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HomeMy WebLinkAboutR-01-0782J-01-582 07/26/01 RESOLUTICN NO. 10J.— 762 A RESOLUTI:OS OF 'T HE MIAMI C:I:'1'Y COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MODIFICATION TO THE MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 17 AND 22 OF ZONING ORDINANCE NO. 11000, FOR THE BRICKELL ON THE RIVER PRO,-JECT, TO BE LOCATED AT APPROXIMATELY 27 SOUTHEAST 5TH STREET, MIAMI, FLORIDA, APPROVED By THE CITY COMMISSION ON JULY .13, 199:5, PURSUANT TO RESOLUTION NO. 95-5-97, TO MODIFY SAID DEVELOPMENT ORDER DY AMENDING THE APPROVED DEVELOPM'r_;NT PROGRAM AND DESIGN TO PROVIDE A TOTAL OF 712 RESIDENTIAL UNITS, RETAINING ACCESSORY RE'AIL AND RECREATIONAL SPACE AND ADDING ACCESSORY OFFICE SPACE, AND PROVIDING APPROXIMATELY 872 PARKING SPACES; DIRECTING TRANSMITTAL OF THE. HEREIN RFS01','L)T70N; MAKING FINDINGS OF FAC'_ AND STATING CONCLUSIONS OF LAW; PROVTDTNG FOR DI:NDING 5*,F'F1',,CT; CONTAINING A SEVERABILITY CLAUSE AEU '.moi<OVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 7, 2001, 13rickell on the River, Inc., ( "APPLICANT") , submitter_ a reques'-- (-or a modification to the previously approved Major Use Special PeriAL for the Brickell on the River Project ("PROJECT") pursuant to Articles 17 and 22 of Zoning Ordinance No. 1.1.000 the Zoning Ordinance of the City of. Miami, Florida, as amended, ("Zcni nc; Crdiriance No. 1100011) ; and ATTACRA41F',11T (�) MEBTINQ or. J U L 2 6 2001 kwI" 01- '782 � • s WHEREAS, on May 16, 2001, the Zoning Administrator of the City of Miami determined that the requested modification to the proposed development program and new plans constituted a substantial modification to the previously approved Major Use Special Permit; and WHEREAS, on June 6, 2001, the: Director of the Department of Planning and Zoning issued a memorandum confirming that the requested modifications were substantial pursuant to the determination by the Zoning Administrator and Section 2215.1 of Zoning Ordinance No. 11000; and WHEREAS, pursuant. to Article 3.7 of Zoning Ordinance No. 11000, the proposed modification to the Major Use Special Permit requires review by the Miami Planning Advisory Board and the City Commission; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 20, 2001, Item No. 5, following an advertised public hearing, adopted Resolution No. PAD 60-01 by a vote of nine to zero (9-0), 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; oi- 182 NOW, 'THEREFORE, 312 IT RESOLVED BY '.CHL" 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 27 Southeast 5"' Sz�reet, Miami, Florida, attached and incorporated as "Exhibit. All, _s amended Lo reflect the requested modifications, subject to ,:he 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 712 residential units, and with accessory recreational, retail and office space and approximately 872 parking spaces. Section 4. '.I.'l.e approved Major Use Special Permit for the PROJECT also encompasses the lower ranking Special Permits as set forth in the Development Order, attached and incorporated as ,,Exhibit A". Page 3 of 8 t)i. ,782 9 • Section 5. The findings of fact set forth below are made with respect to the modifications to subject PROJECT: a. The modified PROJECT is ip conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, as amended. b. The modified PROJECT is in accord with the SD -7 Zoning classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. C. Pursuant to Section 1.305 of Zoning Ordinance No. 11000, 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 genera:! -:1y, 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 $87 million, and to employ approximately 352 workers during construction (ru'_1-Timo Employees); the PROJECT will also result in the creation of approximately 300 permanent new jobs. The PROJECT will generate approximately $4.9 million annually Page 4 of 8 V J " FI 8'2 in tax revenues to local units of government (1995 dollars) . e. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of L•he 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 -o 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 • 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: safety, solid waste, heritage conser.vaeion, trees, shoreline development, minoriL-y participation and employment, and minority contractor/subcontractor participation will be mitigated through compliance with the conditions of this Major Use Special Permit. Section 5. The Major Use Special Permit, as approved and amended, shall be binding upon Lhe APPLICANT and any successors in interest. Section 7. The application for Major Use Special Permit, which was modified on May 7, 2001, and which is on file with the Department of Planning and zoning of the City of Miami, Florida, shall be relied upon generally for admin.,,trative 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 Page 6 of 8 copy of this Resolution and attachment to the developers: Brickell on the River, Inc. 1221 Bri.ckell Avenue, Miami, FL 33131. 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 and incorporated as "Exhibit A". Section 10. The. Major Use Special. Permit Development Order for the PROJECT ("Exhibit Order "A") is emended. Section 11. In t' -,,e 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 af.ter the adoption of the Resolution. Page 7 o 1 8 Section 13. 'Phis Major Use Special Permit, as amended herein, and approved, including a time extension, 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' PASSED AND ADOPTED this 26th_ day of July 2001. JOE C:AROLLO , MAYOR In acconianoe with Miami Code Soo. 2.36, since the Mayor did not Indicate approval of thi,l fegisiation by signing it in the designatedplane p ided, Id legislat now becomes effective with the elapse of ton (10) day fro t e of ornml ac;tire, ATTEST: regarding same, without the Mayor exer`9l ►ig ve o WALTER J. F'OEMAN CITY CLERIC UEMIM �i If the Mayor does not sign this Resolution, it shall became 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 8 of 8 01— 782 • • "EXHIBIT A" ATTACHMENT TO RESOLUTION NO.95-597 DATE: July 13, 1995 BRTCKELL ON THE RIVER 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. 1100011) the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special permit for the Drickell on the River Project (hereinafter referred to as the "PROJECT") to be located at approximately 27 Southeast 5c" Street, 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: Words and/or figures stricken through shall he deleted. Underscored wards and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate orntitted and unchanged material. Page 1 of 10 1 J— '182 FINDINGS Or FACT PROJECT DESCRIPTION: The proposed PROJECT is a primarily residential development consisting of accessory retail and office space with recreational. uses to be located on an ameni-y .lovel; the PROJECT will consist of 712 residential un.l.ts with 872 parking spaces to be located at:. 27 Southeast 5th Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 1.79,860 square feet and a net lot area of approximately 103,406 square feet of land (more specifically described on "Exhibit F", incorporated herein by reference). -he remainder of the PROJECT's Vital Data as originally approved, 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 712 residential units with approximately 4000 square feet of accessory retail uses, 1200 square feet of accessory restaurant use, accessory office space and 872 parking spaces; the PROJECT will. also include a recreation deck with a swimming pool and tennis court; this development program shall be incorporated in two towers of approximately 42 stories connected by a ten level. parking structure on which the recreation deck will be accommodated. h Page 2 of 10 `` • 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 condomi,-iiurns) a mandatory property owner association in per_petui.Ly pursuant to a recorded Declaration of Covenants and Restrictions. The Major Use Special Permi7- Application for the PROJECT also encompasses a time extension request, and all of the lower ranking Special Permits and variances incorporated in the plans on file with the Planning and Zoning Department. 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 required, 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 Cohen, Freedman, Encinosa & Associates, Architects, PA., dated April 30, 2001; the landscape plan shall be prepared by Taft Bradshaw, and shall be submitted for review and approval by the Planning and Zoning Director prior to a building permit: being issued; said design plans may be permitted to be modified only to the extent necessary to comply with the conditions for approval imposed herein; all modifications siial.l be- subject to the review and N S 2 Page 3 of. 1. U 0 1 .� ( L7 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 -7 Zoning District, as contained in Zoning Ordinance No. 110DO. The existing comprehensive plan future land use designation allows the proposed mix of commercial and residential uses. THE APPLICANT, T?'S SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR '1'0 TILE ISSUANCE, OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: 1. Meet all applicable bu'lding 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 r_ecommcndations 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, it any, have been incorporated into the I?ROJECT security and construction Page 4 of. 10 off.-- 782 0 • plans, or demonstrate to the Director of Planning and Zoning why such rer_ommendat:.ions are impractical. 4. Prior to the issuance, oL a temporary or permanent Certificate of Occupancv, provide a letter from the Department of Fire -Rescue indicating Br_i.ckell on the River, Inc.'s (the "APPhICANT") coordination with members of the Fire elan 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 follow the provisions of the City of Miami's Minority/Women 91.isiness Affairs and Procurement as a guide. Page 5 of 10 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 wi'1.1 be by the property owner or a mandatory property owner association in perpetuity; and 2) a cerUified ropy of the Development Order specifying that the Development Order runs with the land and is binding on thc_ )'1PPLTCANT, its successors, and assigns, jointly or severally. 8. Prior to the issuance of a temporary or permanent Certificate of Occupancy, decnor_straLe to the City that the PROJECT has completed its condominium requirements and has been approved for such by the State of Florida; or provide the City with an executed, recordable unity of title or covenant in -lieu oL= unity of title agreement for the subject proper:.y; said agreement shall be subject to the review and approval. of the City Attorney's Office. 9. Provide the Dcpartment of Public Works with plans for proposed s:i.dewallc and swale area improvements for -its review and approval prior to zhe issuance of a building permit. 10. Provide the Department of Planning and Zoning with a temporary parking plan which addresses:.- (a) construction 1, 14 Page 6 of 10 �19J82 0 • of employee parking and its compulsory use by APPLICANT'S employees during the construction period; (b) a mechanism for requiring APPLICART' S _employees to utilize the temporary parking, incuding enforcement provisions and penalties for violation_ thereof; said plan shall be subject to review and approval by the Department of Planning and Zoning prior Lo 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 Services 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 or 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. 13. Pursuant to design review, the following design modifications shall be made for reconsideration of review and approval. by the Planning and Zoning Director: Page 7 of 1.0 01— 782 a. The building elevations which face the Miami River for the ten l:.