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HomeMy WebLinkAboutR-95-0596J-95-613 7/12/95 RESOLUTION NO.9 � 5 9 6 A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE BRICKELL POINT PLANNED UNIT DEVELOPMENT PROJECT OF NOT MORE THAN 599 RESIDENTIAL UNITS, TO BE LOCATED AT APPROXIMATELY 401 BRICKELL AVENUE; 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 12, 1995, the applicant, 97807 Canada Ltd. & 392208 Ontario Ltd.("Applicant"), submitted a complete Application for Major Use Special Permit for designation of the Brickell Point Project as a Planned Unit Development, pursuant to Articles 5, 13 and 17 of Zoning Ordinance No. 11000, for that parcel located at approximately 401 Brickell Avenue, Miami, Florida, as legally described on "Exhibit B11, attached hereto and in "Exhibit All, the Development Order attached hereto; and WHEREAS, the applicant, 97807 Canada Ltd. & 392208 Ontario Ltd., has applied for the Planned Unit Development Overlay District designation, in order to utilize the increase in the floor area ratio by 20 percent over that allowed by the underlying SD-5 district; and WHEREAS, development of the Brickell Point Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida as amended; and A T T A C H PA E No T 'j"'S ONTAINED Crry COMMISSION MOF EETING COMMISSION OF J U L 1 3 1995 Resolution No. WHEREAS, the Large Scale Development Committee met on March 7, 1995 and the Urban Development Review Board met on April 18, 1995, to consider the proposed project and offer its input; and WHEREAS, the applicant has modified the submittal to reflect suggestions received at said Large Scale Development Committee and Urban Development Review Board meetings; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on May 23, 1995, Item No. 3, following an advertised public hearing, adopted Resolution No. PAB 22-95 by a vote of eight to zero '(8-0), RECOMMENDING APPROVAL of the Major Use Special Permit Development Order as attached hereto; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set forth; 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 J5- 596 1*4� approved with conditions specified in said Development Order, per Article 17 of Zoning Ordinance No. 11000, for the Brickell Point Project (hereinafter referred to as the "PROJECT") to be developed by 97807 Canada Ltd. & 392208 Ontario Ltd. ("Applicant"), at approximately 401 Brickell Avenue, Miami, " Florida, more particularly described on "Exhibit B", attached hereto and made a part hereof. Section 3. The PROJECT is hereby designated as a Planned Unit Development Overlay District, per Article 5 of Zoning Ordinance No. 11000. The PROJECT is hereby approved for the construction of up to 821,858 total gross square feet; 746,892 adjusted gross square feet of habitable residential area; this is permitted by designation as a Planned Development Overlay District which allows an increase in the floor area ratio by 20 percent over that allowed by the underlying district. Section 4. The findings of fact set forth below are hereby made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, as amended. b. The PROJECT is in accord with the SD-5 Zoning District classification of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. 95- 596 - 3 - 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, 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. Q The PROJECT is expected to cost approximately $80 million, and to employ approximately 273 workers during construction (FTE)., and to result in the creation of approximately 72 permanent new jobs. The PROJECT will generate approximately $2.4 million annually in ad valorem tax revenues to local units of government (1995 dollars). The PROJECT fulfills the requirements of a Planned Unit Development Overlay District because it meets the following criteria: (1) greater flexibility in the pattern of development; (2) improved level of amenities; - 4 - 95- 596 (3) appropriate and harmonious variety in physical development; (4) creative design; and (5) improved environment. f. 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 arising from the proposed parking for the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit. (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (5) the PROJECT will efficiently use necessary public facilities; 95- 596 (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, 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. Section 6. The application for Major Use Special Permit, which was submitted on April 12, 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 8. 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: 97807 Canada Ltd. & 392208 Ontario Ltd., d/b/a Atlantis on Brickell Associates, 1455 Sherbrooke Street West, Suite 200, Montreal, Quebec Canada H3G112. 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 Brickell Point 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 Brickell Point 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 95-- 596 7 - Development Order (Exhibit "A"), which shall remain in full force and effect. Section 12. This Resolution shall become effective thirty (30) days after its adoption. PASSED AND ADOPTED this 13th day of July_ , 1995. . �?k� �.�. STEPHEN P. CLAR , MAYOR ATTEST: ALTER J. CITY CLER EXHIBIT A ATTACHMENT TO RESOLUTION NO. 95- 'S�W DATE: BRICKELL POINT PLANNED UNIT DEVELOPMENT MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be known that pursuant to Articles 5, 13 and 17 of Ordinance No. 11000, 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, the issuance of a Major Use Special Permit for the designation of the Brickell Point Project (hereinafter referred to as the "PROJECT") as a Planned Unit Development Overlay District to be located at approximately 401 Brickell Avenue, Miami, Florida; see legal description 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 Board and after due consideration 'of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the designation of the PROJECT as a Planned Unit Development Overlay District, and subject to the following conditions approves the Major Use Special Permit and hereby issues this Permit: 95- 596 1 FINDINGS OF FACT PROJECT DESCRIPTION: The proposed Brickell Point Project is a residential use development located at approximately 401 Brickell Avenue, Miami, Florida ("Project"). The PROJECT is located on approximately 3.62 "gross acres and 2.12 net acres of land (more specifically described on "Exhibit B,11 incorporated herein by reference). The remainder of the PROJECT's VITAL DATA is attached hereto as "EXHIBIT C11, and incorporated herein by reference. The amenities which are being provided to the tenants include a swimming pool, jacuzzi, tennis court, racquetball court, a health club and several multipurpose spaces, all located on the eleventh floor. Amenities available to the public, as well as the tenants, include the riverwalk along the Miami River and Biscayne Bay, the restaurant and retail areas. 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 maximizing the property's unique location at the mouth of the Miami River and Biscayne Bay. The two residential towers will compliment the Brickell Avenue Office District and offer magnificent views of Downtown Miami, Biscayne Bay and Miami Beach. The Project consists of a wide, well integrated River and Baywalk which 95-596 2 surrounds the Projects northern eastern waterfront edges. No variances, special exceptions, rezonings 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 7, 1994, and the Urban Development Review Board meeting of April 18, 1995 (with the exception of a condition regarding the building top design which is addressed in the conditions for development approval herein). The Project shall be constructed substantially in accordance with plans and design schematics on file prepared by Wolfberg Alvarez and Partners dated 3/10/95 with revisions dated 5/8/95; said plan 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 SD-5 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 residential uses. The application for development approval also includes a request for approval of a Class II Special Permit for the placement of a leasing trailer on the subject property during construction and a request for waiver of any applicable Waterfront Charter requirements not being met by the final plans. Pursuant to 3 1 Articles 13:and 17 of Zoning Ordinance No. 11000, approval of the requested Major Use Special Permit(s) shall be considered sufficient for the two subordinate requests referenced above. The PROJECT may be constructed with up to 821,858 total gross square feet 746,892 adjusted gross 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. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, SHALL: 1. 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, 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 the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department,,prior to commencement of 95-- 59.6 4 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. 4. Prior to issuance of a building permit, provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 5. Prior to issuance of a building permit, provide a letter of assurance from the Solid Waste Department that the PROJECT has addressed all concerns of the said Department. 6. 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 No. 10538 is a guide that the APPLICANT must use its best efforts to follow. 7. 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 95-r 596 5 Women Business Affairs for review and comment, 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. 8. 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. Record in the Public Records of Dade County, Florida, a certified copy of the development order within 90 days of its effective date with the Clerk of the Dade County Circuit 10. Court specifying that the development order runs with the land and is binding on the applicant, its successors, and assigns, jointly or severally. Prior to the issuance of a building permit, modify the submitted plans on file to propose a more appropriate cap or terminating piece to the building, per the comments received by the Urban Development Review Board at its meeting of 4/18/95; said modified building top plan shall be subject to the review and approval of the Director of the Planning, Building and Zoning Department; said review and approval may consist of a referral to the Urban Development Review Board for comments if deemed necessary by the Director. Record in the Public Records of Dade County, Florida, within six (6) months of the effective date of the development order, a Unity of Title for the subject property. 95- 596 12. The Dade County Archeologist shall be notified prior to any ground disturbing activities so that archeological monitoring can take place. THE CITY SHALL: 1.