HomeMy WebLinkAboutR-95-0139J-94-1006
2/9/95 9 5- 139
RESOLUTION N0.
A RESOLUTION, WITH ATTACHMENT(S), APPROVING A MAJOR
USE SPECIAL PERMIT WITH CONDITIONS, FOR AN INCREASED
DEVELOPMENT BONUS OF FIVE PERCENT (5%) FOR THE CHATEAU
MERITAGE PLANNED UNIT DEVELOPMENT CONDOMINIUM PROJECT
TO BE LOCATED AT APPROXIMATELY 2475 BRICKELL AVENUE;
MAKING FINDINGS; PROVIDING BINDING EFFECT FOR THE
DEVELOPMENT ORDER; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 7, 1994, the applicant, Chateau Meritage, Ltd.,
(hereinafter "Applicant"), submitted on Application for Major Use Special
Permit requesting, inter alia, an increased development bonus of five percent
of the floor area ratio for the Chateau Meritage Project, a Planned Unit
Development, pursuant to Articles 9, 13 and 17 of Zoning Ordinance No. 11000,
the Zoning Ordinance of the City of Miami, Florida (hereinafter "Zoning
Ordinance"), for that parcel located at approximately 2475 Brickell Avenue
(hereinafter "Project"), as legally described herein and in "Exhibit A", the
Development Order attached hereto; and
WHEREAS, the Applicant, has also applied for and received a Major Use
Special Permit for the Planned Development Overlay District designation
(Resolution No. 138), in order to utilize the increase in the floor area ratio
by 20 percent over that allowed by the underlying R-4 district; and now wishes
to also apply for an additional five percent (59-.) increase in the floor area
ratio by making a nonrefundable developer contribution of Sixty Thousand One
Hundred and Thirty -Six Dollars and Seventy -Two cents ($60,136.72) to the
Affordable Housing Trust Fund administered by the City of Miami [Six Dollars
ATTACHMENT (S)
CONTAINER
: = COMM SION,
MEETING OF
FEB 0 9 1995
ReQolution No.
95- i39
and Sixty -Seven Cents ($6.67) for every additional square foot of buildable
area approved as a development bonus); and
WHEREAS, the approval of said additional five percent increase in
allowable development of the Chateau Meritage Project requires the issuance of
a Major Use Special Permit pursuant to Articles 9, 13 and 17 of the Zoning
Ordinance; and
WHEREAS, the Large Scale Development Committee met on August 29, 1994,
to consider the proposed project and offer its input as to how the Project
might be improved and/or corrected; and
WHEREAS, the Applicant has modified the submittal to reflect suggestions
received at said Large Scale Development Committee meeting; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on
November 16, 1994, Item No. 5, following an advertised public hearing, adopted
Resolution No. PAB 69-94 by a vote of seven to zero (7-0), RECOMMENDING
APPROVAL of a Major Use Special Permit Development Order for the Project; and
WHEREAS, subsequent to the PAB's recommendation, the Applicant amended
its application to increase the number of units from 148 to 168 (20 units
added), increase the number of parking spaces from 311 to 353 (42 parking
spaces added) and fourteen (14) additional feet to the east -west direction of
the building's "podium" footprint; and
WHEREAS, the aforementioned changes have been determined to be
nonsubstantial pursuant to Section 2215 of the Zoning Ordinance; and
WHEREAS, on January 26, 1995, the City Commission conducted an
advertised public hearing to consider the Application for Major Use Special
Permit and determined that all requirements for the issuance of the proposed
Major Use Special Permit Development Order had been complied with; and
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WHEREAS, the City Commission deems it advisable and in the best interest
of the general welfare of the City of Miami to issue a Major Use Special
Permit Development Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to
i
i 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 with
conditions as specified in said Development Order, per Section 914 and Article
17 of the Zoning Ordinance, for the increased five percent (5%) development
1 bonus for the Chateau Meritage Project (hereinafter referred to as the
"PROJECT") to be developed by Chateau Meritage, Ltd. at approximately 2475
Brickell Avenue, Miami, Florida, more particularly described as the northwest
twenty-five (25) feet of Lot 3 and all of Lots 4 through 9, Block G, BRICKELL
HAMMOCK UNIT NO. ONE EXTENSION, according to the Plat thereof, as recorded in
j Plat Book 7 at Page 87, of the Public Records of Dade County, Florida.
Section 3. The PROJECT was designated as a Planned Development
i
Overlay District, per Article 5 of the Zoning Ordinance and was permitted
construction of 216,596 square feet of habitable residential floor area, and
is now hereby permitted to increase that amount to 225,736 square feet of
habitable residential floor area for the PROJECT, which is an increase in
the floor area ratio of five percent (5%) over that allowed by the original
Major Use Special Permit.
Section 4. The findings of fact set forth below are hereby made
with respect to the subject PROJECT:
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95- 139
a. The PROJECT is in conformity with the adopted Miami
Comprehensive Neighborhood Plan 1989-2000, as amended; and
b. The PROJECT is in accord with the district zoning
classification of the Zoning Ordinance.
