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HomeMy WebLinkAboutR-01-0780r J-01-631 7/26/01 0 01- 780 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMEN'1: (S) , APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 1.1000, FOR THE BRICKELL BAY VILLAGE PROJECT, TO BE LOCATED AT APPROXIMATELY 2101.•-2105 BRICKELL AVENUE, MIAMI, FLORIDA, AND COMPRISED OF NOT MORE `THAN 359 UNITS, WITH ACCESSORY. RECREATIONAL USES AND 548 PARKING SPACES; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF' FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SHOVFI:ABILITY CLAUSI~I AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on Marsh 5, 1999, Coral Way Investments, Inc., ("APPLICANT"), submitted a complete App1.ication for Major Use Special Permit for the 131 r .ciccall Bay Village Project ( "PROJECT" ) pursuant to Articles 5, 13 and 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami., Florida, as amended (the "Zoning Ordinance No. 11000"), for the property located at approximately 2101-2105 Bricker' Avenue, Miami, Florida, as legally described on "Exhibit B", attached, and in "exhibit All, the Development Order, attached; and IATTACHMENT t5; CONTAINED cm cowelow MgQTOt JUL 2 6 2001 01- 780 • WHEREAS, development of the PROJECT requires the issuance of a Major Use Special Permit Development Order pursuant to Article 17 of Zoning Ordinance No. 11000; and WHEREAS, the Large Scale Development Committee met on November 12, 1998, to consider the proposed PROJECT and offer its input; and WHEREAS, the APPLICANT has modified the proposed PROJECT to address i:he expressed technical concerns raised at said Large Scale Development Committee meeting; and WHEREAS, the Urban Development Review Board met on December 7, 1998, to consider the proposed PROJECT and recommended approval of the PROJECT subject to complying with staff requirements concerning the landscape plan as it pertained to preservation or ,_.r-cn s along Bricke:ll. Avenue and other perimeter landscape issues; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on May 1.9, 1999, Item No. 1, following an advertised public hearing, adopted Resolution No. PAIS 21-•99 by a vote of seven to. one (7--1), RECOMMENDING DENIAL of the Major Use Special Permit Development Order; and WHEREAS, on November. 18, 1999, the APPLICANT submitted a modification to said MUSP applicacion; and 01-- 180 Page 2 of 11 WHEREAS, on December 3, 1999, the Zoning Administrator determined that said modification was substantial pursuant to Section 2215 of Zoning Ordinance No. 11000; and WHEREAS, on December 6, 1999, the Director of the Department of Planning and Zoning, pursuant to the determination by the Zoning Administrator, transmitted the proposed modification to the Planning Advisory Board for review and consideration pursuant to Sections 2215.4 and 1706 of Zoning Ordinance No. 11000; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on December -1.3, 1.999, Item No. 1., following an advertised public meeting, adopted Resolution No. IAB 60-99 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL of the proposed modification to the Majo.r. Use Spacial Permit Application for Development Approval; and WHEREAS, the City Commission at its meeting held December 14, 1999, adopted Resolution No. 99-961 approving, with conditions, a Major Use, Special Permit Development Order pursuant to Articles 5, 13 and 17 of Zoning Ordinance No. =1000, for the PROJECT, to be located at approximately 2101-2105 Rrickel.l Avenue, Miami, Florida, and to be comprised of not more than 359 units, with accessory recreational space and 51.0 parking spaces; and Page 3 of 11 WHEREAS, the approval by t:he City Commission, granted pursuant to Resolut�.on No. 99-961, on December 14, 1999, was appealed to the Appellate Division of Lhe Circuit Court in January, 2000; and WHEREAS, the Appellate Division. of the Circuit Court, in the case styled Atlantis on Brickell Condominium Association, Inc. et al vs. City o,: Mian. i arid Coral. Way Investments, Inc., Case Nos. 00-11AP and 00-12AP, issued an opinion on November 7, 2000, remanding the matter Lo the City; and WHEREAS, on January 25, 2001, the City Commission, pursuant to Motion No. 01-90, referred this matter back to the Planning Advisory Board to consider the proposed Mayor Use Special Permit Application by Coral Way Investment Inc. for residential development at 21.01.-21.05 Brickell Avenue (also known as Brickell Bay Village Project); and WHEREAS, the Miami. Planning Advisory Board, at its meeting held on February 21, 2001, Item No. 2, following an advertised public hearing, adopted Resol.utiori No. PAB 20-01 by a vote of four to two (4-2), RECOMMENDING APPROVAL of a substantial modification to a MaJor Ilse. Special Permit Development Order as attached Hereto, subject to the condition that the developer and opposing parties meet in good faith prior to City Commission approval; and Page: 4 of 11 WHEREAS, the City Commission at its meeting held on April 25, 2001, Item 1, following an advertised public hearing, moved to continue the item for a period of 30 days to allow the parties to seek an amicable resolution; and WHEREAS, the parties appeared at the City Commission meeting of May 24, 2001, and made a joint request to the City Commission. that the matter he further continued to the City Commission meeting of .July 26, 2001, and the City Commission approved the request; and WHEREAS, on June 20, 2001, the applicant modified the proposed project and submitted to the City a request for a modification to the Brickell Lay Village Major. Use Special Permit Application; WIIEREAS, on June. 20, 2001, the Zoning Administrator determined that said modification was substantial pursuant to Section 2215 of Zoning Ordinar.co No. 11000; and WHEREAS, on June 21, 2001, the Director of uhe Department of Planning and Zoning, pursuant to the determination of -he Zoning Administrator, transmitted the proposed modification to the Planning Advisory Board for review and consideration pursuant to Sections 2215.4 and 1706 of Zoning Ordinance No. 11000; and WHEREAS, the Planning Advisory Board at its meeting held on July 11, 2001, Item No. 1., following an advertised public 01- 7810 Page 5 of 11 hearing, adopted Resolution No. I AB 64-01 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL of the proposed modification to the Major Use Special Permit Application for Development Approval; 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; NOW, THEREFORE, BE IT RESOLVED 13Y THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A Major: Use Special Permit Development Order., attached and incorporated as "Exhibit A," is approved subject to the conditions specified in said Development Order, per Article 17 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the APPLICANT, at approximately 2101-2105 Brickell Avenue, Miami, Florida, more particularly described on "Exhibit S", attached and incorporated. Section 3. The PROJECT is approved for the construction of up to 359 residential units, with accessory recreational uses and 548 parking spaces. Page 6 of 11 01— 780 • 0 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 and incorporated as "Exhibit A Section 5. The findings of fac-I set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, as amended. b. The PROJECT is in accord with the R-4 Zoning classifications of Zoning Ordinance No. 11000. C. Pursuant to Section 1305 of Zoning Ordinance No. 11000, tree 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 i;j expected to cost. approximately $88 million, and to employ approximately 224 workers during construction (full time employees); the PROJECT will also result in the creation of approximately 10 permanent new jobs, The PROJECT will generate Page 7 of 11. 