�vels of the parking structure need to be reconsidered to respond to the civic life of the city by articulating all blank walls with windows, openings and other elements that reflect proportions and use of high rise architectural language and context. b. The proposed office/gym uses which face the Miami River for the ten levels of the parking structure need to be reconsidered to adequately provide the necessary space needed for such uses. c. The royal palms proposed along the river's edge shall be replaced with coconut palms or other palms and/or trees that provide shade for the pedestrian. In general, the PROJECT shall be landscaped with the appropriate canopy trees or palms to provide the pedestrian and residents of the project continuous shaded walkways with the proper and necessary irrigation and lighting systems. d. The entrance along SR 5`'` Street shall be modified to address the pedestrian access to the building by decreasing the width of ::he island between the building and the pedestrian walkway and providing defined walkways for pedestrians. If possible, the building entrance should be moved closer to the street-. 4. The proposed program of of..Lice./gym use attached to the parking garage shall always rema-in as habitable space and shall not be converted to the use of parking garage. 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. 01- '�8 Page 8 of 10 r 0 CONCLUSIONS OF LAMA 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 lana 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 favorab-.y affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) the PROJECT will efficienrly use necessary public facilities; and (5) the PROJECT will riot negar_ively 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 :De served by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit. Mage 9 of 10 0"1— 782 • The proposed developmem 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. 01 782 Page 10 of 10 PLANNING FACT SHEET APPLICANT Lucia Dougherty, Esq. for Brickell on the River, Inc. HEARING DATE June 20, 2001 REQUEST/LOCATION Consideration of a Substantial modification to the approved Major Use Special Permit for the Brickell on the River Project located at approximately 27 SE 50' Street. LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards Office. PETITION Consideration of approving a Substantial Modification to the approved Major Use Special Permit for the Brickell on the River Project located at approximately 27 SE a Street in order to modify the development program and amend the design of the previously approved project pursuant to City Commission Resolution 95-597, the new proposal will consist of 712 residential units, with accessory recreational, retail and office space, and 872 parking spaces. PLANNING Approval with conditions. RECOMMENDATION BACKGROUND AND Please see attached analysis. ANALYSIS PLANNING ADVISORY BOARD Approval with conditions VOTE:' 9-0 CITY COMMISSION N/A APPLICATION NUMBER 2001-039 Item #5 CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2"O AVENUE, 3AD FLOOR d MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 PZ -2 0 page 1 r18 2 ANALYSIS FOR MODIFICATION TO MAJOR USE SPECIAL PERMIT Brickell on the River CASE NO: 01=039 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 Brickell on the River Project. The project was approved by the City Commission on July 13, 1995 pursuant to Resolution 95-597; the project was approved as an Mixed use project consisting of Office, Residential and hotel uses; the proposed modification is to reduce the overall scope of the project to consist of 712 residential units with accessory retail and office uses with 872 parking spaces. The project will be located at 27 SE 5* Street within the Downtown NET Area. 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 required as well as any other special approvals required by the City which may be required to carry out the requested plans. The requested modification specifically, consists of a complete re -design of the project. The primary use program change is as follows: Residential units: From 508 to 712 units Hotel: From 325 rooms to 0 rooms Parking: From 652 spaces to 872 spaces Accessory office, retail and recreational uses continue to be provided. 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 hotel use by 325 rooms and increase the residential units from 508 to 712 units (providing an overall reduction in development program), will benefit the City by creating new residential units along the Miami River in downtown Miami. • It is found that updated traffic and site utility studies were provided which indicate the changes to meet the requirements as the original MUSP application.ti. 782 • It is found that, with this request, the actual peak hour trip generation result from the proposed change will go down by 100 PM peak hour trips; no adverse impacts on traffic will occur as the result of the proposed modification. • It is found that, with the exception of several design considerations (enumerated below and conditioned herein) the proposed modifications meet the same requirements as the originally approved Development Order for the Brickell on the River Project. • It is found that upon design review being conducted on the proposed development plans, both the Urban Development Review Board and the Planning and Zoning Department had outstanding design related issues that need to be addressed before a building.permit is issued for the project. The UDRB met on April 18, 2001 and May .16, 2001 and recommended approval of the proposed project with conditions and concerns (see attached UDRB Resolutions); the Planning and Zoning Department also reviewed the proposed plans and recommends approval with conditions as referenced on the attached Design review comments dated 5-16-01. The primary design review comments that need to be addressed by the applicant are as follows: • River front elevations need additional consideration; • Office and gym spaces located facing the riverfront appear to be too small to be functional and need to reconsidered; • Landscape treatment at the river's edge needs additional consideration; • Treatment of entrance along 5'" Street needs to be reconsidered to address pedestrian access. • 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 and plans. • 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 Brickell on the River Project with the following conditions: 1. The approval of this modification shall be subject to all conditions as specified in the Development Order for the Brickell on the River Project as approved by the City Commission on July 13, 1995 pursuant to Resolution 95-597. 01- '782 K 2. The following design modifications shall be made for reconsideration of review and approval by the Planning and Zoning Director: a. The building elevations which face the Miami River for the nine levels of the parking structure need to be reconsidered to respond to the civic life of the city by articulating all blank walls with windows, openings and other elements that reflect proportions and use of high rise architectural language and context. b. The proposed office/gym uses which face the Miami River for the nine levels of the parking structure need to be reconsidered to adequately provide the necessary space needed for such uses. c. The royal palms proposed along the river's edge shall be replaced with coconut palms or other palms and/or trees that provide shade for the pedestrian. in general, the project shall be landscaped with the appropriate canopy trees or palms to provide the pedestrian and residents of the project continuous shaded walkways with the proper and necessary irrigation and lighting systems. d. The entrance along SE 5'h Street shall be modified to address the pedestrian access to the building by decreasing the width of the island between the building and the pedestrian walkway and providing defined walkways for pedestrians. If possible, the building entrance should be moved closer to the street. 3. The proposed program of office/gym use attached to the parking garage shall always remain as habitable space and not return to the use of parking garage. 3 01- 782 C I T Y O F M I A M I P L A N N I N G A N D Z U N I N G D E P A R T M E N T PILE -APPLICATION FOR A MAJOR USE SPECIAL PERMIT DESIGN REVIEW COMMENTS BRICKFLL ON THE RIVER \ tth•�.u:' hctticn MI.tmt R -III 10i �1I i'' .t., I..t,t'\Ct:t htftt,,Ln lirickCtl A%L. anJ 1\1111mr \t'c. 5-16-01 OBSERVATIONS: After reviewing the proposed plans for Brickell on the River, the following observations have been made: • The north elevation along the A4iami River does not reflect the change in program from a parking garage to office/gym space. The elevations are the same as those initially submitted to the Urban Development Review Board (418-01) where a nine story parking garage was proposed along the River's edge. • The office/gym spaces attached to the parking garage along the river appear to be too small to adequately provide the necessary space needed for an office. • The proposed entrance along 51^ street does not address the pedestrian access to the building as well as the anticipated activity along the street. COMMENTS : Site Plast • The entrance along 51h street shall address the pedestrian access to the building by decreasing the width of the island between the building and the pedestrian walkway and providing defined walkways for pedestrians. If possible the building entrance should move closer to the street. Architecture and Landscape Architecture • The north elevation along the Miami River shall reflect the change in program from a parking garage to office space. The articulation of the elevations, particularly the north elevation along the river and south elevation along 51h street shall respond to the civic life of the City by articulating all blank walls with windows, openings and other elements that reflect great proportions and use of high-rise architectural language that reflects its context, ■ The royal palms proposed along the river's edge shall be replaced with coconut palms or other palms and/or trees that provide shade for the pedestrian. In general, the project shall be landscaped with the appropriate canopy trees or palms to provide the pedestrian and residents of the project continuous shaded walkways with the proper and necessary irrigation and lighting systems. 1 C I T Y O F M I A , M I P L A N N I N G A N D Z O N I N G D E P A R T M E N T URBAN DEVELOPMENT REV] Ew BOARD. R �411.1 r i o -.: I T) It It 4-I n-01-2 A resolution recommending to continue to the meeting of May 16`x', 2001, a Major Use Special Permit for the new construction of Brickell on the River, located between the Miami River and SE 5`s Street and Brickell Avenue and Miami Avenue bridge. Meeting Date: April 18, 2001 ItemNo.: 2 Vote: 6-0 Conditions to be addressed by applicant for May 16" meeting: • The proposed nine story parking garage facing the river does not contribute to the desired character and pedestrian activity along the river's edge. ■ Provide a non -vehicular, habitable program such as apartments along the river's edge instead of the parking garage. ■ Provide a clear indication of the phasing plan for the project. ■ Provide drawings of all the elevations for the project (including 5d' SL), presuming there is no phase II. til- 782 C I T Y O F M I A M I P L A N N I N G A N D Z O N I N G D E P A R T M E N T URBAN DE, VELOPMENT REVI E W BOARD R E s 0 L 11 T 1 0 N: D D R B 5- 1 6- 0 1- 2 A resolution recommending approval of a substantial modification to a Major Use Special Permit for Brickell on the River for an application for new construction. Meeting Date: May 16, 2001 ItemNo.: 2 Vote: 3-0 Conditions: ■ The proposed program of office/gym use attached to the parking garage shall always remain as habitable space and not return to the use of parking garage. 44W Az— ar Qfficer 01- 182 RESOLUTION PAB 60-01. A RESOLUTION RECOMMENDING APPROVAL WITH CONDITIONS AS SPECIFIED BY STAFF, OF A CONSIDERATION OF APPROVING A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT APPLICATION FOR THE BRICKELL ON THE RIVER PROJECT, LOCATED AT APPROXIMATELY 27 SOUTHEAST 5T" STREET, IN ORDER TO MODIFY THE DEVELOPMENT PROGRAM AND AMEND THE DESIGN OF THE PROJECT PREVIOUSLY APPROVED BY RESOLUTION NO. 95-597; THE NEW PROPOSAL WILL CONSIST OF 712 RESIDENTIAL UNITS WITH ACCESSORY RECREATIONAL, RETAIL AND OFFICE SPACE, AND 872 PARKING SPACES. HEARING DATE: June 20, 2001 ITEM NO. 5 VOTE: 9-0 ATTEST: jefab6(-6finch&, Director Planning and Zoning Department 0j - f�82 / Z DOWNTOWN GOVERNMENT` 1 fJ CENTER -FIRST ADDITION 114N LAGLEit u MT t • 1 • I W a Ac, •.' > / + DY YY ff r•• ,• .