C. Pursuant to Section 1305 of the Zoning Ordinance, 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, preservation
of natural features and control of potentially adverse
effects generally, have been considered and will be further
considered administratively during the process of issuing a
building permit and a certificate of occupancy.
d. The PROJECT is expected to cost approximately $31 million,
and to employ approximately 64 to 89 full-time workers
during construction, and to result in the creation of
approximately 15 permanent new jobs. The PROJECT will
generate approximately $1.1 million annually in ad valorem
tax revenues to local units of government (1994 dollars).
e. The PROJECT meets the requirement of the City's Waterfront
Charter Amendment.
f. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the
economy of the City;
I
(2) the PROJECT will efficiently use public transportation
facilities;
(3) any potentially adverse effects of the PROJECT arising
from the proposed parking for the PROJECT will be
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95- 139
mitigated through compliance with the conditions of
this Major Use Special Permit;
(4) the PROJECT will favorably affect the need for people
to find adequate housing reasonably accessible to
their places of employment;
(5) the PROJECT will efficiently use necessary public
facilities;
(6) the PROJECT will not negatively impact the environment
and natural resources of the City;
(7) the PROJECT will not adversely affect living
conditions in the neighborhood;
(8) the PROJECT will not adversely affect public safety;
(9) 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, condominium documents, minority
participation and employment, and minority
contractor/subcontractor participation will be
mitigated through compliance with the conditions of
this Major Use Special Permit;
(11) the five percent (59-.) development increase would not:
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95- 139
(a) cause the development to be inconsistent with the
Comprehensive Neighborhood Plan, or any governing
development order issued for a Development of
Regional Impact or any Area -wide Development of
Regional Impact, or any governing master plan
which has been duly adopted, or any other duly
adopted land use regulation; or
(b) cause the actual levels of service for recreation
and open space, potable water transmission
capacity, sanitary sewer transmission capacity,
storm sewer capacity, solid waste collection
capacity, or traffic circulation capacity to fall
below the levels of service required for the
planning district under the neighborhood plan; or
(c) result in a request for variance.
Section 5. The Major Use Special Permit, as approved, shall
be binding upon the Applicant and any successors in interest.
Section 6. The application for Major Use Special Permit
which was submitted by the Applicant on October 7, 1994, as amended on
January 3, 1995, and which is 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 shall expire two
(2) years from its effective date, which shall be thirty-one (31) days
after the adoption of the herein Resolution by the City Commission.
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95- 139
if Section 8. The City Manager is directed to instruct the Director
of the Planning, Building and Zoning Department to transmit a copy of this
Resolution and attachment, to the developers: Chateau Meritage, Ltd., A
Florida Limited Partnership, 2600 Douglas Road, Suite 900, Coral Gables,
Florida 33134.
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
Chateau Meritage Project, which is attached hereto as Exhibit "A" and made a
part hereof by reference, as more particularly described in Exhibit "A".
Section 10. The Major Use Special Permit Development Order for the
Chateau Meritage Project, (Exhibit "A"), 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 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. This Resolution shall become effective immediately
upon its adoption.
PASSED AND ADOPTED this 9th day of February 1995.
( 2t,
STEP EN P. CLARK, MAYOR
PREPARED vAND APPROVED BY:
FEL MAXWEITY ATTORNEY
M4790/JEM/mis
APPROVED AS TO FORM AND
CORRECTNESS:
A Q S II
_7_ CITY A TORN V
95_ 139
EXHIBIT "A"
ATTACHMENT TO
RESOLUTION NO. 95-139
ADOPTED SEPTEMBER 9, 1995
CHATEAU MERITAGE INCREASED DEVELOPMENT BONUS
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 9, 13 and 17 of Ordinance No. 11000,
the Zoning Ordinance of the City of Miami, Florida, as amended (hereinafter
"Zoning Ordinance"), the Commission of the City of Miami, Florida, has
considered in a public hearing, the issuance of a Major Use Special Permit for
a five percent (5%) increased development bonus for the Chateau Meritage
Project, a Planned Unit Development Overlay District (hereinafter referred to
i
as the "PROJECT") to be located at approximately 2475 Brickell Avenue, being:
The northwest 25 feet of Lot 3 and all of Lots 4
through 9, Block G, BRICKELL HAMMOCK UNIT NO. ONE
EXTENSION, according to plat thereof as recorded in
Plat Book 7 at Page 87 of the Public Records of Dade
County, Florida.
ALL OF THE FOREGOING SUBJECT TO any dedications,
limitations, restrictions, reservations or easements
of record;
i
After due consideration of the recommendations of the Planning Advisory
Board, and after due consideration of the consistency of this proposed
development increase with the Miami Comprehensive Neighborhood Plan, the City
Commission approved the five percent (5%) development increase of the
PROJECT, and subject to the following conditions approves the Major Use
Special Permit and hereby issues this Development Order:
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95- 139
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed Chateau Meritage Project is a residential use condominium
development located at approximately 2475 Brickell Avenue, Miami, Florida.
The PROJECT is located on approximately 6 lots totaling 2.41 gross acres and
1.64 net acres. The PROJECT consists of the following elements:
1. Legal description: The northwest 25 feet of Lot 3 and all of Lots 4
through 9 of Block G in the BRICKELL HAMMOCK UNIT NO. 1 EXTENSION
subdivision, according to the plat thereof, as recorded in Plat Book 7 at
Page 87, of the Public Records of Dade County, Florida.