01- 780 approximately $5.4. million annually in tax revenues to local units of. government (of which approximately $696,364 will go to the City of Miami) (1999 'dollars) . e. The City Commission further finft that: (1) the PROJECT will have a favorable impact on the economy of the City of Miami; (2) the PROJP,C'I' will efficiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mi.tigated through compliance with the conditions of this Major Use Special Permit; (5) the PROJLC`.i' will favorably of f ect the need f or people to find adequate housing reasonably accessible to their places of employment; (5) the PROJECT will efficiently use necessary public faci.l.ities; (6) the PROJLCT will not negatively impact the environment and natural resources of the City; (7) the PROJECT will not adversely affect living conditions in the neighborhood; (6) the PROJECT will not adversely affect public safety; Page 8 of 11 o i— 780 • .0 (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 safet v, soIid 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 APPLICANT and any successors in interest. Section V. The application for Major Use Special Permit, which was submitted on March 5, 1999 (as amended on November 18, 1999), and fur.ther amended on June 20, 2001, and which is on file with the Depa_cment of Planning and Zoning of the City of Miami., Florida, shall be relied upon generally for administrative interpret at ions 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 attachments to the developers: Vicky Page 9 of 11 01- 780 Garcia -Toledo, Esquire, cn behalf of Coral Way Investment, Inc., and its successor in interest: I3ri.ckell Bay Village, LTD, 2500 First Union Financial Centex-, 200 South Biscayne Boulevard, Miami, Florida 333.31-2336. Section 9. The Findings of: fact and Conclusions of Law are made with respect to the PROJFC'T as described in the Development Order for the PROJECT, which is attached and incorporated as "Exhibit All. Section 10. The f•ajor Use Special Permit Development Order for the PROJE,C'1' ("Exhibi-t A") is granted and issued. Section 1.1.. In the event na'� any partion or section of this Resolution or the Development Order ("Exhibit A") is determined to be invalid, ii.legal, or unconstitutional by a courts or agency of compeUent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order ("Exhibit A") wrath 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. Page 10 of 11 o i — 1780 Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.i/ PASSED AND ADOPTED t --his 26th day of July 2001. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2.98, shoo the Mayor did not Indicate approval of this legislation by signing it In the designated place provided, Bald legislation np;v becomes effective with the elapse of to - (10) deya m the date of G3o elof) i0,1 ATTEST: regarding same, without the Mayor rciej v o. r • Qlty ale WALTER J. FOEM IN CITY CLERK _ APPROV20 A& TO 2CRM AND CORRECTNESS: VILARELLO C Y ATTORNEY 1 W549SIMM�1 ldp :BSS if the Mayor does not. sign this Resolution, it: shall become effective ac the end of ten calendar days from the date it was passed and adopt.:ed_ T1` the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 11 of 11 01— 780 0 0 "EXHIBIT A" ATTACHMENT TO RESOLUTION NO. DATE: BRICKELL SAY VILLAGE PROJECT MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be known tha.; pursuant to Articles 5, 1.3 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 Brickell Bay Village Project (hereinafter referred to as the "PROJECT") to be located at approximately 2101-2105 Brickell Avenue, Miami, 1.0lorida, as described on "Exhibit B", attached hereto. Afte1.- 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: Page 1 of 10 ��� 780 # 0 FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a residential development to be located at approximately 2101-2105 Brickell Avenue, Miami, Florida ("PROJECT"). The PROJECT is located on a gross lot area of approximately 4.668 acres and a riet lot area of approximately 3.271.3 acres of land (more specifically described on "Exhibit B", attached and incorporated). The remainder of the PROJECT's vital data, is attached and incorporated as "EXHIBIT C". The proposed PROJECT will consist of no more than 359 residential units in a single 36 story tower which consists of three (3) levels below ground parking with accessory recreational space and a lobby consisting of the following accessory uses: multi-purpose meeting/party rooms, rental office, ancillary retail space and a small business center; said recreational space includes a swimming pool, a whirlpool spa, a Bar-B-Que area and .landscaped areas for sunning as well as a fitness center with exercise room, :Lockers and sanitary facilities. The PROJECT will also provide a total of, 548 parking spaces. The ownership, operation and maintenance of common areas and facilities will be by the property owner_ or (in the case of Page 2 of 10 01— 780 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: 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 PRRMIT Lo permit staging and parking during construction (to be approved prior to obtaining a building permit from the Department of. Planning and Zoning); CLASS I SPECIAL PERMIT for Development Signs when combined with construction signs; CLASS II SPECIAL PERMIT as per Article 15, Section 1511, of Zoning Ordinance No. 11000 for development between Biscayne Bay and the first dedicated public right-of-way; CLASS II SPECIAL PERMIT as per Article 15, of Zoning Ordinance No. 11000 for conformity of landscaping guides and standards; CLASS II SPECIAL PERMIT as per Article 15, of Zoning Ordinance No. 11.000 for waiver of Parking guides and standards, as necessary; CLASS II SPECIAL PERMIT as per Article 9, Section 923, of Zoning Ordinance No. 11000 for reduction in loading berth dimensions; Page 3 of 10 Waiver from the City Commission for the following: 1. Noise Ordinance during the required concrete pours for construction of the building (City Code Chapter 36). 