•c • tS T, Nsue'Flst PROPERTY OF MIAMI STEAM E$ TRIC STAT10 L RIDA�4WER AND LIQ 14 T CC AST Im"Ift- SHIM $T. S.E. U111n 7 HATCNE). ENTERPRISES PROPERTY m FLAGLER ST. Ere • t• s e�4, YI CNONLCe�1 IQOUj 1 .IZ �G�.� a eus. ,lo.t N H A Ir U 11 Y{ 4� 1. •C *'i PV I .� o ST n Is I. I Ir Is o�. tfog]ttieee S T. W ' IRNA Oo 0 0 000 0 N • GV.-Qll tV • t • s • rt It I to t I •, aw u PJapP 7 It b A 1� ' I i ] . 1 i t • t• immmimmasEm TR. B' / r • a � N Is It I t to / Z 3 p MIAMI C ►� I •• • I s s • ,H A to Io• .w m CER AMMEND D BISCAYNE BOULE ARDp If IW T..... ' A 6 t, C pa. vi t raf - - -.. - �, GA SRII C poSD-5 r �...� •, �f4�O la 1 •••u•r• !N T101 ! s i r r � t• � � 4J • . . r• • rt r . f a 1 To 17RIC 1 r ! ,p 1 • r S to - ,. 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Dougherty (305) 579-0603 E -Mail: doughenyl@gUaw.com May 7, 2001 HAND DELIVERY Ms. Ana Gelabert-Sanchez Director, City of Miami Planning Department 444 S.W. 2nd Avenue Third Floor Miami, FL 33130 Re: Brickell on the River; 27 S.F.. 51h Street, Miami, Florida: MUSP Resolution No, 95-597 Dear Ana: On behalf of the owner of the above referenced property, Brickell on the River, Inc., we are requesting that a determination be made as to whether our proposed changes are substantial as defined in section 2215.1 of the Zoning Ordinance. The proposed amendments are attached as Exhibit "A", as well as updated site utility and traffic studies. We are also requesting a MUSP time extension for a period of two years from August 12, 2001. For your review, we have enclosed a copy of MUSP Resolution No. 95-597. We have also enclosed a check totaling $3,000 for the application fee for the determination of the change in an approved Major Use Special Permit. Be advised that these revised plans which are attached have been reviewed and approved by the Miami River Commission. We agree with their only condition that there be 16 feet of clear space in the bay walk between the bulkhead and the first fountain. We are requesting that you forward this request to Mr. Juan Gonzalez for his review as the Zoning Administrator. Thank you very much for your attention to this matter and please call me at (305) 579-0603 if you have any questions. Very truly y u , ucla A. DDo/u cc: Ms. Lourdes Slazyk Mr. Juan Gonzalez Mr. Michael Bedzow, Esq. Adrienne F. Pardo. Esq Gloria M. Velazquez, Esq. 11MIA-SRVO IIVELAZQVEZG%13093ggv01 \S2B W01 I.Dcc\.sn/o I GREENDeRG TRAURIG, P.A. o i— 782 82 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-OSOD FAx 305-579.0717 www.gtlsw.com MIAMI NEW YORK WASHINGTON, D.C, ATLANTA PHILADELPHIA TY9oNs CORNER CHICAGO BOSTON PHOENIX WILMINGTON Los ANGELE9 DENVER 9xo PAULO FORT LAUDERDALE BOCA RATON WEST PALM BEACH ORLANDO TALLABASSEE 0 EXHIBIT 0 BRICKS ' L ON THE RIVER 27 S.E. 5'K Street, Mami FL A. Project Area Calculations Zoning District: SD -7 B. Project Data Comparison Gross Lot Area ASSOCIA7E5 -ARCHITECTS. PA A,p,provgd Proposed OL. NO. AA C 0OU779 C. Site Data MUSP Revisions Gross Lot Area 179,860 S.F. 179,860 S.F. Net Lot Area 103,406 S.F. 103,406 S.F. D. Total Bld¢, Foot 55,017 S.F. 55,725 S.F. E. Floor Area Limitations for Resisential/Non Residential Bids. Maximum Allowed F.A.R. = 8.0 &Rroved Proposed Allowed (6 x Gross Lot Area) 905,027 S.F. 715,844 S.F. 1,079,160 Maximum Non -Residential F.A.R. plus Bonus for Non -Residential (2.25 x Gross Lot Area) 301,742 S.F. I51,568 S.F. 404,685 Total F.A.R. 1,211,199 S.F. 900,165 1,438,880 (6.73) (5.00) (8) F. Open Sgace Aipproved Proposed Required Open Space 7,155 S.F. 9,700 S.F. 5,123 S.F. Residential Recreation 172,262 S.F. 106,454 S.F. 90,502 S.F. G. Building Height LimitatiM A vro ed PEWosed Allowed Building Height 650'(60 Stories) 450' (42 Stories) No Limitation Parking Garage 110' (10 Stories) 108' (10 Stories) - H. Building Setbacks ARRroyed Proposed Required Front S.E. 5`b Street 15' 15' 15' S.E. 5m Street Upper Level 25' 25' 25' NOTE: 15' up to 48' in height 25' after 48' in height 611— 782 t nAq `! 1.N 1;;111 titrnnt . Miami I Al P(4 F1 1101A • Phnnw ;3f1S) K7Fi-3999 • Fax f305i 4126-3155 Interior Sides Anroved Proposed East Side Visual Corridor 25' - 6" 251-611 West Side Visual Corridor 30' 30' River 50' 50' I. Parking roved Proposed Residential (1 Car/Unit NFin) 508 712 Restaurant 20 0 Office (1 Car/500S.F.) 33 0 Hotel 91 ____0 Total Spaces 652 --712 Required/ Required 30' 30' 50' �i1-- 782 872 Proposed Loading Berths Berths 12'x 55' 3 5 Handicap Spaces Required 18 18 I Parking ConfiW ation Level Approved MUSP Proposed Ground Level 30 (2 H.C.) 56 (4 H.C.). Level 2 73 (2 H.C.) 84 (4 H.C.) Level 3 73 (2 H.C.) 90 (4 H.C.) Level 4 73 (2 H.C.) 90 (4 H.C.) Level 5 73 (2 H.C.) 92 (2 H.C.) Level 6 73 (2 H.C.) 92 Level 7 73 (2 H.C.) 92 Level 8 73 (2 H.C.) 92 Level 9 67 (2 H.C.) 92 Level 10 56 Total Parking 652 (18 H.C.) 872 (18 H.C.) Required 30' 30' 50' �i1-- 782 Lourdes Slazyk, TO Assistant Director PI ing and Zoning FFur-I J C. Gonzalez, ting Zoning Admit Tanning and Zoning • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM • May 16, 2001 DA TE FILE Determination of a SUaJEC7. substantial change In an approved Major Use Special Permit RUERENCES 27 S.E. 5 Street Brickell on the River ENCLOSURES. Pursuant to a request from Lucia A. Dougherty, of the Law Firm of Greenberg Traurig, representing Brickell on the River, concerning a determination of a non -substantial change from an approved Major Use Special Permit, please be advised of the following. The change that constitutes a substantial change in my opinion is the complete elimination of the hotel use and the substitution and increase to 712 residential dwelling units from the original approval of 508 units. The applicants are proposing a change in the approved Major Use Special Permit as the following. A. Project Area Calculations Zoning District SD -7 B. Proiect Data Comparison Gross Lot Area Approved Proposed MUSP Revisions C. Site Data Gross Lot Area 179,860 S.F. 179,860 S.F. Net Lot Area 103,406 S.F. 103,406 S.F. D. Total Blde. Footprint 55,017 S.F. 55,725 S.F. E. Floor Area Limitations for Residential/Non Residential Bids. Maximum Allowed F.A.R. - 8.0 AUproved Proposed (6 x Gross Lot Area) 905,027 S.F. 715,844 S.F. Maximum Non -Residential F.A.R. plus Bonus for Non Residential (2.25 x Gross Lot Area) 301.742 S.F. 151,568'S.F. Total F.A.R. 1,211,199 S.F. 900,165 (6.73) (5.0) F. Onen Space Approved Proposed Open Space 7,155 S.F. 9,700 S.F. Residential Recreation 172,262 S.F. 106,454 S.F. o1- 782 • Lourdes Slazyk May 16, 2001 Page 2 of 3 G. ]Iulldiye Height Limitatlons Approved Proposed Building Height 650'(60 Stories) 450' (42 Stories) Parldng Garage 110' (10 Stories) 108' (10 Stoiries) H. Building Setbacks Approved PsoWsed FE= S.ESoStreet 15" S.E. 50' Street Upper Level 25' 25' Interior Sides Approved groposed East Side Visual Corridor 25'— 6" 25'— 6" West Side Visual Corridor 30' 30' River 50' 50' 1.p roved r000sed Residential d�tahal (1 Car/Unit Min) 508 712 Restaurant 20 0 Office (1 Car/500 S.F.) 33 0 Hotel 91 —2 Total Spaces 652 712 Required/ 872 Proposed Loadine Berths Berths 12' x 55' 3 5 Handicap Spaces Reauired 18 18 I Parking Configuration Level Approved MUSP Pro-sed Ground Level 30 (2 H.C.) 56 (4 H.C.) Level 2 73 (2 H.C,) 84 (4 H.C.) Level 3. 73 (2 H.C.) 90 (4 H.C.) Level 4 73 (2 H.C.) 90 (4 H.C.) Level 5 73 (2 H.C.) 92 (2 H.C.) Level 6 73 (2 H.C.) 92 Level 7 73 (2. H.C.) 92 Level 8 73 (2 H.C.) 92 Level 9 67 (2 H.C.) 92 Level 10 56 Total Parking 652 (18 N.C.) 872 (18 H.C.) 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 • May 16, 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 - 7892 Clhf OF MIAMI, FLORIDA • INTER -OFFICE MEMORANDUM TO: Distribution Below DATE-: June 6, 2001 FILE SUBJECT Brickell on the River MUSP �f 27 S.E. 5`s Street FROM: irectflt REFERENCES Plara:inb and Zoning Department Resolution No. 95-597 ENCLOSURES: Adopted: July 13, 1995 This is to confirm that the requested modification to the Brickell on the River Major Use Special Permit is a substantial modification from the originally approved project, as approved on July 13, 1995, by Resolution 95-597. See attached determination from Juan Gonzalez, dated May 16, 2001. Attachments Distribution with attachments: Lourdes Slazyk, Assistant Director Department of Planning and Zoning Juan Gonzalez, Acting Zoning Administrator Building and Zoning Department Teresita L. Fernandez, Chief Office of Hearing Boards Adrienne Friesner Pardo, Esq. Attorney for applicant Brickell on the River Major Use Special Permit File 1 BRICKELL ON THE RIVER SITE UTILITY STUDY Prepared for Brickell on the River, Inc. by Cohen, Freedman, Encinosa & Assoc. Architects - P.A. 8085 N.W. 1551h Street Miami, Florida 33016 (305) 826-3999 April 1,2001 SITE UTILITY STUDY I. Drain A- gi mea The site which is located on S.E. 5`s Street West ofBrickell Avenue has approximately 180 feet of frontage on 5t° Street and it consists of a total of 3.46 Acres. After development, approximately 95% of the site will be impervious areas and approximately 5% of the site will remain as pervious areas. The storm water discharge will consist primarily of building roofs, driveways and landscape areas run-off. The coefficient of run-offs is arrived at as follows: 0.95 (impervious) x 0.90 = 0.855 +0.05 (pervious) x 0.30 = 0.015 overall coefficient 0.87 The City of rami presently maintains a roadway drainage system in S.E. 51' Street. However because this site is undeveloped, it does not contribute any significant amount of stormwater run-off to the street. The existing roadway system is of sufficient capacity to handle the present conditions. C. Prgposed Drainage Svste_m The primary drainage system of this building will consist of drainage wells which will allow the stormwater runoff to be fully contained on-site. No off-site runoff is anticipated from this building. It is anticipated that five drainage wells will be sufficient to handle the run-off (See Table I for drainage calculations). The stormwater will be collected thru a system of catch basin .inlets and transported by pipes to the well locations. The wells will allow the stormwater to flow into the Biscayne Aquifier. The wells will be designed to handle the stormwater runoff and tested for capacity as they are installed. Runoff from driving surfaces such as driveways and parking areas will be diverted thio detention structures which will capture the oils and greases prior to flowing into the wells. 01— i S ,? Table 1 Drainage Cylcuiations Runoff Generation 1. Total Gross Area 3.46 Acres a. Impervious 95% or 3.29 Acres b. Pervious 5% or 0.17 Acres 2. Average Runoff Coefficient (95) (9) + (.05) (.3) = 0.87 3. Design Storm 5 years-- 4. Time of Concentration 10.00 min 5. Rainfall intensity 6.10 in/hr 6. Peak Runoff (Q) = CiA (.87) (6.10) (3.46) = 18.36 CFS Assume each 24" diameter drainage well flows at 650 gpm per foot of head - using 3 feet of head: 3 x 650 Spm = 1,950 gpm per well 1,950 gpm = 4.31 CFS (Peak runo$) 18.36 FS = 4.25 Wells (Flow per well) 4.31 CFS Provide 5 - 24" diameter wells Detention Tank: Providing 1 '/z minute detention time of storage in tank. Volume of tank required to handle 1,950 Spm for 1.5 min. 1,950 spm x 1.5 nein. = 2,925 gal/tank or 391 Ft3each Provide 5 tanks each with the following interior dimensions: 6' (width) x 7' (height) x 10' (length) = 420 Ft Provide 5 tanks w/420E:�vojume each 01— 782 The Miami Dade Water and Sewer Depernnent owns and operations a 12 inch water main located in S.E. 5t° Street. The developers of this project will continue this 12 -inch water main along S.E. 51 Street, from its present end to the East boundary of their property. The water connections to serve the building will be done from the new 12 -inch main on 56 Street. The connections. will ,consist of fire line supply, domestic water and irrigation' water. No on-site wells are planned for this project. The calculations for anticipated water volumes required for this project are shown below, in Table 2. Table Water Volumes Residential Apartments 712 Apts @ 200 G.P.D./Apt. Restaurant 1200 Ft @ 1 Seat/50 Ft @ 50 gpd/seat Total flow demand 143,600 G.P.D. 111. Sanitary Sewer 142,400 gal. 1,200 gal. 143,600 gal. The Miami Dade Water and Sewer Department owns and operates a 15 inch gravity sewer line along S.E. 5* Street. It is anticipated that a single gravity connection to the 15 inch line will be sufficient to serve this project. No pump station will be built on-site to serve the project. Table 3, below, shows the anticipated sewage $ow calculations. 