2. Project Address: 2475 Brickell Avenue, Miami Florida.
3. Zoning Classification: City of Miami Zoning District R-4.
4. Lot area: Net = 150' x 475.17' = 71,275 s.f. = 1.64 acres
Gross (includes to centerline of adjacent streets) = 475' x 50'
(to centerline of Brickell Avenue) x 150' x 50' (to centerline
of S.W. 25th Road) = 525' x 200' = 105,000 s.f. = 2.41 acres.
5. Density: allowed = 150 units/acre which = 361 units allowed
provided = maximum of 168 units provided.
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6. Allowable area: Floor Area Ratio (FAR) = 1.72 allowed;
105,000 s.f. x 1.72 = 180,600 s.f. allowed (without 20% bonus for Planned
Development); By Major Use Special Permit, Planned Development Bonus of
20% = 216,720 s.f. of habitable condominium area allowed; By Major Use
Special Permit, Bonus of additional five percent (5%) = 225,750 s.f. of
habitable condominium area allowed; provided area = 225,670 s.f.
7. Loading Berths: 2 @ 12' x 35' x 15' ht.
8. Height: required - unlimited
Front setback requires a height limit of Two Hundred Forty feet (240') at
base building line, then allows two (2) additional feet in height for
every foot in setback. Chateau Meritage tower is located Two Hundred and
Six feet (206') from base building line, so allowable height at this point
is Six Hundred and Fifty -Two feet (652') to main roof. Chateau Meritage
is Three Hundred feet (300') to main building roof plus another
approximately Sixty -Five feet (65') to top of the overall structure.
9. Building Footprint:
allowed = 40% of lot area which = 105,000 s.f. x .4 = 42,000 s.f.
provided = 274' x 123 = 37,702 s.f.
10. Parking:
1 space for each 1 bedroom unit; 1 x 34 = 34
2 spaces for each 2 bedroom unit; 2 x 102 = 204
2 spaces for each 3 bedroom unit; 2 x 32 = 64
Visitors; 1 space for each 10 units; 168/10 = 16.8 rounded up to 17
Total required = 34+204+64+17 = 319
Total provided = 353
*Handicapped spaces: 7 required and provided (part of 353 provided).
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11. Green Space:
required = .15 of gross lot area = .15 x 105,000 s.f. = 15,750 s.f.
provided = 26,933 s.f.
12. Setbacks: Front: (Brickell Avenue) 85'-0" to podium (20' required)
Side street: (S.W. 25th Road) 17'-0" (15' required)
Side: 116'-0" (10' required)
Rear: 10'-0" (10' required).
The amenities which are being provided to the residents of the PROJECT
include a swimming pool, lobby area, exercise room, clubroom and tennis court.
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 goal of preserving as many trees
as possible, and prior to any development activity a review by the City's
Historic Preservation Officer will be required. No variances, special
exceptions, rezonings or land use changes will be required for this
application.
The PROJECT also reflects suggestions received at the Miami Large Scale
Development Committee meeting of August 29, 1994. The PROJECT shall be
constructed substantially in accordance with plans and design schematics on
file prepared by Bradshaw, Gill, Fuster & Associates dated September, 1994;
however, shall be permitted to be modified only to the extent and means
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.
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The PROJECT conforms to the requirements of the R-4 zoning district of
the Zoning Ordinance. No zoning variances or special exceptions are
contemplated for execution of the PROJECT. The Comprehensive Plan Future Land
Use designation allows the proposed residential use.
The PROJECT may be constructed with up to 225,670 square feet of
habitable residential area; this is permitted by the Planned Development
Overlay District designation which permits an increase in the floor area ratio
by 20 percent over that allowed by the underlying district; and an additional
5 percent (5%) bonus pursuant to Section 914 of the Zoning Ordinance, for
contribution into the City of Miami's Affordable Housing Trust Fund.
The PROJECT, as defined above, meets the requirements for the designation
as a Planned Development Overlay District and for the issuance of a Major Use
Special Permit Development Order.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, SHALL:
1. Comply with all applicable building codes, land development regulations,
ordinances and other laws;
2. Prior to the issuance of a building permit, provide a list of agencies
from which approvals and/or permits must be obtained prior to initiation
of development and the permit or approval required of each;
3. Prior to issuance of a building permit, allow the Miami Police
Department to conduct a security survey, at the option of said
Department, and to make recommendations concerning security measures and
systems; further submit a report to the Planning, Building and Zoning
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4.
5.
3
7.
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;
Prior to the issuance of a building permit, provide a letter from the
Fire, Rescue and Inspection Services Department indicating APPLICANT'S
coordination with members of the Fire Plan Review Section at the Fire
Rescue and Inspection Services Department in the review of the scope of
the PROJECT, owner responsibility, building development process and
review procedures, as well as specific requirements for fire protection
and life safety systems, exiting, vehicular access and water supply;
Prior to the issuance of a building permit, provide a letter of
assurance from the Solid Waste Department that the Applicant/PROJECT has
addressed all concerns of the said Department;
Prepare a Minority Participation and Employment Plan to be submitted
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 comments, it being understood that the City's Minority/Women
Business Affairs and Procurement Ordinance 10538 is a guide that the
APPLICANT must use its best efforts to follow.