- Subject to payment of all applicable fees due, establish the effective date of this Permit as being thirty (30) days from the date of its issuance with the issuance date constituting the commencement of the thirty (30) day period to appeal from the provisions of the Permit. CONCLUSIONS OF LAW The Brickell Point Project, proposed by the applicant, Vicky Leiva, Esq., for 97807 Canada Ltd. & 392208 Ontario 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 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 95- 5596 7 (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 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. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. Pursuant to Section 1305 of Zoning Ordinance No. 11000, the specific site plan aspects of the Project i.e., ingress and egress, offstreet parking and loading, refuse and service areas, signs and lighting, utilities, drainage and control of potentially adverse effects generally have been considered and will be further considered administratively during the process of issuing individual building permits and certificates of occupancy. H. 95- 596 .1«0W y EXHIBIT B LEGAL DESCRIPTION All that portion of BRICKELL POINT, according to the plat thereof, recorded in Plat Book 8, at Page 34, of the Public Records of Dade County, Florida, lying East of the Easterly boundary line of S.E. 2nd. Ave., Bridge approach across the Miami River, described as follows: Commence at the intersection of the North line or its prolongation Eastward of the Northerly line of S.E. 5th St., with the Easterly boundary line of Brickell Avenue (S.E. 1st. Ave.), according to the plat thereof, as recorded in Plat Book 8 at Page 34, of the Public Records of Dade County, Florida, thence Northerly along the Easterly boundary line of the S.E. 2nd Ave., Bridge approach across the Miami - River, according to condemnation proceeding recorded in July 16, 1928 in Circuit Court Minute Book 36, at Page 290, of the Public Records of Dade County, Florida, and along a tangential circular curve having a radius of 532.28 feet through central angle of 15 degrees 13 minutes 30 seconds for an arc distance of 141.44 feet to the end of said curve, thence continue along the East boundary line for the S.E. 2nd. Ave., Bridge approach as aforesaid and along the bearing of North 1 degree 52 minutes 35 seconds West for a distance of 112.78 feet to the Point of Beginning of the parcel of land herein described; thence continue North along the aforesaid S.E. 2nd. Ave., Bridge approach for a distance of 186.52 feet (186 feet by Deed) to a point on the bulk -head line along the South bank of the Miami River; thence North 86 degrees 35 minutes 21 seconds East to 282.07 feet (North 86 degrees 27 Minutes 45 seconds East 282.37 feet by Deed) along said bulk- head line to a point; thence continue along said bulk -head line North 72 degrees 13 minutes 21 seconds East for a distance of 131.59 feet (North 72 degrees 7 minutes 25 seconds East 131.07 feet by Deed) to a point marking the beginning of a tangential circular curve; thence Easterly and Southeasterly along said bulk -head line and along a curve having radius of 100.21 feet through a central angle 55 degrees 52 minutes 21 seconds for an arc distance of 97.54 feet (100 feet radius, central angle 56 degrees, arc distance 97.74 feet by Deed) to the end of said curve thence continue South 51 degrees 52 minutes 18 seconds East along said bulk -head line along a line tangent to the aforesaid curve for a distance of 64.53 feet to a point (South 51 degrees 52 minutes 35 seconds East 64.54 feet by Deed); thence South 38 degree 17 minutes 25 seconds West for a distance of 221.00 feet to a point; thence South 88 degrees 07 minutes 25 seconds West for - a distance of 407.5 feet to the Point of Beginning; Containing 99.,253.59 square feet (2.2785 Acres) More or Less. LESS: The West 10 feet thereof, dedicated for Street and sidewalk containing 1637.70 95- 596 n square feet. And subject to an easement for Ingress and Egress of the Southwesterly corner of described property being all of that portion of circular sector having a radius of 35 feet and a central angle of 180 degrees and an area of 1924.2 square feet, said Easement being.a portion of that certain Easement granted in Chancery Case No. 54,811 of the Circuit Court of Dade County, Florida. 00i EXHIBIT C Project Data _ (Property Zoned SD-5) 1. LAND AREA SQ. FT. • Land Area within Property Lines 92,481 • Land Area 90' - 0" into Miami River 40,755 • Land Area 90' - 0" into Biscayne Bay 5,819 • Land Area to Mid -Point of Brickeii Avenue 20,688 SUBTOTAL: 159,743 • Additional 20% Allowed Increase under P.U.D. 31,949 TOTAL GROSS LOT: 191,692 .2. FLOOR AREA ALLOWED (FAR) • Base F.A.R. = 4.25 191,692 X 4.25 = 814,691 3, FLOOR AREA EXPOSED (F.A.R.) (excluding parking garage and basement) TOTAL GROSS ADJUSTED GROSS A. Phase 1 (APPROX. SQ. FT.) (APPROX. SQ. FT:) • Lobby Level 8,912 8,310 • Mezzanine 11,917 8,360 • Resd. Floors: 1 - 8 74,424 68,624 (* per Floor) (*9,303 SQ. FT.) (*8,578 SQ. FT,) • Recreation Level 13,683 8,946 • Resd. Floors: 10 - 39 410,490 378,750 (* per Floor) (*13,683.SQ. FT.) (*12,625 SQ. FT.) SUBTOTAL: 519,426 SQ. FT. 472,990 SQ. FT. B. Phase 2 • Lobby Level 6,700 6,000 • Recreation Level 8,698 4,892 • Resd. Floors: 2 - 34 287,034 263,010 ( per Floor) (*8,698 SQ. FT.) (*7,970 SQ. FT,) SUBTOTAL: 302,432 SQ. FT. 273,902 SQ. FT. TOTAL SQ. FOOTAGE: 821,858 SQ. FT. 746,892 SQ. FT. 1 ♦� �y . 4'. TOTAL NUMBER OF APARTMENTS PROPOSED A. Phase 1 -- 41 Story Tower: 39 Residential Floors • 6 Apts. X 39 F1's.............................................. 234 • 1 Apt. X 38 F1's ............................ ................... 38 • 1 Apt. X 31 F1's .................. .................... ..... 31 • 2 Apts. X 24 F1's ... ..... , ...... ................... ... , .. 48 • 1 Apt. X 16 F1's ..... ........................................... 16 • 2 Apts. X 13 F1's .......................................... . 26 • 1 Apt. X 6 F1's ............. .. ............................ 6 SUBTOTAL: 399 UNITS B. Phase 2 - 34 Story Tower: Above Parking Garage • 2 Apts. X 1 FI ...... .. .... . .......... ...................... 2 0 6 Apts. X 33 F1's .. ..................... ............. 198 SUBTOTAL: 200 UNITS TOTAL: 599 UNITS 5. OFF-STREET PARKING AND LOADING REQUIREMENTS A. Phase 1 — 41 Story Tower: 12 .Story Parking Garage e 399 Apartment Units @ 1 Parking Space per Unit .......... . ............. 399 e Restaurant: 5,805 sq. ft............................................ 0 • Retail: 5,603 sq. ft. @ 1 Parking Space per 1,000 sq. ft. .................... 6 B. Phase 2 - 34 Story Tower: 11 Story Parking Garage A 200 Apartment Units @ 1 Parking Space per Unit ........................ 200 • Retail: 2,644 sq, ft. @ 1 Parking Space per 1,000 sq. ft. .......... ... . 3 TOTAL PARKING SPACES REQUIRED 608 C. Handicapped Spaces Required............................................... 18 Spaces Provided............................................... 18 Spaces D. Off -Street Loading Spaces Required (12' X 55' ea., w/Ht. Clear. of 15' Min.) ................... 5 Spaces Provided 0 @ 12' X 55' w/Ht. Clear. of 14' Min. and 4 @ 12' X 35' w/Ht. Clear. of 13' Min.) .................... 5 Spaces 95 - 596 6. OFF-STREET PARKING PROPOSED • Basement .................................................... 29 Spaces 0 1 st Level .................................................... 46 Spaces • 2nd Level .................................................... 76 Spaces 3rdLevel .................................................... 76 Spaces • 4th Level .................................................... 76 Spaces f• 5th Level .................................................... 76 Spaces • 6th Level .................................................... 76 Spaces 0 7th Level .................................................... 76 Spaces '• 8th Level .................................................... 75 Spaces e9th Level .................................................... ,76 Spaces O 10th Level ................................................... 76 Spaces • 11 th Level ................................................... 76 Spaces • 12th Level ................................................. 45 Spaces TOTAL PARKING SPACES PROVIDED 880 Spaces 6. SETBACK REQUIREMENTS Front (Brickell Avenue): Required...................................................... 30' Provided...................................................... 30' Interior Side @ Garage: Required..................................................... 15' Provided...................................................... 17' Interior Side @ Tower.: Required...................................................... 40' Provided...................................................... 40' Waterfront: Required....................................................... 50' Provided...................................................... 50' � � 596 1. Section 1304.2.1 Application forms; supplementary materials (a) Statement of ownership and control of the proposed development of activity. The Disclosure of Ownership and Ownership Affidavit are provided in Article 1. (b) Statement describing in detail the character and intended use of the development or activity. Brickell Point which is located at 401 Brickell Avenue, Miami, Florida (the "Property"), will consist of two highrise rental residential apartment towers and retail space. The development consists of a single parcel with a net lot area of 2.12 acres. The gross lot area is 3.67 acres. The property contains 159,743 square feet of gross lot area. The north property line fronts the Miami River, the east property line faces Biscayne Bay and the west property line fronts on Brickell Avenue. Brickell Point will have 599 apartment units located in two towers. Tower one will have 41 levels above its service area and Tower two will have 34 levels above the base parking structure. The residential towers will compliment the Brickell } Avenue office district and offer magnificent views of Downtown Miami, Biscayne Bay and Miami Beach. A retail and restaurant area, totalling approximately 11,000 square feet, will be provided within the first two floors of Tower One. In addition, the entry level of Tower Two will accommodate approximately 2,500 square feet of retail space. The retail area and restaurant will be available for the use of the. public. There will also.be a riverwalk along the Miami River and Biscayne Bay. The riverwalk will provide benches, lighting and safety features. Drawings showing the architectural character and location of the intended use are included under Tab 6 of the Supporting Documents. Tower One will have 472,990 adjusted gross square feet. Tower Two will have 273,902 adjusted gross square feet for a total of 746,892 gross square feet. There will be an additional 11,000 square feet for retail, restaurant/cafe. Parking will be available on Levels One through Twelve. There will be approximately 880 parking spaces with valet parking within the service level. All higher levels will have studio, one-, two-, and three -bedroom apartments. 