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 Bermello, Ajami.l & Partners, dated June 20, 2001; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Laura Llerena, dated February 1999, (as modified by plans on file dated November 1999, and further modified by plans dated June, 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 R-9 Zoning District, as contained in Zoning Ordinance No. 11000. Page 4 of 10 01— 178U The existing comprehensive pian future land use designation allows the proposed mix of commercial and residential uses. CONDI'T'IONS CORAL WAY INVESTMENTS, INC., ("APPL.T.CANT"), ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH 2112 FCLLOWING: 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. Allow the Miami Police Department to conduct a security survey, at the option of the Police Department, and to make 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. 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 t:he scope of the PROJECT, owner responsibility, building development process and review Page 5 of 10 o i— 780 g0 r A 0 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 shell permit, 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 follow the provisions of the City of Miami's ("City") Minority/women Business Affairs and Procurement Program as a guide. 7. Prior to the issuance of a shell permit, record the following in the Public Records of Miami -Dade County, Florida: 1) a Declaration of Covenants and Restrictions providing that the awner_shin, 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 shell permit, demonstrate to the City that the PROJECT has either: 1) completed its condominium requirements and has been approved for such by Page 6 of .10 01— 1w 78O 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. 9. Provide the Department of Public Works with plans for proposed sidewalk and swae area improvements for its review and approval prior to the issuance of a building permit. 10. Provide the Department o, Planning and Zoning with a temporary parking plan which addresses; (a) construction of emplaxee__ 1�arkinq and its compulsory use by APPLICANT'S employees during_ the construction period; (b) a mechanism for requiring APPLICANT'S_ employees to utilize the tempoparkin includiaq enforcement provisions and 2enalt-ies for violation chereof ; 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. 1].. Make available to the City, at no charge, pursuant to the requirements of the Departments of Fire -Rescue and General Service 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 ::or conducting archeological monitoring of all ground disturbing activity as well as the subsequent recovery of artifacts. Said consultant shall work at the Page 7 of 1.0 01- 780 80 direction of the Miami. -Dade County Archeologist and shall provide reports to both that office and to the City. 13. Submit a final revised landscape plan with all specifications for the review and approval of the Department- of Planning and Zoning prior to the issuance of a building permit; said plan shall address the concerns of the Department of Planning and Zoning and the Urban Development Review Board regarding Brickell Avenue. 14. Comply with the conditions of the Miami -Dade Shoreline Development Review Committee Resolution No. 99 -SDRC -2. 15. The two levels of parking visible above the lobby level shall be relocated, consolidated or combined in a manner to result in an additional .level below the lobby; such parking shall be screened with berms and landscaping so that the parking structure 9.s completely imperceptible from Brickell Avenue and the tower and lobby land at apparent grade level. In the final configuration, the ground floor of the lobby level shall not be located higher than an elevation of NGVD 34 feet. Such parking modification, if completely burred and landscaped from view, may be widened to consolidate the provided parking onto three levels (versus four levels provided); such structure may be widened to a width not to exceed 280 feet, and shall be centered on the property. 16. The depicted entry canopy shall be redesigned to more appropriately reflect- the architecture of the residential tower; final design, including material and color Page 8 of 10 01- 780 0 0 selection, shall be submitted for review and approval by the Director of the Department of Planning and Zoning. THE CITY SHALL: Establish the operative date of this Permit as being thirty (30) days fro►n the date of its issuance; the issuance date shall constitute L'he commencement of the thirty (30) day period within which 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 with the orderly development and goals of the City of Miami, and complies with local lard development regulations and further, pursuant to Section 3.703 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 Page 9 0= 10 01, 780 (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 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 ©1.-- 780 Brickell Bay Village History: 1. On March 5, 1999, Coral Way Investments, Inc., ("APPLICANT"), submitted a complete Application for Major Use Special Permit; for the Brickell Bay Village Project ("PROJECT") PLI.rsuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami., Florida, as amended ("Zoning Ordinance No. '1000";, for the property located at approximately 2101-2105 Brickell Avenue, Miami, Florida. The requested Major Use Special Permit was for the purpose of allowing a Residential Planned Unit Development project r_onsisting of 421 units and accessory recreational uses with 632 parking spaces. 2. The Miami Planning Advisory Board, at its meeting held on May, 19, 1999, Iter„ No. 1, following an advertised public hearing, adopted Resolution No. PAB 21-99 by a vote of seven to one (7-1), RECOMMENDING DENIAL of the Major Use Special Permit Development: Order as attached hereto; and 3. On November 1.8, 1999, the applicant Coral Way Investments, Inc., submitted a modification to said MUSP application. 4. On December 3, 1999, the Zoning Administrator determined that said modification was substantial pursuant to Section 2215 of. Zoning Ordinance 11000, as amended. S. On December 6, 1999, the Director of Planning and Zoning, pursuant to the detiermination by the Zoning Administrator, transmitted the proposed modification to the Planning Advisory Board for review and consideration pursuant to Sections 2215.4 and 1706 of Zoning Ordinance 11000, as amended. 6. The Miami Planning Advisory Board, at its meeting held on December 13, 1999, Item No. 1, following an advertised public meeting, adopted Resolution No. PAB 60-99 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL of the PROPOSED MODIFICATION to the Major Use Special Permit Application for Development Approval, Page l of 3 01- 780 80 • 9 7. The City Commission, adopted at its meeting held December 14, 1_999, adopted Resolution No. 99-961 approving, with conditions, a Major Use Special Permit Development Order pursuant to Articles 5, 13 and 17 of Zoning Ordinance No. 11000, for the Brickell Bay Village Project; to be located at approximately 2101- 2105 Brickell Avenue, Miami, Florida, to be comprised of riot more than 359 units, with accessory recreational space and 510 parking spaces. 