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 Business
Affairs and Procurement Ordinance 10538 is a guide that the APPLICANT
must use its best efforts to follow;
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95- 139
a
10.
11.
12.
Record, 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 of all common areas and facilities
will be by a mandatory property owner association in perpetuity.
Record a certified copy of the Development Order within 30 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.
Within thirty (30) days of the effective date of this permit, make an
appropriate contribution of Sixty Thousand One Hundred Thirty -Six
Dollars and Seventy -Two cents ($60,136.72) ($6.67 for each additional
square foot of buildable area] to the City's Affordable Housing Trust
Fund, recognizing the PROJECT'S obligation to seek to broaden the
housing supply for low and moderate income groups.
Record, within six (6) months of the effective date of the Development
Order, a Unity of Title for the subject property comprising the PROJECT.
With regard to construction requirements, the APPLICANT shall abide by
all of the commitments made to the Brickell Homeowners Association as
specified in the attached letter to Mr. Tory Jacobs, President of the
Brickell Homeowners Association, from Mr. Robert E. Schermer, Jr., dated
September 2, 1994; said letter is hereby attached hereto as "Exhibit B"
and made a part thereof.
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95- 139
THE CITY SHALL:
1. Subject to payment of all applicable fees due, establish the effective
date of this Permit as being thirty-one (31) days from the date of its
issuance, with the issuance date constituting the commencement of the
thirty (30) day period to appeal from the provisions of the Permit;
CONCLUSIONS OF LAW
The City Commission hereby finds that the Chateau Meritage Planned Unit
Development, proposed by the applicant, Lucia A. Dougherty, for Chateau
Meritage, Ltd., 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 1703 of the Zoning Ordinance;
(1) The PROJECT will have a favorable impact on the economy of the
City; and
(2) The PROJECT will efficiently use public transportation facilities;
and
(3) The PROJECT will favorably affect the need for people to find
adequate housing reasonably accessible to their places of
employment; and
(4) The PROJECT will efficiently use necessary public facilities; and
(5) The PROJECT will not negatively impact the environment and natural
resources of the City; and
_8 95- 139
(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 will be served by the PROJECT; and
(9) Any potentially adverse effects of the PROJECT will be mitigated
through conditions of this Major Use Special Permit.
Furthermore, the five percent (5%) development increase would not:
(a) cause the development to be inconsistent with the
Comprehensive Neighborhood Plan, or any governing
development order issued for a Development of Regional
Impact or any Area -wide Development of Regional Impact, or
any governing master plan which has been duly adopted, or
any other duly adopted land use regulation;
(b) cause the actual levels of service for recreation and open
space, potable water transmission capacity, sanitary sewer
transmission capacity, storm sewer capacity, solid waste
collection capacity, or traffic circulation capacity to
fall below the levels of service required for the planning
district under the Comprehensive Neighborhood Plan; or
(c) result in a request for variance.
The proposed development does not unreasonably interfere with the
i
achievement of the objectives of the adopted State Land Development Plan
applicable to the City of Miami; and
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Pursuant to Section 1305 of the Zoning Ordinance, 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.
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95- 139
PLANNING FACT SHEET PZn
APPLICANT Lucia A. Dougherty for Chateau Meritage Ltd.
.APPLICATION DATE October 7, 1994
REQUEST/LOCATION Consideration of approving a Major Use Special Permit to allow an increased
development bonus of five percent for the Chateau Meritage Project, a residential
planned development for 168 condominium project located at 2475 Brickell Avenue
LEGAL DESCRIPTION The northwest 25 feet of Lot 3 and all of Lots 4 through 9, Block G, BRICKELL
HAMMOCK UNIT NO. ONE EXTENSION (7-87) P.R.D.C.
PETITION Consideration of approving a Major Use Special Permit pursuant to Article 17 of
Zoning Ordinance 11000, as amended, for an increased development bonus of five
percent for the Chateau Meritage Project, :a residential planned development for 168
condominium units located at approximately 2475 arickell Avenue -(more particularly
described -herein), approving said Major Use Special Permit after considering the
report and -recommendations of the City of Miami Planning!Advisory Board, subject to
the conditions of the Development Order attached hereto as "Exhibit All, and the
application for development approval incorporated herein by reference; making
findings of fact and conclusions of law; and providing that the Development Order
shall be binding on the applicant and successors in interest.
PLANNING
'RECOMMENDATION
BACKGROUND AND
ANALYSIS
Approval with conditions.
Please see attached.
PLANNING ADVISORY BOARD
CITY COMMISSION
APPLICATION NUMBER 94-157
01/26/95
Approval.
VOTE: 7-0.
NOVEMBER 16, 1994
95- 139
Page 1
REVISED
Chateau Meritage Major Use Special Permit to allow an additional five percent
development bonus for the Chateau Meritage Planned Unit Development Project.
Analysis:
The Chateau Meritage Project is proposed to be located at 2475 Brickell
Avenue. The project consists of a 4-48 166 unit condominium structure with 344
353 parking spaces. The amenities whi—cF are being provided to the residents
oTthe development include a swimming pool, lobby area, exercise room,
clubroom and tennis court. 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 goal of preserving as many trees as
possible, and prior to any development activity a review b:, the City's
Historic Preservation Officer will be required. No variances, special
exceptions, rezonings or land use changes will be required for this
application.
