo -FUM
17-0
17.861
2494
2.0.355
0
8
LO -AW
I Offce Lo- ice
13'-4'
13-•
17.885
MWI
2404
4494
20,379
20.401 1
7
Office LO -FUM
17-4'
17.928
2404
20.422
8
I Office
13'-4•
17,341 1
3.098
20,430
5
4
Office,/ Terrace
Office
13'-41
1T-4'
17,560
25.663
_
2,807
4.301
_ 20,457
30,964
3
13'•4'
18,704
12272
30.074
2 BankOffices_
Ressattraet!
OLobby
13'-4•
15'-4'
1
4,021
7203
1
1.581
1.208
14,005
8,482
8.400 -
14.005
1
1 8 ' 23'-6•
13'-4'! 23'
R_esicisnm LO 5•
I Restaurant/8ar __ 13'-4•
BadRest 15.4•
_
13-4'
RetI'M
iyli-1 23.
Bank Offices 8'
Lob /Storage
it111-8•
ubEotals
4.3711
2-429
5.511
2.6391
1.633
3,977
3.382
1
3,359
__ 0
-0-
- 237 -
0
0
22.724
107 1
7.730
2429 _
_ - 2,878 .
3.977
--" .
25.106 ._
- _ _
_ __
...Retail...
GMd
ower w
Page 3
01- 35�
page 4
Exhibit "D"
ESPIRITU SANTO PLAZA
I
Project Area Calculations
Zoning District 30-5
1395 Brickell Avenue Miami, Florida 33129
I
I
I
Project Data Comparison I
JAPPROVED MUSP 99-467 I
j PROPOSED REVISIONS
j
7 -Apr -991 I
24 -Oct -001 I
I
Sited Data I
I
I
Gross Lot Area =
138,500
138,500
Net Lot Area =
101,568
101,568
Tower Building Footprint =
27,312
27,312
j
Parking Garage Footprint =
36.628
36,628
Total Building Footprint=
63,940
63,940
Floor Area Limitations For
Residential / Non -Residential Buildings
I
Provided
Provided I
Allowed
Total Allowable Floor Area = FAR
570,315
571,831
588,625
(4.25 x Gross Lot Area )
Maximum -Non -Residential Floor Area
437,681
313,991
450,125
(3.25 Gross Lot Area)
I
Residential Floor Area
147,358
140,848
Hotel Floor Area
116,992
Open Space
I
I
I
i
Open Space Provided
open spa ce Provided
Open Space Required
15,235 15% (Net Lot Area)
Ground Floor
12.489 12.3%
Brickell Avenue Yard 12.489
12.3%
6,576 6.5%
S.E. 13th Street Yard I 6,576
6.5%
12,699 12.5%
S.E. 14th Street = I 12,699
12.5%
I
31.764 31.3% I
Total Open Space = 31,764
31.3%
I
I
Building Height Limitations I
j
I
Building Height
Provided) i
Provided
Required
Tower 35 Floors
No Height Restriction
Based on Fama flood line B.F.E. 12'-0")
492'-6"
475'-9"
Parking Garage 12 Levels I
128'-4"
133'-10"
166'-6 118"1
35% of Tower Height
(Based on FEMA flood line B.F.E. 12'-0")
I
Building Frontages
S.E. 13th Street=
368'-0'
368'-0" I
S.E. 14th Street=
368'-0" I
368'0"
Brickell Avenue =195'-0"
195'-0'
I
I
Building Setbacks
I
I
Setbacks
Provided)
Provided
Minimum Required
S.E. 13th Street
15'-0' 1
15'-0"
(10'-0" from Buildin Base Line)
(10'-0" from Building Base Line)
Variance Required
Variance Required
S.E. 14th Street
15'-0"
15'-0"
15'-0"
Brickell Avenue
30'-0"
30'4'
Project Data Comparison (
APPROVED MUSP 99-467
PROPOSED REVISIONS I
I
7 -Apr -991
I 24-0ct-001
I
I
Off Street Parking
I
I
Spaces
Provided
Spaces SSpaces
Provided
Minimum Spaces I Maximum Spaces
Required ` Allowed
Residential Units
1441Units 160
1191Units
211
11 Space per unit 2 Spaces per unit
i1
238
Hotel Units
0 0
203 Rooms
120
1 Space per 4 Units 2 Spaces per 3 units
511 135
Office
395,767 FAR 762
228,0591 FAR
407
1 Space per 800sq.ft. I 1 Space per 500 sq. ft
2851 456
Retail
7,5921 FAR 7
1,101 FAR
3
1 Space per 1000sq.fL 1 space per 300sq.ft
1 4
Restaurant
15,3531 FAR 43
No Minimum 1 space per 10osq.ft.
215
Hotel BallrorMaefing Rooms
0 0
1 Space per 1000sq.fL 1 Space per 500 sq.it
Health Club
9,785 FAR 15
WFA8
1 Space per 1000sq.ft 1 S ace per 500 sq.ft.
49
Sub Total:
1 98T
4691 1.075
Handicapped (ADA)
2% of Total Allowable
20 ADA Minimum
19 ADA Minimum
91 22
I
Required/Allowed Spaces:
1
469 1,075
I
Total:
1,007
(20 HC Spaces)
956 19 HC Spaces)
Parking Configuration
1
1 1
1
I
Level
Number of Parking Spaces
Number of Parking
Spaces
Ground Level Parking
11 (11 HC Spaces)
8
31 HC Spaces)
First Parking Level 1
65 (3 HC Spaces)
60
Second Parking Level I
62
65
Third Parking Level
66
64
Fouts Parking Level
65
88
Fifth Parking Level
85 (4 HC Spaces)
75
3 (HC Spaces)
Sixth Parking Level
92 I
80
3 1 (HC Spaces)
Seventh Parking Level
89 2 HC Spaces)
75
3 (HC Spaces)
Eighth Parking Level I
92
83
3 (HC Spaces)
Ninth Parking Level
92
83
31(HC Spaces)
Tenth Parking Level
92 1
89=Spaces)
Eleventh Parking Level
92
92
Twelfth Parking Level
62
75
Sub -Total Parking =
43
l 937
Total Parkin = 1
1,007 (20 HC Spaces)
956
I
1
Loading Requirements
1
1
Provided
Provided
Required
Project FAR
1 1
25,000 to 50,000 G.S.F. 4 Berths
Square Footage =
587,468
571,831
4 Berths at 12 x 35 it
Every additional 50,000 G.S.F.
1 Berth at 12 x 55 It
Class 11 Permit required
5 Berths 12x35ft.
5 Berths 12x35ft
I
01- 351
Project Data Comparison I
APPROVED MUSP 99.467
I PROPOSED REVISIONS
I
1
7 -Apr -99
I
24 -Oct -00 I
I
I I
Tower Floor Area Breakdown
I
I
I
i I
Floor
Program
Flr. To Flr.
Ht
FAR Non -FA
Gross
FAR
Non -FART
Gross
36
levator Machine Room
1,525
7525 I
35
Residential
7,894
6,9 01
13,795
10,643
3,433
14,076
34
Residential
10'-0"
14,271
4,333
18,604
14,816
3,851
18,667
33
Residential
10'-0"
14,342
4,333 I
18,675
14,889
3,851
18,740
32
Residential
10'-0"
14,411
4,333
18,744
14,959
3,851
18,810 1
31
Residential
10'-0"
14,478
4,333
18,809
15,025
3,851
18,876 I
30
Residential
10'-0"
14,538
4,333
18,871
15,088
3,851
18,939
29
I Residential
10'-0"
14,697
4,333
18,930
15,018
3,982
19,000
28
Residential
10'-0"
14,654
4,333
18,987
14,785
T 4.272
19,057 i
27
Residential
10'-0"
14,484
4,503
18,987
14,765
4,328
19,113
26
Residential
10'-0"
11,820
7,274
19,094
10,840
8,326
19,166
25
Hotel Kitchen 1
10'-0"
11,871 1
7247
19,118
4,787
1,445
18,767
Restaurant 1
10--0-
0'-0"HotelOftices
Hotel Offices
10'-0"
1,925
Hotel Lobby
10'-0"
1,688
1,082
Hotel Lounge
10'-0"
1,464
Residential/ Atrium
10'-0"
1
0
2,721
24MZ
19,193
19,193
24
Mechanical
15'-6"
0
19,240
19,240
581
10,547
19,355
Hotel Offices
15'-5"
3,915
Health Club I
15'-5"
4,312
23
Mechanical
13'-0"
17,968
1,875
19,843
1,233
11,066
19,748
Hotel Offices
13'-0"
7,449
22
Hotel
10'-0"
18,073
1,875
19,948 {
16,652
3,155
19.807
21
Hotel
10'-0"
18,075
1,875
19,950
16,694
3,155
19,849
20
I Hotel
10'-0"
18,124
1,875
19,999
16,734
3,155
19,889
19
Hotel
10'-0"
18,169
1,875
20,044
16,773
3,155
19,928
18
Hotel
10'-0"
18,213
1,875
20,088
16,809
3,155
19,964
17
Hotel
10'-0"
17,741
2,388
20,129
16,688
3,155
19,821
16
Hotel
10'-0"
17,780
2,388
20,168
16,664
3,155
19,819
15
Offices
20'-0"
17,711
2,494
20.205 I
16,847
3,250
20,097
14
Offices
13'-4"
17,747
2,494 j
20,241
16,885
3,250
20,135
13
Offices
13'-4"
17,777 I
2,494
20.271 I
16,922
3,250
20,172
12
Offices
13'-4"
17,807
2,494
20,301
16,956
3,250 1
20,206
11
Offices
13'-4"
17,835
2.494
20,329
16,988
3,250
20.238
10
Offices
13'-4"
17,861 I
2,494
20,355
17,016
3,250
20,266
9
Offices
13'-4"
17,885
2,494
20,379
17,043
1 3,250
20,293
a
Offices
13'-4"
17,907
2,494
20,401
17,068
3.250
20,318
7
Offices
13'-4"
17,928 I
2,4
20,422
17,091
3250
20,341
6
Offices
13'-4"
17,341
3,04998
20,439
16,385
3.976 I
20,361
5
Offices
16-8"
17,560
2,697
20,467
16,841
3,429
20,270
4
Offices
13'-4"
26,663
4,301
30,964
20,903
10,100
31,003
3
Hotel
13'-4'
18,704
12,272
30,976
12,829
6,070
31,017
Kitchen
13'-4•
I
2,984
Ballroom 1
13'-4'
5,617
ting Rooms (
13'-1"
3,517
2
Offices
13'-4"
14,124
4,262
18,386
6,076
2,496
31,018
nk Offices
/3'-"
6704
1.010
HL Lobby
PRestaurentfBar
13'-4"
14,732
1
nk Offices
13'-4"
20,582
3,596
24,178
5,083
172
24,041
13' 4•
I
3,837
64
din Lobb
13'-4"
2,123
12,762
Ground
RestaurantlBar
12'-01
3,382
22,724
26,106
7,784
26,559
Servica(Storage
12'-0•
9,996
Bank Offices
17-0•
3,251
Hotel Lobby
12'-0"
3,657
I
Building Lobby
12'-0"
I
1,871
Basements
Tunnei
0
1,308
1,308
Tower Building Subtotals
570,315 1 185,311 -
755,626
560,177
190,382 I 750,559
1
Project Dais. Comparison
(
APPROVED MUSP 99.46T I I
PROPOSED REVISIONS I I
1
7-Apr-991
I
I I
24.Oct-00 I
I
I
Parking Garage Floor Area Breakdown
Floor Program
--
Fir. To Fir.
HL
FAR
Non FA
Gross I
`
FAR
Non-FART
Gross
I
Elev.
Machine
Room
Ii
936
936
Roof Level Recreation Deck
1
9,765
25,905
35,890
1,002
34,387
35,389
Mecnanical
I
1,589
1,589
12 I Parking
8'-9"
0
35,690
35,690
0
35,158
35,158
11 I Parking
8'-9"
0
35,690
35,890
0
35,158
35,158
10 Parking
8'-9"
0
35.6901
35,690
0
35,158
35.158 i
9 Parking
8'-9"
0
35,690
35,690
0
35,158
35.158
8 Parking
8'-9"
0
35,690
35,690
0
35,158
NAM
7 Parking
V-9'
0
35,690
35,690
0
35,686
35,686
6 Parking
T.S.
0
35,690
35,690
0
35,686
35.686
5 Parking
8'-9'
0
35,890
35,690
0
35.886
35,886
4 Parking
8'-9"
0
35,890
35,690
0
35,686
35,686
3 Parkin
8'-9'
0
35,690
35,690
0
35,686
35.686 1
2 ParkinglMEP
6'-9'
0
35,690
35,690
Retail
1,101
ResteurantlBar
2,634
Lobby
1,027
I
M35,314
1 Parking
6'-9"
6.752
28.938
35,690
0
Parking
I
Valet
I
598
Lobby
709
Restaurant/Bar
4,583
Parking Garage Subtotals
17,153
1483,699
500,852
11,654
484,120
495,774
I
Project Totals
587,468 661,610 1 1,269,078
571,831
674,502 ! 1,246,333
I
1
I
Program
FAR
I
FAR
Business Offices
384,869
213.021
Bank -Officesi
10,898
15,038
Total Office FAR =
395,767
I
228,059
Total Retail
7,592
1,101
Total Restaurant/Bar
15,353
21,543
Total Retaii/Restaurant=
22,94622,644
Total Residential FAR
I
147,358
140,848
I
Total Hotel Units FAR
I
N.A.
I
116,992
Health Club
9,785
4,312
I
Other
68,976
Project Total
587,468
577,831
I
ESPIRITO
SUMMARY OF MODIFICATIONS
NOTE: All references to "IMO" indicate "Interior Modifications Only"
OLD SHEET NO. NEW SHEET NO.
PD -1 PD -1 Drawing List
1. Modified drawing list
PD -2 PD -2 Project Area Calculations
2. Modified project calculations
A-100 A-100 Context Plan
3. Changed notes to reflect changes in program spaces
A-101 A-101 Ground Floor
4. Moved restaurant and bank hall to ground and eliminated storage areas.
IMO
5. Eliminated parking spaces under main tower on north side and replaced
with 3 truck docks.
6. Removed 3 truck dock spaces at ground floor of parking garage and
moved under tower.
7. Transformer vault relocated from south comer of parking garage to north
side of parking garage.