8. The approval. by the City Commission, granted pursuant to Resolution No. 99-961, on December 14, 1999, was appealed to the Appellate Division of the Circuit Court in January of the year 2000. 9. The Appellate Division of Circuit Court in the case styled Atlantis on Brickell Condominium Association, Inc. et al vs. City of Miami and Coral Way Investments, Inc., Case Nos. 00-11AP and 00-12AP, issued an o_uini.on in November of 2000, remanding the matter back to the City. 10. On January 25, 2001, the Citv Commission, pursuant to Motion No.01-90, referred this matter back to the Planning Advisory 1.3card to consider the proposed Major Use Special Permit by Coral Way Investment Inc. for residential development at 23.01-2105 Brickell Avenue (aka Brickell Bay Village Project). The Planning Advisory Board at its meeting held on February 2.1, 2001, Item No.2, following an advertised public hearing, adopted Resolution No. PAB 20-01 by a vote of four to two (4-2) , RECOMMENDING APPROVAL of a substantial modification to a Major Use Special Permit Development Order. 12. The City Commission, at its meeting held April 25, 2001, following an advertised public hearing continued the matter for 30 days with instructions that the parties seek an amicable resolution. 13. The City Commission, at its meeting held on May 24, 2001, at the joint request of the parties, continued the matter to July 26, 2001. 14. On June 20, 2001, the applicant submitted a modification to said MUSP application. Page 2 of 3 01— 780 15. The Planning Advisory Board, at its meeting of July 11, 2001, following an advertised public hearing adopted Resolution No. PAB 64-01 by a vote of seven to zero(7-0), RECOMMENDTNG APPROVAL of the proposed substantial modification dated June 20, 2001 to the Major Use Special Permit Application for Development Approval. 16. The matter is scheduled to be heard by the City Commission meeting, at a duly advertised public hearing on July 26, 2001. Page 3 of 3 01— 118 0 0 r PZ -25 PLANNING FACT SHEET APPLICANT Ms. Vicky Garcia Toledo, Esq, for Coral Way Investments, Inc. HEARING DATE July 11, 2001 REQUEST/LOCATION Modification to a Major Use Special Permit application for the Brickell Bay Village Apartments Project located at approximately 2101-2105 Bricked 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 Brickell Bay Village Project, located at approximately 2101-2105 Brickell Avenue, in order to modify the development program and amend the design of the project currently pending before the City of Miami City Commission; the new proposal will consist of 359 residential units with accessory recreational space and 548 parking spaces. PLANNING Approval with conditions. RECOMMENDATION BACKGROUND AND Please see affached analysis. ANALYSIS PLANNING ADVISORY BOARD Approval with conditions VOTE:. 7-0 CITY COMMISSION N/A APPLICATION NUMBER 2001-041 Item *1 CITY OF MIAMI a PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR 4 MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 01- -780 • 0 ANALYSIS FOR AMENDMENT TO MAJOR USE SPECIAL PERMIT APPLICATION Brickell Bay Village CASE NO: 2001-041 The requested amendment to a Major Use Special Permit application is for the purpose of allowing a series of modifications to a Residential Planned Unit Development project for the property located at approximately 2101-2105 Brickell Avenue within the Coral Way NET Area. The original Major Use Special Permit application requested approval of 421 units and accessory recreational uses with 632 parking spaces. The requested modification is now proposing 359 units with 548 parking spaces. 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 whether the proposed changes meet the same requirements, the Planning Department has made the following findings: • It is found that the proposed residential development project will benefit the City by creating new housing opportunities for residents and employees of the area. • It is found that the project was reviewed by the Large Scale Development Committee on November 12, 1998 and has modified the proposed project to address the expressed technical concerns raised at said Large Scale Development Committee meeting; however, additional design details related to sidewalk and swale area improvements will have to be submitted at the time of permitting. • It is found that the applicant should submit a parking plan for construction employees while the new building is under construction; said parking plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits. • It is found that the project was reviewed and approved (with conditions) by the Miami -Dade Shoreline Development Review Committee on January 28, 1999 under Resolution 99 -SDRC -2 (see attached). • It is found that the DDRB has recommended approval of the proposed project pursuant to a public meeting held on December 7, 1998 subject to complying with staff requirements concerning the landscape plan as it pertained to preservation of trees along Brickell Avenue and other perimeter landscape issues, • It is found that staff design review of the modified plans (dated June 20, 2001) resulted in a finding that the modified plans are architecturally a marked improvement from the original submittal; the only concerns that remain relate to the visible parking depicted above the lobby level and the incompatible design of the front canopy with this new tower proposal; these concerns are addressed in the conditions below. • It is found that per the Fire and GSA Departments of the City, the roof of the proposed structure may be required for communications equipment to serve the City; this are should be made available for said use at no charge to the City. • It is found that the City of Miami Preservation Officer reviewed the project and that a recommendation was made that archeological monitoring be conducted in the manner set forth in the condition described below. • 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 Residential Planned Unit Development Project with the following conditions: 1. The approval of this Major Use Special Permit shall be subject to the recordation of the following documents prior to the issuance of any building permits for the proposed project: a. Unity of Title or covenant in lieu thereof 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 or completion of the State of Florida condominium process which assures the same compliance. b. Development Order specifying that the Development Order runs with the land and is binding on the Applicant, it successors and assigns, jointly or severally. 2. Pursuant to the Department of Public Works, the property requires plans for proposed sidewalk and Swale area improvements prior to the issuance of a building permit. 3. Pursuant to the Fire and GSA Departments, the roof area of the proposed structure shall be made available to the City of Miami for any necessary communications equipment at no charge to the City. 4. Submittal of a parking plan for construction employees while the new building is under construction; said parking plan shall be subject to review and approval by the Planning Department prior to the issuance of any building permits. 