01— 782 Table 3 Sewne Flows Average Flow (from Table 2) 143,600 G.P.D. Average Flow 99.7 G.P.M. Peak Flow 99,7x3.5 349 G.P.M. N. Solid Waste Generation Solid waste generated by this project will be collected in standardized on-site containers for refuse and recyclables. Regular pick-up service will be provided by either private hauling companies and/or The City of Miami Solid Waste Department, who will transport the waste to Metro -Dade County's Disposal or Recycling Facilities. The projected volumes of solid waste generation are shown in table 4, below. Table 4. Solid Wye Generation Residential Apartments (712 Apts @ 1.42 tons/units x 20001bs. #/ton) /365 days Restaurant ' (1200 Ft @ 14.12 lbs./Ft) /365 days Total 5,539 lbs. = 46 lbs. 5,585 1bs. Ui-- 782 • / MEN iAft TRANSPORT ANALYSIS PROFESSIONALS, INC. 8701 S.W, 137th AVENUE • SUITE 210 • MIAMI. FL 33183-4498 • TEL 305/385-0777 • FAX 305/385-9997 May 9, 2001 Gloria M. Velazquez, Esq. Greenberg, Trau ig 1221 Brickell Avenue 23"' Floor Miami, Florida 33131 RE: Brickell on the River Traffic Generation Report Dear Ms. Dougherty: Per your request, we have reviewed the May 1995 traffic impact analysis for the proposed Brickell on the River development. The study was performed by Bermello, Ajamil & Partners, Inc. We understand that Brickell on the River and the subject traffic study was approved through the Major Use Special Permit (MUSP) process. The traffic study for the approved MUSP included the following proposed land uses: Apartments — 508 units Hotel -- 325 rooms As stated, the traffic study addressed traffic generation as indicated in the approved MUSP. The May 1995 study used the Institute of Transportation Engineers' 5th edition of Trip Generation. Since the study was submitted in the �IMUSP application, a later (6`h) edition of the ITE traffic generation has been released. The following table depicts the difference between the previously approved project's PM peak hour trips using the ITE fifth edition and the ITE sixth edition. ITE 5`h Edition Volume = 524 PM peak hour trips ITE 6`h Edition Volume = 526 PM peak hour trips Hence for all practical purposes, there was no meaningful change between fifth and sixth edition ITE trip generation volume for the originally proposed development. As we understand it, the developers are proposing to change Brickell on the River to the following land uses: Apartments — 712 units Office — 8,400 sf Retail — 4,200 sf Ptanning • Design and Engineering . Accident Reconstiuction ol- 782 Gloria M. Velazquez, Esq. May 9, 2001 Page 2 Using the ITE sixth edition rates, we have estimated the trip generation for the newly proposed Brickell on the River Development. The following table depicts the estimated *PM peak hour volume. Brickell on the River PM Peak Hour Trip Rates The following table depicts the proposed new site's PM peak hour volume. Brickell on the River PM Peak Hour Volume PM Peak Hour Land Use In Out Total Apartments 271 135 406 Office 15 74 89 Retail 5 6 11 Totals 291 215 506 As can be seen from the information presented above, the new proposed development will generate about 20 fewer trips during the PM peak hour than what was originally approved for the 1995 MUSP application. This, of course, suggests that the surrounding roads and intersections will have less impact under the new proposed development than that originally approved through the MUSP application. If additional information is needed, please contact me at your convenience. RPE/mr/»14 Enclosures cc: Lucia Dougherty Stuart Cohen Sincerely, TRANSPORT ANALYSIS PROFESSIONALS, INC. Richard P. Eichinger Senior Traffic Engineer 01- 782- Land Use Rate Total In Out Total Apartments — 712 units T =.0.541(x) + 18.743 406 67 33 100 Office — 8,400 sf T = 1.121 (x) + 79.295 89 17 83 100 Retail - 4,200 sf T = 2.59 (x) 11 45 55 100 The following table depicts the proposed new site's PM peak hour volume. Brickell on the River PM Peak Hour Volume PM Peak Hour Land Use In Out Total Apartments 271 135 406 Office 15 74 89 Retail 5 6 11 Totals 291 215 506 As can be seen from the information presented above, the new proposed development will generate about 20 fewer trips during the PM peak hour than what was originally approved for the 1995 MUSP application. This, of course, suggests that the surrounding roads and intersections will have less impact under the new proposed development than that originally approved through the MUSP application. If additional information is needed, please contact me at your convenience. RPE/mr/»14 Enclosures cc: Lucia Dougherty Stuart Cohen Sincerely, TRANSPORT ANALYSIS PROFESSIONALS, INC. Richard P. Eichinger Senior Traffic Engineer 01- 782- Summary of Trip Generation Calculation For 712 Dwelling Units of Apartments April 12, 2001 24 -Hr. 2 -Way Volume: 7-9 AM Peak Hr. Total: 4-6 PM Peak Hr. Total: AM Gen Pk Hr. Total: PM Gen Pk Hr. Total: Sat. 2 -way Volume: Sat. Pk Hr. Total: Sun. 2 -Way Volume: Sun. Pk Hr. Total: T = 5.994(X) + 134.114, R^2 = T = .497(X) + 3.238 R^2 = 0.83 , 0.16 Enter, 0.84 T = .541(X) + 18.743 R^2 = 0.75 0.67 Enter, 0.33 T .542(X) + 3.805 R^2 = 0.82 0.28 Enter, 0.72 T = .599(X) + 16.5 R^2 T 0.8 , 0.61 Enter, 0.39 T = 7.852(X) + -256.189, R^2 = T = .412(X) + 19.226 T = 6.418(X) + -101.116, R^2 0 R^2 0 0 Enter, 0 Exit Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS 0.88 Exit Exit Exit Exit 0.85 0.82 01- 782 Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2 --Way Volume 6.18 0.00 1.00 4400 7-9 AM Peak Hour Enter 0.08 0.00 1.00 57 7-9 AM Peak Hour Exit 0.42 0.00 1.00 299 7-9 A&K Peak Hour Total 0.50 0.00 1.00 356 4-6 PM Peak Hour Enter 0.38 0.00 1.00 271 4-6 PM Peak Hour Exit 0.19 0.00 1.00 135 4-6 PM Peak Hour Total 0.57 0.00 1.00 406 AM Pk Hr, Generator, Enter 0.15 0.00 1.00 107 AM Pk Hr, Generator, Exit 0.39 0.00 1.00 278 AM Pk Hr, Generator, Total 0.55 0.00 1,00 392 PM Pk Hr, Generator, Enter 0.38 0.00 1.00 271 PM Pk Hr, Generator, Exit 0.24 0.00 1.00 171 PM Pk Hr, Generator, Total 0.62 0.00 1.00 441 Saturday 2 -Way Volume 7.49 0.00 1.00 5333 Saturday Peak Hour Enter 0.00 0.00 1.00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 Saturday Peak Hour Total 0.44 0.00 1.00 313 Sunday 2 -Way Volume 6.28 0.00 1.00 4471 Sunday Peak Hour Enter 0.00 .0.00 1.00 0 Sunday Peak Hour Exit 0.00 0.00 1.00 0 Sunday Peak Hour Total 0.00 0.00 1.00 0 Note: A zero indicates no data available. The above rates were calculated from these equations: 24 -Hr. 2 -Way Volume: 7-9 AM Peak Hr. Total: 4-6 PM Peak Hr. Total: AM Gen Pk Hr. Total: PM Gen Pk Hr. Total: Sat. 2 -way Volume: Sat. Pk Hr. Total: Sun. 2 -Way Volume: Sun. Pk Hr. Total: T = 5.994(X) + 134.114, R^2 = T = .497(X) + 3.238 R^2 = 0.83 , 0.16 Enter, 0.84 T = .541(X) + 18.743 R^2 = 0.75 0.67 Enter, 0.33 T .542(X) + 3.805 R^2 = 0.82 0.28 Enter, 0.72 T = .599(X) + 16.5 R^2 T 0.8 , 0.61 Enter, 0.39 T = 7.852(X) + -256.189, R^2 = T = .412(X) + 19.226 T = 6.418(X) + -101.116, R^2 0 R^2 0 0 Enter, 0 Exit Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS 0.88 Exit Exit Exit Exit 0.85 0.82 01- 782 Summary of Trip Generation Calculation For 4.2 T.G.L.A. of Specialty Retail Center May 09, 2001 Note: A zero indicates no data available. Source: Institute of, Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS 01- 782 Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2 -Way Volume 40.67 13.70 1.00 171 7-9 AM Peak Hour Enter 0.00 0.00 1.00 0 7-9 AM Peak Hour Exit 0:00 0.00 1.00 0 7-9 AM Peak Hour Total 0.00 0.00 1.00 0 4-6 PM Peak Hour Enter 1.11 0.00 1.00 5 4-6 PM Peak Hour Exit 1.48 0.00 1.00 6 4-6 PM Peak Hour Total 2.59 1.74 1.00 11 AM Pk Hr, Generator, Enter 3.08 0.00 1.00 13 AM Pk Hr, Generator, Exit 3.33 0.00 1.00 14 AM Pk Hr, Generator, Total 6.41 0:00 1.00 27 PM Pk Hr, Generator, Enter 2.81 0.00 1.00 12 PM Pk Hr, Generator, Exit 2.12 0.00 1.00 9 PM Pk Hr, Generator, Total 4.93 0.00 1.00 21 Saturday 2 -Way Volume 42.04 13.97 1.00 177 Saturday Peak Hour Enter 0.00 0.00 1.00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 Saturday Peak Hour Total 0.00 0.00 1.00 0 Sunday 2 -Way Volume 20.43 10.27 1.00 86 Sunday Peak Hour Enter 0.00 0.00 1.00 0 Sunday Peak Hour Exit 0.00 0.00 1.00 0 Sunday Peak Hour Total 0.00 0.00 1.00 0 Note: A zero indicates no data available. Source: Institute of, Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS 01- 782 Summary of Trip Generation Calculation For 8.4 Th.Gr.Sq.Ft. of General Office Building May 09, 2001 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2 -Way Volume 23.58 0.00 1.00 198 7-9 AM Peak Hour Enter --2.71 0.00 1.00 23 7-9 AM Peak Hour Exit 0.37 0.00 1.00 3 7-9 AM Peak Hour Total 3.08 0.00 1.00 26 4-6 PM Peak Hour Enter 1.80 0.00 1.00 15 4-6 PM Peak Hour Exit 8.77 0.00 1.00 74 4-6 PM Peak Hour Total 10.56 .0.00 1.00 89 AM Pk Hr, Generator, Enter 2.71 0.00 1.00 23 AM Pk Hr, Generator, Exit 0.37 0.00 1..00 3 AM Pk Hr, Generator, Total 3.08 0.00 1.00 26 PM Pk Hr, Generator, Enter 1.80 0.00 1.00 15 PM Pk Hr, Generator, Exit 8.77 0.00 1.00 74 PM Pk Hr, Generator, Total 10.56 0.00 1.00 89 Saturday 2 -Way Volume 4.34 0.00 1.00 36 Saturday Peak Hour Enter 0.32 0.00 1.00 3 Saturday Peak Hour Exit 0.28 0.00 1.00 2 Saturday Peak Hour Total 0.60 0.00 1.00 5 Sunday 2 -Way Volume 1.01 0.00 1.00 8 Sunday Peak Hour Enter 0.20 0.00 1.00 2 *Sunday Peak Hour Exit 0.14 0.00 1.00 1 Sunday Peak Hour Total 0.34 0.00 1.00 3 Note: A zero indicates no data available. The above rates were calculated from these equations: 24 -Hr. 2 -Way Volume: LN(T) = .768LN(X) + 3.654, R^2 = 0.6 7-9 AM Peak Hr. Total: LN(T) = .797LN(X) + 1.558 R^2 = 0.83 , 0.88 Enter, 0.12 Exit 4-6 PM Peak Hr. Total: T = 1.121(X) + 79.295 R^2 = 0.82 , 0.17 Enter, 0.83 Exit AM Gen Pk Hr. Total: LN(T) _ .797LN(X) + 1.558 - R^2 - 0.83 , 0.88 Enter, 0.12 Exit PM Gen Pk Hr. Total: T = 1.121(X) + 79.295 R^2 = 0.82 , 0.17 Enter, 0.83 Exit Sat. 2 -Way Volume: T = 2.136(X) + 18.473, R^2 = 0.66 Sat. Pk Hr. Total: LN(T) = . 814LN (X) + --.115 Sun. 2 -Way Volume: LN(T) = .863LN(X) + .306, R^2 - 0.5 Sun. Pk Hr. Total: LN(T) = .605LN(X) + -.228 R^2 = 0.56 , 0.58 Enter, 0.42, Exit Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS 'l , 10 2 TO: Distribution Below 4 a abort, Director FRoru ` P g DeP,.m c t CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: May 18, 1999 FILE: SUBJECT: Extension of time: Brickeli on the River MUSP; 27 S.E. 5'h Street REFERENCES: Resolution No. 95-597 ENCLOSURES: Adopted: July 13, 1995 Pursuant to Section 1706, Zoning Ordinance 11000, it is hereby directed that this memorandum modifies ',the developzaYent oidef-for the Brickell on the River Major Use Special Permit, by provingMtf>le a 'two year lure extensidn rad modifications set forth in this memorandum. This modification'ro ed wrth F F '.Suit• VC4.1 -lug' ..ci. , coadttrons as specified bel w, and shall become effective only upon compliance wrtii,iliese condtons. . vl'... .. .. .. .; , . This approval is based on findings that the proposed modification is a "de minimus" nonsu�stantiaI change to the Major Use Special Permit issued by Resolution 95-597, adopted July 13, 1995. Resolution 95-597 is hereby amended as follows: RESOLUTION NO. 95-138 A RESOLUTION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE 11000, FOR THE BRICKELL ON THE RIVER PROJECT, OF NOT MORE THAN 508 RESIDENTIAL UMTS AND 325 RESIDENCE HOTEL UNITS, 652 PARKING SPACES AND ACCESSORY COMMERCIAL AND RECREATIONAL SPACE, TO BE LOCATED AT APPROXIMATELY 27 SOUTHEAST 5'H STREET; MAKING FINDINGS; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVID TNG FOR AN EFFECTIVE DATE. Section 7. This Major Use Special Permit shall expire tears W06 Q Ipmssd an 91124;) on August 12, 2001 (due to a time extension grained on ME 18 1999. 