8. Relocated stair at northeast comer to southeast corner of garage.
9. Added flood proof construction up to 14 R. n.g.v.d, at tower.
10. Revised location of ADA parking in garage .IMO
11. Added wave trip wall to change VE 14 flood zone to AE 12 flood zone.
A-102 A-102 First Floor Plan/Parking Garage Level 2
12. Eliminated bank hall and added double height space. IMO
13. Eliminated retail and residential lobby and added office space. IMO
14. Revised location of escalators at water court. IMO
15. Eliminated chiller plant on north side of garage and added emergency
generator room and switchgear room.
16. Moved stair from N.E. corner of garage to S.E. comer.
17. Revised water court pool configuration. IMO
18. Eliminated restaurant and added double height space. IMO
A-103 A103 tad Floor Plan/Parking Garage Level 3
19. Misc. interior plan changes to north side of tower. IMO
20. Change restaurant/bar to office space. IMO
A-104 A-104 3rd Floor Tower/Parking Garage Level 5
21. Eliminated double height space at west tower face -switched to floor
below.
22. Misc. program space changes in tower core. IMO
23. Office space changed to hotel meeting rooms and future ballroom. IMO
24. Eliminated ADA parking space in garage. IMO
25, Moved stair from N.E. corner of garage to S.E. corner.
A-105 A-105 4th Floor Tower/Parking Garage Level 6
26. Misc. program space changes in tower core. IMO
27. Eliminated office space and added double height space for hotel ballroom.
IMO
28. Added ADA parking spaces in garage. IMO
29. Eliminated fan room and added meth. Room in garage.
30. Moved stair from N.E. comer of garage to S.E. comer.
A-106 A-106 5b Floor Tower/Parking Garage Level 7
31. Misc. program space changes in tower core. IMO
€ 1- 005i
32. Added mech. Rooms and ADA spaces in garage.
33. Moved stair from N.E. corner of garage to S.E. corner.
A-107
A-107 66i Floor Tower/Parking Garage Level 8
34. Added elevator machine room and mech. Room to tower.
35. Added ADA parking spaces to garage. IMO
36. Moved stair from N.E. corner of garage to S.E. comer.
A-108
A-108 76i-156' Office tower
37. Previous sheet included Wk floor as well.
A-109
A-109 Hotel Floor Plans 166i -22nd & 23rd Floor Mech. Level
3 8. Changed office to hotel functions.
A-110
A-110 Tower Plans 24& & 256` Floors
39. Eliminated double height space and egress corridor on 24t4 floor and
added hotel executive offices. IMO
40. Storage area changed to health club on 246i floor. IMO
41. 25th floor eliminated concierge and added toilets. IMO
42. 25th floor eliminated residential apartments and added hotel concierge,
lounge and back of house functions. IMO
A-111
A-111 Residential Levels 2661 & 27th Floors
43. 26h floor added bridge between north and south sides of tower. IMO
44. 26th floor eliminated residential apartments and added double height
hotel lobby space. IMO
45. 270' floor eliminated double height space and added residential units.
IMO
A-112
A-112 Residential Plans 28h and 306' Floors
46. Added north -south corridor and revised apt. unit layout. IMO
A-113
A-113 Tower 34& and 356' Floors
47. Revised residential apartment layouts and added north -south corridor to
34'h flqor. IMO
A-114
A-114 Tower 36th Floor/Garage Roof Deck
48. Formerly this sheet showed only the 35h floor of the tower.
49. Revised garage roof deck to re -orient pool and tennis courts.
50. Health club re -located to 24`h floor of tower.
A-1150iminated
A-1160iminated
A-1170iminated
A-118
A-115 Roof Plan
51. Currently shows revised roof plan layout of tower and garage.
52. Eliminated health club and added outdoor deck to parking garage roof.
A-201
A-203 West Tower Elevation
53. Revised entry.
54. Flood proof construction to 14 ft. n.g v.d. to comply with FEMA flood
designation.
55. Eliminated office and added hotel from 16th to 23rd floor. IMO
56. Lowered building height from 492'-6" to 475'-9".
A-203
A-204 South Elevation
57. Added louvered vents at 20 and 256' mechanical room floors to
accommodate equipment requirements.
58. Eliminated triangular protrusion and added fin insert and vertical reveal.
59. Revised canopy profile.
60. Added louvers at lower levels to accommodate equipment requirements.
61. Added elevator machine room, penthouse and cooling tower enclosure
above garage.
62. Eliminated health club from garage roof.
A-202
A-204
A-205
A-206
A-207
A-207
A-205
A-206
A-207
A-210
63. Added access to ADA parking. IMO
64. Replaced stone with stucco on s.e. corner of garage.
East Tower Elevation
65. Eliminated notch and reveal at top of tower.
66. Eliminated triangular protrusion and replaced with reveal and fin insert.
67. Revised canopy profile.
68. Replaced stone with stucco at base of tower.
69. Eliminated office space and added double height ballroom. IMO
North Elevation
70. Revised building height from 492'-6" to 475'-9".
71. Added louvered vents at 24's and 25`h mechanical room floors to
accommodate equipment requirements.
72. Added louvers to accommodate building equipment.
73. Opened building to water court.
74. Split loading docks between garage and tower.
75. Added new storefront at base of tower.
76. Lowered ground floor level due to FEMA map change.
77. Eliminated health club from roof of garage.
78. Added elevator machine room, penthouse and cooling tower enclosure
above garage.
Parking Garage Elevations
79. Revised canopy profile over water court.
80. Clarified articulation of garage roof.
81. Eliminated water wall from west face of garage at water court.
82. Revised and clarified base of garage as stucco.
83. Added partial east elevation of tower beyond east elevation of garage for
clarification.
84. Revised articulation of garage exterior wall to reflect stucco and control
joint lines.
East-West Building Section
85. Added window washing pit and tracks at top of tower.
86. Clarified skylight at tower roof level.
87. Revised height of atrium lobby.
88. Eliminated mechanical mezzanine level. IMO
89. Eliminated office floors and replaced with hotel. IMO
90. Revised water court canopy profile.
91. Added elevator machine room and cooling tower enclosure at roof of
_� 351
garage.
92.
Eliminated health club from garage roof and moved to 240' floor of tower.
93.
Revised lobby and lowered to ground floor due to FEMA map revision.
A-220 N -S Garage Section Thru Truck Dock/Health Club
94.
Added planter to perimeter of garage roof deck.
95.
Added elevator machine room and cooling tower to garage roof.
96.
Revised pool deck layout.
97.
Eliminated electrical switchgear room and added chiller plant.
98.
Eliminated F.P.L. transformer vault and added retail space.
A221 N -S Garage Section Thru West Garage Entry
99.
Added planter to garage roof deck.
100.
Revised tennis court layout.
101.
Revised pool location.
_� 351
ESPIRITO SANTO PLAZA
PROJECT TRIP GENERATION
HOTEL (ROOMS) 0 203 203 0 105
TOTAL TRIP GENERATION PM PEAK HR. 661 659
BASED ON TRIP GENERATIONS LISTED IN DAVID PLUMMER & ASSOCIATES TRAFFIC STUDY
FOR ESPIRITO SANTO PLAZA APRIL 1999 EXHIBIT 9
HOTEL TRIP GENERATION BASED ON EXHIBIT 6 JW MARRIOT HOTEL TRIP GENERATION
w
C3�
PREVIOUS
NEW
NET
PREVIOUS
NEW
SF
SF
CHANGE
PM PEAK HR
PM PEAK HR
RETAIL OFFICE
384,869
213,021
(171,848)
373
206
RETAIL BANK
10,888
15,038
4,150
176
243
RESTAURANT
15,353
21,543
6,190
43
60
RETAIL
7,592
1,101
(6,491)
4
1
HEALTH CLUB
9,785
4,312
(5,473)
25
11
RESIDENTIAL (UNITS)
144
119
(25)
40
33
HOTEL (ROOMS) 0 203 203 0 105
TOTAL TRIP GENERATION PM PEAK HR. 661 659
BASED ON TRIP GENERATIONS LISTED IN DAVID PLUMMER & ASSOCIATES TRAFFIC STUDY
FOR ESPIRITO SANTO PLAZA APRIL 1999 EXHIBIT 9
HOTEL TRIP GENERATION BASED ON EXHIBIT 6 JW MARRIOT HOTEL TRIP GENERATION
w
C3�
PZ -3
PLANNING FACT SHEET
APPLICANT Adrienne Pardo, Esq. on behalf of E.S. Properties, Inc.
HEARING DATE March 21, 2001
REQUEST/LOCATION Approximately 1395 Brickell Avenue
LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards
Office.
PETITION Consideration of approving a substantial modification to
a Major Use Special Permit application for the Espirito
Santo Project, located at approximately 1395 Brickell
Avenue in order to eliminate approximately 171,848
square feet of office use to be replaced with 203 hotel
rooms.
PLANNING
RECOMMENDATION
BACKGROUND AND
ANALYSIS
Approval.
See attached.
PLANNING ADVISORY BOARD Approval
CITY COMMISSION N/A
APPLICATION NUMBER 01-006
VOTE: 7-0
Item #3
CITY OF MIAMI - PLANNING AND ZONING DEPARTMENT
444 SW 2µD AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
Date: 3/13/2001 �- _~ __ _ 012"e 51
ANALYSIS FOR MODIFICATION TO
MAJOR USE SPECIAL PERMIT
Espirito Santo Plaza
CASE NO: 01-006
The requested modification to a previously approved Major Use Special Permit is for the
purpose of allowing a change in the mix of uses for the proposed Espirito Santo Project.
The project was approved by the City Commission on June 22, 1999 pursuant to
Resolution 99-467; the project was approved as an Office -Residential project consisting
of approximately 437,681 square feet of nonresidential uses, 144 residential units with
accessory recreational uses and approximately 1028 parking spaces for the property
located at approximately 1395 Brickell Avenue within the Downtown NET Area.
This Major Use Special Permit also encompassed the following lower ranking permits
and variance:
CLASS I SPECIAL PERMIT as per Article 9, for a Federal Aviation Authority Clearance letter; -
CLASS I SPECIAL PERMIT as per Article 9, Section 906.6 for active recreational facilities
(including a swimming pool);
CLASS I SPECIAL PERMIT as per Article 9, section 917.1.2 for Valet Service;
CLASS II SPECIAL PERMIT as per Article 9, Section 923 for reduction in loading berth
dimensions;
CLASS I1 SPECIAL PERMIT as per Article 6, Section 605.3, for new construction in the SD -5
District;
CLASS II SPECIAL PERMIT as per Article 6, Section 605.5.2, for outdoor service of
food/drink/shelter in the SD -5 District;
CLASS II SPECIAL PERMIT as per Article 6, Section 605.11, for signage in the SD -5 District;
CLASS II SPECIAL PERMIT as per Article 9, Section 908.2, for access from a public street with
widths greater than 25 feet;
SPECIAL EXCEPTION as per Article 6, Section 605.4.3(2) to allow a Bar/Lounge open to the
public within the SD -5 District; and
VARIANCE for North side setback (15 feet required, 10 feet provided), as per City of Miami
Zoning Ordinance, Article 6, Section 605.8.
Pursuant to Articles 13 and 17 of Zoning Ordinance 11000, approval of the
requested Major Use Special Permit was 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 requested modification consists of a series of minor building modifications
required by the Building Department in order to comply with Code (deemed
nonsubstantial), and a program change to simultaneously decrease the proposed
office use by approximately 171,848 square feet, and reducing the number of
residential units from 144 to 119 (a decrease of 25 units), while adding 203 hotel
rooms (among a series of other minor changes as described in the attached request).
Pursuant to Article 17, the modifications shall be reviewed in order to determine whether
the changes would meet the same requirements as for the original application.
In determining the appropriateness of the proposed modifications and whether the
proposed changes meet the same requirements, the Planning Department has made
the following findings:
• It is found that the proposed modification to simultaneously decrease the proposed
office use by approximately 171,848 square feet, and reducing the number of
residential units from 144 to 119 (a decrease of 25 units), while adding 203 hotel
rooms, will benefit the City by creating new hotel rooms within the downtown area;
the City of Miami is deficient in providing sufficient hotel rooms to attract major
conferences, and the addition of 203 new rooms on Brickell Avenue will therefore be
beneficial.
• It is found that the Large Scale Development Committee originally reviewed the
project on December 7, 1998 and that the proposed changes do not affect the traffic
study, which was presented at the time of application; there is an overall reduction in
the project of approximately 10,000 square feet.
• It is found that, with this request, the actual peak hour trip generation result from the
proposed change will go down; no adverse impacts on traffic will occur as the result
of the proposed modification.
• It is found that the proposed modifications meet the same requirements as the
originally approved Development Order for the Espirito Santo Project.
• It is found that the conditions imposed on the original development order should
remain in full force and effect upon the approval of the requested modification to the
development program.
• It is found that with respect to all additional criteria as specified in Section 1305 of
Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate.
Based on these findings, the Planning Department is recommending approval of the
requested modification to the Espirito Santo Project with the following conditions:
2 01- 351
1. The approval of this modification shall be subject to all conditions as specified in
the Development Order for the Espirito Santo Project as approved by the City
Commission on June 22, 1999 pursuant to Resolution 99467.
01- 351
RESOLUTION PAB -26-01
A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION
TO APPROVE A SUBSTANTIAL MODIFICATION TO A MAJOR USE
SPECIAL PERMIT APPLICATION FOR THE ESPIRITO SANTO PROJECT,
LOCATED AT APPROXIMATELY 1395 BRICKELL AVENUE, IN ORDER
TO ELIMINATE APPROXIMATELY 171,848 SQUARE FEET OF OFFICE
USE TO BE REPLACED WITH 203 HOTEL ROOMS.
HEARING DATE: March 21, 2001
ITEM NO.: 3
VOTE: 7-0
,Ana Gelabert-SaneheiVirect&
Planning and Zoning Department
01- 351
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01- 351
Adrienne Friesner Pardo
(305) 579-0683
Direct Fax: (305) 961-5683
E -Mail: pardoa@gtlaw.com
HAND DELIVERY
Ms. Teresita Fernandez
Director, City of Miami
Hearing Boards
444 S.W. 2nd Avenue, 70 Floor
Miami, FL 33130
M101H
I B fl � B I 6
LA W- . _ .. — ..
March 7, 2001
Re: Espirito Santo Plaza- 1395 Brickell Avenue MUSP Resolution No. 99-467
Dear Teresita:
On behalf of the owner of the above referenced property, Estoril Incorporated we are requesting
approval of a substantial amendment with regard to modifying the approved Major Use Special Permit, as
amended on April 14, 2000 and February 20, 2001. Our request seeks to reduce the office square footage
from 395,767 to 288,059 and add the use of a hotel with 203 rooms. The total floor area for the
nonresidential use (including office, retail and health club) will be 313,991 plus 119 residential units and 203
hotel rooms. The overall floor area for the building will be 560,177 square feet which is actually 10,000
square feet less than the prior approved MUSP.' In addition, the architectural design of the building will
remain the same.