95- 596 C ate:= The amenities which are being provided to the tenants include the swimming pool, jacuzzi, tennis court, racquetball court, a health club, and several multipurpose spaces all located on the eleventh floor. Amenities available to the public, as well as the tenants, include the riverwalk along the Miami River and Biscayne Bay, the restaurant, and retail areas. (c) General location map, showing relation of the site or activity for which special permit is sought to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project or activity and the like. The following exhibits are included with the Major Use Special Permit Application under Tab 6 of the Supporting Documents: (1) Sheet LP-1: Map of the surrounding street system indicating the project location. (2) Sheet LP-2: Aerial photograph of the surrounding area indicating the project site. (d) A site plan containing the title of the project and the names of the project planner and developer, date, and north arrow and, based on an exact survey of the property drawn to a scale of sufficient size to show: The Site plan is located as Sheet A.1 under Tab 6 of the Supporting Documents. (1) Boundaries of the project, any existing streets, building, watercourses, easements and section lines; The boundaries of the project and the location of existing streets and easements are shown on the survey located under Tab 5 of the Supporting Documents. (2)Exact location of all buildings and structures; The exact location of all existing buildings located on the Property is shown on the survey located under Tab 5 of the Supporting Documents. The location of the buildings to be constructed are shown on the Site Plan, under Tab 6 of the Supporting Documents. (3) Access and traffic flow and how vehicular traffic will be separated from pedestrian and other types of traffic; 95- 596 A detailed analysis of site access and traffic flow for the development is provided in the Traffic Impact Analysis located under Tab 2 of the ' Supporting Documents. Vehicular access for residents, visitors and service vehicles will occur via the Property entrance parallel to Brickell Avenue (access to this entrance is through Northeast 6th Street). Service vehicles will turn north from the entrance road to access the service area. Residents and visitors will continue onto the Property and gain access to the parking garage. (4) Offstreet parking and offstreet loading area; Offstreet parking will be provided within the twelve level parking garage. All levels will be accessed ,by ramps located on both the north and south portions of the garage. The total parking area is approximately •378,393 square feet. i Loading areas are provided on the south side of the Property. 1 (6) Recreational facilities locations; Recreational facilities for the development are shown on the Eleventh Floor Level Recreation Deck Plan, under Tab 6 of the Supporting Documents. (6) Screens and buffers; Landscaping and buffer areas are indicated on the Landscape Plan, Sheet L-1 through L-4 under Tab 6 of the Supporting Documents. (7) Refuse collections areas; Waste collection will be provided by a containerized compactor system located in the service area. (8) Access to utilities and points of utilities hookups. 95- 596 41154� Connection points to site utilities are discussed in the Site Utility Study located under Tab 3 of the Supporting Documents. (e) Tabulations of total gross acreage in the project and the percentages thereof proposed to be devoted to the permitted uses and ground coverage. See Sheet Z-P1 under Tab 6 of the Supporting Documents. 159,743 square feet 3.67 gross acres (1) The various permitted uses; Land Use Land Use . Parking: 378,393 gross square feet 159,743 square feet = 237% Residential and Retail: 746,892 gross square feet ; 159,743 square feet = 468 % ' (2) Ground coverage by structures. Ground coverage of both the parking structure and adjoining lobbies, retail, etc. of both Towers is approximately 44,975 square feet or 23% of the total gross lot. (f) Tabulation showing: (g) (1) The derivation of numbers of offstreet parking and offstreet loading spaces . shown in (d) above; The offstreet loading area shown on the Basement (Service) Level Plan, Sheet A1.2 under Tab 6 of the Supporting Documents, provides 5 loading bays. (2) Total project density in dwelling units per acre. The residential towers will consist of 599 apartment units and 3.67 gross acres. The residential project density per acre will be as follows: 599 residential dwelling units _ 3.67 gross acres = 163 dwelling units per acre. If common facilities (such as recreation areas of structures, private streets, common open space, etc.) are to be provided for the development, statements as to how such common facilities are to be provided and permanently maintained. 95 - 596 ,u 414,1111 Common facilities provided will include the swimming pool, outdoor recreation deck areas, tennis court, racquetball court, and health club. The common areas will be maintained by the owner. (h) Storm drainage and sanitary sewerage plans. Storm drainage, water distribution, waste water and solid waste generation provisions are discussed in the Site Utility Study located under Tab 3 of the Supporting Documents. (i) Architectural definitions for buildings in the development; exact number of dwelling units, sizes, and types, together with typical floor plans of each type. The development will include two highrise residential towers with retail space at the lower levels. Typical floor plans for the residential floors are included on Sheets A1.4 through A1.7 under Tab 6 of the Supporting Documents -The retail areas are shown on sheets A1.1 and A1.3 under Tab 6 of the Supporting Documents. (j) Plans for signs, if any. An illuminated project sign will be located at the southwest corner of the Property. The proposed sign will have metal back -lit letters on a metal background. The size and style will be in compliance with the required regulations. Smaller signs will be located at the entry porte cochere. Retail space and cafe will provide illuminated signs. in compliance with the required regulations. (k) Landscaping plan, including types, sizes and locations of vegetation and decorative shrubbery, and showing provisions for irrigation and future maintenance. The landscaping plan located on Sheets L-1 through L-4 under Tab 6 of the Supporting Documents, specify the plant types, sizes and locations, as well as, indications that all planted areas will be fully irrigated and maintained by the Owners. Plans for recreation facilities, if any, including location and general description of buildings for such use. Recreational facilities provided will include a swimming pool, jacuzzi, tennis court, racquetball court, a health club and several multipurpose spaces. (m) Such additional data, maps, plans, or statements as may be required for the particular use or activity involved. The Drawings Submitted with this Application are located under Tab 6 of the Supporting Documents. 95- 596 414,1111 Common facilities provided will include the swimming pool, outdoor recreation deck areas, tennis court, racquetball court, and health club. The common areas will be maintained by the owner. (h) Storm drainage and sanitary sewerage plans. Storm drainage, water distribution, waste water and solid waste generation provisions are discussed in the Site Utility Study located under Tab 3 of the Supporting Documents. (i) Architectural definitions for buildings in the development; exact number of dwelling units, sizes, and types, together with typical floor plans of each type. The development will include two highrise residential towers with retail space at the lower levels. Typical floor plans for the residential floors are included on Sheets A1.4 through A1.7 under Tab 6 of the Supporting Documents -The retail areas are shown on sheets A1.1 and A1.3 under Tab 6 of the Supporting Documents. (j) Plans for signs, if any. An illuminated project sign will be located at the southwest corner of the Property. The proposed sign will have metal back -lit letters on a metal background. The size and style will be in compliance with the required regulations. Smaller signs will be located at the entry porte cochere. Retail space and cafe will provide illuminated signs. in compliance with the required regulations. (k) Landscaping plan, including types, sizes and locations of vegetation and decorative shrubbery, and showing provisions for irrigation and future maintenance. The landscaping plan located on Sheets L-1 through L-4 under Tab 6 of the Supporting Documents, specify the plant types, sizes and locations, as well as, indications that all planted areas will be fully irrigated and maintained by the Owners. Plans for recreation facilities, if any, including location and general description of buildings for such use. Recreational facilities provided will include a swimming pool, jacuzzi, tennis court, racquetball court, a health club and several multipurpose spaces. (m) Such additional data, maps, plans, or statements as may be required for the particular use or activity involved. The Drawings Submitted with this Application are located under Tab 6 of the Supporting Documents. 95- 596 (n) Such additional data as the applicant may believe is pertinent to the proper consideration of the site and development plan. None. 2. Section 1702.2.1 General Report. (1) Property ownership or ownerships and beneficial interest within the boundaries of the area proposed for Major Use Special Permit. Statement of Ownership and beneficial interest within the boundaries of the area 1 proposed for the Major Use Special Permit are provided in Article I.B. & C. {2} The nature of the unified interest or control. The nature of unified interest or control is indicated in Article I.B. &-C: (3) Survey of the proposed area showing property lines and ownership. A copy of the survey of the Property is included under Tab 5 of the Supporting 1 Documents. (4) i Map of existing features, including streets, alleys, easements, utilities lines,. existing land use, general topography, and physical features. The existing site features and utility lines are shown on the survey of Property located under Tab 5 and the Site Utility. Study located under Tab 3 of the Supporting Documents. In addition, the following exhibits are included with the Major Use Special Permit Application; a. Sheet LP-1: Map of the surrounding street system indicating the project location. b. Sheet LP-2: Aerial photograph of the surrounding area indicating the project site. (5) Materials to demonstrate the relationship of the elements listed in (4) preceding to surrounding area characteristics. The Drawings Submitted with this Application are located under Tab 6 of the Supporting Documents. (6) Existing zoning and adopted comprehensive plan designations for the area on and around the lands proposed for Major Use Special Permit. The existing zoning designation for the Property pursuant to City of Miami 95- 596 Ordinance No. 11000, is SD5 (Special District 5). The Zoning Atlas Map on page 36 indicates the existing and surrounding zoning. The comprehensive plan future land use designation for the property is Office. The zoning and the comprehensive plan designation are consistent. 