2 f 5. The applicant shall 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 artifact. Said consultant shall work at the direction of the Dade County Archeologist and shall provide reports to both that office and to the City. 6. The applicant shall submit a final revised landscape plan with all specifications for the review and approval of the Planning Department prior to the issuance of a building permit; said plan shall address the concerns of the Planning Department and the UDRB regarding Brickell Avenue. 7. The applicant shall comply with the conditions of the Miami -Dade Shoreline Development Review Committee Resolution No. 99 -SDRC -2. I 8. Pursuant to design review conducted on the plans dated June 20, 2001, the following conditions shall be met prior to the issuance of a building permit: i a. The 2 levels of parking visible above the lobby !level shall be relocated, consolidated or combined in a manner to result in an additional level below the lobby; such parking shall be screened with berms and landscaping so that the parking structure is completely imperceptible from Brickell Avenue and the tower and lobby land at apparent grade level. In the final configuration, the ground floor of the lobby level shall not be located higher than an elevation of NGVD 34 feet. Such parking modification, if completely burmed and landscaped from view, may be widened in order to consolidate the provided parking onto 3 levels (vs. 4 levels provided); such structure may be widened to a width not to exceed 180 feet, and shall be centered on the property. b. The depicted entry canopy shall be redesigned to more appropriately reflect the architecture of the residential tower; final design, including material and color selection, shall be submitted for review and approval by the Director of the Planning and Zoning Department. I 9. This approval shall also be subject to all additional conditions as specified in the attached Development Order. i i 3 � i ISO I I ! i ■ i RESOLUTION PAB -64-01 A RESOLUTION RECOMMENDING APPROVAL WIM CONDITIONS AS SPECIFIED BY STAFF, OF A CONSIDERATION OF APPROVING A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT APPLICATION FOR THE BRICKELL BAY VILLAGE PROJECT, LOCATED AT APPROXIMATELY 2101-2105 BRICK -ELL AVENUE, IN ORDER TO MODIFY THE DEVELOPMENT PROGRAM AND AMEND THE DESIGN OF THE PROJECT CURRENTLY PENDING BEFORE THE CITY OF MIAMI CITY COMMISSION; THE NEW PROPOSAL WILL CONSIST OF 359 RESIDENTIAL UNITS WITH ACCESSORY RECREATION SPACE AND 548 PARKING SPACES, SUBJECT TO COMPLIANCE WITH LOADING REQUIREMENTS IF NECESSARY. i HEARING DATE: July 11, 2001 ITEM NO. 1 VOTE: 7-0 ATTEST: Aff"ela6fAanc1f6z, Director Planning and Zoning Deparunent 01. 780 • Brickell Bay Village History: • 1. On March 5, 1999, Coral Way Investments, Inc., ("APPLICANT"), submitted a complete Application for Major Use Special Permit for the Brickell Bay Village Project ("PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended ("Zoning Ordinance No. 11000"), for the property located at approximately 2101- 2105 Brickell Avenue, Miami, Florida The requested Major Use Special Permit was for the purpose of allowing a Residential Planned Unit Development project consisting of 421 units and accessory recreational uses with 632 parking spaces. 2. The Miami Planning Advisory Board, at its meeting held on May 19, 1999, Item No. 1, following an advertised public hearing, adopted Resolution No. PAB 21-99 by a vote of seven to one (7-1), RECOMMENDING DENIAL of the Major Use Special Permit Development Order as attached hereto; and 3. On November IS, 1999, the applicant Coral Way Investments, Inc., subnutted a modification to said MUSP application. 4. On December 3, 1999, the Zoning Administrator determined that said modification was substantial pursuant to Section 2215 of Zoning Ordinance 11000, as amended. 5. On December 6, 1999, the Director of Planning and Zoning, pursuant to the determination by the Zoning Administrator, transmitted the proposed modification to the Planning Advisory Board for review and consideration pursuant to Sections 2215.4 and 1706 of Zoning Ordinance 11000, as amended. 6. The Miami Planning Advisory Board, at its meeting held on December 13, 1999, Item No. 1, following an advertised public meeting, adopted Resolution No. PAB 60-99 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL of the PROPOSED MODIFICATION to the Major Use Special Permit Application for Development Approval 7. The City Commission, adopted at its meeting held December 14, 1999, adopted Resolution No. 99-961 approving, with conditions, a Major Use Special Permit Development Order pursuant to Articles 5, 13 and 17 of Zoning Ordinance No. 11000, for the Brickell Bay Village Project; to be located at approximately 2101- 2105 Brickell Avenue, Miami, Florida, to be comprised of not more than 359 units, with accessory recreational space and 510 parking spaces. 8. The approval by the City Commission, granted pursuant to Resolution No. 99- 961, on December 14, 1999, was appealed to the Appellate Division of the Circuit Court in January of the year 2000. �� 780 0 • 9. The Appellate Division of Circuit Court in the case styled Atlantis on Brickell Condominium Association, Inc. et at vs. City of Miami and Coral Way Investments, Inc., Case Nos. 00-11AP and 00-12AP, issued an opinion in November of 2000, remanding the matter back to the city. 10. On January 25, 2001, the City Commission, pursuant to Motion No.01-90, referred this matter back to the Planning Advisory Board to consider the proposed Major Use Special Permit by Coral Way Investment Inc. for residential development at 2101-2105 Brickell Avenue (aka Brickell Bay Village Project). 11. The Planning Advisory Board at its meeting held on February 21, 2001, Item No.2, following an advertised public hearing, adopted Resolution No. PAB 20-01 by a vote of four to two (4-2), RECOMMENDING APPROVAL of a substantial modification to a Major Use Special Permit Development Order. 12. The City Commission, at its meeting held April 25, 2001, following an advertised public hearing continued the matter for 30 days with instructions that the parties seek an amicable resolution. 13. The City Commission, at its meeting held on May 24, 2001, at the joint request of the parties, continued the matter to July 26, 2001. 14. On June 20, 2001, the applicant submitted a modification to said MUSP application. 15. The Planning Advisory Board, at its meeting of July 11, 2001, following an advertised public hearing adopted Resolution No. PAB _-O 1 by a vote of to ( ), RECOMMENDING APPROVAL of the proposed substantial modification dated June 20, 2001 to the Major Use Special Permit Application for Development Approval. 