For your review, we have enclosed a copy of MUSP Resolution No. 99-467, the April 2000 and
February 20, 2001 nonsubstantial amendments, new plans for the project which incorporate the changes, a
Comparison of the Approved MUSP with the proposed changes and a new Project Data Sheet, and a
memorandum from Lourdes Slazyk and Juan Gonzalez providing that the addition of the hotel use is a
substantial amendment. The addition of the hotel element with the decrease in office square footage, does
not generate any additional vehicular trips, and in fact slightly lowers the trip generation.
Thank you very much for your attention to this matter and please call me at (305) 579-0683 if you
have any questions.
Very truly yours,
Adrienne Friesner Pardo
cc: Mr. William Ross
Mr. Jack Plunkett -
Ms. Lourdes Slazyk
Mr. Juan Gonzalez '
Lucia A. Dougherty, Esq.
' My letter of January 30, 2001 incorrectly stated that the floor area would be increased slightly by 1,516 square feet.
GREENBERG TRAURIG, P.A.
1221 BRICKELL AVENUE MIAMI. FLORIDA 33131
305-579-0500 FAx 305-579-0717 www.gtiaw.com
DIIAMI NEW YORK WASHINGTON. D.C. ATLANTA PHILADELPHIA TYsONS CORNER CHICAGO BOSTON PHOENIX WILMINGTON LO r�G LEs DEN,
Sao PAULO FORT LAUDERDALE BOCA RATON WEST PALM BEACH ORLANDO TALLAHASSO i . 5
Lourdes Slazyk,
istant Director
nrung an ep
uan Gonzalez,
Acting Zoning Admi , i
Planning and Zoning
;FiCE N,E("LDi.1M
February 20, 2001
t Determination of
Non -substantial change
In an approved MUSP
1395 Brickell Avenue
Resolution 99-467
hent
Pursuant to a request from Adrienne Friesner Pardo of the law firm of Greenberg Traurig,
representing the owners of Espirito Santo Plaza, copcerning a determination of a non -
substantial change from the approved MUSP, please be advised of the following.
The City of Miami Commission passed and adopted Resolution 99-467 approving a Major
Use Special Permit (MUSP) for 1395 Brickell Avenue.
In summary, the changes to the building include a reduction in height, a reduction in the non-
residential square footage, a reduction in the number of parking spaces, a minor increase in
total floor area ratio of only 1,516 square feet, and an addition of hotel use with 203 rooms.
A detailed description of each change is identified on the attached Summary of
Modifications, as well as the enclosed plans which identify all changes circled and described
in red pencil.
Section 7215.1 regulates whether changes to a major use special permit are non -substantial.
The criteria referenced are:
A) The requested change exceeds the zoning regulations;
B) The footprint of the building is proposed to be moved by more than ten
(10) feet in any horizontal direction.
C) The height of the building or any portion thereof is proposed to be
increased by more than (5) feet or five (5) percent of the height of the
building; whichever is greater, in a vertical direction;
D) Any other change which, in the evaluation of the zoning administrator,
has not been part of the prior application, has not been reviewed and
evaluated by staff, and has a serious effect on the project proposed by
the application.
Except for the proposed addition of 203 hotel rooms, the proposed changes can be considered
nonsubstantial. However, in my opinion the elimination of substantial office space to be
replaced by a 203 room hotel has a serious affect on the project.
01- 351
.. .... —v... . . . Y . .N...' / zslj —. ... - . — L V d
Lourdes Slazyk
February 20, 2001
Page 2 of 3
Therefore, after review of the proposed changes, it is my opinion that the changes do
constitute a substantial change as defined and regulated under Section 2215.1 of Zoning
Ordinance 11000 as amended.
7CG: to
Cc: Ana Gelabert-Sanchez, Director
Planning and Zoning Deparanent
Zoning file
01- 351
ESPIRITO
SUMMARY OF MODUWATIONS
NOTE: All references to "IHO" indicate "Interior Modifications Only"
OLD SHEET NO. NEW SHEET NO.
PD -1 PD -1 Drawing List
1. Modified drawing list
PD -2 PD4 Project Area Calculations
2. Modified project calculations
A-100 A-100 Context Plan
3. Changed notes to reflect changes in program spaces
A-101 A-101 Ground Floor
4. Moved restaurant and bank hall to ground and eliminated storage areas,
IMO
5. Eliminated parking spaces under main tower on north side and replaced
with 3 truck docks.
6. Removed 3 truck dock spaces at ground floor of parking garage and
moved under tower.
7. Transformer vault relocated from south comer of parking garage to north
side of parking garage.
8. Relocated stair at northeast corner to southeast corner of garage.
9. Added flood proof construction up to 14 8. ng v.d. at tower.
10. Revised location of ADA packing in garage .IMO
11. Added wave trip wall to change VE 14 flood zone to AE 12 flood zone.
A-102 A-102 First Floor Plan/Parking Garage Level 2
12. Eliminated bank hall and added double height space. IMO
13. Eliminated retail and residential lobby and added office space. IMO
14. Revised location of escalators at water court. IMO
15. Eliminated chiller plant on north side of garage and added emergency
generator room and switchgear room.
16. Moved stair from N.E. corner of garage to S.E. corner.
17. Revised water court pool configuration. IMO
It. Eliminated restaurant and added double height space. IMO
A-103 A103 rd Floor Platt/Parking Garage Level 3
19. Misc, interior plan changes to north side of tower. IMO
20. Change restaurant/bar to office space. IMO
A-104 A-104 3`a Floor Tower/Parking Garage Level 5
21. Eliminated double height space at west tower face -switched to floor
below.
22. Misc. program space changes in tower core. IMO
23. Office space changed to hotel meeting rooms and future ballroom. IMO
24. Eliminated ADA parking space in garage. IMO
25. Moved stair from N.E. corner of garage to S.E. corner.
A-105 A-105 0 Floor Tower/Parking Garage Level 6
26. Misc. program space changes in tower core. IMO
27. Eliminated office space and added double height space for hotel ballroom.
IMO
28. Added ADA parking spaces in garage. IMO
29. Eliminated fan roam and added mech. Room in garage.
30. Moved stair from N.E. corner of garage to S.E. comer.
A-106 A-106 5"' Floor Tower/Parking Garage Level 7
3I. Misc. program space changes in town core. TMO
o1- 351
i
01- 351
32. Added meth Rooms and ADA spaces in garage.
33. Moved stair from N.E. corner of garage to S.E. comer.
A-107
A-107 6'" Floor Tower/Parking Garage Level 8
34. Added elevator machine room and mach. Room to tower.
35. Added ADA parking spaces to garage. IMO
36. Moved stair from N.E. corner of garage to S.E. corner.
A-108
A-108 7'`-150' Office tourer
37. Previous sheet included 16`h floor as well.
A-109
A-109 Hotel Floor Plans 16"-21" & 23'd Floor Mech. Level
38. Changed office to Hotel functions.
A-110
A-110 Tower Plans 24d& 25e4 Floors
39. Eliminated double height space and egress corridor an 24`h floor and
added hotel executive offices. IMO
40. Storage area changed to health club on 2e floor. IMO
41. 25t° floor eliminated concierge and added toilets. IMO
42. 25'" floor eliminated residential apartments and added hotel concierge,
lounge and back of house functions. 1MO
A-111
A-111 Residential Levels 2e & 27'h Floors
43. 26'h floor added bridge between north and south sides of tower. IMO
44. 26'h floor eliminated residential apartments and added double freight
hotel lobby space. IMO
45. 27th floor eliminated double height space and added residential units.
IMO
A-112
A-112 Residential Plans 28"' and 301h Floors
46. Added aorth-south corridor and revised apt. unit layout. IMO
A-113
A-113 Tower 341h and 350' Floors
47. Revised residential apartment layouts and added north -south corridor to
34" floor. IMO
A-114
A-114 Tower 36`h Floor/Garage Roof Deck
48. Formerly this sheet showed only the 35`` floor of the tower.
49_ Revised garage roof deck to re -orient pool and tennis courts.
50. Health club re -located to 24th floor of tower.
A-115Eliminated
A-116'Eliminated
A-117Eliminated
A-118
A -lis Roof Plan
51. Currently shows revised roof plan layout of tower and garage.
52. Eliminated health club and added outdoor deck to parking garage roof.
A-201
A-203 West Tower Elevation
53. Revised entry' .
54. Flood proof construction to 14 ft. n.g v.d. to comply with FEMA flood
designation.
55. Eliminated office and added hotel frosn 16th to 23°' floor. INLO
56. Lowered building height from 492'-6" to 475'-9^
A-203
A-204 South Elevation
57. Added louvered vents at 24i° and 25'h mechanical room floors to
accommodate equipment requirements.
58. Eliminated triangular protrusion and added fin insert and vertical reveal.
59. Revised canopy profile.
60. Added lowmrs at lower levels to accommodate equipment requirements.
61. Added elevator machine room, penthouse and cooling tower enclosure
above garage.
62. Eliminated health club from garage roof.
01- 351
A-202
A-204
A-205
A-206
A-207
A-207
v.++ v. .... a ....--.... .. v
63. Added access to ADA parking. IMO
64. Replaced stone with stucco on s.e, corner of garage.
A-205 East Tomr Elevation
65. Eliminated notch and reveal at top of tower.
66. Eliminated triangular protrusion and replaced with reveal and fin insert.
67. Revised canopy profile.
68. Replaced stone with stucco at base of tower.
69. Eliminated office space and added double height ballroom. IMO
A-206 North Elevation
70, Revised building height from 492'-6" to 475'-9".
71. Added louvered vents at 24a and 25'' mechanical room floors to
accommodate equipment requirements.
72. Added louvers to accommodate building equipment.
73. Opened building to water court-
74.
ourt74. Split loading docks between garage and tower.
75. Added new storefront at base of tower.
76. Lowed ground floor level due to FEMA map change.
77. Eliminated health club from roof of garage.
78. Added elevator machine room, penthouse and cooling tower enclosure
above garage.
A-207 Parking Garage Elevations
79. Revised canopy profile over water court.
80. Clarified articulation of garage roof.
81. Eliminated water wall from west face of garage at water court.
82. Revised and clarified base of garage as stucco.
83. Added partial east elevation of tower beyond east elevation of garage for
clarification.
84. Revised articulation of garage exterior wall to reflect stucco and control
joint lines.
A-210 East-West Building Section
85. Added window washing pit and tracks at top of tower.
86. Clarified skylight at tower roof level.
87. Revised height of atrium lobby.
88. Eliminated mechanical mezzanine level. IMO
89. Eliminated office floors and replaced with hotel. IMO
90. Revised water court canopy profile.
91. Added elevator machine room and cooling tower enclosure at roof of
garage. .
92. Eliminated health club from gar2t roof and moved. to 24" floor of tower.
93. Revised lobby and lowered to ground floor due to FEMA snap revision.
A-220 N -S Garage Section Thru Truck Dock/Health Clitb
94. Added planter to perimeter of garage roof clerk
95. Added elevator machine room and cooling, tower to garage roof.
96. Revised pool deck layout.
97, Eliminated electrical switchgear room and added chiller plant.
98. Eliminated F.P.L. transformer vault and .added retail space.
A221 N-3 Garage Section Thru West Garage Entry
99. Added planter to garage roof deck.
100. Revised tennis court layout.
101. Revised pool location.
01- 351
ESPIRITO SANTO PLAZA
PROJECT TRIP GENERATION
HOTEL (ROOMS) 0 203 203 0 105
TOTAL TRIP GENERATION PM PEAK HR. 661 659
BASED ON TRIP GENERATIONS LISTED W DA14D PLUMMER 6 ASSOCIATES TRAFFIC STUDY
FOR ESPIRITO SANTO PLAZA APRIL 1999 EXHIBIT 9
HOTEL TRIP GENERATION BASED ON EXHIBIT 6 JW MARRIOT HOTEL TRIP GENERATION
O
e
w
ct
p"
PREVIOUS
NEW
NET
PREVIOUS
NEW
SF
SF
CHANGE
PM PEAK HR
PM PEAK HR
RETAIL OFFICE
384,869
213,021
(171,848)
373
206
RETAIL BANK
10,888
15,038
4,150
176
243
RESTAURANT
15,353
21,543
6,190
43
60
RETAIL
7,592
1,101
(6,491)
4
1
HEALTH CLUB
9,785
4,312
(5,473)
25
11
RESIDENTIAL (UNITS)
144
119
(25)
40
33
HOTEL (ROOMS) 0 203 203 0 105
TOTAL TRIP GENERATION PM PEAK HR. 661 659
BASED ON TRIP GENERATIONS LISTED W DA14D PLUMMER 6 ASSOCIATES TRAFFIC STUDY
FOR ESPIRITO SANTO PLAZA APRIL 1999 EXHIBIT 9
HOTEL TRIP GENERATION BASED ON EXHIBIT 6 JW MARRIOT HOTEL TRIP GENERATION
O
e
w
ct
p"
Adrienne Friesner Pardo
(305)59-0883
Direr. Fax: (305) 961-5683
E -Mail: pardoa@gdaw.com
HAND DELIVERY
Ms. Ana Gelabert-Sanchez
Director, City of Miami
Planning Department
444 S.W. 2nd Avenue, Third Floor
Miami, FL 33130
UIILL11ULIIU
A T T 0 E N E Y S A T L A W
I � fl U f I G
January 30, 2001
Re: Espirito Santo P!aza-1395 Brickell Avenue MUSP Resolution No. 99-467
Dear Ana:
On behalf of the owner of the above referenced property, E.S. Properties, Inc., we are requesting
approval of a nonsubstantial amendment with regard to the following changes to the approved Major Use
Special Permit, as amended on April 14, 2000. The proposed changes are nonsubstantial pursuant to
Sections 1706 and 2215 of the City of Miami Zoning Ordinance. In summary, the changes to the building
include a reduction in height, a reduction in the non-residential square footage, a reduction in the number of
parking spaces, a minor increase in total floor area ratio of only 1,516 square feet, and an addition of hotel
use with 203 rooms. A detailed description of each change is identified on the attached Summary of
Modifications, as well as the enclosed plans which identify all changes circled and described in red pencil.
Many of the changes have been made due to the flood plan elevation of the building having been
lowered pursuant to a change in the FEMA designation. This amendment allowed for the relocation of the
retail area and hotel lobby to now be essentially at grade with the sidewalk, instead of 17 feet above grade.
i hus, now providing a much more pedestrian friendly environment. Prior to this FEMA amendment, the
ground floor of the building could not be used for habitable space, therefore, the plans showed storage,
building access and parking. The revised plans include a restaurant and a hotel lobby at grade.