3. Section 1702.2.2 Major Use Special Permit Concept Plan. a. Relationships of the concept plan to surrounding existing and proposed future uses. This Article contains a written narrative of the Project outlining proposed use, activities and architectural character. This narrative also contains descriptions of the Project's relationship to traffic, pedestrian movements, and transportation access. Maps located on Sheet LP-1 indicate the Project's relationship to surrounding streets, land uses and functions. Building elevations, sections and perspectives showing the proposed materials, vertical profile and height, and orientation to streets is included in the Drawings Submitted with this Application. The list of Drawings Submitted is found under Tab 6 of the Supporting Documents. i b. Existing zoning and adopted comprehensive plan principles and designations. j This Project conforms to the SD-5 zoning for the Property. The comprehensive plan future land use designation conforms with the land use designation currently in effect for this Property. No zoning variances, or special exceptions are ! contemplated for execution of this Project. Further, a concurrent MUSP application will be submitted for a PUD pursuant to Zoning Code 11000, Article 5, Sect. 502. 4. Section 1702.2.3 Developmental Impact Study. A traffic analysis shall be submitted for an area within approximately 1 /4 mile of the site, or an area including the major intersections to be impacted by the site, whichever is larger. a. The Traffic Impact Analysis is included under Tab 2 of the Supporting Documents. b. Economic impact data shall be provided, including estimates for construction costs, construction employment, and permanent employment. The Economic Impact Study is included under Tab 4 of the Supporting Documents. C. A housing impact assessment. There are 92 existing low cost rental units on the Property, of which 73 units are rented. The monthly rental per unit ranges between $265 and $465, with an 95- 596 4' Al r'P a: ,i ;40V average of $330. Of those 92 units, 15 units are not rentable due to their dilapidated condition. The rented units are on a month -to -month tenancy. These 92 units will be replaced with 600 affordable -moderate income rental apartments. The average apartment will approximate 475 square feet for a studio, 775 square feet for a one bedroom, 1,150 square feet for a two -bedroom, and 1,600 square feet for a three -bedroom unit. Rents will range between $800 for a studio and $2,300 for a three -bedroom unit. The loss of 73 low-income housing units will be replaced with 600 affordable moderate income housing units in furtherance of the following sections of the Downtown Master Plan: Policy I-C: Downtown's existing neighborhoods were built decades ago under very different market conditions than exist today. To produce moderate cost units, higher densities allowing for more efficient land development will be required. Density increases however, should be moderate and timed to coincide with reasonable expectations of market demand and investment. As property owners present viable development applications, the City should accommodate private requests for zoning increases in the following areas: Policy 2-13: BlYr Creating bookends north and south of the CBD, the Park West and Central Brickell areas can become a concentration of highrise residential towers forming new in -town neighborhoods with urban lifestyles that - resemble the upper West side in New York or the Uptown area around North Michigan Avenue in Chicago. The immediate relationship of Central Brickell to the prestige Brickell Avenue office district makes Central Brickell one of the best area of downtown to accommodate the need for quality (not luxury) high-rise rental, condominium and cooperative housing. This residential use should be mixed with high intensity office use and service retail located on streets enhanced with pedestrian amenities. Brickell Promenade (SE/SW 10th Street is the proposed activity center for this neighborhood (see Enhancing Public Spaces, Policy 3-B)..... Policy 3-8: The City of Miami's Affordable Housing Trust Fund was established in 1985 to receive contributions from new private sector commercial development projects in the SPI-5 zoning district along Brickell Avenue and in the SPI-7 zoning district in Central Brickell. In both of these 95- 596 zoning districts, housing is encouraged to be provided onsite through Floor Area Ratio (FAR) incentives. As an alternative to on -site housing, the developer is given a FAR bonus in exchange for a voluntary contribution to the Affordable Housing Trust Fund. The Trust Fund Is required to be used to subsidize affordable housing within the zoning district from which the funds were collected. Funds collected within the SPI-5 District may alternatively be used within Southeast Overtown Park West or within a one mile radius of the SPI-5 district. d. A description of proposed energy conservation measures shall be provided, including only those measures that are proposed in addition to the minimum requirements in State Energy Code. Arohitecturally, the building envelope will be comprised of insulated walls and roof. Mechanically, the cooling system will consist of water cooled heat pumps which surpass the minimum seer and cop required by the State Energy Code. Extensive use of wall shading by means of canopies and balconies will be implemented. Highly tinted glass will be used throughout the building. Electrically, all exterior and landscape lighting will be controlled by means of time clocks and photocell switches. Energy saving lamps, ballasts and fixtures are being considered at all common areas. All motors over one-half horsepower will be high efficiency motors. e. Historic buildings. There are no historic structures located on the Property. f. Environmental zone. The Property is not located within an environmental preservation district. g. Dade County Shoreline Development Review. On October 9, 1991, Brickell Point was unanimously approved by the Dade County Shoreline Development Review Committee. Resolution 91-SDRC-9 recommends approval and is located under Article I(G). A determination of substantial compliance has been requested before the Dade County Shoreline Development Review Committee. 95— 596 PzWg APPLICANT A. Vicky Leiva, Esq. APPLICATION DATE ApriT 12,'1995 REQUEST/LOCATION Major Use Special Permit to designate the Brickell Point Project, located at 401 Brickell Avenue, as a Planned Unit Development. LEGAL DESCRIPTION (Complete legal description on file with the Hearing Boards Office) PETITION Consideration of approving a Major Use Special Permit, pursuant to Articles 5 and 17 of Zoning Ordinance 11000, as amended, for the Brickell Point Project, located at 401 Brickell Avenue (more particularly described herein) in order to designate said project as a Planned Unit Development and to be comprised of not more than 599 residential units and accessory commercial space; approving the report and recommendations of the Planning Advisory Board, subject to the conditions of the Development Order, attached hereto as "Exhibit A", and the application for development approval incorporated herein by reference; making findings that the Development Order shall be binding on the applicant and successors in interest. PLANNING Approval with conditions. RECOMMENDATION BACKGROUND AND Please see attached. ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION APPLICATION NUMBER 94-188 nm /n3 ion Approval with conditions VOTE: 8 - 0 N/A. May 23, 1995 9 5- 596 4 dwiti 11A% ANALYSIS FOR MAJOR USE SPECIAL PERMITS FOR BRICKELL POINT 401 BRICKELL AVENUE The Planning, Building and Zoning Department is recommending approval of the requested Major Use Special Permits for the Brickell Point Project to be located at approximately 401 Brickell Avenue with the conditions specified herein: The project as proposed, will require two Major Use Special Permits; one is for the project itself, which consists of over 200 dwelling units and over 500'parking spaces; and the other is for Aesignation as a Planned Unit Development. Seeproject description and accompanying, applications for specific details. PROJECT DESCRIPTION The Brickell Point Project is a proposed Planned Unit Development project to be located at 401 Brickell Avenue; within the SD-5 Brickell Avenue Area Office -Residential District in Downtown Miami. The project as proposed will consist of two highrise rental residential apartment towers and retail space. The development consists of a single parcel of land with a net lot area 2.12 acres and a gross lot area of 3.67 acres. Brickell Point will have 599 apartment units located in two towers. Tower one will have 41 levels above its service area and Tower two will have 34 levels above the base parking structure. A retail and restaurant area totalling approximately 11000 square feet will be provided within the first two floors of Tower one. In addition, the entry level of Tower two will accommodate approximately 2500 square feet of retail space. The retail area and restaurant will be available for the use of the public. There will also be a riverwalk along the Miami River and Biscayne Bay. The riverwalk will provide benches, lighting and safety features. Tower one will have 472;990 adjusted gross square feet; Towertwowill have 273,902 adjusted gross square feet; the total adjusted gross square footage wi 1 equal 746,892. Parking will be available on Levels one through twelve. There will be approximately 880 parking spaces with valet parking within the service level. All higher levels will have studio, one, two and three bedroom apartments. The amenities which are being provided to the tenants include a•swimming pool, Jacuzzi, tennis court racquetball court, a health club and several multipurpose spaces all located on the eleventh floor. Amenities available to thee`public, as well as the tenants, include the riverwalk along the Miami River and Biscayne Bay, the restaurant and retail areas. 