16. The matter is scheduled to be heard by the City Commission meeting, at a duly advertised public hearing on July 26, 2001. Distribution Below J �)N labec-? the Director Planning ani Zoning Department 1T> C= _ INTER-OFFICE VE^'^QANDUM June 21, 2001 Modifications for: Brickell Bay Village MUSP Application Pursuant to the attached memorandum from Juan Gonzalez, dated June 20, 2001, and Section 2215 of Zoning Ordinance 11000, it is hereby determined that the proposed moJ ifications to the Brickell Bay Village Major Use Special Permit application is a substantial modification to the pending application as submitted and reviewed. The changes described in the attached letter from A. Vicky Garcia -Toledo, on behalf of the applicant, dated June 20, 2001, constitute a substantial modification in that there is a footprint move of more than 10 feet and an increase in height of more than 5%. Pursuant to Section 2215.4 and 1706 of Zoning Ordinance 11000, this modification requires that the project to reviewed in order to determine whether the changes would meet the same requirements as for the pending application. This review requires that a statement be transmitted to the Planning Advisory Board. A meeting of the board has been called July 11, 2001 in order to transmit said statement and get a recommendation from the Planning Advisory Board for transmittal on the City Commission. Attachments Distribution with attachments: Lourdes Slazyk, Assistant Director Planning and Zoning Department Hector Lima, Director Building Department Juan Gonzalez, Acting Zoning Administrator Planning and Zoning Department Teresita L. Fernandez, Chief Office of Hearing Boards A. Vicky Garcia -Toledo, Esq. Attorney for applicant Brickell Bay Village Major Use Special Permit File 01." 78() Lourdes Slazyk, June 20, 2001 ssistant Director 1 ening and Zoning Department Determination of a substantial change In a Major Use Special Permit i/ Application for an `Gonzalez, 2101-2105 Brickell Avenue Acting Zoning Adminis or Brickell Bay Village /'`Planning and Zoning De a t Pursuant to a request from Vicky Garcia -Toledo, of the Law Firm of Bilzin Sumberg et al, representing Brickeil Bay Village, concerning a determination of a change to a Major Use Special Permit application, please be advised of the following. The change constitutes a substantial change, in my opinion, because the footprint of the building moved more than ten (10) feet and the height of the building was increased by more than five (5%) percent. The applicant is proposing a change to the application for a Major Use Special Permit as follows. A. Proiect fea'Calculations Zoning District R-4 R. Project Data Comparison Pendine Proposed Difference MUSP Revisions Aoalication C. Site Data Gross Lot Area 203,336 S.F. 203,336 S.F. 0 Net Lot Area 142,498 S.F. 142,498 S.F. 0 D. Building Footprint Tower Footprint 18,860 S.F. 14,400 S.F. -4,460 S.F. East To West length 307 Ft. 160 Ft. -147 Ft. North to South width 65 Ft. 90 Ft. x•25 Ft. Podium Footprint 26,773 S.F. 30,363 S.F. +3,590 S.F, East West length 252'-6" 252'-6" 0 North South width 145'-3" 120'-3" +15'-0" E. Floor Area (Max. 419,685 S.F.) 399,511 S.F. 419,685 S.F. +20,174 S,F. F. Green Space (Min. 30,486) 33,163 S.F. 33,163 S.F. 0 01-- 780 Lourdes Slazylc • • June 20, 2001 Page 2 of 3 Pendine Proposed Difference MUSP Revisions Agglic�at'o_n G. Building Heiaht Podium 36'-1" 36'-1" 0 Roof Slab 235'-9" 323'-5" +87'-8" Top of Parapet 259'-9" 347'-5" +87'.8" H. Building Setbacks Tower Setbacks Brickell Avenue 128'-0" 201'-10" +73'-10" Biscayne Bay 276'-8" 350'-6" +73'10" North 66'-1" 551-0" South 67'-8" 55'-0 Podium Setbacks Brickell Avenue 155'-4" 15514" 0 Biscayne Bay 304'-6" 304'-6" 0 North 70'-0" 55'-01, -15'-0" South 25'-5" 25'-5" 0 Visual Corridor 70 Ft. (40ft.min.) 55 Ft. (40ft.min.) -15 Ft.. I. Parking 510 546 (min) +36 1 space/1 bedroom 270 (270 units) 208 (208 units) 2 spaces/ 2+3 bedroom 178 (89 units) 302 (151 units) Visitors 1 space/10 units 36 (359 units) 36 (359 units) Loading Berths Berths 12' x 55 x 15h 3 3 12' x 20 x 12h 2 2 Handicap Spaces Required 11 Provided 11 Section 2215.1 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. Lourdes Slazyk • June 20, 2001 Page 3 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. JCG: tc Cc: Ana Gelabert-Sanchez, Director Planning and Zoning Department Zoning file 01- 780 BILZIN SUMBERG DuNN BAENA PRICE & AXELROD LLP A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 2800 FIRST UNION FINANCIAL CENTER 200 SOUTH SISCAYNE BOULEVARO • MIAMI, FLORIDA 33131-2336 TELEPHONE; (305) 374-7880 • FAX: (303) 374-71693 E-MAIL: INFOODILZIN,COM • WWW.BILZIN.COM BROWARD: (954) 356-0030 _ Vicky Garcia -Toledo, P.A. Direct Dial: (3,9S) 350-2409 E -Mail. vleivaCabilzin.con) June 20, 2001 Ana Gelabert-Sanchez Director, Planning Department City of Miami 444 S.W. 2 Avenue, Third Floor Miami, Florida 33130 Re; Brickell Bay Village Dear Ms. Gelabert-Sanchez: The purpose of this letter is to submit to you a request for modifications to the Brickell Bay Village Major Use Special Permit currently pending before the City. Pursuant to Chapter 17 and Section 2215 of the City of Miami Zoning Ordinance 11,000 as amended, we would request that your department, through the Zoning Administrator, review and approve the attached proposed modifications to the Major Use Special Permit Application, Please note that the proposed modifications to the Major. Use Special Permit represents a movement of the footprint of the building by more than 10 ft.; and the height of the building has been increased by more than 5% of the previously approved height. The length of the tower, on it east to west axis, has been decreased from 307 ft. to 160 ft., a reduction of 147 feet. The width of the tower has been increased by 25 feet (from 65 ft. to 90 ft.) and as a result the podium was widened to support the increase in width of the tower by an additional 15 feet. We are forwarding for your reviewihe rev19LApens which include in the legend, the 173301\116904507131 vi _ 4127101 01— '! 8 0 BIL21N SU mmenG DUNN BA• PRE ICE & AXLROD LLP • Ana Gelabert-Sanchez Page 2 June 5, 2001 original calculations and the proposed revisions in a comparison chart entitled Project Analysis for a Substantial Modification. Enclosed you will. find a check for fees in the amount of $3,000.00 payable to the City of Miami. Should you require any additional information, please do not hesitate to call. Sincerely, Vic arcia-Toledo VGT/em Encl. 17330111169016507131 v1 4127101 }i y) 1 Y fi LB ickellBay Yillage ProjecfAnalysis fora Susta�nfial Modification Approved MUSP Modified Design Difference Net Lot Area 142,498 sf 142,498 sf 0 Gross Lot Area 203,336 sf 203,336 sf 0 F.A.R. Provided 399,511 sf 419,685 sf +20,174 sf (max. 419,685 sf) Parking Spaces 510 (min. 484) $46 (min. required) +36 Residential 1 space / 1 -bedroom 270 (270 units) 208 (208 units) 2 spaces / 23:3-bedroorns 178 (89 units) 302 (151 units) Vis'tors 1 space /10 units 36 (359 units) 36 (359 units) Building Heisht Podium 36'-1" 36'-1" 0 Roof Slab 235'-9" 323'-5" +87'-8" Top of Parapet 259'-9" 347'-5" +87'-8" Tower Setbacks Brickell Avenue 128'-0" 201'-10" +73'-10" Biscayne Bay 276'-8" 350'-6" +73'-10" North 66'4" 55'-0" South 67'-8" 55'-0" -12'-8" Podium Setbacks Brickell Avenue 155'-4" 155'-4" 0 Biscayne Bay 304'-6" 304'-6" 0 North 70'-0" 55'•0" -15'-0" South 25'-5" 25'-5" 0 Basement Setbacks Brickell Avenue 69'-2" 69'-2" 0 Biscayne Bay 164'-6" 164'-6" 0 North 10'-0" 10'-0" 0 South 10'-011 10'-0" 0 Tower Footprint 18,860 sf 14,400 sf -4,460 sf East-West Length 307 ft 160 ft -147 ft North-South Width 65 ft 90 ft +25 ft Podium Footprint 26,773 sf 30,363 sf +3,590 sf East-West Length 252'-6" 252'-6" 0 North-South Width 105'-3" 12.0'-3" +15'4" Basement Foo rint 79,532 sf 79,532 sf 0 East-West Length 478'-10" 478'-10" 0 North-South Width 180'-0" 180'-0" 0 Number of Units 359 (490 max.) 359 (490 max.) 0 1 -Bedroom 270 208 -62 2 -Bedroom 79 127 +48 3 -Bedroom 10 24 +14 Green Space 33,163 sf 33,163 sf 0 (30,486 nun.) 