For your review, we have enclosed a copy of MUSP Resolution No. 99-467, the April 2000
nonsubstantial amendment, new plans for the project which incorporate the changes, a copy of the MUSP
approved plans, a Comparison of the Approved MUSP with the proposed changes and a new Project Data
Sheet. We have also enclosed a check totaling $3,000 for the application fee for the nonsubstantial change
determination. In addition, we have enclosed a Project Trip Generation Chart, which provides that the
addition of the hotel element with the decrease in office square footage, does not generate any additional
vehicular trips, and in fact slightly lowers the trip generation. ,
We are requesting that you forward this request to Mr. Juan Gonzalez for his review as the Zoning
Administrator, so that he can confirm that the changes are nonsubstantial. Thank you very much for your
attention to this matter and please call me at (305) 579-0683 if you have any questions.
Verytrully yours,
Adrienne Friesner Pardo
cc: Mr. William Ross
Mr. Jack Plunkett
Ms. Lourdes Slazyk
Mr. Juan Gonzalez
Lucia A. Dougherty, Esq.
GREENBERG TRAURIG, P.A.
1221 BRICFELL AVENUE MIAMI, FLORIDA 33131
30S-579-OS00 FAz 3OS-579-0117 www.gtiaw.com
IAMI 'NEW YORK WASHINGTON, D.C. ATLANTA PHILADELPHIA TYsONs CORNER CHICAGO BOSTON PHOENIX WILMINGTON LOs ANGELES DE`fnit
SAO PAULO FORT LAUDERDALE SOCA RATON WEST ?ALD[ BEACH ORLANDO TALLAHASSEE 01— .A51
I
INTER -OFFICE MEMORANDUM
Distribution Below
VI
na Gelabert-Sancti ctoT
Planning and Zoning Department
Aprii 14, 3000,
Extension of time for conditions:
Espirito Santo Plaza MUSP
Resolution No. 99-467
Adopted: June 22., I999
Pursuant to Section 1706, Zoning Ordinance 11000, it is hereby directed that this memorandum modifies
the development order for the Espirito Santo Plaza Major Use Special Permit, by approving an extension of
time for compliance with condition Nos. 3, 4, 5, 7a and 8 of said development order from "prior to the
issuance of a bufiding permit" to "prior to the issuance of a temporary or permanent Certificateof
Occupancy, whichever is issued first". This modification is approved finding that the proposed
modification is a "de minimus" nonsubstantial change to the Major Use Special Permit issued by
Resolution 99-467, adopted June 22, 1999.
Exhibit A of Resolution 98467 is hereby amended as follows:
Exhibit "A"
Espirito Santo Plaza Project
Major Use Special Permit
Development Order
Conditions
3. Prior to the issuance of a temporary or permanent Certificate_ of
Occupancv. Allow the Miami Police Department to conduct a security
survey, at the option of said Department, aaW- in order for the
Department to make recommendarions concerning security measures
and systems; and submit a report to the Department of Planning, pfier-
demonstrating how the Police
Department recommendations, if any, have been incorporated into the
PROJECT security and construction plans, or demonstrate to the
Director of Planning why such recommendations are impractical.
01- 351
I
4. Prior to the issuance of a temoorary or permanent Certificate of
Occuoancv, 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.
Prior to the issuance of a temnorary or Permanent Certificate of
Occunancv. Provide a letter of assurance from the Solid Waste
Department that the PROJECT has addressed all of said Department's
concerns.
7. Record the following in the Public Records of Miami -Dade County,
Florida: (a) Prior to the issuance of a temnorary or permanent
Certificate of Occupancy, record 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 properly owner association in perpetuity; and (b) 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.
8. Prior to the issuance of a temnorary or permanent Certificate of
Occupancy, Demonstrate to the City of Miami that the- PROJECT has
either. (a) completed its condominium requirements and has been
approved for such by the State of Florida, or (b) provided the. Ciry of
Miami with an executed, recordable unity of title or covenant I -lieu of
unity of title agreement for the subject property subject to review by,
and in a form acceptable to, the City Attorney.
Attachments
Distribution with attachments:
Lourdes Slazyk Assistant Director
Planning and Zoning Deparanent
Frank Rollason. Director
Building Department
Juan Gonzalez, Acting Zoning Administrator
Planning and Zoning Depaztateru
Teresita L. Fernandez, Chief
Office of Hearing Boards
Adrienne Pardo, Attomey for applicant
Espirito Santo PI'aza Major Use Special Permit File
01- 351
I
A T T o t ."1 6 Y] A T t. A R
I � � ll I 6
Adrienne Friesner?ardo
(305) 579-0683
pirect Fax: (305) 9815%83
E -Mat pandoa®gdaw corn
February 24, 2000
NAND DEL IVERY
Ms. Ana Gelabert-Sanchez
Director, City of Miami
Planning Department
444 S.W. 2nd Avenue
Third Floor
Miami, FL 33130
Re: Espirito Santo Plaza -1395 Brickeli Avenue MUSP Resolution No. 99-467
Dear Ana: -
On behalf of the owner of the above referenced property, E. S. Properties, Inc., we are requesting an
amendment from the City that the foilowing changes to the approved Major Use Special Permit Resolution
No. 99-467 are considered nonsubstantial changes pursuant to Sections 1706 and 2215 of the City of Miami
Zoning Ordinance. The following is a list of items that will be changing with regard to the project:
Request to- change the time periods in Resolution No. 99-467 for Condition
Numbers 3, 4, 5, 7a and 8 from complying prior to issuance of the building
permit to -comply prior to issuance of the temporary or permanent certificate
of occupancy, which ever is issued first.
For your review, we have enclosed a copy of MUSP Resolution No. 99-467 and a check totaling
$3,000 for the application fee for the nonsubstantial mode"cation determination. We are requesting that you
forward this request to Mr. Juan Gonzalez for his review as the Zoning Administrator, so that he can confirm
that the changes are nonsubstantial. Thank you very much for your attention to this matter and please call
me at (305) 579-0683 if you have any questions.
Very truly yours,
90-�
Adrienne Friesner Pardo
cc: Mr. Wiliam Ross
Mr. Jack Plunkett
Ms. Lourdes Slazyk
Mr. Juan Gonzalez
Lucia A. Dougherty, Esq.
Gary A. Saul, Esq.
Garicnarfit; Tn,tunw.
MWAUPAROGAIII 166"rW1X011`o0Ca2Vo0199999
LIVENninxicia. Avlinitk YI{Aall, f t.ultll{:t :l:f I:SI
:105-579-0500 VAX 305-9T9-{1717 www.01aw.com
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01+ 351
ESPIRrru SANTO PLAZA
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Project Area Calculations
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Zoning District 303
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1395 Brickell Avenue Miami. Florida 33129
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Project Data Comparison
APPROVED MUSP 99.467 I I
IMPOSED REVISIONS
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7-Apr.991 j I I
244M-00 ! !
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Sited Data I
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Gross Lot Area= I
138.500
138500 !
Net Lot Area =
101568 ! I I
101.568
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Tower Building Footprint=
27.312 1I
27.312 1 I
Panting Garage Footprint =
36.628 (
36 626 I
1 I
Total Buildin Footprint =
63.940 I I
63,940 1 i
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Floor Area Limitations For t
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Residential I Non -Residential Buildings
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Provided
Provided I
I Allowed
Total Allowable Floor Area - FAR
570.315 !
571.831 I I
1 568.625
(4.25 x Gross Lot Area)
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Maximum Non -Residential Floor Area
437,681 I
313.991 I
l 450,125 !
(3.25 Gross LotAroa) I
! !
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Residential Floor Area
147.358 ! I
140.648 I
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Hotel Floor Area
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116.992.
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Oven Space
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Open Soap Provided
Open Space Provided
10con Space Required
1I
15235 15% (Net Lot Area)
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Ground Floo►
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12.41" I 12.3%I
Bricketi Avenue Yard 1 12.489
1Z3% ,
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6576 6.5% I
S.E. 13th Street Yard ! 6.576
6.5% ) !
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12.699 12.5% I
S.E. 14th Street = I 12.699
12.5% j
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1
31.764 131.3% I I
To01 Open Space = 31.764 ; 31.3% I
Building Height Limitations I
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1
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Buildingeight
Provided! I
Provided
i Reouired j
Tower 35 Floors !
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I No Height Resttiedon !
Based on Fema flood tine B.F.E. 12'-0')
4973' I
475'-9- I
Parking Garage 12 Levels
128'•4' I i I
133'-10-
166'3 Vrl I
35% of Tower H' t
(Based on FEMA flood line B.F.E. 17-0'
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Building Frontages
S.E. 13th Street=
368'-0' i
S.E. 14th Street=
3w4r I I
1 368'0' I
'
Bricketi Avenue =
195-0' 1 j
195'-0' !
Building Setbacks
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Setbacks I IProvided)
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Provided
MlMmurnReouired
S.E. 13th Street I
15-0'
1514)' I
MW from Budding Bass tine)
Mr -r from Suiltift Base Line)
Variance Required I
Variance Required
S.E. 14th Street
15'-0' I
1541"
I1S-0-
Brickell Avenue
30-0' ( i I I
30'-0' I
304'
'
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01- 351
Project Data Comparison
JAWROVED MUSP 99.467 I
IMPOSED REVISIONS I
!
t !17,Apr-991
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1 24.Oet-00I
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Off Street Parking
ISpaces
Provided I
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1
ISpacesI
Provided
Minimum Scat" I Maximum soaps
Required Allowed
Residential Units
14alUnits 1 760 I
1191Units
1 211 1
i1SOaamcar unit 12 Spaces per unit
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I 119! 236
Hotel Units
01 1 0
2031 Rooms
1 120
1 Space oar 4 Units 12 Spaces per 3 units
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I 511 135
Office I
395.7671 FAR I 762
1 228.0591 FAR
1 407 1
11 Space per SOOsq.fL I 1 Soace oar 500 sq. %
1f
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2851 456
Retail I
7.5921FAR 1 7
1.101 IFAR
3
I 1 Soace per 1000sq.1t. 11 space per 300sq.R
! 1
1 I
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11 4
Restaurant
15.363 FAR ! 43 1
21-431 FAR
I 191
No Minimum 1 so= oar 100Sq.1L
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1 215
Hotel BallroomfMsedn Rooms
01 I 0
-IT 9.1341 FAR
16
! 1 Space oar 1000sq.R I 1 Space oar 500 so.ft
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1
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91 16
Health Club 1
9.7851FAR I 15 I
4.3121FAR
8
11 Space per tO00sq.tt. ' 1 Space per 500 so.lL
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1I
I 41 9
Sub Total: i
{ 987
I 956 I
I 4691 1.075
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Handltapped (ADA) !
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246 of Total Allowable
I 20 AOA Minimtun (
19 AOA Mhnimum
1 91 22
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Required/Allowed Spaces:
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469 1 1.075
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Total:
1.007 I(20
HC Spaces)
! 958 19 HC Spaces)
Parking Configuration
1 I I
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1 !
Leel
Number of Parking Spaces
Number of Parking Spaces
I
Ground Level Parking I
it I(11 HC Spaces)
! 8 1
31 HC Spaces)
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First Parking Level I
65 1(3 HC Spaces) I
60 I
i
Second Pandng Level I
62 1
! 65
Third Parking Level
65 1 I
I 64
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Fourth Parking Level
65 1
55 I
1
Fifth Parking Level
85 1(4 HC Spaces)75
31(HC Spaces)
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Sixth Parkin Level
92 t
SO I
3i(HC Spaces)
!
Seventh Parking Level
89 12 HC Spaces) I
1 75
31(HC Spaces)
!
Eighth Parking Level I
92 1 1
1 83 1
31(HC Spaces)
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Ninth Parking Level i
92 I
1 63 I
31(HC Spaces)
Tenth Parking Level
92 1 (
I 89
1! (MC Spaces)
Eleventh Parking Level
92 1
92 I
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Twelfth Parking Level (
62
I 75 t
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Sub -Total Parking =
43 I I
937
Total Parkin I
1.007 (20 HC Spaces)
I 956
191(HC Spaces)
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Loading Requirements I
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Provided)
Provided!
Requied
Proiect FAR 1
125.000 to 50.000 G.S.F. 4 Berths
Square Foote go= 1
587,468571.831
14 Berths at 12 x 35 ft I
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! Every adddortal 50.000 G.S.F.
!
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(
1 Berth at 12 x 55 R
Class 11 Pemkt required t
5 Berths FD 12x358
1 5 Berths 0 12x352
!
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01- 351
Project Oats Comparison I
JAPPROVIED MUSP 99467 I I
PROPOSED REWSIONS I I 1
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T -Aar -991 I
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24-0et-00I
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Tower Floor Area Breakdown I
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Floor
Program
Fir. To Fir.
HL
FAR !Nr A
Gross I
FAR
Non -FART
Gross
36
1 levator Machine Room
1.525
1,525 I
35
I Residential
7,094 5.901
13.795 I
10.643
3.433
14,076 1 1 1
34
Residential I
10'-0•
14,271 4.333
18 604 I
14.816 1
3.351 I
18.667 1 I
33
1 Residential
10-0'
14,342 4,333 I
10.575 1 1
14.889
31151
18,740 I I
32
I Residential
10 -0'
14.411 4333
18,744 I
14.959
3.851
18810 •.
31
I Residential
10'-0•
14,476 I 4,333 1
18,809 1
15,025
3,551 1
18,876 I
30
1 Residential
10'-0'
14538 i 4,333
18,871 I
15.088
3451
18.939 I I
29
1 Residential !
10'-0'
14597 I 4333
18930 I
15.018
3,982
19.000 1 I
28
Residential
10-0'
14,854 1 4,333
18967 1
14,785
4272
19,057 I ! I
27
Residential
10'-0•
14.484 I 4.503
18567 I
14.785
4,328 I
19.113 t I
26
Residential I
10'-0•
11,820 7,274 I
19,094 1 j
10 840 I
8.326
19.166 i I
25
i Hotel 1GkI
-0hen
10''
11,871 7247
19,118 1 I
4,787 1
1,445 .
18,767 ! !
Restaurant
10'-0•
I
2.705 I
950 j
I How Offices
10'-0'
1.925
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Hotel Lobby
10'-0•
I
1,688 1
1,082
I
Hotel Lounge
10'-0•
1,464
I Residentiall Atrium
10'-0'
0 j
2,721
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24AC
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1 19.193
19.193 I
I
24
MsOfartigl
15'-5'
0 192401
19.240 I
581
10.547
19355
Hotel Offices
15'-6•
3.915
t
I Health Club !