The project conforms to the requirements of the R-4 zoning district, as
contained in Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended. The comprehensive plan future land use designation
allows the proposed residential use.
The project also reflects suggestions received at the Miami Large Scale
Development Committee meeting of August 29, 1994. (See attached back-up from
th meeting for specific comments).
Recommendation:
Based on the findings as specified in the attached Resolution and Development
Order (Exhibit A), and that upon compliance with the required conditiv 3, any
potentially adverse effects which the project may have on the adjacent areas
will be mitigated, the Planning, Building and Zoning Department is
recommending Approval with the following conditions:
1. The project shall meet all applicable building codes, land development
regulations, ordinances and other laws.
2. Within six (6) months from the issuance of the Major Use Special Permit,
the applicant shall provide a list of agencies from which approvals and/or
permits must be obtained prior to initiation of development and the permit
or approval required of each;
3. Prior to issuance of a building permit, the applicant shall 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; 9
4. Within six (6) months from the issuance of the Major Use Special Permit,
the applicant shall provide a letter from the Fire, Rescue and Inspection
Services Department indicating applicant's coordination with members of the
Fire Plan Review Section at the Fire Rescue and Inspection Services
Department 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. Within six (6) months from the issuance of the Major Use Special Permit,
the applicant shall provide a letter of assurance from the Solid Waste
Department that Chateau Meritage has addressed all concerns of the said
Department;
6. The applicant shall prepare a Minority Participation and Employment Plan to
be submitted 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 comments, it being understood that the City's
Minority/Women Business Affairs and Procurement Ordinance 10538 is a guide
that the APPLICANT must use its best efforts to follow.
7. The applicant shall 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 Business Affairs and Procurement Ordinance 10538 is a guide
that the APPLICANT must use its best efforts to follow;
8. The applicant shall record, 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 of all common areas
and facilities will be by a mandatory property owner association in
perpetuity.
9. The applicant shall record a certified copy of the development order within
30 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.
11. Make an appropriate contribution to the
Fund, recognizing the project's obligatio
supply for low and moderate income groups.
n
City's Affordable Housing Trust
to seek to broaden the housing
95- 139
12. With regard to construction requirements, the applicant shall abide by all
of the commitments made to the Brickell Homeowners Association as
specified in the attached letter to Mr. Tory Jacobs, President of the
Brickell Homeowners Association, from Mr. Robert E. Schermer, Jr., dated
September 2, 1994.
a1'#b-ift
*49
ADDENDUM TO FACT SHEET
It is respectfully recammended that the City Commission approve the requested
Major Use Special Permit for a five percent (5%) Floor Area Ratio (F.A.R.)
increase for the Chateau Heritage Project, located at 2475 Brickell Avenue,
pursuant to Article 9 of Zoning Ordinance 11000, with conditions and as -
modified below.
BID
on Novenber 16,_ 1994, tip 'Planning Advisory Board passed Resolution .#69-94
recommending appaoval of - the above referenced Major Use .Special Permit by a
vote of seven to zero . , (7 ; to 0) . Subsequent to that meeting, the applicant
conducted some market studies in which, it was determined that the size and
cost of the pxpposed units: should be modified .from the original proposal in
order to better~' meet the market needs.
During. the month of December, 1994 the Planning, Building and Zoning
Department met with the applicant• to discuss and review a series of
modifications to the original ;_application; these modifications included
changing the number of units I from 148 units originally proposed, to a maxin m
of 168 units to J.?e provided; and further modifying the number of parking
spaces from 259 parking spaces originally proposed to a` 353 spaces to be
provided. These proposed changes do not affect the height or proposed square
footage of the building, the units were merely reduced in size to accommodate
a greater number of them.
Upon reviewing the proposed changes described above, the Zoning Administrator
and the Director of Planning, Building and Zoning have determined that these
changes do not constitute a substantial deviation from the original proposal
and pursuant to Article 17 of the Zoning Ordinance, allowed the applicant to
revise its application accordingly without delaying the project.
On January 3, 1995, a revised application, which is included in the backup
materials for this item, was submitted by the applicant. The revised
application also included expert documentation which states that the
originally prepared Traffic Impact Analysis, Site Utility Study and Economic
Impact Analysis will not be affected negatively by the proposed changes to the
project (see revised application).
The Planning, Building and Zoning Dint hereby finds that based on the
information contained in the revised application materials, the project as
modified will have no adverse effects on the surrounding area and -is
recamneriding respectfully that the City Commission approve this Major Use
Special Permit, as modified, with all of the original conditions as set forth
in the attached draft resolution for City Cc mmission consideration.
95- 139
Mv
0
rrr
4V
95- 139
. 7
9
RESOLUTION PAB - 69-94
j A RESOLUTION RECOMMENDING APPROVAL OF ADOPTING A RESOLUTION AUTHORIZING A
( MAJOR USE SPECIAL PERMIT FOR AN INCREASED DEVELOPMENT BONUS OF FIVE
PERCENT 'FOR:THE CHATEAU MERITAGE CONDOMINIUM PROJECT LOCATED AT
APPROXIMATELY 2475 BRICKELL AVENUE, AS SPECIFIED IN THE ATTACHED DRAFT
RESOLUTION FOR CITY COMMISSION CONSIDERATION.
i --
i ,.