95— 596 ANALYSIS The Brickell Point project has been designed with the goal of maximizing the property's unique location at the mouth of the Miami River and Biscayne Bay. The residential towers will compliment the Brickell Avenue Office District and offer magnificent views of Downtown Miami, Biscayne Bay and Miami Beach. The project consists of a wide, well integrated River and Baywalk which surrounds the projects northern eastern waterfront edges. The final submittal has been modified slightly from its original form in response to comments received by the City's Large Scale Development Committee at its —Meeting of 3/7/95, and the Urban Development Review Board at its meeting of 4/19/95-twith the exception of the building top design which A s addressed in the conditions below}. While the new Brickell Avenue Bridge will facilitate vehicular circulation within the remainder of the downtown area, it has made accessibility to the subject property difficult. The proposed accessways to the site -are through an easement from the adjoining property, and while it is not an optimum solution, it is functional and makes the best of a difficult situation. RECOMMENDATION AND FINDINGS OF FACT _ The Planning, Building and Zoning Department is recommending approval of the proposed development with the following conditions: 1. 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, 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 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 thg Planning Director why such recommendations are impractical; 4. Prior to 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; 95— �96 5. - Prior to_issuance of a building permit, provide a letter of assurance from the Solid Waste Department that Brickell Point has addressed all concerns of the said Department; 6: 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. i. 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 Minurity 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. Record, within six (6) months of the effective date of the development order, a Declaration of Covenants and Restrictions providing that _the ownershi.p, operation and maintenance of all common areas and facilities will be by a mandatory property owner association in perpetuity. 9. Record a certified copy of the development order within 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. 10. Prior to the issuance of a building permit, modify the submitted plans on file to propose a more appropriate cap or terminating piece to the building, per the comments received by the Urban Development Review Board at its meeting of 4/18/95; said modified building top plan shall be subject to the review and approval of the Director of the Planning, Building and Zoning Department. 11. Record, within six (6) months of the effective date of the development order, a Unity of Title for the subject property. 12. The Dade County Archeologist shall be notified prior to any ground disturbing activities so that archeological monitoring can take place. The recommendation of approval of the proposed residential project is based on the following findings: 1) The proposed development conforms to the requirements of the SD-5 Zoning District, as contained in Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami; the project requires no variances, special exceptions, rezonings or changes in land use; the project is further compatible the Miami Comprehensive Neighborhood Plan which allows the mixture and intensity of the proposed development. 5 95- 596 10 2) Upon compliance with the conditions outlined above, the project will be in compliance with all of the criteria as listed in Articles 5, 13 and 17 of Zoning Ordinance 11000 and will be beneficial to the city by providing new housing opportunities within the Brickell area; also finding that, with the above specified modifications, the project will have no adverse effects on the surrounding area. Note: The attached application for development approval also includes requested approval of the following: 1. A Class II Special Permit for the placement of a leasing trailer on the subject property during construction; and 2. A request for waiver of any applicable Waterfront Charter requirements not being met by the final plans. Pursuant to Articles 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit(s) shall be considered sufficient for the two subordinate requests referenced above. 95— 596 U E. ----- ------ 04o 0, loc 009000 A T 6 1 4 1 a 4, �6 Id71 w 3 I . ff I a 14 Is It I to Q. it, It Is H 0 t u is 14 is m it to to III IS N 17 If If N bm Mm Ama co EAST FLAGLER ST. 3 a T a a 4 ui CHARTER N uJ > sue. 14 1 14 If a 19 It Is 0 IN $6 it TRACT ST. S.E. ST. ------- — - 00000000000000 0*0"00" A It 131 1141 1? to it is is + am a tim own oopoo ST. qtt *.o 00 a 01 14 4 UNION: M7 MIAMI CONVENTUJI s-4 1 IT M I F *ER I I" Its AMENDEDCENlBISCAYNE BOULEVARD WAY 'TRACT V Im I . " - I TH,W,Hrj NTERP IRISES 00 ow PROPERTY TRX 000 A. to • Ta 9 3 "A a ••BR 24 a 23 10 1 u 13 14 Is 14 It A PA,?K 20 Zi Itq 0 is ISE. z. It 1 .23 12 bll �Xmm IBM im-0 .1 NCR slj,5 3 03 a 7PA-- P V, �O. BRICKELL KEY ON CLAUGHTON ISLAND SECTION 3 8 TRACT G PARCEL J- 0 R T .ci SECTI TRACT 'H' TR 596 95- 5 9 A m APPLICATION FOR A MAJOR USE SPECIAL- PERMIT File Number MU-95- It is intended that major use special permits be required where specified uses and/or occupancies involved matters deemed to be of city-wide or area -wide importance. The City Commission shall be solely responsible for determinations on applications for mcijor use special permits. (See Article 23). - 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 for recommendations, and may make referrals to other agencies, bodies, or officers, either through the Department of Planning p� directly, for review, analysis, and/or technical findings and determinations and reports th�r�on. (section 2301. S. ) l c� I, A. tLakV Leiva hereby apply to the Director of Planning of the City of Miami for approSal of a Major Use Special Permit under the provisions of Article 28 of the j City of Miami Zoning Ordinance. x- Address of Property 401 Brickell Avenue, Miami Florida 33131 Nature of Proposed Use (Be Speca ) To construct a Planned Unit Development allowing for an increase in floor area ratio of up to twenty percent (20*) over that allowed by the underlying District. 95- 596 I Preliminary Application j ( I attach the following in support or explanation of the Preliminary Application: •�� x 1. Two copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. x 2. Affidavit disclosing ownership of property covered by application and i disclosure of interest form (Forms ,4:83 and 4a-83, attach to application). i x 3. Certified list of owners of real estate within a 375-foot radius from the ! = outside boundaries of property covered by this application (Form 6-83, ' attach to application). 10-� x 4. Mapsof: (a) existing zoning and (b) adopted comprehensive plan designations for the area on and around the property covered by this application. j x S. General location map, showing relation of the site or activity to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the.project, and the like. 6.. Concept Plan . X (a) site Plan and relevant information. sections 510.2.3 (a through h) and 2304.2.1 (d through h), x (b) Relationships to surrounding existing and proposed' future uses, activities, systems and facilities. Section 2802.3.2(a) x ; (c) How concept affects existing zoning and adopted comprehensive tplan principles and designations; tabulation of any required variances, special permits, change of zoning, or exemptions. Section 2802.3.2(b) ' x 7. x 8. x 9. Developmental Impact Study (an -application for Development approval for a Development of Regional Impact may substitute). Other (Be SpeCific) See the documents submitted with the application. Fee of $ , based on the following: s519 =' Sss 1' 1 Final 8120—l—icat:10n I attach the following additional information in support or explanation of the final applications: ZJ See the documents submitted with this aipolication. Signature Owner or Authorized Agent .J Name A. V.cky- beiva Address 701 Brickell &yenue, sulte-1850 City, State, Zip Miami, Florida 33131 Phone 347-31318 This application is approved denied in accord with city Commission Resolution No. other ..Sergio Rodriguez, Director Planning Department Date 13 95- 596 "Oi •AFFIDAVIT STATE OF FLORIDA } SS COUNTY OF DADE Before me, the undersigned authority, this day personally appeared A.. Vicky Leiva who being by me first duly'sworn,'upoi► oath, deposes and says: _ i.' That £he is the ow=xx=%Wwlega1 representative of the owner, submitting the, accompanying application for a public hearing as required by - Ordinance J1000 of the Code of the City of Miami, Florida, affecting the real - property 110 ated in the City of Miami, as described and listed on the pages attached tot is affidavit and made a part thereof. i 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 change or modifica- tion of a classification or regulation -of zoning as set out in the accompanying 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 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 art -true and correct. Further Affiant sayeth not. L) (Name) A.' Vicky Leiva Sworn t� and Subscribed before me own ,,��o// me. this _2 day of ,Lc 19 ( OFrirIAL ItiO'rl= SEAL IBIS DIAZ NOTARY PUBLIC STATE OF FLORIDA OM MISSION NO. CC359211 W�*,.