15-5'
4312
I
23
1 Mechanical I
13' 0'
17,988 I 1,875 I
19IA43
1 233 1
11,066
19.748 I
Hotel Cffiees
13'-0•
7.449 1
22
1 Hotel
10'-0'
18.073 1A75 1
19.548 I 1
16.652 i
3,155
19.807 I 1
21
! Hotel
10'-0'
16.075 I 1.875
19950 I
16.694 1
3,155
19,849 I
20
I Hotel I
10'-0'
18,124 1875
19,999
16,734
3.755 I
19,889 i
19
Hotel
10'-0'
18,169 1875
20,044 I
18,773
3,155
18,928 I
18
Hotel I
10'-0'
18213 138785
2,08
16.80 1
3.155
19.964 I I
17
1 Hotel
10-0•
17.741 28
20,129
16.666 1
3,155
19,821 I
16
Hotel
10-0'
17,780 I 2.388
20,168 I
16.664
3.155
19,819
15
I Offices
20'-0'
17,711 1 2.494 1
20205 ! I
16,647 I
3250
20,097 I
14
I Offices
13'-4'
17,747 1 2.494 I
20,241 1
1 16.885 i
3.250
20.135 I I
13
Offices
IF4:
17,777 1 2.494 I
20271 I I
16522
3250 I
20.172
12
Offices 1
13'-4'
17.807 I 2.494 I
20.301 I
16956 1
3250
20206 I
11
Offices I
13'-•
17.835 i 2.494 I
20.329
16988
3250
20238 I
10
Offices I
13'd•
17,861 I 2.494 i
20,355!
17.016
3250
20268 1
9
Offices
13' 4'
17.885 i 2,494
20.379 1 I
17,043 1
3250 1
20.293 1 1
8
Offices
17-4'
17.907 1 2,494 i
20,401 !
17.068
3250 I
20.318 I I
7
1 Offices i
13'-4•
17.928 I 2.494 I
20,422 I I
17,097
3250
20 341 I
6
offices
13 s•
17.311 i 3.098 1
20,439 i I
16.385
3976 I
20.361 I
5
1 Offices i
16 8'
17560: 2.897 i
20,45'/
16.841
3,429
20270 1
4
I Offices
113'-4'
26.663 ! 4,301 !
30984
20.903
10.100 j
31.003 1 1 I
3
1 Hotel
13'-•
18.704 12272 j
30.976
12.829 1
6.070 1
31017 1I
Kitchen i
13'-4•
I
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1 2964 !
I Ballroom
13'-4•
t 1
I
5.617 1
i1
I
Meeting Rooms i
13'-4•
1 1 I
I
3.517 1
1
i
2
omen f
17-4'
14.124 j 4.262
18,386
6.076
2.496 1
31.018 I
Bank OBices 1
13'x'
1
6704
1.010
Dbl. HL Lobby
13-1
I
14,732
1
1
Bank Offices
13-1•
20.582 i 3.596
24,178 I
5,083
172
24,041
Restautantl8ar
131-4•
1 I
3,837
64
Budding Lob
13'-4'
i
1
2--1
12.762
Ground
I ResbtuantlBar
Mr
3.382 122,7241
26.106
7.764
26559
ServkNStora a
12'-0'
9,9%
I
Bank Offices
1r-0•
I
3.251
I Hotel Lobb !
tr-r
I
3,657 I
I;
I Buil Lobb 1
1r-0'
I
1.871
j
Besamene
Tunnel I
I
0 1
1,308 I
1,308 I
Tower Building Subtotals
570,315 1 185.311
TUA26
560,177 1190.382 1750.589 1
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01- 351
Project Daa Comparison
!
JAPPROVED MUSP 99-67 I 1
PROPOSED REVISIONS
I
I
7-AM491 I
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2440-001 1
Parking Garage Floor Area Breakdown
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1 I
1 1
Furor Program
Fir. Mo fir.
ML
FAA 'Non -FA, ;
Gross ' i I
FAR
I Non-FARI
Gross ( i
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Bev.
Roomne
936
{
936
Root Lew* Recreation Deck
t
9,785 1 25.905
35.00 I
1.002
34.387
35.389 !
Msahanical
I
I 1589
1 589
I
I
12 I
I 8'-9'
0 35.890
35.690
0
35.158 1
35.158 1
11 1 P
I 8'A'
0 1 35.690 1
35.690 I I
0
35.158 +
35.158 I
10 1 P •
I 8A'
0 1 35.001
35.690 1
0
35,158 i
35.158 I i
9 Panting
8-9'
0 35,00
35.690 I
0
35,158
35.158
8 i P
I 8'-9-
1 0 33.00 1
35.690 1
0
1 35.158 1
35.158 1!
7 PaWN
8'-9'
0 1 35.0035
00 1
0
35,666
35.686 I
6
8 A'
0 35.00
35.890 1
0
1 35AN
35.886 !
5 Parkin
8'-9'
0 35.00
35.690 1 1
0
I 35.686
35.866 i
4 paftvI
W -r
0 35,690
35,690 1
0
35,886 1
35.686 1
3 P
8'-9'
0 35,890
35,690 1
0
35.88 1
35.686 i i
2 ; Palldn MEP
B 9'
0 35.690
MAN I
29 8391
34.601 I I I
I Retail
!
1,101
1
I I I
RestaumMar
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i 1
Lobby
USN
027
1
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1 Parkin
i 8'-9-
1 6.752 28.938
35,690 1
0
1 35.314 i
35.314 1 I
Gmd. Park-
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1 29.424
35.314 I
Valet.
I
598
I Lobby
709
I
I
1 Restauran0ar
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1
4S63
I
Parking Garage Subtotals
1
17,153 1493.6" 1 500.652 I
11.654
x84,120 1 495.774 1I
+
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1 I
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Project Totals
I
1587,486: 681,6101 1,269,0711 1
571,531 i 674,502 ! 1.246,3331 I I
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Program
I FAR I I
I
FAR
Business Offices
384.869 1213.021
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Bank OtBgsi
1
; 10.898
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I 15.038
I
Total Office FAR =
1
1395.767 1 1
I
228.059
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Tool Read 1
1
I 7,592 ! 1
1.101
I
I
Tool Resourant/8ar
15353 =1
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21543
Total ROWL/Resnurant=
1 22,945 1
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22.644
1 1
1 !
Total Residential FAR
I
147,358 I i
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140.848
I
Too* Hotel Unita FAR
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NA. 1 I
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116.992 I
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Health Club ,
9.785 1
I
4.312
1 I
Other I
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11.613 I I
58.976
I I
Project Total
587AN I +
I
571.931
I
1
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�
01- 351
ESPIRITO
SUMMARY OF MODIFICATIONS
NOTE: AD references to "IMO" indicate "Interior Modifications Only"
OLD SHEET NO. NEW SHEET NO.
PD -1 PD -1
Drawing List
1. Modified drawing list
PD -2 PD -2
Project Area Calculations
2. Modified project calculations
A-100 A-100
Context Plan
3. Changed notes to reflect changes in program spaces
A-101 A101
Ground Floor
4. Moved restaurant and bank hail to ground and eliminated storage areas.
IMO
5. Eliminated parking spaces under main tower on north side and replaced
with 3 truck docks.
6. Removed 3 truck dock spaces at ground floor of parking garage and
moved under tower.
7. Transformer vault relocated from south corner of parking garage to north
side of parking garage.
S. Relocated stair at northeast comer to southeast corner of garage.
9. Added flood prod' construction up to 14 R n.g v.d. at tower.
10. Revised location of ADA parking in garage .IMO
11. Added wave trip wall to change VE 14 flood zone to AE 12 flood zone.
A-102 A-102
First Floor Plan/Parking Garage Level 2
12. Eliminated bank hall and added double height space. IMO
13. Eliminated retail and residential lobby and added office space. IMO
14. Revised location of escalators at water conn. IMO
15. Eliminated chiller plant on north side of garage and added emergency
generator room and switchgear room
16. Moved stair from N.E. corner of garage to S.E. corner.
17. Revised water court pool configuration. IMO
18. Eliminated restaurant and added double height space. IMO
A-103 A103
2'd Floor Plan/Parking Garage Level 3
19. Misc. interior plan changes to north side of tower. IMO
20. Change restauranubar to office space. IMO
A-104 A-104
3rd Floor Tower/Parking Garage Level 5
21. Eliminated double height space at west tower face -switched to floor
below.
22. Misc. program space changes in tower core. IMO
23. Office space changed to hotel meeting rooms and future ballroom. IMO
24. Eliminated ADA paridng space in garage. IMO
25. Moved stair from N.E. corner of garage to S.E. corner.
A-105 A-105
4& Floor Tower/Parking Garage Level 6
26. Misc. program space changes in tower core. IMO
27. Eliminated office space and added double height space for hotel ballroom.
IM0
28. Added ADA parking spaces in garage. IMO
29. Eliminated fan room and added meth. Room in garage.
30. Moved stair from N.E. corner of garage to S.E. corner.
A-106 A-106
5t° Floor Tower/Parking Garage Level 7
31. Misc. program space changes in tower core. IMO
01- 351
A-1150iminated
A-1160iminated
A-117Eliminated
A-118 A-115 Roof Plan
51. Currently shows revised roof plan layout of tower and garage.
52. Eliminated health club and added outdoor deck to parking garage roof.
A-201 A-203 West Tower Elevation
53. Revised entry.
54. Flood proof construction to 14 ft. n g v. d. to comply with FEMA flood
designation.
55. Eliminated office and added hotel from 16`1 to 23rd floor. IMO
56. Lowered building height from 492'-6' to 475'-9".
A-203 A-204 South Elevation
57. Added louvered vents at 20 and 2501 mechanical room floors to
accommodate equipment requirements.
58. Eliminated triangular protrusion and added fin insert and vertical reveal.
59. Revised canopy profile.
60. Added louvers at lower levels to accommodate equipment requirements.
61. Added elevator machine room, penthouse and cooling tower enclosure
above garage.
62. Eliminated health club from garage roof.
01- 351
32. Added mech. Rooms and ADA spaces in garage.
33. Moved stair from N.E. corner of garage to S.E. comer.
A-107
A-107 6" Floor Tower/Parking Garage Level 8
34. Added elevator machine room and mech. Room to tower.
35. Added ADA parking spaces to garage. IMO
36. Moved stair from N.E. corner of garage to S.E. comer.
A-108
A-108 7`h45d' Office tower
37. Previous sheet included 16d'floor as well.
A-109
A-109 Hotel Floor Plans 16"-22'd & 23`d Floor Mech. Level
38. Changed office to hotel functions.
A-110
A-110 Tower Plans 24`h & 25" Floors
39. Eliminated double height space and egress corridor on 24`h floor and
added hotel executive offices. IMO
40. Storage area changed to health club on 24`h floor. IMO
41. 25'h floor eliminated concierge and added toilets. IMO
42. 25`' floor eliminated residential apartments and added hotel concierge,
lounge and back of house functions. IKO
A-111
A-111 Residential Levels 2601 & 27" Floors
43. 26'1 floor added bridge between north and south sides of tower. IMO
44. 26h floor eliminated residential apartments and added double height
hotel lobby space. IMO
45. 27"' floor eliminated double height space and added residential units.
IMO
A-112
A-112 Residential Plans 281h and 30" Floors
46. Added north -south corridor and revised apt. unit layout. IMO
A-113
A-113 Tower 34'h and 35`1 Floors
47. Revised residential apartment layouts and added north -south corridor to
34`1 floor. IMO
A-114
A-114 Tower 36' Floor/Garage Roof Deck
48. Formerly this sheet showed only the 35'h floor of the tower.
49. Revised garage roof deck to re -orient pool and tennis courts.
50. Health club re -located to 24d` floor of tower.
A-1150iminated
A-1160iminated
A-117Eliminated
A-118 A-115 Roof Plan
51. Currently shows revised roof plan layout of tower and garage.
52. Eliminated health club and added outdoor deck to parking garage roof.
A-201 A-203 West Tower Elevation
53. Revised entry.
54. Flood proof construction to 14 ft. n g v. d. to comply with FEMA flood
designation.
55. Eliminated office and added hotel from 16`1 to 23rd floor. IMO
56. Lowered building height from 492'-6' to 475'-9".
A-203 A-204 South Elevation
57. Added louvered vents at 20 and 2501 mechanical room floors to
accommodate equipment requirements.
58. Eliminated triangular protrusion and added fin insert and vertical reveal.
59. Revised canopy profile.
60. Added louvers at lower levels to accommodate equipment requirements.
61. Added elevator machine room, penthouse and cooling tower enclosure
above garage.
62. Eliminated health club from garage roof.
01- 351
63. Added access to ADA parking. IMO
64. Replaced stone with stucco on s.e. corner of garage.
A-202 A-205 East Tower Elevation
65. Eliminated notch and reveal at top of tower.
66. Eliminated mar protrusion and replaced with reveal and fin insert.
67. Revised canopy profile.
68. Replaced stone with stucco at base of tower.
69. Eliminated office space and added double height ballroom. IMO
A-204 A-206 North Elevation
70. Revised building height from 492'-6" to 475'-9".
71. Added louvered vents at 24`h and 25th mechanical room floors to
accommodate equipment requirements.
72. Added louvers to accommodate building equipment.
73. Opened building to water court.
74. Split loading docks between garage and tower.
75. Added new storefront at base of tower.
76. Lowered ground floor level due to FEMA map change.
77. Eliminated health club from roof of garage.
78. Added elevator machine room, penthouse and cooling tower enclosure
above garage
A-205 A-207 Parking Garage Elevations
79. Revised canopy profile over water court.
80. Clarified articulation of garage roof.
81. Eliminated water wall from west face of garage at water court.
82. Revised and clarified base of garage as stucco.
83. Added partial east elevation of tower beyond east elevation of garage for
clarification.
84. Revised articulation of garage exterior wall to reflect stucco and control
joint lines.
A-206 A-210 East-West Building Section
85. Added window washing pit and tracks at top of tower.
86. Clarified skylight at tower roof level.
87. Revised height of atrium lobby.
88. Eliminated mechanical mezzanine level. IMO
89. Eliminated office floors and replaced with hotel. IMO
90. Revised water court canopy profile.
91. Added elevator machine room and cooling tower enclosure at roof of
garage.
92. Eliminated health club from garage roof and moved to 24th floor of tower.
93. Revised lobby and lowered to ground floor due to FEMA map revision.
A-207 A-220 N -S Garage Section Thru Track Dock/Health Club
94. Added planter to perimeter of garage roof deck
95. Added elevator machine room and cooling tower to garage roof.
96. Revised pool deck layout.
97. Eliminated electrical switchgear room and added chiller plant.
98. Eliminated F.P.L. transformer vault and added retail space.
A-207 A221 N -S Garage Section Thru West Garage Entry
99. Added planter to garage roof deck-
100.
eck100. Revised tennis court layout.