01-- 782 The following conditions shall be met prior to August 12, 1999 or the subject Development Order shall be deemed expired. Conditions 1. The applicant shall pay all applicable DRI Fees now due to reserve the necessary development credits from the Downtown DRi.. Based on the Development Program which was approved, the Pleinaing Department has estimated the fees now due at S73,786.75. This was figure was based on 508 residential units, 325 hotel rooms and 17,426 square feet of office space. 2. The applicant shall submit a traffic analysis update (or statement) which confirms that the original traffic study which was conducted for the Brickell on the River Project, is still valid given changes in the adjacent area traffic volumes. 3. The applicant: shall make the roof area of the proposed strictures available to the City of Miami for any necessary communications/aatenna equipment at no charge to the City. Upon compliance with these condititaas,'tliePlanming Department shall issue a Letter of C6moli ace which shall effectuate this time:extension: - - - Attachments Distribution with attachments: Lourdes Slazyk, Assistant Director Department of Planning and Development Frank Rollason, Director Building and Zoning Department Juan Gonzalez, Acting Zoning Administrator Building and Zoning Department Teresita L. Fernandez, Chief Office of Hearing Boards Adrienne Friesner Pardo, Esq. Attorney for applicant Brickell on the River Major Use Special Permit File 01- 782 ..I • 6�E�N8�NG • A T T 0 R N C Y S A T L A• INflll�l6 Adtime Fliazer Pardo 305-579.0683 B -=ail: pardoa@gdaa.com January 25, 1999 VIA. RAND DELIVERY Ms. Ana M. Gelabert-Sanchez Planning Department City of Miami 444 S. W. Second Avenue Miami, Florida 33128 Re: Brickell on the River-Major'Use Special Permit ("MUSP.") `^` 27 Southeast 5th Street Dear Ana: Cn v+n �c o rn On behalf of Brickell on the River, Inc., we are requesting a second two-year extension to the MUSP which was issued pursuant to Resolution No. 95-597. The expiration date of the M 'USP is August 12, 1999 and we are requesting an extension until August 12, 2001 pursuant to Section 1704 of the Zoning Ordinance. The MUSP was approvejW y the City Commission on July 13, 1995. In addition, we are also requesEing a two year extension on the reservation of development credits pursuant to the Downtown DRI. Icor your assistance, enclosed is a copy of the NMSP and extension granted on May 12, 1997. Enclosed herewith is the extension request application fee totaling 53,000.00. Thank you very much for your attention to this matter. Sincerely, Adrienne >riesner Pardo Enclosures cc: Mr. Scott Miller Ms. Lourdes Slazyk Lucia A. Dougherty, Esq, M IAMI/PARDOA/ I014da9/lgxt011.000Ir11/99 GRCEN9ERC TRAURIr„ P.A. 1:21 ORICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAx 305-379.0717 www.gtiaw.com {i ,.. 7 8 MIAMI NCW YORK WASHINGTON, D.C, ATLANTA PHILADELPHIA TYSONS CORNEn 9Au PAULO V FORT LAUDERDALE WEST PALM BEACII ORLANDO TALLAHASSRE BOCA RATON C;TY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM .0 Distribution Below dacc L. Luf4 Director , % - Department of Planning and Development :AT: SUBJECT May 12, 1997 Extensior. of time: Brickell on the River NfUSP; 27 S.E. 51 Street REFE,_NcES Resolution No 95-597 ENCLOSURES Adopted: July I3, 1995 Pursuant to Section 1706, Zoning Ordinance l 1000, it is hereby directed that this rriemoraodum modifies'' ; the development order for the Brickell on the River Major Use Special Permit, by approving the a two year time extension and modifications set forth in this memorandum. This modification• is, approved'fimdirie that the proposed modification is a "de minimus" nonsubstandal change to the Major Use Special Pernlit'issued by Resolution 45-597, adopted 'uiy 13, 1995. Resolution 95-59" is hereby amended as follows: RESOLUTION NC. 95.138 A RESOLUTION, WI"I H ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLES ' AND 17 OF ZONING ORDINANCE IIOCO, FOR THE BRICKELL ON THE RJVER PROJECT, OF NOT MORE THAN 508 RESIDENTIAL UMTS AND 325 RESIDENCE HOTEL UNITS, 652 PARKING SPACES AND ACCESSORY COMIvfERCIAL AND RECREATIONAL SPACE, TO BE LOCATED AT APPROXIMATELY 27 SOUTHEAST ;" STREET; MAKRJG FINDINGS; . PROVIDCNG FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. s • a Section 7. This Major Use Special Permit shall expire true-E'111-�wacs on August 12, 1999 (due to a time extension Granted on 5/12/97) "herain - Attachments Distribution with attachments: Lourdes Siazyk, Assistant Director Department of Planning d Deveiopdient:- Santiago Jorge Ventura, Interun Director; _ Building and Zoning Department , Juan Gonzalez, Acting Zoning Administratof . Building and Zoning Department Teresita L. Fernandez, Chief Office of Hearing Boards �• ? — `Fd:i .�('i ♦ a�. � .a . i rt•. ist y si � � , ... , �� 7i .� -�+f , _ . y• Adrienne i:riesiier Pardo, aq. N u • ,i —t�' ,� tyus mr iS q„r > t t:i:� fi d'1 eliizr nnw� .J"t s,.ir'Sa y {r• a.�i•:f; •^-A,a.� � 1•», ' �. ` "Attorriey'..for'. a'pltcarit•4.i,,�;�•:�- .;r r•,..'# P 'fir-M:s.,,,�,:: �f3��C;2 ;-s�`� Iri4�L 1( (�✓J� a �''•a.i t?�t"''" ( �. »+ 1 ,�.. ' �•+�= ri,:7%S i�v jy�� •a��ti;YrT.. � � r�rr. � 41�.•,•atC�A•i(� .#.tFJ, . ! F .-, J(,.{k!"r w•rr1•.t ii lel (,T •.v 'ti,•rr i. ' Brickeil on the RiverTvta�ec Use Special Ptmit Fiie ' 5 1::.a,.�_,f:n;L,'r a-�.fM1=: ((�1,. ? ir} taYt!]SJ'ti.7r•> f7lciA. ::., ,V-H(t�•. .. '�_c'i Y�/: a�lv+,w 6�,�'i3% '. � ��a f � i - � • .ins ..✓ i.i'�'� ' 01- 752 � GflEENBEB6 • iflEfl�Bl6 Adriam Prima Pardo 303.379.0683 E-mail• pardoa@glaw.cam March 26, 1997 VTA HAND DELIVERY Mr. Jack Luft, Director Department of Community Planning and Revitalizatioa- City of I'vfiami 444 S. W. Second Street Ivfiami;'Florida "'•;� Re: Brickell on the River -;'Major Use Special Permit C MUSP") 27 Southeast 5th Street Dear Jack: On behalf ofBrickeil on the River, Inc., we are requesting a two-year extension to the MUSP issued pursuant to Resolution No. 95-597. A copy of the MUSP is enclosed for your information. The expiration date of the MUSP was August 12, 1997 and we are requesting an extension until August 12, 1999 pursuant to Section 1704 of the Zoning Ordinance. The MUSP was approved by the City Commission on July 13, 1995. Enclosed herewith, is the extension request application fee totaling 52,000.00. Thank you very much for your attention to this matter. Sincerely, .-�..-.. PCA� Adrienne Friesner Pardo Enclosures cc: -Ms. Lourdes Slazyk Mr. Howard Shapiro Lucia A. Dougherty, Esq. NIAb1U8AYi'IFJ/SSat6 %b@oIIAOf' V" GREENiERc TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL. P. A. 1221 BRICKELL AVENUE MIAMI. FLORIDA 33131 305.579.0500 FAX 305.6 79-0717 01. Ny M1Art FORT LAUDERDALE W BST PALM BtACH TALLANASSEE New YcRx WASHiNCTON. D4, STATE OF FLORIDA COUNTY OF DADE •REU6998PcO802 • AFFIDAVIT_OF SCRIVENER'S ERROR )ss ) 9 5 R 4 7 b 2 14 1995 HOY 20 15:45 BEFORE ME the undersigned authority, this date personally appeared, JACK LUFT, the Director of the Department of Community Planning and Revitalization for the City of Miami, who being by me first duly sworn, upon oath deposes and says: 1. That Resolution No. 95-597 of the City of Miami approves a major use special permit for the Brickell On the River Project. 2.That- said rResolution refers to the applicant as being., Pacific International Equities, Inc. 3. That the owner of the property in question is Brickell on the River, Inc. and therefore the correct applicant for the project .is.Brickell on the River, Inc. 4. That the pages attached hereto are made a part of this .Affidavit and to the extent that the applicant is referred to as Pacific International Equities, Inc., said applicant is, in fact, Brickell On the River, Inc: CITY OF MIAMI DEPARTMENT OF COM!= -TY PLANNING AND REVITALIZATION BY: J STATE OF FLORIDA ) `" )SS: COUNTY OF DADE The foregoing instrument was acknowledged before me this�� day of November, 1995 by JACK LUFT. He personally appeared before me, is/.acre personally known to me and -Ed+d} (did not] take an oath. OFFICIAL NOTARY SEAL'-� NotaU^� LUCIA DOUCl�iERTY NOTARY PU(I MARTA .CSIZA ] Print DOUGHERTY COMMISSION NO. C073304 NotaC iIMY COMMISSION EXP. APR. 30,1997 I My C C Omm 782 EXHIBIT "B" • OFF. pt pE,.16998 QSQ3 J-95-607 7/1.2/95 r _ ,� RESOLUTION N0� �= A RESOLUTION, - WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT' PURSUANT TO. ARTICLES 13 AND' 17 OF ZONING ORDINANCE NO. 11000, FOR THE BRICKELL ON THE RIVER PROJECT, OF NOT MORE THAN 508 - RESIDENTIAL UNITS AND 32S RESIDENCE HOTEL UNITS, 652 PARKING SPACES AND ACCESSORY COMMERCIAL AND RECREATIONAL SPACE, TO BE LOCATED AT APPROXIMATELY 27 SOU'T'HEAST STH STREET; MAKING FINDINGS OF ..FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; AND CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. - WHEREAS, on April 19, 1995, the applicai'ir, Pacific International Equities, Inc., submitted a complete Application for Major Use Special Permit for the Brickelj an the Raver Project pursuant to Articles 13 and 17 of zoning .('rdinance No. 11000, for that parcel located at approximately 27 Southeast Sth Street, Miami, Florida, as legally described on "Exhibit B", attached hereto and in "Exhibit A", the Development Order attached hereto; and WHEREAS, development of the Brickell on the River Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and %71EREAS, the Large Scale Development Committee met. on March 28, 1995 and the Urban Development Review Board met on June 13., 3.955, to consider the proposed project and offer its input; and ATTACHMENT (� ONTAIHru (it- 782 .CrrY cols assraN MEE=LNC OF JUL 1 3 1Q95 �aasgtu WHEREAS, the applicant has modified 'the submittal to reflect recommendations received at said Large Scale Development Committee and Urban Development Review Board meetings; and WHEREAS, the Miami Planning Advisory Hoard, at its meeting held on June 21, 1995, Item No. 4, following an advertised public hearing, adopted Resolution No. PAB 31-95 by a vote of six to zero (6--0) , RECOMMENDING APPROVAL of the Major Use Special Permit Development Order -as attached hereto; and WHEREAS, the City Coitiittission 'desacs it advisableand iri;"the.::_ best interest of the general ; :welfare _ of .the City ,of Miami to issue a Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this 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 1.7 of Zoning Ordinance No. 7.1000, for the Brickell on the River Project (hereinafter referred to as the "PROJECT") to be developed by Pacific International Equities, 01- 782 - 2 - .• • RE0.1f 998Pr0805 Inc. ("Applicant"), at approximately 27 Southeast 5th Street, Miami, Florida, more particularly described on "Exhibit B attached hereto and made a part hereof. Section 3. The PROJECT is hereby approved for the construction of up to 905,027 quare feet of habitable residen ; -mea; 288,736 square feet of hotel units; 17,426 square feet of office space; and 3.0, 729 square feet of lobby, restaurant, recreation and meeting room space. Section 4: The findings of fact:' set. fo..... :', k�e a' =e. hereby made with respect to the subject PROJECT_: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2800, as amended. b. The PROJECT is in accord with the SD -7 District 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, offstreet parking and loading, refuse and service areas, signs and lighting; t drainage, preservation of natural fea! control of potentially adverse effects ! 1 OFr AE:. 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 $8'7 million, and to employ approximately 3S2 workers during construction (FTS), and to result in the creation of approximately 300 permanent new jobs. The ;PROJECT,:,�, will�ngenerate l •.approximatey $4 9 ini.liion azinually in :ad rem -"',"Lax revenues to local units of government (19.95 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; ©i-- 782 4 - ' •• QFT:�F1.�tiTA��'�1'� (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 neigiuborhood; the PROJECT will not adversely 42fecr public __. safety; 1 • (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 5. The Major Use Special Permit, as approved and amended, shall be binding upon the applicants and any successors in interest. J 782 - 5 - Section 6. The application for Major Use Special. Permit, which was submitted, on April 19, 1995, and on file.with the Planning, Building and Zoning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is made ,a part hereof by reference. Section 7. 