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NP4...-_.Zr T:- ------- +iis � ar i b Ix, yj A v n i s ° i sem/ at o • u i 1! � i n K i 36 Mr i — _-----A-- � t i — o CKELL BAY VILLAGE FAXKM sto ra an WJAZ V ■ agar ggpp 11TF�111C1b:JWf nti'EAONrtw�oE1Eln t O� s• z HANDICAP SIGN IN6N 41•Df. i E--PAILIN coe.caro rwm" 7771 � [4. is I' 'r 4 1 4 �! co 4 - co 4•- ' 4' b4 r r o { � ir-o, TYPICAL STALL TYPICAL HANDICAP STALL 11TF�111C1b:JWf nti'EAONrtw�oE1Eln t O� BRICKELL BAY VILLAGE PAMUM STAIMOMs i DUAU scab Ors Mkr.MTcac."*Usu fucEliiOYNKEfOR1 AOESNE r s• z S RAo�IO IN6N 41•Df. -.._ coe.caro rwm" • b4 r r o { � PAY[M.79MLT�MAfi - ss' __ PAVUVASM ti WIffAOE nolaE�ioO<MUE .MPAEIF(T [E q'e" ^ f e�•b;A .. - - : ANo LIWEMO MAW /" KET<'1,PAMIC4T DnALCO"Roma ak �4 , • KTA.ON WLAMO EOIAcma SUROM ! aim ,••_,.�._�A....o-::�..:,a6l-n-i- ,,,.1• . fLN.AC,m51lCIIAOE BRICKELL BAY VILLAGE PAMUM STAIMOMs i DUAU scab Ors Mkr.MTcac."*Usu fucEliiOYNKEfOR1 AOESNE r ® BRICKELL BAY VILLAGE •�� � l�i.�1 baa c�].`."i 1�,�► 12Q 1��ii�'"..r �� �w ti � ` � I t IlAift r R 1 a j • r - r{'� ill i:'ttl� I� I 1 0; ism ��E i�• ➢¢I to C � � jj l ` 1362.5 S Li I rq, ® BRICKEII BAY VILLAGE 0 TTPCft arcs FLOMS 11.30 $CALF. r • SW MGM" u.tn— —mammamamma 1.22 IB N� w::::n unewermoo--mams Exiles /..■■-- J..■tt ■.aa■ ill Roll Mason I Is mat..— —=/.t■ ■[pts �...goal /. •a■.• ■RI f --::::: ••..■ naso■ "Elise an Letters Supporting the Revised Brickell Bay Village Project and Requested Major Use Special Permit Submitted to the Miami City Commission by the Atlantis Committee on Brickell Bay Village July 26, 2001 Submitted Into the public itemrecOrPiUon ecN2 on with / Waiter Fr;�►rnnn ��. -� 780 0 26 July 2001 I would like to congratulate the City Commission for their courage to respond to this very delicate dilemma that we have all endured, The sensitive and appreciative considerations to the Atlantis have allowed the building to maintain her stature and retain her delicate context. This, in effect, will reward Miami's architectural heritage by Insuring her Iconic status for several generations to follow. Most significantly, you have initiated the conscious responsibility of preserving our recent architectural past. I am confident that this victory will prove itself to be a historic step in the recognition & consideration of Post Modern Architecture. These measures set a precedent for the Global Architectural community and will internationally promote Miami as the proud patron of Post Modernism. I offer my sincere gratitude to all those who supported us - By acknowledging the architectural significance of the Atlantis you have selflessly pioneered a new respect for a recent past. With highest regards, Bryan Hoffman Architectural Photographer Submitted into tho public record In connection with item Wafter Foernan City Clerk , I -- '"i S • 0 Resolution BE IT HEREBY RESOLVED that the Miami Roads Neighborhood Civic Association, Inc., supports the design and siting of the Brickell Bay Village project as now proposed, and further supports the collaborative process by which this project was revised, agreed upon, avid approved by the Atlantis Condominium Association, the Bristol Tower Condominium Association, the Neighbors represented by Tucker Gibbs, and by the developer, Michael Baumann. WHEREAS the City Commission on April 25, 2001 urged the developer, Michael Baumann, to consult with the neighbors to work out differences concerning the Brickell Bay Village project WHEREAS the neighbors and the developer have done so, shaping this new design and siting over the months through collaborative dialogue within and between the Atlantis and Bristol Tower condominiums, dieir residents and attorneys representing them, consultations with architects and other experts, and nicetings with the developer, his architects and attorneys WHEREAS the new design, based on plans submitted June 20, 2001, will incorporate conditions unposed by the City and accepted by the developer, that eliminate the above -ground podium and make three levels of parking underground at Brickell Avenue, instead of two levels above -ground and two below WHEREAS the resulting proposal addresses many of the neighbors' conceins - calling for a taller, thinner building, no above -ground parking visible from Brickell Avenue, limitations on die encroachment of parking and other structures onto the peninsula unique to the Brickell Bay Village property, less intrusive balconies, improved landscaping;, preserved views of the Adenitis from Brickell Avenue, US 1, and die Rickenbacker Causeway, and overall, a building inore compatible with its Brickell Avenue neighborhood NOW, 'THEREFORE, for all the foregoing reasons be it hereby RESOLVED, that the Miami Roads Neighborhood Civic Association, Inc. go on record in support of the application for approval of a Major Use Special Permit for the Brickell Bay Village Project and urges all Departments of the City of Miami and Miami City Commission to support this application N'UR'1'HER RESOLVED, that a true and correct copy of this Resolution be presented to the City Commission of the City of Miami at a public hearing to be held on July 26, 2001 Signed and executed on behalf'of the Board of Directors of the Miami Roads Neighborhood Civic Association, Inc. on this 25'^ day of July, 2001, at Miami -Dade County, Florida. 6vblniriod into the public record in connection With Daniel J. Leibow, Director _ `' �'1— Miami Roads Neighborhood Civic Association, Inc. �Z'' vNaltor Foema" 700 0 E r Pfa4— Into the public MOW In connection with II I on 3—rAk�ll walt©r Foot "nut City C1011( OP r 7 S � 'J t 1 4 ` Ir e h - C -•'� I', i Irl +5 r d .'i � ..� La�•ti.c ,� � 'd. -.r µ/ �7 '. K,.1J a i. r ��_ � '•' '� �A+f1a�y S - +�7'�r •FI L'• Y11 .�'r 4f`,, .-J� `S�k; �,t v+1'2 in r { 1itt_s5i7 llE� y f 'J, �'1. Pd1;i ' f�nyj -+'.. r+-+ r 1��4 r fir- - �L. • t � :�# jtt'1i�`';4j i� h F`l,;,r � � � g gra t,i� + ' itii r ! r X• 1 r HITI "fl ..-..c {J ar' C _ ( �.. tt-.\ f t '•r� .rfl 1 Yr al /a•�.�t lk t i •r.." -ti : �}tip t yil ....r,. I�. �'4'y ,"�+Y,�a �rt' '? . 