HEARING DATE: NOVEMBER 16, 1994
VOTE: seven (7) to zero (0)
ATTEST:
ER UEZ, DIRECTOR
i
PLANNING, BUILDING AND ZONING
95- 139 ! J
\ CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
T0; Large Scale Development Committee DATE:
r 3u6JECT
FWM : i o W. McManus, Dbputy Director REFERENCES
Planning: Building and Zoning Dept.
ENCL08URE6:
September 2, 1994 FILE :
LSDC Meeting August 29, 1994,
MUSP: Chateau Meritage, 2475
Brickell Avenue .
A meeting of the Larrgge Scale Development Committee was held at 3:00 P.M.
Monday, August 291 1994 in the Pl'anning..and Zoningg Division Conference Room to
discuss the proposed Chateau Meri�tage, 2475 Brickell.Avenue, a 128-unit, 28-
story'residential condominium tower (see attendance sheet attached).
Following an opening presentation by the architect, Bruce Brosch for. the
Nichols artnershiN the following points were made in the discussion:
1. Permitst Th::e Project will require a Major Use Special Permit for a
'planned unit development; hearings as necessary before the Planning Advisory
Board and .City COmmission; Historic and Environmental Preservation Board
(HEP) (for tree removal) and either a hearing or disclaimer from the Metro
Dade County Shoreline Development Review Committee.
2. Zoning: Building and site calculations must be supplied. The project
conforms to recent Zoning Ordinance amendments pertaining to height limits and
setbacks on Brickelll and .pertaining to truck loading bays. The project will
qualify for a 20% bonus for a planned unit development.
3. Porte-Cocherre: This enroaches into the right-of-way and the
Department of Pu Works cannot accept it. The architect agreed to revisit
this however, a variance still may be required for the porte-cochere,
extending from the; property line (base building line) to the setback line.
(see Department of Public Works Memo dated August 29, 1994 attached) Note also
the Public Works comments on the sidewalk location and grade.
4. FPL: Concern was expressed about access to the transformer vault and
duct banc—access.
5. WASA: Water: supply and sewer line availability is discussed in the
attached titter dated August 24, 1994 from WASA. The sewer moratorium is still
in effect; the project must receive tentative approval from BERM and WASA,
which is pending the completion of the new trans -bay crossing to Virginia Key
and the upgrading/replacement of a sewage pump station. •
6. EPD: :The site is within an Environmental Preservation Oistrict
and must receive as Certificate of Approval from the HEP Board. All existing
trees, size and species, must be shown on the survey, and their exact location
must be shown anthe site plan.
Page 1 of, ?�
95- 139
7. Archeolo ist: Bob Carr, Metro Dade County Archeologist, must be
contacte or an —archeological survey.
8. Tra•, �a David Plummer and Associates are working on a traffic study.
9. Hearin s: Before being, accepted for hearing, the plans must be
specifically approved for hearing by the Department of Public -Works, the .
Zoning section, and the Planning•section.
10. Follow -UP: Written comments will continue to be received at the
PlanninguiTding .and Zoning Department until September 15. Contact Roberto
Lavernia, ( 579-6086), Planning, Building and Zoning Department, P.O. Box
330708, Miami, Florida 33233-0708 or at our offices at 275 NW 2nd Street.
11. Post -script Following the meeting, some staff felt that the
arch-it—ectural treatment at the skyline was inappropriate to South Florida; a
commercial mediterranean approach might be more -appropriate.
Attachments
cc: Large Scale Development Committee
Sergio Rodriguez
Assistant City Manager
Bruce Brosch
Nichols Partnership
Lucia Dougherty
jGreenberg Traurig, et al
Adrienme F. Pardo
Greenberg Traurig, et al
Teresita L. Fernandez, Chief
Hearing Boards Office
i Roberta Lavernia
Planning, Building an Zoning Department
JJ/94:32
Page 2 of 8
95- 139
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Joseph McManus, A.X.A. DATE August 29, 1994 FILE
i Deputy Director
fanning Bul.l1ding & Zoning DepVIJWECT ; 2475 Brickell Avenue
MUSP
FROM : ames Kay 0B.
p�FERENC�S
Deputy Direc or -
Public Works Department eCLOSURU : -
I
This department has reviewed the proposed MUSP for the
development at 2475 Brickel.l Avenue. The following comments
relate to Public Works issues regarding this projects
1. Th® Rroposed private entEX court and orte cochere" must be
locate beh9.nd the bass buildina line. Sidewalk on S.E. 25
Road must e: continuous across the entrance. Standard City
driveways are required; "street type" entrances are not
allowed.
2. The easterly entrance to the parking driveway must meet the
record grade -sidewalk elevation. The slope "down to parking"
must begin behind base building line. Maximum slope for this
f driveway is I in 20 for the last 20 feet to the base building
i I line. The record grade sidewalk elevation shall be required
j along S.B. 25 Road.
3. Proof of recognition of new property line on the N.W. 25 feet
of lot 3 must be submitted, otherwise, the tract must be
xeplatted.