101. Revised pool location.
Ole- 351
ESPIRITO SANTO PLAZA
PROJECT TRIP GENERATION
PREVIOUS
NEW
NET
PREVIOUS
NEW
SF
SF
CHANGE
PM PEAK HR'
PM PEAK HR
RETAIL OFFICE
384,669
213,021
(171,848)
373
206
RETAIL BANK
10,888
15,038
4,150
176
243
RESTAURANT
15,353
21,543
6,190
43
60
RETAIL
7,592
1,101
(6,491)
4
1
HEALTH CLUB
9,785
4,312
(5,473)
25
11
RESIDENTIAL (UNITS)
144
119
(25)
40
33
HOTEL (ROOMS)
0
203
203
0
105
TOTAL TRIP GENERATION PM PEAK HR. 661 659
BASED ON TRIP GENERATIONS LISTED IN DAVID PLUMMER 8 ASSOCIATES TRAFFIC STUDY
FOR ESPIRITO SANTO PLAZA APRIL 1999 EXHIBIT 9
HOTEL TRIP GENERATION BASED ON EXHIBIT 6 JW MARRIOT HOTEL TRIP GENERATION
O
K
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Adrienne F.
Pardo , who being by me first duly swom, upon oath, deposes and says:
1. That he/she is the owner, or the legal representative of the owner, submitting the
accompanying application for a public hearing as required by Chapter 55 of the Code of the City
of Miami, Florida, affecting the real property located in the City of Miami, as described and listed
on the pages attached to this affidavit and made a part thereof.
2. That all owners which he/she represents, if any, have given their full and complete
permission for him/her to act in his/her behalf for the change or modification of a classification or
regulation of zoning as set out in the accompanying petition.
3. That the pages attached hereto and made a part of this affidavit contain the current
names, mailing addresses, telephone numbers and legal descriptions for the real property of
which he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction with
this affidavit are true and correct.
Further Affiant sayeth not.
Applicant's Signature
Adrienne F. Pardo
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoing instrument was acknowledged before me this !�' day of
20 00 , by Adrienne F. Pardo who is personally
known to me or who has produced
as identification and who did (did not) take an oath.
Name: s J
Notary Public-St4teitD?,1DA 3
Commission'l`tot+':vN NO. cvri
My Com mission'-E*#�es�r`'4~
01- 351
OVMR'S LIST
Owner's Name Estoril Incorporated
Mailing Address 1.4 n 1. Rrinkell Avenue. Miami, Florida 33131
Zio Code
Telephone Number ( 3 0 5) 371- 3500
Legal Description: . See attached Exhibit "t".
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Zip Code
Mailing Address Zip Code
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within
375 feet of the subject site is listed as follows:
Street.Address
None
Street Address
Street Address
Legal Description
Legal Description
Legal Description
01- 351
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
See attached Exhibit "I"
1395 Brickell Avenue, Miami, Florida
2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the
City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the
subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2
requires disclosure of shareholders of corporations, beneficiaries of trust, and/or any other interested parties,
together with their addresses and proportionate interest.
See attached Exhibit' 8".
3. Legal description and street address of any real property (a) owned by any party listed in answer to
question #2, and (b) located within 375 feet of the subject real property.
None
Owner or Attorney for Owner
Adrienne F. Pardo
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 0 day of fiQ g_,
2001 by Adrienne F. Pardo who is personally known to me or who has produced
as identification and who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commissi .------
Fi11C.{1:.'t ' k tib.: 5.�a�.
My Commi on AM ;z rr•-
NOTARYPURY _%TL'C'riA.DA
JKUMMMIK ?.7 17
. 01- 351
Exhibit 1
Estoril Incorporated owns:
Tract W of U.C.P. SUBDIVISION, according to the plat thereof as recorded in Plat Book
121, at Page 93 of the Public Records of Miami -Dade County, Florida.
and
Lots 1, 2 and the westerly 10.00 feet of Lot 3, of HIGHLEYMAN'S SUBDIVISION,
according to the plat thereof as recorded in Plat Book 1, at Page 184 of the Public
Records of Miami -Dade County, Florida. _
MIAMI/PARDOA/1016265/Is5101 !.DOG3/02/01
pi- 351
Exhibit 2 _
Disclosure of Ownership
ESTORIL INCORPORATED, a Florida corporation, is 100% owned by:
1. Euroatland Inc., a Florida corporation, which is 100 % owned. by:
2. E.S. Resources Ltd., a Bahamas corporation, which is 100% owned by.
3. E.S. International Holding S.A., a Luxembourg corporation, shares of which are
held by the pabl3c.
01- 351
brpartmrnf of Otnfp
I certify from the records of this office that ESTORIL INCORPORATED, is a
corporation organized under the laws of the State of Florida, filed on
September 20, 1995, effective September 19, 1995.
The document number of this corporation is P95000073016.
I further certify that said corporation has paid all fees due this office through
December 31, 2001, that its most recent annual report/uniform business report
was filed on February 7, 2001, and its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
CR2E022 (1-99)
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capitol, this the
Twenty-sixth day of February, 2001
Erirte �arri�
,$erretary of $tatr
01. 351
JL y�aa
Folio: 01-4139-042-0010
Use scroll bar to view complete information.
FOLIO NUMBER: 01-4139-042-0010
ADDRESS: 1309 BRICKELL AVE
MAILING ADDRESS:
ESTORIL INCORPORATED
1395 BRICKELL AVE 3RD FL
MIAMI FL
33131-3300
CLUC: 0066 EXTRA FEATURE OTHER THAN PARKING
PRIMARY ZONE: 6407 HIGH DENSITY MIX USE
BEDROOMS: 0
BATHS:0
FLOORS: 0
LIVING UNITS: 0
ADJ SQUARE FOOTAGE: 0
LOT SIZE: 73,579 SQ FT _
YEAR BUILT: 0
LEGAL DESCRIPTION:
UCPSUB
PB 121-93
TR A
LOT SIZE 1.69 AC
OR 16960-3014 1095 1
SALE O/R: 16960-3014
SALE MONTH: 10
SALE YEAR: 1995
SALE AMOUNT: $ 3,700,000
ASSESSMENT YEAR: 2000
LAND VALUE: $ 4,782,635
BUILDING VALUE: $ 6,819
MARKET VALUE: $.4,789,454
ASSESSED VALUE: $ 4,789,454
HOMESTEAD EXEMPTION: $ 0
WIDOW EXEMPTION: $ 0
TOTAL EXEMPTIONS: $ 0
TAXABLE VALUE: $ 4,789,454
ASSESSMENT YEAR: 1999
LAND VALUE: $ 4,230,793
BUILDING VALUE: $ 6,819
MARKET VALUE: $ 4,237,612
ASSESSED VALUE: $ 4,237,612
HOMESTEAD EXEMPTION: $ 0
WIDOW EXEMPTION: $ 0
TOTAL EXEMPTIONS: $ 0
TAXABLE VALUE: $ 4,237,612
taSc 1 u1/_
01- 351
../�'si�r�ap:dll?ATame=PublicAccess&Cmd=SearchFolio&Width=516&Height=270&Fo1i3/7/01
J-99-478 51985iir8,'n0 1._999 rjrr
6122J99
RESOLUTION NO.qJ
A RESOLUTION OF THE MIAMI CITY COMM=SSICN,
WITH ATTACHMENT(S), APPROVING WITH CONDI"_'=ONS,
A MAJOR USE SPECIAL PERMIT DEVELOPMENT.OR'DER,
PURSUANT TO ARTICLES ".3 AND 17 OF ZONING
ORDINANCE NO. 11000, FOR THE ESPIRITO SA.NTC
PLAZA PROJECT, TO BE LOCATED AT APPROXIMATELY
1395 BRICKELL AVENUE, MIAMI, FLORIDA., AND. TO
BE COMPRISED' OF UP TO APPROXIMATELY 437,601
SQUARE FEET OF -NONRESIDENTIAL USES, 14=
RESIDENTIAL UNITS, WITH ACCESSORY RETAIL Aiv''D
RECREATIONAL SPACE, AND APPROXIMATELY 1028
PARKING SPACES; DIRECTING TRANSMITTAL OF TIRE
HEREIN RESOLUTION; 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 7, 1999, E.S. Properties, Inc. (the
"APFI:IC=IVT'') , submitted a CCmpletA AJplicatj-n for Major Use
Special Permit for the Espirito Santo Plaza= rro;e==
"PROJECT") 0ursuaat to Arzicles 13 and 17 of Zor_ing :.%rdinanCe
.Kc. 11000, the Zoning Ordinance of the City of Miami, :'lorida, as
amended ("Zoning Ordinance No. 11000"), for the property located
at approximately 1395 Brickell Avenue, Miam_, Florida, as legally
described on "Exhibit Br', attached hereto and in ''Exhibit A", the
Development Order attached hereto;,and
WHEREAS, development of the PROJECT requires the issuance of
a Major Use Special Permit pursuant to Article 17 of Zoning
�l.&Iyreg.�meq► �
V%V7 d
C'II'8' COTMSSION
D3E�:3'IllTG OF `
JUN 2 2 T99
Aaolutioc Na �,� �;
V
O i - 3 51.:1.
REC.
Ordinance No. 11' and
WHEREAS, the Large Scale Dev,.lopment Committee met or,
December 7, 1998, to consider the proposed PROJECT and cf`--e_ ics
input; and
WHEREAS, the APPLICANT has mcdifieri the proposed PROJECT to
address the expressed technical concerns raised at said Large
Scale Development Committee meeting; and
W:-:EREAS, the Urban Develoomer_t Review Board met on P_tril 14,
1999, to consider the proposed PROJECT and recommender approval
of the PROJECT as presented; and
WHERF.P.S, the Miami Zoning Board, at its meeting held on
May 17, 1999, Item No. a, following an advertised public hearing,
adopted Resolution No. ZB 1999-0180 by a vote o= eight to zero
(8-0) , RECOMMENDING APPROVAL of the Special Exception component
of the Major Use Special Permit and in Item No. 5, following an
advertised public hearing, adopted Resolution No. ZD 1999-0181 by
a vote of eight to zero (8-0), RE' -"OM -MENDING APPROVAL of the
Variance component of the Malcr Use Special Permit; and
WHEREP.S, the Miami Planning Advisory Board, at its meeting
held on May 19, 1999, Item No. 2, following an advertised public
hearing, adopted'Resolution No. PAB 20-99 by a vote of six to one
(6-1), RECOMMENDING APPROVAL of the Major Use Special Permit
Development Order as attached hereto; and
WHEREAS, the City Commission_ deems it advisable and in the
best interest of the general welfare of the City of Miami to
issue a Major Use Special Permit Development Order as hereinafter
set forth;
01- 351
NOW, THEREF 'E, BE IT RESOLVED BY THE MISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and f findings cor_tai= ed in the
Preamble to this Resolution are hereby adcpted by ref=`nce
thereto and incor-orat_Q here r, as 1f fully set fort~ in r—his
Section.
Section 2. A Major Use Special Permit Development Order,
attached hereto as Exhibit "A" and made a part hereof, is hereby
approved subject to the conditions specified in said Development
Order, per Article 17 of Zoning Ordinance No. 11000 of the Zoning
Ordinance of the City of Miami, Florida, as amended ("Zoning
Ordinance No. 1100011) , for the Espirito Santo Plaza Project
("PROJECT") to be developed by E.S. Properties, Inc. (the
"APPLIC-Alq'11711) , at approximately 1395 Brickell Avenue, Miami,
Florida, more particularly described Cn "Exhibit B", attached
hereto and made a part hereof.
Sectier� 3. The PROTECT is hereby approved for the
construction of up to approximately 437,681 square feet of
nonresidential uses, 144 residential units, with accessory
recreational space and 1028 parking spaces. _
Section 4. The Major Use Special Permit Application for
the PROJECT also encompasses the lower ranking Special Permits as
set forth in the Development Order, attached as Exhibit "A"
hereto and incorporated herein.
Section_ S. The findings of fact set forth below are
3 -
01. 351
hereby made with spect to the subject PROD 'T:
a. The PROJECT is in conformity with the adopted Miami
Comprehensive Neiahborhocd Plan 1989-2000, as amended.
b. The PROJECT is in accord with the SD Zcninc
classification of Zoning Ordinance No. 11000.
C. Pursuant to Section 1305 of Zoning Ordir_ar_ce No. 11000,
the specific site play_ aspects of the PROJECT, ..e.,
ingress and egress, parking, signs and lige-ing,
utilities, drainage, preservation_ of natural features
and control of potentially adverse effects generally,
have been considered and ww'-1 be further considered
administratively during the process of issuing a
building permit and a certificate of occupancy.
d. The PROJECT is expected to cost approximately $106
million, and to employ approximately 336 workers during
construction (f'111 time employees); the PROJECT will
also result in the creation of approximately 32
permanent new jobs. The PROJECT will generate
approximately $Q million annually in tax revenues to
local units of government (of which approximately $1.4
million will cro to the City of Miami) (1999 dollars).
e. . The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the
01- 351
I
e( homy of the City of Miami
(2) tr_e PROJECT will effiCi ently use oub_ic
transportation facilities;
(3) any pctentiai ly adverse effects or the PROJECT
W417 be mitigated through compliance with the
conditions of this Major Use Special Permit;
(a) the PROSECT will favorably affect the reed for
people to find adequate housing re-sonably
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 of
Miami;
(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
(IO) any potentially adverse effects of the PROJECT
arising from safety and security, fire protection
and life safety, solid waste, heritage_
conservation, trees, shoreline development,
minority participation and employment, and
minority contractor/subcontractor participation
al- 35i
f'
1 be mitigated through -ompliance with the
cond_tions 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 7, 1999, and on f --'Le wi -:i the
Department of Planning of the City cf Miami, Florida, shall be
relied upon generally for administrative interpretations and is
made a part hereof by reference.
Section 8. This Major Use Special Permit will expire two
(2) -years from its effective date which is thirty (30) days after
the adoption of the herein Resolution.
Section 9. The City Manager is hereby directed to
instruct the Director of the Department of Planning -o transmit a
copy of this Resolution and attachments) to the developers:
E.S. Properties, Inc., 1395 Brickell Avenue, 9'`' Floor, Miami,
Florida 33131.