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 a The -City "Manager is.: hereby directed to instruct the Director of Planning, Building and Zoning to. transmit a copy of this Resolution and attachment to the developers: Pacific International Equities; Inc., 1.1098.piscayne .Boulevard, Suite 402, Miami, Fl. 33161. Section 9. The Findincs of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the Brickell on the River Project, which is attached hereto as Exhibit "A" and made a part hereof by reference, as more particularly described in Hxhibit ^A". Section 10. The Major Use Special Permit Development Order for the Brickell on the Enver Project (Exhibit "All) is hereby granted and issued. Section 11. In the event that any portion or section of this Resolution or the Development Order (Exhibit "A") is determined to be invalid, illegal, or unconstitutional by a court Of- 782 - 6 - or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order (Exhibit "All) which shall remain in full force And effect. Section 12. This Resolution shall became effective thirty (30) days after its adoption. PASSED AND ADOPTED this 13th. day of July 1995 STE i8N P . CLARK�MAY 0R ATTEST: \17 \ WALTER J. OEMAN, CITY CLERK PREPARED AND APPROVED BY: [TTY • CITY.. 16/JEM/mis 7 - APPROVED AS TO FORM AND CORRECTNESS: QtjI J NES , I I I CITY// A Y 4) 1 ``' 7 8 2 OFF EXHIBIT A ATTACHMENT TO RESOLUTION NO. 95-597 DATE: July 23, 1:995 anmmLL *ON TEE RIOTER PROJECT MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be known that pursuant to Articles 13 and 17 of Ordinance No. i1000, 'the Zoning Ordinance of the City of Miami, Florida, .as amended, the Commission- °of .the City 'of Miami`:'; ;Florida;. has- considered in a public hearing, t_he issuance of a Ma3or Uee Special Permit for the Brickell.on the River Project (hereinaf•te.r. referred to as the "PROZECT") to be located at approximately 27 Southeast 5th Street, Miami, Florida; see LegaldescriLhtion on "EXHIBIT B", attached hereto and made a part hereof; said legal description is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Planning Advisory Hoard 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 hereby issues this Permit: 01- 782 0 [:1699&&0811 FINDINGS OF FACT PROJECT DESCRIPTION•: The proposed Brickell on the, River Project `is a residential and hotel use development located at approximately 27 Southeast 5th Street, Miami, Florida ("Project") The PROJECT is located on approximately 4.129 gross acres and 2.373 net acres of land (more specificallys;described on Hxhibi.tr-iB, ° --incorporated herein by reference) . ,,.Thq",remainder .of the PROJECT's VITAL DATA is attached hereto as "EXHIBIT C", and incorporated herein by reference. Among the amenities which are being provided, tl�gre is a cafe/restaurant of approximately 4,430 square feet (seating approximately 1.20 people). Tower Dae will include a swimming pool, sun deck and extensive landscaped outdoor area, a health spa and two racquetball courts. Tower Two will include a swimming pool, sun deck and meeting rooms. The Project will also include an improved riverwalk along the Miami. River with benches and security lighting. The ownership, operation and maintenance of common areas and facilities will be by a mandatory property owner association in perpetuity pursuant to a recorded Declaration .of Covenants and Restrictions. The Project has been designed with the coal of maximizing the property's unique location on the Miami River overlooking 1- '782 Page 2 Downtown Miami. The two residential towers will compliment the Central Brickell District and offer magnificent views Of 'Downtown Miami and Biscayne Bay. The Project. consists of a wide, well. integrated Riverwalk which surrounds the Project's northern waterfront edge. No variances, special exceptions, rezoni.rigs or land use changes will be required for this permit. The Project also reflects suggestions received at the Miami Large Scale Development Committee meeting of March 28, 1994 and the Urban Development .Review=Bbard meeting': of... June.'.13, i935 . The Project shall be constructed. substantially in _':'accordance with plans and design schematics on file prepared by Bermello, Ajamil & Partner Inc., dated 5/6/95 and 5/8/95, with revisions dated 5/15/95 and signed and sealed on 5/25/95; said 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 Planning, Building and Zoning Department prior to the issuance of any building permits. The PROJECT conforms to the requirements of. the S5-7 Zoning District, as contained in Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. The existing comprehensive plan, future land use designation allows the proposed mixture of commercial and r-esidential uses. The application for development approval also includes a required approval of a Class I Special Permit for the proposed swimming Pools . Pursuant to Articles 13 and 17 of Zoning Ordinance 01- 782 Page 3 • aFr 16998prO813 No. 11000, approval of the requested Major Use Special Permits) shall be considered sufficient for the subordinate request referenced above. The PROJECT may be constructed with up'to 905,027 square feet of habitable residential area; 288,736 square feet of hotel units; 17,426 square feet of office space; and 30,729 square feet of lobby, restaurant, recreation -and meeting room space. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND. /OR. ASSIGNS, JOINTLY;OR SEVERALLY, SHALL DQ THE FOLLOWING: 1. An interim landscape and facade plan for the Southeast 5th Street (south) facade shall be prepared and submitted for the review and approval. of the Director sof the Planning, Building and Zoning Department prior to the issuance of any building permits; said plan shall specifically address interim plans for the south facade to be implemented between phases of the. Project, or in the event that Phase II is never constructed or delayed. 2. The Projects final landscape plan shall be modified, per the recommendation of the Urban Development Review Board, by providing Coconut Palm trees along the river -walk, where Royal Palms are now specified, and by providing Royal Palms 782 Page 4 °Ff:16398tc081� along the east side of the -property, where Washingtonian Palms are now specified. 3. Meet all applicable building codes, land development regulations, ordinances and otter laws. • 4. Within six (6) months from the issuance of the .Major Use Special Permit, - provide a list of agencies from which approvals and/or'permits must be obtained prior to tiatioii of development and the permit or approval required of each. S. Prior to issuance of a building permit, allow the Miami. Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans,or demonstrate to the Planning Director why such recommendations are impractical. 6. Prior to issuance of a building permit, provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members 01- 782 Page 5 '� OFF REC:16998P�081b . • AEC. • of the Fixe 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. 7. 'Prior to issuance of a building permit, provide a letter of assurance ,from the . Solid Waste ,a Department that the PROJECT has addressed .;all',; _.. conce=ns,o€ the said Department. 8. Prepare a Minority Participation and Employment 4 Plan to be submitted within ninety (90) days of the issuance of this Major Use Special. Permit to the City's Director of M-inority and Women Business Affairs for review and comments, it being understood that the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. :.9. Prepare a Minority Contractor/Subcontractor Participation Plan within ninety (90) days of the issuance of this Major Use Special Permit to the City's Director of Minority and Women Business Affairs for review and comment, it being understood that the City's Minority/women �11- '782 Page 9 • REf :Jf g98?fO816 Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. 10. Record in the Public Records of Dade county, Florida, within six (6) months of'the effective date of the development order, a Declaration of Covenants and. Restrictions providing that the. ownership, operation and^ maintenance cit all common areas and" -facilities;, will be'".:, mandatory property owner aseoc'iatzon is R perpetuity 11. Record a certified copy of the development: order within ninety (90) days of its effective date with the Clerk of the Dade County Circuit Court specifying that the development order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. 12. Record in the Public Records of Dade (:ounty, Florida, within six (6) months of the effective date of the development order, a Unity of Title for the subject property. 13. The Dade County Archeologist shall be notified prior to any ground disturbing activities so that archeological monitoring can take place. tai— '782 Page 7 r aEq�C:169�sP�oa1'� • THE CITY SHALL: 1. Subject to payment of all applicable fees due, establish the effective date of this Permit as being thirty (3 0) -days from the date of its issuance with the'issuance date constituting the commencement of the thirty (3 0) day period to "appeal from the provisions of the Permit. CONCLUSIONS OR LAW.,: V. ..?•1.7-.:.9A The Brickell on ~the River Project, proposed by the applicant, Pacific International Ecquites, •Inc. ("Applicants,), 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 land development regulations and further, pursuant to Section 1.703 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 (4) the 'PROJECT will efficiently use necessary public facilities: and 782 Page 8� . '.• •REC. (5) the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect living conditions in the neighborhood; and (7) the PROJECT -will not adversely affect public safety; and (8) the public welfare viiil be served by the PROJECT; and (9) any potentially... adverse effects of the PROJECT' will be Tri tigated-throdgh'-conditions of this Major use Special Permit, t 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 sevri.ce 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. (d2 ] <musps / 9 5 >brickel.l/RIVER/do 01- 782 Page 9 EXHIEBIT LEGAL DESCRIPTION FROM A CONCRETE MONUMENT AT THE INTERSECTION OF THE EASTERLY LINE OF BRICKELL AVENUE WITH TAE NORTHERLY LINE OF S.E. FIFTH STREET, AS PER PLAT RECORDED AT PAGE 93, OF PLAT BOOK 8, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, RUN NORTH 76 DEGREES 39' 35 " WEST ALONG -SAID NORTHERLY LINE OF SAID S.E. FiFI'i-i STREET FOR A DISTANCE OF 552.5 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 13 DEGREES 10' 55" EAST FOR A DISTANCE OF 432.68 FEET TO A POINT IN THE U.S. HARBOR LINE ALONG THE SOUTH SIDE OF THE MIAMI RIVER AT THE NORTHEAST CORNER OF THE TRACT HEREIN DESCRIBED; THENCE RUN NORTH 74 DEGREES 08'01'! WEST ALONG SAID HARBOR LINE FOR A DISTANCE OF 175.56 FEET TO AN ANGLE IN SAID HARBOR LINE; . THENCE RUN SOUTH 80 DEGREES 42' 26 " WEST ALONG SAID HARBOR LINE FOR A DISTANCE OF 124.22 FEET TO THE NORTHWEST CORNER OF THE TRACT HEREIN DESCRIBED; THENCE RUN SOUTH 1 DEGREE 51' 17" EAST FOR A DISTANCE OF 413.75 FEET TO A CONCRETE MONUMENT IN THE NORTHERLY LINE OF THE SAID S.E. 5TH STREET AT THE SOUTHWEST CORNER OF THE TRACT HERET—N DESCRIBED; THENCE RUN NORTH 88 DEGREES 13'13m EASTALONG SAID NORTHERLY LINE OF SAID S.E. 5TH STREET FOR A DISTANCE OF 26.97 FEET TO A CONCRETE MONUMENT MARKING THE LOCATION OF AN ANGLE IN SAID NORTHERLY LINE OF SAID S.E. STH STREET; THENCE RUN SOUTH 76 DEGREES 39'3 5 "EAST ALONG SAID NORTHERLY LINE OF SAID S.E. 5TH STREET FOR A DISTANCE OF 155.48 FEET TO THE POINT OF BEGINNING, TOGETHER WITH ALL AND SINGULAR THE RIPARIAN RIGHTS THEREUNTO BELONGING OR IN ANY WISE APPERTAllsaNG WHETHER OF COMMON LAW, STATUTE LAW; OR OTHERWISE, AND SOMEITIXES DESCRIBED AS THE WESTERLY PART OF LOT 1, BLOCK 103, MIAN9 SOUTH, BEING 182.45 FEET AT SOUTH END AND 299.78 FEET AT NORTH END; TOGETHER WITH RIPARIAN RIGHTS. ol- 782 _ � AE�.1V�ou► �'vu�.