4 -•n \ _ 14 d.. 1 .�• , d~ fLA sa t•. �C'ck� + S� i q . SFE. r 1'j�r {•;. �' ��' u i`�ti T •. B R I C K E L L 1-101MEOWNERS ASSOCIATION Saf egntuding Brickell remicatial nciglkodwod eorrcems. 0 July 23, 2001 Commissioner Willy Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E.Teele, Jr. Commissioner Johnny L.Winton Gentlemen: • Re: Brickell Bay Village Project Item PZ 25/ July 26, 2001 Agenda Resolution - (J-01-143) The Brickell HomeoN«ters Association (BHA) Board of Directors has been unable to convene a timely meeting to review and consider the request by the Developer of the subject project for approval of the completely new design of his proposed project at 2101--2105 Brickell Avenue. I must therefore restrict these comments to my personal observations and conclusions. Recognizing that the project is designed within the restrictions and limitations of the various City Codes, Rules and Regulations insofar as height, density and setbacks are concerned, it then becomes a question of the exercise of your discretion as to whether or not the MUSP will be approved. By comparison to the oriauial presentation by the Developer for MUSP approval, this new design is radically different both as to aesthetics and as to the placement of the proposed tower on the property juxtaposed to the position of the two buildings on the neighboring properties. I note that the Boards of Directors of the Atlantis and Bristol Tower Condominium Associations have both entered into binding agreements with the Developer, in which they support the pending petition for approval of the MUSP. BHA and 1, personally, have and always will remain concerned about any new project's density and impact on the life style of all of us who live in s1tlCht:t_t, 15 liUILDlNC the Brickell corridor. While BILA by a published resolution previously las sl: 2.51" Road, s;rlte 1002 provided to you has stated its position that the density of this project is excessive for the property width and number of curb cuts and tratfic flow Miarm, rinrrda 33129-2438 that it will add, the redesigned and re-sited project is, though still the Phone: 0051 856.90199 same density, by comparison to what was previously presented, a creative Fax: c3aa; 658.6?48 ;siacobsC4hcllsuuth.nrt L;ubrrl)lt(,,d Into tho public ww.hri�l;allhuntcowncrl.cum record In conneaclion with j !tern l ( Of) 7 ' i�r' D I „ 01— �i cj l Walter Foem?1 r ---City Gh"?" Page 2 of 2 and considerate design which should, from a visual perspective, add to, rather than detract from, the Brickell Residential Neighborhood. I believe that given the time, BHA would have joined with its primarily affected members, Bristol Tower and Atlantis Condominium Associations, in recommending approval, but in the absence of the requisite meeting, I can only add my voice to theirs on an individual and personal basis. This said, BHA has traditionally and consistently supported its member associations' positions, It would be quite a surprise if this time were an exception. Mat has transpired with this hard fought approval process is a fine example of a Developer and the affected community working together to reach a reasonable consensus for developmental impact and design. The Commission is to be applauded for encouraging the parties to pursue this course, Respectfully yours, T'. Sinclair ( ry) Jacobs President "ubMIROd Into the public record in connection with horn ..L(-- on '�"�(r -Dt Walter Foemarl ��► t*t16lerh L➢ i5 South Miami Avenue Homeowners Association July 24, 2001 City of Miami Commissioners 3500 Pan American Drive Miami FL $3133 Ref: Brlckell Say Village MUSP Approval Dear Sirs: The purpose of this letter is to express our support to the residents of the Atlantis and Bristol Tower Condominiums as well as to the Brickell Homeowners Association on this matter. SMAHA endorses the revised design concept for this project as presented to the above organizations, e.g. a taller, thinner building, more in keeping with the aesthetics of the neighborhood. We commend the Commissloners, the residents and the neighborhood associations for taking the time and effort that will ultimately result In a much better project than the one originally proposed. We remain concerned however, about the high density and the traffic implications of this rental building, the latest of a series of high•donelty projects approved in this already densely .populated corridor in the past year. We request that the City closely monitor future developments. •in the area to ensure that we maintain the quality of life we all enjoy. It Is after all, this., unique urban and reeldential environment that attracted these projects to this location Inthe first place. In addition we request that the City make It very clear to this developer that all construction employees MUST park In their designated areas according to their parking plan or risk having the project shut down until they are in compliance. it should not be Incumbent upon the residents to enforce the terms of their permits In this regard. Finally we repeat our previous requests that the Impact fees generated by these projects be Invested to improve the beauty, security and safety of the nelghborhood, including, improved Ilghting, crosswalks, sidewalks and traffic -calming. As always, we appreciate your support. 81n erely, ur V0444-*_ Colin D. Veater President Cc: Susan Fawcett -- Atlantis Brlckell Bay Village Committee Tory Jacobs, Brlckell Homeowners Association Submitted Into the public record in connogNon with itorn IL_ on -1 14iltcr Foernao ds RESOLUTION BY THE URBAN ENVIRONMENT LEAGUE ON THE REVISED BRICKELL BAY VILLAGE PROJECT * The Urban Environment League supports the redesigned Brickell Bay Village and its siting as approved by the Atlantis and Bristol Tower Boards of Directors, the Neighbors (Atlantis Committee on Brickell Bay Village) represented by Tucker Gibbs, the developer Michael Baumann, and the Planning Advisory Board of the City of Miami. The new design is based on plans submitted June 20, 2001 and to be amended by the City so that all parking will be underground at Brickell Avenue. The UEL endorses the resulting taller, thinner, better sited, and more compatible structure with parking underground and improved landscaping that has emerged. * We endorse the collaborative dialogue that produced this new design and siting. Urged by the City Commission, the Atlantis Committee on Brickell Bay Village and the developer have reached consensus on a new pian and siting that have now been approved by the boards of the Atlantis and Bristol Tower. Miami will benefit from this collaboration. *Finally, we endorse as well the building's siting that allows views of the Atlantis from Brickell Avenue, yet attempts to honor the sight lines of both neighboring condominiums. July 24, 2001 Urban Environment League Board of Directors Greg Bush, President Ernest L. Martin, Secretary Submitted Into the public r©cord In connection with Item _1 I ___� on 2'.25k, o t Wafter Fooman �� O