Section 10. The Findings of Fact and Conclusions of Law
are made with respect to the PROJECT as described. -.in the
Development Order for the Espirito Santo Plaza Project, which is
attached- hereto as Exhibit "A" and made a part hereof by
reference.
Section 11. The Major Use Special Permit Development
Order for. the Espirito Santo Plaza Project (Exhibit "A") is
BEC. 1 UU ILIu4J`t!_
EXHIBIT "P"
ATTACY-M=NT TO
RESOLUTION NO. 99-:67
DATE: Jure 22, 1999
ESPIRITO SANTO PLAZA PROJECT
MAJOR USE SPECIAL: PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 13 and 17 cf Ord-nance
No. 11000, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Zoning Ordinance No. 11000")', the Commission of the
City of Miami, Florida, has considered in a public hearing, the
issuance of a Major Use Special Permit for the Espirito Santo
Plaza Project (hereinafter referred to as the "PROjECT"), to be
A '
located at approximately 1395 Brickell Avenue,- Miami, Florida;
see legal description on "Exhibit B", attached hereto and made a
part hereof; said legal description being subject to any
dedications, limitations, restrictions, reservations or easements
of record.
After due consideration of the recommendations of the Planning
Advisory Board and after due consideration of the consistency of
this proposed development with the Miami Comprehensive
Neighborhood Plan, the City Commission has approved the PROJECT,
and subject to the following conditions approves the Major Use
01- 351
d. R
Special Permit ar hereby issues this Permit
F'TNr7Tvc=5; nT7 ^nr-T
PROJECT DESCRIPTION:
The proposed Espirito Santo Plaza Project is a mixed use
developmen- consisting of office and residential uses to be
located at approximately 1395 Brickell Avenue, Miami, Plcrida
("PROJECT"). The PROJECT is located on a gross lot area of
approximately 138,500 square feet and a r_e,�: lot area of
approximately 101.,568 square feet of land (more specifically
described on "Exhibit B", incorporated herein by reference). The
remainder of the PROJECT's VITAL DATA is attached hereto as
"EXHIBIT C", and incorporated herein by reference.
The proposed PROTECT will consist of approximately 437,681
square feet of nonresidential uses with 144 residential units in
a single 35 story tower adjacent to a 12 leve'_ parking structure
with the following accessory uses: ancillary retail and
restaurant space, bank offices and recreational space including a
swimming pool, a tennis court, and a health club. The PROJECT
will also provide a total of approximately 1028 parking spaces.
The' ownership, operation and maintenance of common_ areas and
facilities shall be by the property owner or (in the case of the
property being converted to condominiums) a mandatory property
owner association in perpetuity pursuant to a recorded
Declaration of ovenants and Restriction_
The Major Use Special Permit Application for the Espi_ito
Santo Plaza
Project also
encompasses, but
is not
exclusively
?imited to,
the following
lower ranking
Special
---nits and
variances:
CLASS I SPECIAL PERMIT as per Article 9, fer a Federal
Aviation Authority Clearance letter;
CLASS I SPECIAL PERMIT as per Article 9, Section 906.6, for
active recreational facilities (including a swimming pool) ;
CLASS I SPECIAL PERMIT as per Article 9, Section 917.1.2,
for Valet Service;
CLASS II SPECIAL PERMIT as per Article 9, Section 923, for
reduction in loading berth dimensions;
CLASS II SPECIAL PERMIT as per Article 6, Section 605.3, for
new construction in the SD -5 District;
CLASS II SPECIAL PERMIT as per Article 6, Section 605.5.2,
for outdoor service of food/drink/shelter in the SD -5
District;
CLASS II SPECIAL PERMIT as per Article 6, Section -605.11,
for signage in the SD -5 District;
CLASS II SPECIAL PERMIT as per Article 9, Section 908.2, for
access from a public street with widths greater than 25
feet;
SPECIAL EXCEPTION as per Article 6, Section 605.4.3(2), to
allow a Bar/Lounge open to the public within the SD -5
District; and
3 -
01- 351
VARIANCE for North side setback ('? 5 feet recu=red, } 0 fe==
provided), as per City of Miami Zoning Ordinance, Prycle 6,
Section 605.8.
Pursuant to Articles 13 and 17 cf Zoning Ordinance
No. 11000, the Zoning Ordinance of the City of miam.i, Florida, as
amended ( "Zoning Ord? nance No. 11000") , amcrovai of the req-uleszed
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 of Miami 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 Kohn
Pederson Fox Associates PC, dated April 1999; the landscape plan
Shall be implemented substantially in accordance with plans and
design schematics on file prepared by Architectural Alliance,
dated March 1999; said design and landscape plans may be
permitted to be modified only to the extent necessary to comply
with the conditions for approval imposed herein.; all
modifications shall be subject to the review and approval of the
Director of the Department of Planning prior to the issuance of
any building permits.
The PROJECT conforms to the requirements of the SD -5 Zoning
District, as contained in Zoning Ordinance No. 11000.
The existing comprehensive plan future land use designation
a - C/,�
01- 351
Ktc. I UU i LI U4JJ 1.
allows 'the pro- ,ed mix of commercial and sidentia=. uses .
rQ TTTnN
THE APPLICANT, ITS SUCCESSORS, AND/OR ASS=GNS, JO=V'TLY OF
SEVERALLY, PRIOR TO THE
ISSUPNCE OF ANY BL_LDTNG PEF,MIT S, S:�sF=r.
COMPLY WITH THE FOLLOWING:
1. Meet all applicable buildinc codes, land development
regulations, ordinances and other laws.
2. Pay all applicable fees due prior to the issuance of a
building permit.
3. Allow the Miami Police Department to conduct a security
survey, at the option of said Department, and to make
recommendations concerning security measures and systems;
and submit a report to the Department of Planning, prior to
commencement of construction, demonstrating how the Police
De-artment recemmendatiors, if any, have been incorporated
into the PROJECT security and construction plans, or
demonstrate to the Director of Planning why such
recommendations are impractical.
4. 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.
- 5 -
AM
01.. 351
REC. 1 UU ILIV4 JJ L
5. Provide a letter of assurance fr the Solid Waste
Department that the PROJECT has addressed all of said
Department's concerns.
6. Prepare a Minority Participation and EmzIcy-ment Plan
(including a Contractor/Subcontractor P. ar:. i c,pat-on_ Plat) tc
be submitted to the City of Miam_Is Director of Egaa_
Employment Opport,.znity for review and comments, with the
understar_d_na that the APPLICANT must use its best efforts
to Follow the City of Miami's Minority/Women Business
Affairs. and procurement requirements as set forth in Section
18-136 of the Code of the City of Miami, Florida, as
amended.
7. Record the following in the Public Records of Miami -Dade
County, Florida: (a) 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; and (b) 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.
8. Demonstrate to the City of Miami that the PROJECT has
either: (a) completed its condominium requirements and has
been approved for such by the State of Florida; or (b)
provided the City of Miami with an executed, recordable
unity of title or covenant in -lieu of unity of title
01- 351
agreement "'r the subject property su' 1cc to review by, and
in a form acceptable to, the City Attorney.
9. Provide the Department of Public Works with Flans fcr
proposed sidewalk and swale area improvements for its review
and approval prior to the issuance of a buildir_c permit.
10. Provide the Department of Planning with a temporary parking
plan which addresses construction employee parking during
the construction period, subject to the review and approval
by the Department of Planning prior to the issuance of any
building permits.
11. As may be required by the Departments of Fire -Rescue and
General Services Administration, the roof area of the
proposed structure shall be made available at no charge to
the City of Miami for any necessary communications
equipment.
12. The APPLICANT shall retain the services of an archeological
consultant who shall be responsible for conducting
archeological monitoring of all ground disturbing activity,
as well as the subsequent recovery of artifacts. Said
consultant shall work at the direction of the Miami -Dade
County Archeologist and shall provide reports to both that
office and to the City of Miami.
THE CITY OF MIAMI SHALL:
Establish the
effective date of
this Permit
as being
thirty (30) days
from the date of
its issuance
with the
issuance date constituting the commencement of the thirty
- 7 -
01. 351
nuu, i vv • +-• - r vv T
(30) day pe td to appeal from the prc 3ions cf the Permit.
rQN('T.TTcTONS ()T -T,AW
The Espirito Santo Plaza Project, proposed by the applicant,
E.S. Properties, Inc., ("APPLICANT"), complies wit the Miami
Comprehensive Neighborhood Plan 1989-2000, is consistent with the
orderly development and goals of the City of Miam-, and ccmplies
with local land development regulations and furt-her, pursuant to
Section_ 1703 of Zoning Ordinance No. 11000:
(1) the PROJECT will have a favorable impact on the economv
of the City of Miami; and
(2) the PROJECT will efficiently use public transpertation
facilities; and
(3) the PROJECT will favorably affect the need for people
to find adequate housing reasonably accessible to -their
places of employment; and
(4) the PROJECT will efficiently use necessary public
facilities; and
(5) the PROJECT will not negatively impact the environment
and natural resources of the City of Miami; and
(6) the PROJECT will not adversely affect public safety;
and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially, adverse effects of the PROJECT will be
8
01- 351
ntc. i vu I u U`tJJJ
miti- -,ed through conditions of zis Major Use Special
Permit.
The proposed development does not unreasonably interfere
with the achievement of the objectives of the adopted Stale Land
Development Plan applicable to the City of Miami.
Pursuant to Section 1305 of Zoning Ordinance No. 1=000, the
specific site plan aspects _cf the PROJECT i.e., incress and
egress, offstreet parking and loading, refuse and service areas,
signs and 1igihtin-g, utilities,. drainage and control of
potentially adverse effects generally have been considered and
will be further considered administratively during the process of
issuing individual building permits and certificates of
occupancy.
01- 351
o1F.18& 2—�J5TI ^
REC.
EXHIE317r "B"
Estoril Incorporated owns:
Tract W of U.C.P. SUBDNISiON, accordinci to the plat thereof as recorded in Plat Book
121, at Page 93 of the Public Records or Miarni-:Dade County, Florida.
and
E.S: Properties, Inc. owns:
Lots 1, 2 and the westerly 10.00 feet of Lot 3, of HiGHLEYMAN'S SUBDMSION, accordina
to the plat thereof 2s recorded in Plat Book 1, at Page 184 of the Public Records of Miami -
Dade County, Florida ,
MIAMVPARDOA/1016255ft 101!.00C+4I07M9
01- 351
REG.. i ObI ZPC4357
Zoning Distrtt:s
-1395 BricM11 Avenue Itidherni. Ficrida 33129 i
Site Dela
t w=o L Arra . ( t
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01-� 351
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01. 351
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. Page 3
1
01. 351
Page 4
x
hereby granted I issued.
Section 12. In the event that any portion cr section_ c --
this Resolution or the Development Order (Ex ib
determined to be invalid, illegal, or unconstitut,onal by a ccur-
or agency of competent ]urisdict7.on, such de--is-on shall in 'Inc
manner affect the remaining portions of this Resclution C--
Development
rDevelopment Order (Exhibit "A") which shall remain in full -force
and effect.
Section 13. This Resolution, shall become effective th-irty
(3 0) days after its adoption . 11
PASSED AND ADOPTED this 22nd day of June 19Q°
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-315, sint'n+he Mayo _iia of
this legislation by signing din the designated oiacs prouiaat. ss,
becomes effective with the elapse of tent (10) clay, rom the tate :rrmu- ; ::_
regarding same, without the Mayor exercisi a ta.
ATTEST : If/fi
Wafter .i fo n City Clerk
WALTER J. FOEMAN, CITY ERK
PPPROVED�FORM fdORRECTNESS
0 V VGELLO
TTORNEY
492: GMM:hdb:ESS
�i 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.
7 - C:f
f"ft� 111011!6
01
REC. 1 88 t 2FC4,j �
STATE OF FLORIDA ) RECORM0i W OFFICAL .4ECCROS SOCK
OF DAA COUNTY, FLORIDA.
R—CC40RO VE PED
COUNTY OF MIAMI -DARE )
HARVEY cu�couRr
CITY OF MIAMI )
I, WALTER J. FOEAIAN, City Clerk of the City of Miami, Florida, and keeper
of the records thereof, do hereby certify that the attached and foregoing pages numbered 1
through 21, inclusive constitute a true and correct copy of a resolution with attachment(s) passed
and adopted by"the City Commission at the meeting held on the 22"d day of June, 1999.
SAID RESOL U77ON WAS DESIGiVA TED AS RESOLUTION NO. 99-467
IN WITNESS WHEREOF, I hereunto set my hand and impress the official seal
of the City of Miami, Florida this 21'7 day of September, 1999.
LON
(OFFICIAL SEAL)
�1 Y • 0
a11.
7.
:-
r
WALTER J. FOEMAN
City Clerk
Miami, Florida
Deputy Clerk
01- 351
J-01-300
04/12/01
RESOLUTION NO. ;j l — 351
A RESOLUTION OF THE MIAMI CITY COMMISSION,
PURSUANT TO ARTICLES 17 AND 22 OF ZONING
ORDINANCE NO. 11000, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MODIFICATION TO
THE MAJOR USE SPECIAL PERMIT FOR THE ESPIRITO
SANTO PLAZA PROJECT, TO BE LOCATED AT
APPROXIMATELY 1395 BRICKELL AVENUE, MIAMI,
FLORIDA; APPROVED BY THE CITY COMMISSION ON
JUNE 22, 1999, PURSUANT TO RESOLUTION
NO. 99-467, TO MODIFY SAID DEVELOPMENT ORDER
BY DECREASING THE AMOUNT OF OFFICE SQUARE
FOOTAGE BY APPROXIMATELY 171,848, REDUCING THE
NUMBER OF RESIDENTIAL UNITS FROM 144
RESIDENTIAL UNITS TO 119 RESIDENTIAL UNITS (A
DECREASE OF 25 UNITS), AND ADDING 203 HOTEL
ROOMS, RETAINING ACCESSORY RETAIL AND
RECREATIONAL SPACE AND APPROXIMATELY 996
PARKING SPACES; DIRECTING TRANSMITTAL OF THE
HEREIN RESOLUTION; 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 January 30, 2001, E.S. Properties, Inc.,
"APPLICANT", submitted a letter requesting a nonsubstantial
modification to the previously approved Major Use Special Permit
for the Espirito Santo Plaza Project ("PROJECT") pursuant to
Articles 17 and 22 of Zoning Ordinance No. 11000 the Zoning
Ordinance of the City of Miami, Florida, as amended, (the "Zoning
i
ATTACHMENT
CONTAINED
MMING OF
APP 2 6 ?001
R"Oh, m Digo.