+t PROJECT Handicapped Spaces Required DATA SHEET 11 spaces Handicapped Spaces Provided 18 provided , I0. Opea Space: Required: 5,123 sq. ft, Provided: 7,155, sq: ft. 11 i a Setbacks .. ,� c ,• r ._ wq j f�+_: {, 33 r i z r S h 1 a W �i�jln"'7'^'6^'� �i r'' '1t� i ,:.? •. Y,Y.ai f ,'if��Ia __��`� .yJ L�4-i uo• �. . _.l ' .:• «,�� rtRequtred �. yy,amy�,� hProVldaf • > tI� _ . a, •t,. S.E. 5th Street ;". - al's' a x[. .... .b �.:�,1,_ .. ' 15 R required z,, 15 R _ ;, S.E. 5th Street Upper Level C... _ 25 R 25 eft. S.E. 5th Street Ground Level '15 ft up to 48 f1::' 15 f 14 in height Upper Level 25 ft. after 48 ft. 2.5 ft. in height. ' Interior Sides: East Side Visual Corridor 30 R 25 ft. 6 in. West Side' Visual Corridor 30 ft. ? 0 R River 50 ft. _`i0 fL 01- 782 , DFC. Rf;.1,b998�r0822 • APPLICATION FOR A MAJOR USE SPECIAL, PERMIT File Number MU- - it is intended that major use special permits be required where specified uses and/or occupancies involve matters deemed to be of citywide or area -wide importance. The City Commission shall be solely responsible for determinations on applica- tions for major use special permits. (See Article 17) ''r The City Commission shall refer all applications for major use special permits to the Planning Advisory Board and to the Director of the Department of Planning, Building and Zoning for recommendations, and may make referrals to agencies, bodies, or officers, either through the Department of Planning, Building and Zoning or directly for review, analysis, and/or technical findings and determinations and reports thereon. .(Section 1301.5.) 1, Lucia A. Dougherty hereby apply to the Director of Planning, Building and Zoning of the City of Miami for approval of a Major Use Special Permit. under the provisions of Article 17 of the City of Miami Zoning.Qrdinance Address of Property: 27 S.E.• 5th. Streetr Miami, Florida Nature of Proposed Use (lie specific):, ';• Approval for 2 residential towers (508 units) with a residence hotel. (325 units), off.-ces and a restaurant. Preliminary Application 4� I attach the following in support or explanation of the Preliminary Applica- tion: 1. Two copies of a survey of the property prepared by a State of Florida Registered land Surveyor. 2. Affidavit disclosing ownership of property covered by application and disclosure of interest farm (attach Forms 443 and 4a-83 to application. 3. Certified list of owners of real estate within a 375 -foot radius from . the outside boundaries of property covered by this application (attach Form 6-83 to application). 4. Maps of: (a) existing zoning and (b) adopted comprehyensive plan designa- tions for areas on- and around the property covered by this application. S. General location map, showing relation to the site or activity to major streets, schools, existing utilities, shopping areas, important physical I eatures in and adjoining the project, and the like. 6. Concept Plan (a) Site plan and relevant information. Section 1304.2.1 (d through h) (b) Relationships to surrounding existing and ,proposed future uses, and activities, systems and facilities (Secti.on 1702.3.2a). (c) How concept affects existing zoning and adopted comprehensive plan principles and designations; tabulation of any required variances, special permits, change of zoning or exemptions (Section 1702.3.2b). 7. Developmental impact Study (an application for development approval for a Development of Regional Impact may substitute). Page 1 of 2 01,~1(f`6 ' o�E.�.E998PcQ�23 APPLICATION FOR A MAJOR USE SPECIAL PERMIT (Continued) a. Other (Be specific): see attached supplemental docwaent 9. Fee of $ 30,000 based on Ordinance 10396. , Additional fees for any required special permits, changes of zoning, or variances .shall,be in• accord.-oith zoning fees as listed in., Sectton 62-61 of the City Code.and Ordinance 10396. Fee tabulation: Building(s)- Other (Specify): Total S 30,000 �• L Final Alplicati;;awjn 'i.: rttr�g �..tiIT t ry,4) J�'i fie fotlowin ` l additional N informat�on"tsrt oryl�i�planation ;of 'the fia�aappiIcatton:- t fir,f I�+fw rr " it Vali+ . 7 Signature r orized Agent Lucia A. ooughe::tf Home: Address: City, State, Zip: Phone: This application is [ ] approved (] denied in accord with City Commission Resolution Number: Other: Sergio Roriguez, Oirector Planning, Building and Zoning Oepartment nate : Page 2 of 2 ©1— 782 RE;.IVJJ�J' vV,c.t� AFF10AV'!T STATE OF FLORIDA ) SS: COUNTY OF DADS ) Before me, the undersigned authority, this day personally .appeared Lucie=.•-Dgugherty , .who being by me first duly sworn;= upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting•the accompanying application for a public hearing as required by Ordinance 11000 of .the Code of the City of Mi ami , . F1 arida, affecting the real property -1oc•ated in the City of,, M7am�., as ...and 1i;teond`-the pages attached to this affidavit and made apart thereof. 2. That all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the ghange'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, phone numbers and legal descriptions for the real property of which he 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. i- (SEAL,) (Name) Lu a A. Otugherty Sworn to and Subscribe -1 befoC.�a me this _� day of - �1 10� OFF IAL NOTARY SEAL ADRIENNE FRIFSNER PAROD NOTARY PUBLIC STATE OF FLORIDA Notary–Public, State f Florida at Large COMMISSION No CC426765 My Commission Expires: MY COMMISSION EXP. DEC. 21,1998 Personally known, oath taken 0'.1-- 782 rF� Frogvrr STATE OF FLORIDA) SS. COUNTY OF OACE ) 4. The `acts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. { e) ;(Sis) Sworn to and Subscribed before me this Iday of�� Notary Pu ric, State of Florida at large City Commission Expires. Lucia' A. Dougherty •ADRIE,',� P,K.:r N(7rARY PCHI.!C �?+t -- r- ` ••1T•1n)' SLAL, ;LIC' iTAQ OF FLORIDA �'• �' haC'�. \'�� CCIU765 21,!998 Before me, the undersigned authority, this day personally appeared who being by me first duly sworn, upon oath, -deposes and -says. _ 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing. as required by Ordinance No. 11000 of the Code of the City of Miami, Florida,+ effecting the real property located in thif City of Miami as described and ' listed on the pages attachad,,toithis affidavit and made" a p e eof .,:• {- ,. '' ' r . `'t:... r, rr. .. t ... .►.inivr, Zfl �':••'''s ..:�' ,y 2 "' ihat 'al1'OWnePS 'WVdh�fie�i'epreseots, f.r-- r zzt "�, .� r ' ,4•r , full and complete perm�ssi'on>for_him to act in;their behalf far the change' 17 or modification of a classification or regulation of zoning as set.out in the accompanying petition. J. That the pages attached hereto and made a part of this affidavit f contain the current names, mailing addresses, phone numbers and tt;gal''.•• -- descriptions for the real property which he is the owner or legal representative. 4. The `acts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. { e) ;(Sis) Sworn to and Subscribed before me this Iday of�� Notary Pu ric, State of Florida at large City Commission Expires. Lucia' A. Dougherty •ADRIE,',� P,K.:r N(7rARY PCHI.!C �?+t -- r- ` ••1T•1n)' SLAL, ;LIC' iTAQ OF FLORIDA �'• �' haC'�. \'�� CCIU765 21,!998 11 OWNER'S LIST Owner's Name 8rickeli Ort The River, Inc. Mailing Address. 11098 Biscayne Blvd, Suite 402. Miami, Florida 33161 Telephone Number 891-7987 Legal Description: See attached Exhibit "A". Owner's Name Mailing Address Telephone Number' r Legal De ion dt t� ..�,�"zi�►��,,����.,-�e�L,,.�� �,� a x } t�i'f p�iff ik +G.r++�j .1'l�wi "rr--i�'i':7�Fi`rf°1i. '�':.[• a .. ' ..�.. i Si n ,. 7. r: _ r-'_ a2 a •�" � t.. .. .. �.. ._.� nr is >.pa a -. C.fmv ei ... . • Owner's Name Mailing Address 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 Legal Description N/A Street Address Street Address Legal Description Legal Description 01. 782 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: 27 S.E. 5th Street, Miami, Florida See attached Exhibit "A" for legal description 2. Owner(s) of subject .real. property and percentage of ownership., Note: City of Miami Ordinance No. 9419 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 #z requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. See attached Exhibit."B". :-�.+t:i .i r+L w .i•ra{r r1 . r.. ...:. .r.r. j ..'r• .<a �' �Lt. sE..J4'�, •- i `w. - i.� r•.{ 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. :a OWNER `0flr'ATTORNEI' FOR OWNER+ Lu01a A. Dougherty STATE OF FLORIDA ) SS: COUNTY OF DADE ) Lucia A. Dougherty being duly sworn, deposes and says that he is the (Owner) (Attorney for Owner) of the real property described in answer to question #1, above; that he has read the foregoing answers and that the same are true and complete; and (if acting as attorney for owner) that he has authority to execute the Disclosure of Ownership form on alf of the owner. _(SEAL) (Name l.0 'a A. Dougherty SWORN TO AND. SUB.$CRIBED before ane this i day � Notary Public, Stade of Florida at I.arge MY COMMISSION EXPIRES: Personally known, oath taken lM\Iroaa\11 UM. l\M/ H�1/ OFF(CIAL-NOTARY SEAL ADRIENNE FRIESNER PAROL+ NOTARY PUBLIC STATE OF FLOR!i I,- CUu+NISSION t1JO CC4287S= AIYco.kimisstON EXP. I)EC. Zi. i- I ot- 782 • REC.-LVAJ01j, EXHIBIT "A" •1 LEGAL DESCRIPTION FROM A CONCRETE MONUMENT AT THE INTERSECTION OF THE EASTERLY TINE OF BRICKELL AVENUE WITH THE NORTHERLY LINE OF S.E. FIFTH STREET, AS PER PLAT RECORDED AT PAGE 93, OF PLAT BOOK 8, OF THE PUBLIC RECORDS OF _ DADE COUNTY, FLORIDA, RUN NORTH 76 DEGREES 39'351 " WEST ALONOT SAID NORTHERLY LINE OF SAID S.E. FIFTH STREET FOR A DISTANCE OF 552.5 FEET TO .THE POINT OF BEGI1 NTNG; THENCE RUN NORTH 13 DEGREES 20'55" EAST FOR A DISTANCE OF 432.68 FEET TO A POINT IN THE U.S. HARBOR LINE ALONG THE SOUTH SIDE OF THE MIAW RIVER AT TIM NORTHEAST CORNER OF THE TRACT HEREIN DESCRIBED; THENCE RUN NORTH 74 DEGREES 08'01" WEST ALONG SAID HARBOR LINE FOR A DISTANCE OF 175.56 FEET TO AN ANGLE IN SAID HARBOR LINE; THENCE RUN SOUTH 80 DEGREES 42'26 " WEST ALONG SAID HARBOR LINE FOR A DISTANCE OF 124.22 FEET TO TJJE NORTTIHWEST CORNER OF THE TRACT HEREIN DESCRIBED; .:h '( THENCE RUN SOUTH 1 DEGREE 51' 17" EAST FOR A DISTANCE OF 413.75 FEET TO . J A CONCRETE MONMMNT IN THE NORTHERLY LINE OF THE SAID S.E. 5TH STREET AT THE SOUTHWEST CORNER OF THE TRACT HEREIN DESCRIBED; THENCE RUN NORTHIS DEGREES 13' 13" EAST ALONG SAID NORTHERLY LINE OF SAID S.E. STH STREET FOR A DISTANCE OF 26.97 FEET TO A CONCRETE MONUMENT MARKING THE LOCATION OF AN ANGLE IN SAM NORTHERLY LINE OF SAID S.E. STH STREET; THENCE RUN SOUTH 76 DEGREES 39'35 " EAST ALONG SAID NORTHERLY LINE OF SAID S.E. STH STREET FOR A DISTANCE OF 155.48 FEET TO THE POINT OF BEGINNING, TOGETHER WITH ALL AND SINGULAR THE RIPARIAN RIGHTS _ THEREUNTO BELONGING OR TN ANY WISE APFERTAIMNG WHETHER OF COMMON LAW, STATUTE LAW, OR OTHERWISE, AND SONMTRAES DESCRIBED AS -� THE WESTERLY PART OF LOT 1, BLOCK 103, MIAMI SOUTH, BEING 182.45 FEET AT SOUTH END AND 299.78 FEET AT NORTH END, TOGETHER WITH RIPARIAN RIGHTS. DIORY OF PROJECT PRINCIPAL FOR BRICKELL ON THE RIVER. Owner/Developer: Pacific International E 11098 Biscayne Blvd., Suite 4e02 Inc. Miami, FL 33161 - Tel h Architect: ep one: (305) 891-7987 Fax: (305) 891-6854 ---- Toll Free: (800) 342-1222 Mr.. Howard Shapiro, Senior Landscape x Architect: Civil & Traffic: Economist; Attorneys: 4TH\PRIESNERA\145396.1 Vice President Bermello, Ajamil & Partners, Inc. N 2601 South Bayshore Drive, Suite 10000 Miami, Florida 33133 Telephone: (305) 859--2050 Fax: (305) 859-9638 Mr. Willy BermeYlo Ms • Teresita Castellanos,. Garcia . (beeper 952-984$ (c : 301 Y Mr. Rai Fernandez ar<.�:.3,3 `; t)x�',. :(beeper 952-9848) ;,. !r�c : '; .=.�.... .._..,•.. . +P Y; Bermello, Ajazil & Partners; I:nc.' 2601 South Bayshore Drive;-'Sui.t.e•-1.0000 Miami, Florida 33133 Telephone: (305) 859 -205'0": - Fax: (305) 859-9638 Ms. Nancy L. Siemion Bermello, Ajamil &.Partners, In -,- 2601 South Bayshore Drive, Suitla 10000 Miami, Florida 33133 Telephone: (305) 859-2050 Fax: (305) 859--9638 Mr, vish Chowdhary Mr. Fernando Alonso Sharpton, Brunson &. 