4. The 70 foot wide service road does not apply to this parcel.
This determination is consistent with previous proposals for
this site.
5. Location map must be corrected to show "Karnegis
Subdivision
i
i JJK:mw
.
95- 139
MIAMI•DADE WAiC u acw
• m"Im"moJ P.O. BoK 330316, � �,Florkle 33433-0316 • J5y5 5. txJtunE Rood • Tcls f`65.7171 •Fax+ 6b9.7881
SE" • toNsrtRve
August 24th 1994
Planning and Zoning Division
CM of Miami Planning,
Dui ding & toning Department
275 N.W. 2nd Street
Miami, F1. 33128
Attn: Large Scale Development Committee
lRe: Chateau Meritage Limited Partnership
1 2475 Brickell Avenue
entlemen:
+The Miami —Dade Water and Sewer Department offers the following
!comments regarding the referenced project submitted for
'consideration:
WEE=
IThe Department' owns and operates a 20—inch water main located in
>grickell Avenue from which the developer may obtain water service
1by installing a new 12—inch water main. in S.E. 25th Road to cover
Ithe full frontage of the property along said road.
S'bWER:
1'he department owns and operates an existing 18—inch gravity
sewer line which abuts the property on Drickell Avenue as well as
a 15—inch gravity sewer line located in.an easemknt which abuts
the easternmost property line.
The right to connect the proposed project to the Depart Pent's
sewer system is subject to the terms, covenants, and conditions
set forth in the settlement agreements entered into by
Metropolitan Dade County with the State of Florida's Department
�of Environmental Protection as well as with the United States of
1America Environmental Protection Agency and all current,
(subsequent or future agreements, court orders, judgements
+consent decrees, . enforcement and regulatory actions and
1 proceedings. Please contact D.E.R.M. for additional information
ieegrrding this matter.
In addition, the Developer must contact our New Business office
for the preparation of formal agreements and the submission of
plans to this office for approval.
If we can be of fui^ther assistance, please advise.
Si er ,
HQa Plans Review Engineer
J5 IIER I t AUE. LSIU
cc: Rick Herrera, P.U., Chief, Utilities Development Division
95- 139 17
1' r
ail
139
CIT :af �Rtnntt
��tr oF,y
WALDEMAR E. LEE �� CESAR H. ODIC)
Director �,,,4_ II,n City Manager
�a
Of•c4 ftAa.
.August 26, 1964
Ms. Adrienne Pardo
Greenberg, Traurig, Hoffman, Lipoff, Rosen
& Quentel, P.A. -
"J 221 Br I cke l I 'Avenue
_MIamI, Florida 33131~
Dear Ms. Pardo:
2475 BR I CKELL -AVENUE "- 70 .FOOT. W 1 DE. SERV 1 CE
ROAD DEDICATION
1 have received your request for 'a, determination If the 70
foo+- wide service road dedicatlon required by Section 401
of the City's Zoning Ordinance 11000 will apply to Lot 9,
Block G,`Brlckell Hammock Unit *1 (2475 'Brlckell Avenue) and
have the following Information.
Based on the original Intent of the Brlckell Avenue Service
Road contained In the City's previous Zoning Ordinance 5871
and the August 13, 1974 determination by the Public Works
Director, the 70 foot wide service road dedication Is not
required for Lot 9, Block G, Brlckell Hammock Unit *1 (2475
Brlckell Avenue). Enclosed Is a copy of the Public Works
Director's previous determination for your records.
Sincerely,
aldema E. L
Director
LJH:gc •
S:M.OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE:
TOt curian C. Ky Mgt 13, 1974 Central
DoputY CZ tip r SUBJECT:
ftitud" lot a ! 11 9. nloeitss a a X S
bft t"l ftn"kUnit 01 (7-87)
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95- 139
•° ��� OF MIAMI, FLORIDA 5oPPo(z.-nl\rc-,
INTER-oRFICE MEMORANDUM �oC.�r►�'rAno�
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Brit �e11 Homeowners ASSoe._d&n
CIc _�ber- 11, t991
Mr, Robert E. Schermer, Jr., President
Meritage Properties, Inc.
2600 Douglas Road, Suite 900
Cc"al Gables, F! 33134
Dear Bob;
on behalf of the BHA Board of Directors we wish to express our
appreciation for the presentation you and your associates made
on your proposed Chateau Meritage project at our September 21st
meeting.
It is fair to say that our group liked what we saw. The favorable
response echoed the reactions at the prior meeting with representative-z
of the immediate 25th Road neighbors, We are particularly impressed
by the low density, the site Placement, proposed landscaping and
the bullding's elegant design.
We are Pleased ghat YOU have agreed to the requested construction
requ ,ements that minimize the adverse impact on exist-ng resident.:
dur'ng the anticipated 18-mouth construction Period,
lde "ook forward to welcoming Your project into BHA.
Si ncerel y.. —
i. Sinclair Jacobs
'r'es' cent,
195 SW 15th Rd., Suite 203, Miami. FL 33129
Phone (305) 858.9699.Fex (305) 658-6248
95- 139 c�7
Brickell Homeowners Association
September 26, 1994
Mr. Joseph McManus
Deputy Director, Planning, Building and Zoning
City of Miami
. 275 A.W. '2nd Street, 3rd Floor
Oiaml.,i FL 33128
Dear Joe:
Good to talk with you today.