►w P„hl ie. State of Florida a�,¢M�n tTcgirlU TRXP. MAR.24,1996 95- 596 OWNER'S LIST SEE ATTA CHED DISCLOSURE OF OMERSHIP 'Owner's Name Railing Address Telephone Number Legal' Description.o Owner's Name "ailing Address., Telephone Number Legal DescriptAnj Owner's name Mi0ing 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-s Street.Address Legal Description NONE Street Address Legal Description NONE Street Address Legal Description NONE 95- 596 041 4ig t°.iS4AVAI f DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property:. SEE ATTACHED 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 hav,4nj;a financial. interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City'Coamission. Accordingly, question 12 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or ady►-other interested parties,.together with their addresses and proportionate interests SEE ATTACHED f 1, 3. Legal elcription and street address of any real property (a) owned by any party . listedli answer to question•f2, and (b) located within 375.feet of the subject . real ppfrty. _:1 OESWOR ATTORH OR -OWNER A. VICKY LEIVA STATE OF FLORIDA } SS: COUNTY OF DADS } A. VICKY LEIVA being duly sworn, deposes and says that he is the (Owner) (Attorney for Owner) of the real property described in answer to question fl, 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 behalf of -the owner. SEAL) (Name) A. VICRY LEIVA' SWORN TO AND SUBSCRIBED r before me this day ofVL,2A.L. 19i known to me. No ublic, State of Flo at Large 00 MY QH', . , Y7DA ISiS NOTARY PUB IC STAT2 95- �'room csioN NO. C ,►�y'�3l��P; LEGAL DESCRIPTION All that portion of BRICKELL POINT, according to the plat thereof, recorded in Plat Book 8, at Page 34, of the Public Records of Dade County, Florida, lying East of the Easterly boundary line of S.E. 2nd. Ave., Bridge approach across the Miami River, described as follows: Commence at the Intersection of the North line or its prolongation Eastward of the Northerly line -of S.E. 5th St., with the Easterly boundary line of Brickell Avenue (S.E. 1 st. Ave.), according to the plat thereof, as recorded In Plat Book 8 at Page 34, of the Public Records of Dade County, Florida, thence Northerly along the Easterly boundary line of the S.E. 2nd Ave., Bridge approach across the Miami River, according to condemnation proceeding recorded In July 16, 1928 in Circuit Court Minute 0ook 36, at Page 290, of the Public Records of Dade County, Florida, and along a tangential circular curve having a radius "of 532.28 feet through central, angle of 15 degrees 13 minutes 30 seconds for an are distance of 141.44 feet tb'the end of said curve, thence continue along the East boundary line for the S.E. 2' . Ave., Bridge approach as aforesaid and along the bearing of North 1 degree 52 ml, utes 35 seconds West for a distance of 112.78 feet to the Point of Beginning ofa parcel of land herein described; thence continue North along . the aforesaid S.E. 2nd. Ave., Bridge approach for a distance of 186.52 feet (186 "i feet by Deed) to a point on the bulk -head line along. the South bank of the Miami i River; thence North 86 degrees 35 minutes 21 seconds East to 282.07 feet (North 86 degrees 27 Minutes 45 seconds East 282.37 feet by Deed) along said bulk- head line to a point; thence continue along said bulk -head line North 72 degrees 13 minutes 21 seconds East for a distance of 131.59 feet (North 72 degrees 7 minutes 25 seconds East 131.07 feet by Deed) to a point marking the beginning of a tangential circular curve; thence Easterly and Southeasterly along said bulk -head line and along a curve having radius of 100.21 feet through a central angle 55 degrees 52 minutes 21 seconds for an arc distance of 97.54 feet (100 feet radius, central angle 56 degrees, arc distance 97.74 feet by Deed) to the end of said curve thence continue South 51 degrees 52 minutes 18 seconds East along said bulk -head fine along a line tangent to the aforesaid curve for a distance of 64.53 feet to a point (South 51 degrees 52 minutes 35 seconds East 64.54 feet by Deed); thence South 38 degree 17 minutes 25 seconds West for a distance of 221.00 feet to a point; thence South 88 degrees 07 minutes 25 seconds West for a distance of 407.5 feet to the Point of Beginning; Containing 99,253.59 square feet (2.2785 Acres) More or Less. LESS: The West 10 feet thereof, dedicated for Street and sid ewalk containing 1637.70 95- 596 9 1 `9 ;f square feet. And subject to an easement for Ingress and Egress of the Southwesterly corner of described property being all of that portion of circular sector having a radius of 35 feet and a central angle of 180 -degrees acid an area of 1924.2 square feet, said Easement being.a portion of that certain Easement granted in Chancery Case No. 54,811 of the Circuit Court of Dade County, Florida. i a { j i �s xx 95- 596 dWfftVI DISCLOSURE OF OWNERSHIP . a The owners of the subject property are: 97807 Canada Ltd. and 392208 Ontario Ltd., d.b.a. Atlantis on Brickell Associates 97807 Canada Ltd. - 50% ownership Sol Luger, President, 25%, 190 Eton Crescent, Hampstead, Quebec-H3X 3K3. Herman Luger, Secretary, 25%, 144 Sherbrooke Street West, Apartment 3201, Montreal, Quebec H3G 1 L2 Mendel Lug�6 Treasurer,'25%, 1421 Franklin Drive, Chomedey, Laval (Quebec) H7W 1 K7 j David Niske�� ice President, 25%, 140 Finchley Road, Hampstead, Quebec H3X 3A2 1 _ 392208 ®ntari' Ltd. - 50% ownership J Sam Greenberg, President, 50% 3577 Atwater, Apartment 1408, Montreal, Quebec H3H 2132 Gerald Naimer, Secretary/Treasurer, 50%, 1455 Sherbrooke Street West, Apartment 2301, Montreal, Quebec, H3G 1 L2 UNDER SELL/PURCHASE CONTRACT TO: BCOM Properties Corp. Stan Baumann 50% Michael Baumann 40% Terry J. Franzen 5% Richard Van Buskirk 5% 95- 596 DIRECTORY OF PROJECT PRINCIPALS - FOR 401 BRICKELL AVENUE Owner/Developer: 97807 Canada Ltd. & 392208 Ontario Ltd. d/b/a Atlantis on Brickell Associates i 1455 Sherbrooke Street West Suite 200 Montreal, Quebec Canada H3G1 L2 - Telephone: (614) 939-7213 Fax: (514) 933-7208 Mr. Sol Luger _ Mr. Sam Greenberg Project Manager: BCOM Property Corporation 540 Brickell Key Drive Miami, Florida 33131 Telephone: (305) 375-0090 Fax: (305) 375-8183 Mr. Michael Baumann - 1 Architect: t Wolfberg Alvarez Group - �t 5960 S.W. 57th Avenue Miami, Florida 33143 Telephone: (305) 666-5474 Fax: (305) 666-4994 Mr. David Wolfberg Landscape Architect: O'Leary Design Associates, P. A. William O'Leary 8525 S.W. 92 Street Miami, Florida-33156 Telephone: (305) 596-6096 Traffic: David Plummer & Associates, Inc. 4225 Salzedo Street Coral Gables, Florida 33146 Telephone: (305) 447-0900 Fax: (305) 444-4986 Mr. David Plummer - �5� 596 Zook Moore &Associates, Inc. j 901 North Point Parkway, Suite 200 West Palm Beach, Florida 33407 Telephone: (407) 583-4017 Mr. James R. Zook Economist: Sharpton, Brunson & Company, P. A. One Southeast Third Avenue Suite 2100 Miami, Florida 33131 Telephone: (305) 374-1574 Mr. Darryl Sharpton - Legal: Eckert Seamans Cherin & Mellott 701 Brickell Avenue, Suite 1850 Miami, Florida 33131 Fax: (305) 372-9400 Stanley B. Price, Esq. i. Telephone: (305) 347-3816 A. Vicky Leiva, Esq. `� Telephone: (305) 347-38.18 1 Project Data (Property Zoned SD-5) 1 1. LAND AREA _ • Land Area within Property Lines • Land Area 90' - 0" Into Miami River ' o Land Area 90' - 0" Into Biscayne Bay • Land Area to Mid -Point of Brlckeil Avenue 1 SUBTOTAL: • Additional 20% Allowed Increase under P.U.D. TOTAL GROSS LOT: 2. FLOOR AREA•ALLOWED (FAR) • Base F.A.R. = 4.25 3. FLOOR ARWEXPOSED (F.A.R.) (excluding p�Aing garage and basement) A. Phasel•1 • Lod y Level • M anine j • Res 'Floors: 1 - 8 (• pe} Floor) • Recreation Level j • Resd. Floors: 10 - 39 (" per Floor) SUBTOTAL: B. Phase 2 • Lobby Level • Recreation Level • Resd. Floors: 2 - 34 (• per Floor) SUBTOTAL: TOTAL SQ. FOOTAGE: SQ, FT. 92,481 40,755 5,819 20.688 159,743 31,949 191,692 191,692 X 4.25 � = 814,691 TOTAL GROSS ADJUSTED GROSS (APPROX. SQ. FT.) (APPROX. SQ. FT.) 8,912 8,310 11,917 8,360 74,424 68,624 (•9,303 SQ. FT.) . (°8,578 SQ. FT.) 13,683 8,946 410,490 378,750 (' 1 %683.SQ. FT.) (• 12,625 SQ. FT.) 519,426 SQ. FT. 472,990 SQ. FT. 6,700 6,000 8,698 4,892 287,034 263,010 08,698 SQ. FT.) ("7,970 SQ. FT.) 302,432 SQ. FT. 273,902 SQ. FT. 821,858 SQ. FT. 746,892 SQ. FT. T. 95-g 596 4 db ' X 4. TOTAL NUMBER OF APARTMENTS PROPOSED A. Phase 1 — 41 Story Tower: 39 Residential. Floors — • 6 Apts. X 39 FI's ............................................. 234 • 1 Apt. X 38 FI's ...................................... 38 • 1 Apt. X 31 FI's ....................... ... ................ 31 • 2 Apts. X 24 FI's ............... ....... ........ .......... 48 • 1 Apt. X16 We ................. .:..........16 • 2 Apts. X 13 FI's• . .. 26 • 1 Apt. X 6 F1's ................................................ 6 SUBTOTAL: 399 UNITS B. Phase 2 - 34 Story Tower: Above Parking Garage • 2 Apts. X 1 FI ..................... ......................... .. 2 • 6 Apts. X 33 FI's ..... .— ........... 198 SUBTOTAL: 200 UNITS 'DOTAL: 599 UNITS 5. OFF-STREET PARKING AND. LOADING REQUIREMENTS A. Pha ell 41 Story Tower: 12 Story Parking Garage l , • 36�Apartment Units @ 1 Parking Space per Unit ......................... 399 urant: 5,1805 sq. ft ............................................ 0 • Resta • Retail: 5,603 sq. ft. @ 1 Parking Space per 1,000 sq. ft . .................... 6 B. Phase 2.— 34 Story Tower: 11 Story Parking Garage e 200 Apartment Units @ 1 Parking Space per Unit ...................:.... 200 • Retail: 2,644 sq, ft. @ 1 Parking Space per 1,000 sq. ft. .................. 3 TOTAL PARKING SPACES REQUIRED 608 C. Handicapped Spaces Required............................... 18 Spaces Provided ........ ........ .......... 18 Spaces D. Off -Street Loading Spaces Required (12' X 55' ea., w/Ht. Clear. of 15' Min.) ...... • • • • • • • • . • • .. 5 Spaces Provided (1 @ 12' X 55' w/Ht. Clear. of 14' Min. and 4 @ 12' X 35' w/Ht. Clear. of 13' Min.) .................... 5 Spaces 95" 596 u 66.. OFF-STREET PARKING PROPOSED • Basement .. _ _ ..... ........................................ 29 Spaces '"1 • 1 st Level ... ......... ...... ............ ................ 46 Spaces 1 • _ 2nd Level ................ ......... .................. 76 Spaces • 3rd Level......... ........................................... 76 Spaces • '4th Level ............ ... .... ..... ... 76 Spaces • 5th Level ....... ..... .. ........... ............... 76 Spaces -� • 6th Level .......... .... ............. ........ -76 Spaces • 7th Level ................. ....... ................ .... 76 Spaces • 8th Level ... .... .. ............ , .. ...... .............. 76 Spaces • 9th Level ............ ...................... ..... ....... . 76 Spaces l 1 • 10th Leyel..................................................... 76 Spaces 11 th Lei I' ............... .................................... 76 Spices � _ w 12th Leif" ..... . ........ ............................... k� 45 Spaces TOTAL... ARKING SPACES PROVIDED 880 Spaces 6. SETBACK REdZiIIREMENTS Front (Brickeli Avenue): Required .... .... ..... ..... ........ ..... 30' Provided .... . ..... ............ ........... .... . 30' a Interior Side @ Garage: Required .. ... .. ........ .. ......... 15' Provided ... ..... ... ... ... ... ........ .. ... 1 7' Interior Side .@ Tower: Required .... . ... ... ..... .. ..... ... ... 40' Provided .. ... .. .. .... ..... .. ..... .. .... 40' Waterfront: Required .... . ....................... ... . .... . . 50' Provided ... .. .......... ........ ........... ......... 