1 S.E. Third Avenue, Miami, FL 33131 Tete h Company, P , A', Suite 2100 L' one: (305) 374-1574 Fax: (305) 372-8161 Mr. Darryl Sharpton Mr. Tom Schlosser Greenberg, Traurig, Hoffman, Rosen & Quentel, P.A. 1221. Brickell Avenue Miami., Florida 33131 Fax: (305) 579-0717 Lucia Dougherty, Esq, Telephone: (305) 579-0603 Adrienne Friesner Pardo, Esq. Telephone: (305) 579-0683 Lipoff, webs f tea' HARVFY 'Co Govt of Okwt � Cot'�t t1uMV Y 782 hk bar=* PqW by, W an MWN "�n is unc LIVAU WALL Pads, 4 ulnae W4 tot tLQas,14A Ion t bbl, !S lilt IM418mat " tiaA 1:31.1111 UNITY OF TrrLE WHEREAS, Brickell on the River, inc., a Florida corporation (the "Owner") bolds fee simple title to certain property described in Exhibit "A" attached hereto and incorporated herein (the "Property"), WHEREAS, Owner recognizes and acknowledges that for the public health, welfare, safety or morals, the Property should not be divided into 'separate parcels owned by seveial. owners, provided, however, that the foregoing shall not preclude submission of the Property, or any portions thereof to the condominium form of ownership to create one or more condominiums, nor shall same preclude the sale of individual condominium units therein. In consideration of: The approval of the Major Use Special.Permit granted by the City of Miami, Florida, on July, 13, 1995 pursuant to Resolution No. 95-597 attached hereto and made a part hereof as Exhibit `93", and for other good and valuable consideration, Owner hereby agrees to restrict the use of the Property in the following manner: That the Property shall be considered as one plot and parcel of land and that no portion of said plot and parcel of land shall be sold, transferred, devised or assigned separately, except in its entirety as one plot or parcel of land, provided, however, that the foregoing shall not preclude submission of the Property, or any portions thereof, to the condominium form of ownership to create one or more condominiums, nor shall same preclude the sale of individual condominium units therein. Anything to the contrary notwithstanding, it is expressly agreed that the Property may be divided into several distinct condominiums, as well as other parcels held in fee by the undersigned, and/or its successors or assigns, and that same shall not constitute a breach of this Unity of Title. Owner further agrees that this condition, restriction and' limitation shall be deemed a covenant running with the land and shall remain in full force and effect and be binding upon the Owner, its heirs, successors, personal representatives and assigns and upon all mortgagees or lessees until such time as the same may be released in writing by the City of Miami City Commission. Notwithstanding the foregoing, this voluntary Unity of Title on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner of the Property, its successors in interest and assigns for only so long as the Owner of the Property, its successors in interest and assigns shall continue to have the rights and benefits for development of the Property pursuant to the Major Use Special Permit which was approved by City of Miami Resolution No. 95-597 (the "MUSP"). In the event that the MUSP is revoked, terminated or expired, the Director of Community Planning and Revitalization or his successor she within thirty (30) days of receipt of 01— 782 • Owner's written request, execute a written instrument in recordable form effectuating and acknowledging such revocation, termination or expiration of the MUSP and releasing the Unity of Title. The foregoing shall in no event be interpreted as providing the City with any additional rights to revoke, terminate or modify the MUSP, than those rights the City already possesses.. Signed, witnessed, executed and acknowledged on this day of 1996. Witnessed by: Brickell on the River, Inc., a Florida corporation Name: - By: Howard Shapiro, Vice President (Corporate Seal) Name: a J tyT i. i r}4 t.i �s7 X3t R1 r: i ft -r ., .. ..--•'�.. I .r71 tt: +• M '�y i. ,.l i.+i rie«ry St �r i!.. f tt Yr:. a+. t l .. .....•ri.rrY) STATI✓ OF FLORIDA COUNTY OF DADS ) The f6tegoing instriiuient was acknowledged before me this _ day of 1996 by. Howard Shapiro, as, , Vice President _o£ .Bnckell on the .River—Inc., a Florida co oratio w,.. ..,,,.�tp ,._..... i �p n,�'on• ehalf of said cacpor'ation.- 'Fie' personally appeared before me, is personally known to me or produced as identification. MY commission expires: Name: Notary Public, State of Florida Commission No. 01— '782 • • CONSENT OF MORTGAGEE AND SUBORDINATION OF MORTGAGE The undersigned, holder of that certain Mortgage Deed dated and recorded in Official Records Book _ . at Page , of the Public Records of Dade County, Florida, as amended, encumbering the real property to be subjected to the foregoing Unity of Title made by Brickell on the River, Inc., in favor of the City of Miami, Florida, hereby consents to said Unity of Title and agrees that the lien of said Mortgage Deed shall be subject and subordinate to the terms of said Unity of Title. IN WITNESS WHEREOF, the undersigned has set his hand and seal this23 day of Dece=ber . 1996. Witnessed by: Carol. P. Murphy Cristina Be STATE OF FLORIDA ) SS: COUNTY OF DADE COCONUT GROVE BANK Gus Harrison, Chairman ` (Corporate Seal) The foregoing instrument was acknowledged before me this2_3 day. of December 1996 by Gus Harrison, as chairman of Coconut Grove Bank, on behalf of said Bank. He personally appeared before me and is personally known to me or produced known to me as identification and did take an oath. [NOTARIAL SEAL] CRISTINA E t*)twy Public . 57 Ada c4mvn43wn 0=4 a. 1909 C rMrAWon N .s44 Notary Putft • ffiah or Fladda My Cortvrta dm 6Q I Apr 3. 1999 C ffWr4Idon 1 CC 446344 Notary `t - Print Name: Crigtzina Begana ' Notary Public, State of My commission expires: 01- '182 0 0 LEGAL DESCREMON FROM A CONCRETE MONUMENT AT THE INTERSECTION OF THE EASTERLY LINE OF BR.ICKELL AVENUE WITH THE NORTHERLY LINE OF S.E. FIFTH STREET, AS PER PLAT RECORDED AT PAGE 93, OF PLAT BOOK 8, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, RUN NORTH 76 DEGREES 39'35" WEST .ALONG SAID NORTHERLY LINE OF SAID S.E. FIFTH STREET FOR A DISTANCE OF 552.2 FEET TO TIM POINT OF BEGINNING, THENCE RUN NORTH 13 DEGREES 20'55" EAST FOR A DISTANCE OF 432.68 FEET TO A POINT IN THE U.S. HARBOR LINE ALONG THE SOUTH SIDE OF THE MIAMI RIVER AT THE NORTHEAST CORNER OF THE TRACT HEREIN DESCRIBED; THENCE RUN NORTH 74 DEGREES 08'01" WEST ALONG SAID HARBOR LINE FOR A DISTANCE OF 175.56 FEET TO AN ANGLE IN SAID HARBOR LINE; THENCE RUN SOUTH 80 DEGREES 42'26" WEST ALONG SAID HARBOR LINE FOR A DISTANCE OF 124.22 FEET TO THE NORTHWEST CORNER OF THEE T TACT HEREIN...; DESCRIBED; THENCE RUN SOUTH 1 DEGREE:51'17" EAST FOR A DISTANCE'OF 413.75 FEET TOyA CONCRETE MONUMENT IN THE NORTIMRLY LINE OF SAID S.E. ST R STREET AT THE SOUTHWEST CORNER OF THE TRACT HEREIN DESCRIBED; THENCE RUN NORTH 88 DEGREES 13'13" EAST ALONG SAID NORTHERLY LINE OF SAID S.E. 5TH STREET FOR A DISTANCE OF 26.97 FEET TO A-00NCRETE MONUMENT MARKING THE LOCATION OF AN ANGLE IN SAID N'ORITIERLY LINE OF SAID S.E. 5TH STREET; THENCE RUN SOUTH 76 DEGREES 39'35" EAST ALONG SAID NORTHERLY LINE OF SAID S.E. 5TH STREET FOR A DISTANCE OF 15-5.48 FEET TO THE POINT OF BEGINNING, TOGETHER WITH ALL AND SINGULAR THE RIPARIAN RIGHTS THEREUNTO BELONGING OR IN ANY WISE APPERTADMF G WHETHER OF COMMON LAW, STATUTE LAW, OR. OTHERWISE, AND SOMETIMES DESCRIBED AS THE WESTERLY PART OF LOT 1, BLOCK 103, .MIAMI SOUTH, BEING 18:2.45 FEET AT SOUTH END AND 299.78 FEET AT NORTH END, TOGETHER WI 74 RIPARIAN RIGHTS. EXHIBIT "A" MIAMUFARDW43705110437051.0?11GZW O1._ (S2 • KI BRICKELL ON THE R MIgMI, FLORIDA ARCHMMW: COVEN. PSFnW. DCINOSA t AMOC. ARCHITECTS. P.A. Wo P.W. 166= srmw m prl ai-arw ru Isel a -ala LANDSCAPE ARCHrrECIURE BRADSIIAW GILL k ASSOC[ATES 9iaa/7CAR AMMUn M PriMaelC P1 U" WACRN MIMI uuncawlu-i7-eUC-SCA. SUMU =U TM (SM) ?U -On• FAX (as) Tri -sera INDEX OP 9)!68)3 ARCHMECTUOA1. MUIMS I �In. rtea I/I•• atau 1-1. C"Alt 1 A� iLi Wf 4 //a' tAlA •-a aeras tua no t/s WAS ao t� TIS tali rUN w g/w" aCati ha 111061,110pmi w t/o' W" h>. playa pe n" 1/W W" Ma. mim • left 01Y m"I/W K" M. A-$ uA Ile IUs ww =us tan mu me Ilia ma Plan) 1/a' arua l00 tlea ab rlia w CleRle I/aY' aCaat .•• mo rau Ya Ifia 1I.• paala Ip!' auli •-r Sa Mal Yt/41111'.' A Is l tagae/1 ./�• auI• leo► M/ pall• rlaz♦ ti Y•• aril VV •-r ilrlHi rrili r1Ai�e1� tOrO) 1/0aull hw •-It nla x ee rt•r (asla ural I/•• ><+K 7TI1[IIL pia no Imna 1ua0i 1I tNi .-Ia •-la nrint pe w Uaoia uliW I/.' acts •sari aa•Iia. l/a• frAN MIA S." RWTpi pint 1�) 1/A• SIU h1I v>! gl of w t/a•> .-1• Jem cmunm .1w go" .or aarul a -n rAils eletl .• 1/a• re.0 'A SIM" rY-t Guam rum !Ua a/a• at" IY-2 79Ne p.1Ge IIY Vw ■ils rY-aIlea tier llt0 rum pY t/W rlal Z., M11118 pea /W I/a• 99" PA -1 ""M nm nal Inv kali u -I "'m IUa pas t/al' MAli U-1 Taw L Ga.= pia no 1/a' if la U J ITT" Ria nM IIW M" lANDWAPC ORATANGS 1-I t1a w FI p.01K w r -r w.notG n.• I. E APAgra"T MM rw r� IRI rwst.Yl — �� �r IRI /O (. YI —flu `r rti r�rr rrq .Rt : ■rrlO Yl r tltiK IRS j �4 r� ARaY V� >•rurr Rll�1 r�YR Irr rr rrr YJ ter.. tl.��y rtl.Ia.tl� III�,JR41SDOt11 wry YI Y. r� rrl I� tl GF�ILE SPA�� rrniwrr.urw�.rrie blMI RIVER i 9 • !f= i cmu Jwsow killtie z Z 3 PARKING GARAGE -- O wr EU \ i ! MIAMI RIVER , -y ;I A 1a ' Ll FLOOR PLAN' - VHASI 1 1:26• SAIL y' APAMW:E TYPES _ + palm TOM - MET RNAUU R EAEK24 - '�.-- or• JwreuJ -.- �lTAb SQ. R• 1�� ��� , -y ;I A 1a ' scue MIAMI RIVER t, n 6 li {I • C ago NINE am ell M[AMI RIVER A.3 6 11 rm gal , F.F/4v Mi"i P—TVER 7 0 ULUR RIVER t© 9 ra L9 & LI4 FLOOR PLAN S:T6' SCALE 1 � ` 1 b uml RIVER t d ETEj MIAMI RIVER (c oil i 0 cl 00 7z�.. 4 L12-132 FLOOR PLAN raarM TOILR 12W srui L12 --L35 FLOO PLAN SUM" M e:ar sr . I MIAMI RIVER 7 2 I E E L33 -L42 FLOOR PLAN --MOMO TOMER 1:20 SCALE L36 -L42 FLOOR PLAN SOM TORLR 120' SCALE CC�w i MIAMI RIVER w W Z m W 9 m I • cs SWAM �'"i � � ` � -1,r y Imo• � ! / I r ROOF PLAN iL N W MI RIVER Q W Q W of i. Al .tv zil Z I111111lis 46.10 %,1 sill k E MAI�-!!MFLOOR %I ;caps.. NORTH ELEVATION �•• cl 00 1 ..... .. ------------- ............... ::........................ --- ------._................. z < c U 4 o� • Y Zv ---- -- i �............. ------- ------ e -_ - w .............. w ••-•-• • •........ � x ........................... -----.......--.... ... ..a _.� ..•-•.....r ,� • - W -------------- .......... Z irxs------------------- r� •-- ------------ ........... �..b Z ------------ ........... to �...--•-------------q - 1 l ------- --liul ............. ..... d - i?•--•• --..._.....o.. •........... ....... SOUTH ELEVATION - NORTH TOWER '•`fit.. _. .r.,o. a .� - ... i (IF PHASE IINS'LPM,..�.' 13c r - = - 9 auas� auwl: fiq:: 111 lrtlta!u iu�nr IllI:111s8 111 :'y!111 !I1WIpI alt ::�lJl _►rlani 1 ul I!n I t1;�::�' l t l utJ.:Fnr anu�i.nlrni JIM tfl::6111 l fills sl d"-lri-dlralii, i 7-1 ;W. .I -=i_� � L- _� G we � .'= .�� --^ -;- -oo • 1 � I N I I •i I' A y� � � _ _. __ � A A a � Jdr' � s A. .� , b 9 is n a a i z 1 i SOUTH ELEVATION comm m mm L�.'.T.lw•'C' � � wr 00 J D n e d� it: Ziff_ : rte.:,. 1 i � WEST ELEVATION Is its-Ww ... ........... ... . ...... ....... ....... o- --•_. ........_. o. -• a •........_...._.. . •.---------- ..... ...q ._. .............. •--• ..... .....d ...... .......... s- ...... . ... .. .... .... ...... .. �. ----- ..... t V, I RT14 GO ti .alma»L —ft1s3'-aff� _millLN Walp""� a3��d _G --SK13Jl"L _ 'MIAME ' _slam ................ _M3'!ilL -Iff - "-.-. - !/!tel/I��I����► yH 1 1a 0 El �i •ti j. J•.f: �a! NORTH TOWER o.l2B O.F. $um Tom e,esz IF. oLT�L _ 4.430l.T. TOTAL 20.510 it. MIAW RIVER FAA.2 •�"*r, f I MIAW RIVER FAA.2 ��! �;.,�, :: •a< ,; :?;,� is w. -:�.:. _ : , ;:� •,at fPARKINt. GANAGE ,r r� y �- WIN EAR2 L2 FLOOR FLAN • I:20' SCALP nOOR EA Iiom TO1RR ;.007 -Sr. SOUTH 7090 5.570 9.r. . TOTAL N,ee9 S.P. EAR2 W=hlo FLOOR pjAN �...�-__�4:20' _LITR ARFA souzx VOWEN 7.an SX, TOTAL '8-050 S.T. x a mvs 14#.Wo I?. I PAWWGARAGE I MLA)dl RfM cla I 0 I nLX! AM NO= TOM tum S.F. X 32 Lr4m 8".7" $r, WMI RIVER �N FAR5 0 i gems SENN Usti �..� ,G. ,.,:�1 � ° i �•-o' .off, ° ,� �� a� TYPICAL GARAGE FLOOR PLAN l:Z• SUR Lamm�.«..� --_O 6--.- � 1 ��•trurr)>r.o (D aaeacrars.)!yn♦/M prop• )r Y� O)raule.aQR.)!at aM'wY...1N P�-- a�grA90u►Y.IrM tr MC)Aty d�®qi YlO �. re.lypHM• .rswullrrn VMiIJMm. .M/•l-LL.•lr..s — 1 I MIAMI RIVER � 1 �l z c Z 3 w z � � w x $ U w _T�T cc �0 W Y� U or m L2 FLOOR PLAN 1:20. scmz lira? Ma uM�.a�+te»ars {) w.�r+..�.. �rY�<lCt Yi fi�!r�l�i�1 »� •'�q,K�'p YyF'VMy i�rearr ►�a.w.s++o«vw.Wu 24�aer�ta. y�ry� a »iiY� �i1! Lim. l�aii�C41�.4M7 '�aaAl gyri wY.'tala�4�11iyrKy �� �FM�IF �IyeM �arw aru►aar M.lp t UL4.mt RIVER zi LS.1 Oi i