Enclosed 1s,a copy -of the "Construction Requirement Letter",
relating to the Chateau Meritage project which we will
appreciate your having incorporated into the Class II permit.
Thank you for your consideration.
Sincerely, �•
do
r• %� OQ
T. Sinclair ory) Jacobs
Pres i dent c �'
iz Xlb
Enclosure: (1)
4 t.
y - 139
xJ.
September 2, 1994
Mr. Tory Jacobs
President
Brickell Homeowners Association
195 S.W. 15th Road, Suite 203
Miami, Florida 33129
Reference: Request of Brickell Homeowners Association
for Construction Requirements
Dear Tory:
Meritage Properties, Inc. ("MPI"), on behalf of Chateau Meritage Ltd.
and the "Chateau Meritage" project, hereby commits to the following:
1. Parking by Construction Crews
Parking by construction crews will- not be permitted on Brickell
Avenue or 25th Road except for the spaces directly adjacent to
the project site.
2. Construction Noise
No construction related noise will be permitted before 7:00 a.m.
or after 6:00 p.m., Monday through Friday.
No construction related noise will be permitted before 9:00 a.m.
or after 6:00 p.m. on Saturdays, or all day on Sundays, except
during continuous pour operations.
3. Security and Traffic Control
If necessary to control construction related traffic around the job
site, an off -duty uniformed Miami police officer or a security
guard will be provided. Construction vehicles will not interfere
with exits from or entrances to adjoining buildings.
3l
` 95- 139
32,
4. Cleanliness
All rubbish d construction debris fronting the job site on
Brickell Avenue and 25th Road will be removed (and the job site
kept clean) thereby preventing dirt, sand, paper, etc.' from
blowing on adjacent property. All precautions required to,
prevent blowing debris during storms will be taken.
5 • !ring.
To the extent it does not affect the security on site, security
lighting will be controlled to avoid disturbances to neighbors.
6. Sheets. Sidewalks, etc.
After construction has been completed, any damage to streets,
sidewalks, medians, curbs, etc. that may have been inflicted by
construction traffic will be repaired.
Should you have any questions or comments regarding the above stated
Items, please don't hesitate to call. All .of us at MPI look forward to
working with you and the Brickell Homeowners Association in
developing the "Chateau Mleritage"I
Very truly yours,
Robert . Scherm , Jr.
President
RESnaq
c.c. Lucia A. Dougherty, Esquire
95- 139
GflEENBEflG
A T T Q R N£ Y S A T L A W
-
�flflUfllG
_..
o
ao
Adrienne Friesner Pardo
C
�
T. 11
(305) 579.M
I �
�=
n
o
Q3
October 4, 1994
cn
�z
Mr. Joseph McManus
Deputy Director, City of Miami 0 ? 4
Planaiag, Building & Zoning Department
275 N.W. 2nd Street
Miami, Florida 33128
Re: Chateau Meritage - 2475 Brickell Avenue
,Shoreline LAnnlication No. 94-4
Dear Mr. McManus:
Pursuant to the enclosed letter from Alex A. David, Coordinator, Shoreline
Development Review Committee, the Council rendered a "No Need to Comply"
determination for the above referenced project. Therefore, Chateau Meritage is not
required to appear before the Shoreline Development Review Committee.
Please call me if you have any questions.
Very truly yours,
. pa
Adrienne Friesner Pardo
cc: Christopher Hewett
Robert E. Schermer, Jr.
Bruce F. Brosch
Walter Taft Bradshaw
Joe Gordon
Ms. Lourdes Slazyk
Lucia A. Dougherty, Esq.
4W%rnawau"%a64a44. t�orosn.
95- 139
CREENRERc TBAURIc HOFFMAN LIPOFF ROSEN 6r QUENTEL, P. A.
1221 RRIrmt Avmir VtAMt FinRm+ 11111 '1n;.;9n.n;nn R.v
METROPOLITAN DADE COUNTY, FLORIDA ,�®!r4*A
METRODADE
METRO-DADE CENTER
• OFFICE OF THE COUNTY MANAGER
DEVELOPMENTAL IMPACT COMMITTEE
SUITE 1210
111 N.W. let STREET
MIAMI, FLORIDA 33128.1973
September 28, 1994 (305) 375.2557
Ms. Adrienne Pardo
Greenberg, Traurig et. al.
1221 Brickell Avenue
Miami, FL 33131
Re: Chateau Meritage
Located at 2475 Brickell Avenue
Shoreline Application No. 94-4
Dear Ms. Pardo:
As you are aware by your attendance at today's Executive Council of the Developmental Impact
Committee meeting, the Council rendered a "No Need to Comply" determination for the above
referenced project.
This determination was based on certain facts: 1) that the easternmost property line is over 500
feet from Biscayne Bay; and, 2) that there are two existing condominium buildings between the
bay and the subject property.
If you have any further questions please do not hesitate to call me at 375-2589.
k:\alex\prooflpardo
Sincerely,
Aacz. A. David, Coordinator
Shoreline Development Review Committee
35
95- _139
FOR ADDITIONAL BACKUP SEE PZ-25 PAGES 9 THRU
95- 139 37