50' U01- 0 U b .ViA SHORELINE DEVELOPMENT REVIEW COMaTTEE RESOLUTION 91-SDRC-9 WHEREAS, Canada LTD/LTEE and 392208 Ontario Limited have applied for approval of architectural and site plans for 401 ­,_Brip,kellAvenue located at 401 Brickell Avenue,,Xiami as prepared `by_Cohen -Freedman. Encinosa, and dated Octobet 15t 1991 and the landscape,. plans. as prepared by Bradshaw Gill Fuster and Associates and dated October 9, 1991 and as -fully described in ..the attached recommendations, and WHEREA$,,, the proposed project consists of a 39-story apartment .,tpwer with 617 units, approximately 8,000 square feet of retail o'babe and a river promenade, and WHER Sy the subject application as filed with the Dade County Devdl pmental Impact Committee dated September 24, 1991 requests site plan approval, and WHEREAS, the Shoreline Development Review Committee considered whether and the extent to which the project as present . ed conformed to the Dade County Comprehensive Development Master Plan, the City of Miami Master Plant and.the Biscayne Bay Xanagement Plant and WHEREAS, the Shoreline Development Review.Committee of Dade County has as one of its primary responsibilities, the duty to determine the extent to which any plan or development action, as proposed, is in conformance with Dade County Ordinance 85-14 and the minimum standards set forth in Dade County Resolution 85-257, and 95- 596 M u RESOLUTION NO. 91-SDRC-9 Page No. 2 — WHEREAS, the Committee considered the recommendations of j Dade County staff, and. `WHEREAS, a public meeting of the Shoreline Development Review Committee of Dade County, Florida, was advertised and held, as required by law, and all interested parties in the matter were heard, and upon due and proper consideration having been given to'the matter; NOW THEREFORE BE IT RESOLVED, that at its advertised meeting of October;24, 1991, the Biscayne Bay Shoreline Development. t Review Comm�j ee, as moved by Ricardo Ruiz and seconded by Les A Beilinson Ae ommended approval of the development action as l� presented ano,` enumerated in the attached staff reports with the 1 following provisions and conditions: 1. That the size of the trees be upgraded. 2.That. the applicants submit a survey showing existing vegetation, and a proposal for relocating any significant trees on or off site. 3. That the applicants submit two -sets of revised plans to the Shoreline Coordinator for a determination of compliance with conditions 1 and 2. The vote on the motion was as follows: William O'Leary Aye Ricardo Ruiz - Aye Conchita Suarez - Aye Madelin Bunsters - Aye Sergio Bakas - Aye Franklin Grau - Aye Les Beilinson - Aye Jose Feito - Aye M- 95- 596 ltvi RESOLUTION NO. 1-SDRC-9 Page No. 3 Motion to approve passed - 8-0. This resolution constitutes the report of the Shoreline Development Review Committee together with all exhibits attached hereto submitted to the Dade County, Florida pursuant to Lade County Ordinance 85-14 which shall become a part of all hearings and/or permit records on the proposed development action. Respectfully submitted, )I- A -&.A 1 William A. O' a , F.A. .L.A. ji Chairman, Biscayne Bay Shdxeline Development Review Committee Date App. #91-11 95- 596 ECKERT SEAMANS CHERIN & MEU OTT i May 4, 1995 701 Brickell Avenue 18th Floor Lourdes Slazyk Miami, FL 33131 City of Miami Telephone 3051373-9100 Planning, Building and Zoning Department Fmimile3051372.9400 275 N.W. 2nd Street Miami, Florida 33128 Re: Bdckell PointIMUSP Application _ Dear Ms. Slazyk: I Please accept this letter as a formal request for the waiver of the Scenic View - Corridor Charter Amendment for the above -referenced Brickell Point project. It is our believe, pursuant to my letter to you of March 8, 1995, that our property meets the requirements of said Charter Amendment, however, to avoid any confusion we would ask �. for a waiver of the same. � This request is being,submitted as part of the MUSP application currently pending 'l before the City, and pursuant to Section 1301 of the City of Miami Zoning Ordinance 1 1100, this permit would be covered under the MUSP application permit which would be controlling. f Sinwely, A. Vicky 'va Miami AVL:id:22234 Harrisburg Pittsburgh Allentown Philadelphia Boston Buffalo Fort Lauderdale 30 Boca Raton _ - 95" 596 Tallahassee � , , TelephM3"1373-9100 bb. Lourdes S18zyck Facsimile 3051372-9400 Planning Department City of Miami 275 NW 2nd Street. Miami, Florida 33125 Miami Harrisburg Pittsburgh Allentown Philadelphia Boston Buffalo Fort Lauderdale Boca Raton waAmmoasusim"t ITIK OF. MAW PLAN1 NG. `BUILDING & ZONING DEPT. March 8, 1995 95 MAR - 9 PM ! : 3 9 Re: Large Scale Development Committee (LM) of March 7, •1995, Brickell Pointe project Dear Ms. Slazyck: e During the above referenced meeting issues were raised regarding the Charter of the City of Miami requirements as to the "Scenic Corridor" requirement for waterfront property. The Charter specifically mandates the preservation of the City's natural scenic beauty, to guaranty open spaces, and to protect the waterfront. In order to do so, the Charter requires at least a 50' setback from the seawall and average side yards equal in aggregate to at least 25% percent of the average lot width. It is our position that the Brickell Pointe project satisfies both of *these requirements. The Brickell Pointe project as evidenoel by the plan reviewed during the LSD Committee meeting, clearly shows a 50' setback from the seawall along the entire waterfront frontage of the property. As to the side yards, you will be able to ascertain from the attached sketch the average width of this lot which is calculated at 197.41 feet. This figure has been obtained by measuring the property width at five different points of the property (as you indicated to the architect) and averaging the five measurements for the total average width of 197.41 feet. The Charter requires that the average side yards be equal in aggregate to at least 25% of the average. lot width. Therefore, the least required average side yards would be 49.35 feet, the aggregate side yard provided is 67 feet. It is evident, based on the .calculations submitted to us by the, architect, that thi; project meets the requirements of the Charter provisions. Upon review of this letter by you and your staff, we are confident that you will concur with our findings that the 95- 596 5/ t EXISPNG SHERATO`c HOTEL PARVJNG GA GE EXISTING SHERATON HOTEL i ECKERF SEAMANS CHERIN & MELLOYr May 4, 1995 701 Brickell Avenue 18th Floor Lourdes Slazyk Miami, FL 33131 City of Miami Tekphau9051373-9100 Planning, Building and Zoning Department — Facsimile3051372-9400 275 N.W. 2nd Street Warm, Florida 33128 Re: Brickell Point/MUSP Application -- Dear Ms. Slazyk: Please accept this letter as a formal request for the appropriate permit for a "rental trailer" to be located on the site during construction of the above -referenced -project. This request is being submitted as part of the MUSP application currently pending _ �• before the City, and pursuant to Section 1301 of the City of Miami Zoning Ordinance t 1100, this permit would be covered under the MUSP application permit which would be �t controlling. _ AVL:id:22236 Miami Harrisburg Pittsburgh Allentown Philadelphia Boston Buffalo Fort Lauderdale Boca Raton Tallahassee ' rely, A. Vicky Leiva A. VirTcy T.FtvA 2 F 95- 596 ECKERT SEAMANS C HERIN & MELLOTT May 4, 1995 701'BrOceli Avenue 18th Floor Lourdes Slazyk Miami, FL33131 Plug, Building & Zoning Department Telephone 3051373-9100 City of Miami . Facsimile 3051372-9400 215 N.W. 2nd Street Miami, Florida 33128 Re: Brickell Point Dear Lourdes: Pursuant to your request, attached please find a letter from.' the Shoreline Development Review Committee declaring the above -referenced project in substantial compliance. If you have any further questions, please do not hesitate to call me at 347-3818. �1 Sincerely, A. Vicky Lei - AVL:id:22222 A. VICICY LEIVA _ 596 0 ar METROPOLITAN DADE COUNTY; FLORIDA METRO METRO)-DADE CENTER OFFICE OF THE COUNTY MANAGER DEVELOPMENTAL IMPACT COMMITTEE SUITE 1210 III N.W. 1ST STREET MIAMI, FLORIDA 33128.1911 (306) 376.2657 April 20, 1995 Stanley B. Price, Esq. - Eckert Seamans Cherin & Mellott 701;Brickell Avenue, 18th Floor MiiamL FL 33131 Re: Brickell Paint-BCom Properties Located 401 Brickell Avenue (Shoreline(Appl. 95-2) Dear Mr. Price: As you are aware'by your attendance at yesterday'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 the fact that the plan wasNn substantial compliance with the previously approved plan. If you have any further questions please do not hesitate to call me at 375-2589. cc: Lourdes Slazyk Planning, Building & Zoning City of Miami Sincerely, Alex A. David, Coordinator Shoreline Development Review Committee 95- 596 1 Section 1304.2.1 Application forms; supplementary materials (a) 'Statement of ownership and control of the proposed development of activity. The Disclosure of Ownership and Ownership Affidavit are provided in Article I. (b), Statement describing in detail the character and intended use of the development or activity. Brickell Point which is located at 401 Brickell Avenue, Miami, Florida Ithe­ Property."), will consist of two highrise rental residgptial apartment towers and retail space. The development consists of a Ongle parcel with a net lot area of 2.12 acres. The gross lot area is 3.67 acres. The property contains 159,743 square feet of gross lot area. The north property line fronts the Miami River, the east property line faces Biscayne Bay and the west property line fronts on Brickell Avenue. Brickell Point will have 599 apartment units located in two towers. Tower one will have 41 *levels above its service area and Tower two will hav�e 34 levels above the base parking structure. , The residential towers will compliment the Brickell Avenue pffice district and offer magnificent views of Downtown Miami, Biscayne Bay and Ylami Beach. A retail and restaurant area, totalling approximately 11,000 square fe t, will be provided within the first two floors of Tovpr One.. In addition, the level of Tower Two will accommodate approximateIV 2,500 square feet of retail s�ce. The retail area and restaurant will be availably for the use of the public. There will also• be a riverwalk along the Miami River �nd Biscayne Bay. The riverwalk will provide benches, lighting and safety feltures*. Drawings showing the architectural character and location of the intended use are included under Tab 6 of the Supporting Documents. .Tower One will have 472,990 adjusted gross square feet. Tower Two will have 273,902 adjusted gross square feet for a total of 746,892 gross square feet. There will be an additional 11,000 square feet for retail, restaurant/cafe. Parking will be available on Levels One through Twelve. There will be approximately 880 r 'parking spaces with valet parking within the service level.