:Jl- 351
Ordinance No. 11000"); and
WHEREAS, on February 20, 2001, the Zoning Administrator of
the City of Miami determined that the requested modification to
the proposed development program constituted a substantial
modification to the previously approved Major Use Special Permit;
and
WHEREAS, on March 7, 2001, the APPLICANT submitted a revised
letter requesting a substantial modification to the Major Use
Special Permit Development Order for the Espirito Santo Plaza
Project; and
WHEREAS, pursuant to Article 17 of Zoning Ordinance
No. 11000, the proposed modification to the Major Use Special
Permit requires review by the Planning Advisory Board and the
City Commission; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
held on March 21, 2001, Item No. 3, following an advertised
public hearing, adopted Resolution No. PAB 26-01 by a vote of
seven to zero (7-0), RECOMMENDING APPROVAL of a substantial
modification to the previously approved Major Use Special Permit
Development Order; and
WHEREAS, the City Commission deems it advisable and in the
best interest of the general welfare of the City of Miami to
issue a Major Use Special Permit Development Order as hereinafter
set forth;
Page 2 of 8
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. The Major Use Special Permit Development
Order for the PROJECT to be developed by APPLICANT, at
approximately 1395 Brickell Avenue, Miami, Florida, attached
hereto as "Exhibit A" and made a part hereof, is amended to
reflect the requested modifications, subject to the remaining
conditions, as specified in said Development Order, remaining in
full force and effect.
Section 3. The modified PROJECT is approved for the
construction of up to approximately 213,021 square feet of retail
office use, 15,038 square feet of retail bank use, 21,543 square
feet of restaurant use, 1,101 square feet of retail use, 4,312
square feet of health club use, 119 residential units, and 203
hotel rooms, plus hotel lobby, restaurant, ballrooms, meeting
rooms and other hotel space, with accessory recreational space
and 996 parking spaces.
Section 4. The approved Major Use Special Permit for the
PROJECT also encompasses the lower ranking Special Permits as set
forth in the Development Order, attached as "Exhibit A" hereto
and incorporated herein.
Page 3 of 8
v- 351
Section 5. The findings of fact set forth below are
hereby made with respect to the modifications to subject PROJECT:
a. The modified PROJECT is in conformity with the
adopted Miami Comprehensive Neighborhood Plan
1989-2000, as amended.
b. The modified PROJECT is in accord with the SD -5
Zoning classification of Zoning Ordinance
No. 11000, the Zoning Ordinance of the City of
Miami, Florida, as amended.
C. Pursuant to Section 1305 of the Zoning Ordinance
of the City of Miami, Florida, the specific site
plan aspects of the PROJECT, i.e., ingress and
egress, parking, signs and lighting, utilities,
drainage, preservation of natural features and
control of potentially adverse effects generally,
have been considered and will be further
considered administratively during the process of
issuing a building permit and a certificate of
occupancy.
d. The PROJECT is expected to cost approximately $106
million, and to employ approximately 336 workers
during construction (Full -Time Employees); the
PROJECT will also result in the creation of
approximately 32 permanent new jobs. The PROJECT
will generate approximately $4 million annually in
Page 4 of 8
tax revenues to local units of government (of
which approximately $1.4 million will go to the
City of Miami) (1999 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on
the economy of the City;
(2) the PROJECT will efficiently use public
transportation facilities;
(3) any potentially adverse effects of the
PROJECT will be mitigated through compliance
with the conditions of this Major Use Special
Permit;
(4) the PROJECT will favorably affect the need
for people to find adequate housing
reasonably accessible to their places of
employment;
(5) the PROJECT will efficiently use necessary
public facilities;
(6) the PROJECT will not negatively impact the
environment and natural 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;
Page 5 of 8
.- 351
(9) based on the record presented and evidence
presented, the public welfare will be served
by the PROJECT; and
(10) any potentially adverse effects of the
PROJECT arising from safety and security,
fire protection and life safety, solid waste,
heritage conservation, trees, shoreline
development, minority participation and
employment, and minority
contractor/subcontractor participation 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 APPLICANTS and any successors
in interest.
Section 7. The application for Major Use Special Permit,
which was submitted on April 7, 1999, as amended, and which is on
file with the Department of Planning and Zoning of the City of
Miami, Florida, shall be relied upon generally for administrative
interpretations and is made a part hereof by reference.
Section 8. The City Manager is directed to instruct the
Director of the Department of Planning and Zoning to transmit a
copy of this Resolution and attachment to the developers: E.S.
Properties, Inc. 1395 Brickell Avenue, 91h Floor, Miami, FL 33131.
Page 6 of 8
01- 11151.
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, which is attached hereto as
"Exhibit A" and made a part hereof by reference.
Section 10. The Major Use Special Permit Development
Order for the Project ("Exhibit "A") is amended.
Section 11. In the event that any portion or section of
this Resolution or of the modified Development Order
("Exhibit A") 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 ("Exhibit A") 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 herein Resolution.
Section 13. This Major Use Special Permit, as approved,
shall expire two (2) years from its commencement and operative
date.
Section 14. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor."
1� 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.
Page 7 of 8
�1- 351
PASSED AND ADOPTED this 26th day of
April _, 2001.
JOE CAROLLO, MAYOR
In accordance with Miami Col,'e Soc. 2-'.16, since Mayor did not indicate approw9l of
'his 1,2,-�1afia3n by
in tha 0ac) said —:I
t)eA
corneG ef flactive with — C, .�n�10)daky Trorty ih.� date of
rdsin I eto
regardIng same, without ti Mayor e),e 16?fo—
ATTEST : WalWoeman, City Clerk
WALTER J. FOEMAN
CITY CLERK
APPROVE,R0"Ajf,t0 FSM AND CqaECTNESS:
lorARELLO
AV
PTO11MEY
00F WkxV,
5217:GMM:1dp:BSS:dd
Page 8 of 8 j1— "R51
"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
ESPIRITO SANTO PLAZA PROJECT
MAJOR USE SPECIAL PERMIT
MODIFIED DEVELOPMENT ORDER:"
Let it be known that pursuant to Articles 13 and 17 of Ordinance
No. 11000, the Zoning Ordinance of the City of Miami, Florida, as
amended, (the "Zoning Ordinance No. 11000") the Commission of the
City of Miami, Florida, has considered in a public hearing, the
issuance of a Major Use Special Permit for the Espirito Santo
Plaza Project (hereinafter referred to as the "PROJECT") to be
located at approximately 1395 Brickell Avenue, Miami, Florida, as
described on "Exhibit B" attached hereto.
After due consideration of the recommendations of the Planning
Advisory Board and after due consideration of the consistency of
this proposed development with the Miami Comprehensive
Neighborhood Plan, the City Commission has approved the PROJECT,
and subject to the following conditions approves the Major Use
Special Permit and issues this Permit:
�i Words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
Page 1 of 10 t — 3 15 1
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development consisting
of office and residential uses to be located at approximately
1395 Brickell Avenue, Miami, Florida. The PROJECT is located on
a gross lot area of approximately 138,500 square feet and a net
lot area of approximately 101,568 square feet of land (more
specifically described on "Exhibit B", incorporated herein by
reference). The remainder of the Project's Vital Data is
attached hereto as "EXHIBIT C", and incorporated herein by
reference, as amended by "EXHIBIT D", also attached hereto and
incorporated herein by reference.
The proposed PROJECT, as modified, will consist of approximately
437,681 sq4 ire feet Gf nanresidential uses with 144 213,021
square feet of retail office use, 15,038 square feet of retail
bank use, 21,543 square feet of restaurant use, 1,101 square feet
of retail use, 4,312 square feet of health club use, 119
residential units, and 203 hotel rooms, plus hotel lobby,
restaurant, ballrooms, meeting rooms, and other hotel space, in a
single 35 story tower adjacent to a twelve level parking
structure with the following accessory uses: ancillary retail and
restaurant space, bank offices and recreational space including a
swimming pool, a tennis court, and a health club. The PROJECT
will also provide a total of approximately 1028 parking spaces.
Page 2 of 10 —j
The ownership, operation and maintenance of common areas and
facilities will be by the property owner or (in the case of the
property being converted to condominiums) a mandatory property
owner association in perpetuity pursuant to a recorded
Declaration of Covenants and Restrictions.
The Major Use Special Permit Application for the PROJECT
also encompasses, but is not exclusively limited to, the
following lower ranking Special Permits and variances:
CLASS I SPECIAL PERMIT as per Article 9 of Zoning Ordinance
No. 11000, for a Federal Aviation Authority Clearance
letter;
CLASS I SPECIAL PERMIT as per Article 9, Section 906.6, of
Zoning Ordinance No. 11000 for active recreational
facilities (including a swimming pool);
CLASS I SPECIAL PERMIT as per Article 9, Section 917.1.2, of
Zoning Ordinance No. 11000 for Valet Service;
CLASS II SPECIAL PERMIT as per Article 9, Section 923, of
Zoning Ordinance No. 11000 for reduction in loading berth
dimensions;
CLASS II SPECIAL PERMIT as per Article 6, Section 605.3, of
Zoning Ordinance No. 11000, for new construction in the SD -5
District;
Page 3 of 10 01— 3 51
CLASS II SPECIAL PERMIT as per Article 6, Section 605.5.2,
of Zoning Ordinance No. 11000, for outdoor service of
food/drink/shelter in the SD -5 District;
CLASS II SPECIAL PERMIT as per Article 6, Section 605.11, of
Zoning Ordinance No. 11000, for signage in the SD -5
District;
CLASS II SPECIAL PERMIT as per Article 9, Section 908.2, of
Zoning Ordinance No. 11000, for access from a public street
with widths greater than 25 feet;
SPECIAL EXCEPTION as per Article 6, Section 605.4.3(2), of
Zoning Ordinance No. 11000 to allow a Bar/Lounge open to the
public within the SD -5 District; and
VARIANCE for North side setback (15 feet required, 10 feet
provided), as per City of Miami Zoning Ordinance No. 11000,
Article 6, Section 605.8.
Pursuant to Articles 13 and 17 of Zoning Ordinance
No. 11000, approval of the requested Major Use Special Permit
shall be considered sufficient for the subordinate permits
requested and referenced above as well as any other special
approvals required by the City which may be required to carry out
the requested plans.
The PROJECT shall be constructed substantially in accordance
with plans and design schematics on file prepared by Kohn
Pederson Fox Associates PC, dated April of 1999, as amended in
Page 4 of 10 J-- 11 5 1
January of 2001; the landscape plan shall be implemented
substantially in accordance with plans and design schematics on
file prepared by Architectural Alliance, dated March of 1999, as
amended in January of 2001; said design and landscape plans may
be permitted to be modified only to the extent necessary to
comply with the conditions for approval imposed herein; all
modifications shall be subject to the review and approval of the
Director of the Department of Planning and Zoning prior to the
issuance of any building permits.
The PROJECT conforms to the requirements of the SD -5 Zoning
District, as contained in Zoning Ordinance No. 11000.
The existing comprehensive plan future land use designation
allows the proposed mix of commercial and residential uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR
SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL
COMPLY WITH THE FOLLOWING:
1. Meet all applicable building codes, land development
regulations, ordinances and other laws.
2. Pay all applicable fees due prior to the issuance of a
building permit.
3. Prior to the issuance of a temporary or permanent Certificate
of Occupancy, allow the Miami Police Department to conduct a
security survey, at the option of the Department, and to make
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recommendations concerning security measures and systems;
further submit a report to the Department of Planning and
Zoning, 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 Director of Planning and Zoning why such
recommendations are impractical.
4. Prior to the issuance of a temporary or permanent Certificate
of Occupancy, provide a letter from the Department of Fire -
Rescue indicating E.S. Properties, Inc.'s (the "APPLICANT")
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.
5. Prior to the issuance of a temporary or permanent Certificate
of Occupancy, provide a letter of assurance or obtain approval
from the Department of Solid Waste that the PROJECT has
addressed all concerns of the said Department.
6. Prepare a Minority Participation and Employment Plan
(including a Contractor/Subcontractor Participation Plan) to
be submitted to the City's Administrator of Equal Opportunity
Diversity Programs for review and comments, with the
understanding that the APPLICANT must use its best efforts to
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follow the provisions of the City of Miami's Minority/Women
Business Affairs and Procurement as a guide.
7. Prior to the issuance of a temporary or permanent Certificate
of Occupancy, record the following in the Public Records of
Miami -Dade County, Florida: 1) 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; and 2) 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.
8. Prior to the issuance of a temporary or permanent Certificate
of Occupancy, demonstrate to the City that the PROJECT has
either: 1) completed its condominium requirements and has been
approved for such by the State of Florida; or 2) provide the
City with an executed, recordable 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.
9. Provide the Department of Public Works with plans for proposed
sidewalk and swale area improvements for their review and
approval prior to the issuance of a building permit.
10. Provide the Department of Planning and Zoning with a
temporary parking plan which addresses construction of
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employee parking during the construction period; said plan
shall be subject to review and approval by the Department of
Planning and Zoning prior to the issuance of any building
permits; and shall be enforced during construction activity.
11. Make available to the City, at no charge, pursuant to the
requirements of the Departments of Fire -Rescue and General
Administration, the roof area of the proposed structures for
any necessary communications equipment.
12. Retain the services of an archeological consultant who will
be responsible for conducting archeological monitoring of all
ground disturbing activity as well as the subsequent recovery
of artifacts. Said consultant shall work at the direction of
the Miami -Dade County Archeologist and shall provide reports
to both that office and to the City.
THE CITY SHALL:
Establish the operative date of this Permit as being
thirty (30) days from the date of its issuance; the issuance
date shall constitute the commencement of the thirty (30)
day period to appeal from the provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the
Miami Comprehensive Neighborhood Plan 1989-2000, is consistent
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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 Zoning Ordinance No. 11000:
(1) the PROJECT will have a favorable impact on the economy
of the City; and
(2) the PROJECT will efficiently use public transportation
facilities; and
(3) the PROJECT will favorably affect the need for people
to find adequate housing reasonably accessible to their
places of employment; and
(4) the PROJECT will efficiently use necessary public
facilities; and
(5) the PROJECT will not negatively impact the environment
and natural resources of the City; and
(6) the PROJECT will not adversely affect public safety;
and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be
mitigated through conditions of this Major Use Special
Permit.
The proposed development does not unreasonably interfere
with the achievement of the objectives of the adopted State Land
Development Plan applicable to the City of Miami.
Pursuant to Section 1305 of Zoning Ordinance No. 11000, the
specific site plan aspects of the PROJECT i.e., ingress and
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egress, offstreet parking and loading, refuse and service areas,
signs and lighting, utilities, drainage and control of
potentially adverse effects generally have been considered and
will be further considered administratively during the process of
issuing individual building permits and certificates of
occupancy.
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