- All higher levels will have studiol, one-, two-, and three -bedroom apartments. T. 95- 596 i The amenities which are being provided to the tenants include the swimming pool, jacuzzi, tennis court, racquetball court, a health club, and -several multipurpose spaces all located on the eleventh floor. Amenities available to the public, as well I ' as the tenants, include the riverwalk along the Miami River and Biscayne Bay, the restaurant, and retail areas. I ! (c) Gkneral location map, showing relation of the site or activity for which special permit is sought to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project or activity and the like. !f The following exhibits are included with the Major Use Special Permit Application under Tab 6 of the Supporting Documents: (1) Sheet LP-1: Map of the surrounding street system indicating the project l - location. (2) Sheet LP-2: Aerial photograph of the surrounding area indicating the project site. (d) A site plan containing the tale of the project and the names of the project planner and developer, date, and north arrow and, based on an exact survey of the propertydrawn to a scale of sufficient size to show: The Site flan is located as Sheet A.1 under Tab 6 of the Supporting Documents. (1) Boundaries of the project, any existing streets, build . g, watercourses, easements and section lines; f) The boundaries of the project and the location of existing streets and �j easements are shown on the survey located under Tab 5 of the Supporting Documents. (2) Exact location of all buildings and structures; The exact location of all existing buildings located on the Property is shown on the surveylocated under Tab 5 of the Supporting Documents. pp g [� The location of the buildings to be constructed are shown on the Site Plan, Y under Tab 6 of the Supporting Documents. (3) Access and traffic flow and how vehicular traffic will be separated from pedestrian and other types of traffic; a 95- �596 39 u. A detailed analysis of site access and traffic flow for the development is provided in the Traffic Impact Analysis located under Tab 2 of the Supporting Documents. Vehicular access for residents, visitors and service vehicles will occur via the Property entrance parallel to Brickell Avenue (access to this entrance is through Northeast 5th Street). Service vehicles will turn north from the entrance road to access the service area. Residents and visitors will continue onto the Property and gain access to the parking garage. (4) Qffstreet parking and offstreet loading area; ®ffstreet parking will be provided within the twelve level parking garage. All levels will be accessed by ramps located on both the north and south Th 1 ki ' • tel 378 393 portions of the garage. a tote par ng area is approxtma y square feet. Lopoing areas are provided on the south side. of the Property. - (5) Re6reational facilities locations; i Re4reational facilities for the development are shown d the Eleventh Floor Levi Recreation Deck Plan, under Tab 6 of the Suppb�ing Documents. (6) Screens and buffers; Landscaping and buffer areas are indicated on the Landscape Plan, Sheet 'r L-1 through L-4 under Tab 6 of the Supporting Documents. (7) Refuse collections areas; Waste collection ' will be provided by a containerized compactor system located in the service area. 8 Access to utilities and points of utilities hookups. ao - 95- 596 dive r � Connection points to site utilities are discussed in the Site Utility Study located under Tab 3 of the Supporting Documents. (e)Tabulations of total gross acreage in the project and' the percentages thereof proposed to be devoted to the permitted uses and ground coverage. j See Sheet Z-P1 under Tab 6 of -the Supporting Documents. 159,743 square feet 3.67 gross acres 1 l (1) The various permitted uses; '{ Land Use )' Land Use Parking:; 378,393 gross square feet -t- 159,743 square feet = 237% Residential and Retail: 746,892 gross square feet _ 159,743 square feet = 468% (2) Ground coverage by structures. Ground coverage of both the parking structure and adjoining Id bias, retail, etc. of both ToweYs is approximately 44,975 square feet or 23% of he total gross lot. RR y D(f) Tabulation showing: (1) The derivation of numbers of offstreet parking and offstrbet loading spaces flshown in (d) above; The offstreet loading area shown on the Basement (Service) Level Plan, Sheet A1.2 under Tab 6 of the Supporting Documents, provides 5 loading bays. (2) Total project density in dwelling units per acre. The residential towers will consist of 599 apartment units and 3.67 gross acres. The residential project density per acre will be as follows: 599 residential dwelling units =- 3.67 gross acres = 163 dwelling units per acre. IH (g) If common facilities (such as recreation areas of structures, private streets, common open space, etc.) are to be provided for the development, statements as to how such common facilities are to be provided and permanently maintained, q5- 596 Common facilities provided will include the swimming pool, outdoor recreation deck areas, tennis court, racquetball court, and health club. The common areas will be maintained by the owner. Storm drainage and sanitary sewerage plans. Storm drainage, water distribution, waste water and solid waste generation provisions are discussed in the Site Utility Study located under Tab 3 of the Supporting Documents. (i) Architectural definitions for buildings in the development; exact number of dwelling units, sizes, and types, together with typical floor plans of each type. The development will include two highrise residential towers with retail space at the lower levels. Typical floor plans for the residential floors are included on Sheets AM through A1.7 under Tab 6 of the Supporting Documents. The retail areas are shown on sheets AM and A1.3 under Tab 6 of the Supporting Documents. _ (j) Plans for signs, if any. An illumi ted project sign will be located at the southwest'corner of the Property. The prop ed sign will have metal back -lit letters on a metal background. The size . and style ill be in compliance with -the required regulations. Smaller signs will be located at , e entry porte cochere. Retail space and cafe willrovide illuminated signs in compliance with the required regulations. (k) Landscaping plan, including types sizes and lo cations of vegetation and decorative shrubbery, and showing provisions for irrigation and future maintenance. The landscaping plan located on Sheets L-1 through L-4 under Tab 6 of the 'Supporting Documents, specify the plant types, sizes and locations, as well as, indications that all planted areas will be fully irrigated and maintained by the Owners. (1) Plans for recreation facilities, if any, including location and general description of buildings for such use. Recreational facilities provided will include a swimming pool, jacuzzi, tennis court, racquetball court, a health club and several multipurpose spaces. Such additional data, maps, plans, or statements as may be required for the particular use or activity involved. The Drawings Submitted with this Application are located under Tab 6 of the Supporting Documents. 95- 596 A (n) Such additional data as the applicant may believe is pertinent to the proper consideration of the site and development plan. None. 2. Section 1702.2.1 General Report. (1) Property. ownership or ownerships and beneficial interest within the boundaries of the area proposed for Major Use Special Permit. Statement of Ownership and beneficial interest withltxthe boundaries of the area proposed for the Major Use Special Permit are provided in Article I.B. & C. (2) The nature of the unified Interest or control. The nature of unified interest or control is indicated in Article I.B. & C. (3) Survey of the proposed area showing property lines and ownership. A copy of the survey of,the Property is included under Tab 5 of the Supporting Docurneits. (4) Map of xlstlng features, including streets, alleys, easements, utilities lines, existing 17 7 d use, general topography, and physical features The existing site features and utility lines are shown on the �urvey of Property located under Tab 5 and the Site Utility Study located under Tab 3 of the Supporting Documents. In addition, the following exhibits are included with the .Major Use Special Permit Application; a. Sheet LP-1: Map of the surrounding street system indicating the project location. b. Sheet-LP-2: Aerial photograph of the surrounding area indicating the project site. (5) Materials to demonstrate the relationship of the elements listed in (4) preceding to surrounding area characteristics. The Drawings Submitted with this Application, are located under Tab 6 of the Supporting Documents. (6) Existing zoning and adopted comprehensive plan designations for the area on and around the lands proposed for Major Use Special Permit. The existing zoning designation for the Property pursuant to City of Miami gs- 596 „r; 01. Ordinance No..11000, is SD5 (Special District 5). The Zoning Atlas Map on page 36 indicates the existing and surrounding zoning. The comprehensive plan future land use designation for the property is Office. The zoning and the comprehensive plan designation are consistent. 3 Section 1702.2.2 Major Use Special Permit Concept Plan. a. Relationships of the concept plan to surrounding existing and proposed future. 1 uses. This Article contains a written narrative of the Project outlining proposed use, R.. activities and architectural character. This narrative also contains descriptions of the Project"s relationship to -traffic, pedestrian movements, and transportation access. Maps located on Sheet LP-1 indicate the Project's relationship to surrounding streets, land uses and functions. Building elevations, sections and perspectives showing the proposed materials, vertical profile and height, and orientation to streets is included in the Drawings Submitted with this Application. The list., of Drawings Submitted is found under Tab '6 of the Su ortin PP g Documents. b. Existing zoning and adopted' comprehensive plan principles and designations. !J This Projet conforms to the SD-5 zoning for the Property. `The comprehensive plan futurea.land use designation conforms with the land use d signation currently _ in effect for this Property. No zoning variances, or spe .ial exceptions are ,contemplated for execution of this Project. Further, a concurrent MUSP application will be submitted for a PUD pursuant to Zoning Code 11000, Article 5, Sect. 502. R� 4. Section 1702.2.3 Developmental Impact Study. a. A traffic analysis shall be submitted for an area within approximately 1 /4 mile of the site, or an area including the major intersections to be impacted by the site, whichever is larger. The Traffic Impact Analysis is included under Tab 2 of the Supporting Documents. j b. Economic impact data shall be provided, including estimates for construction j costs, construction employment, and permanent employment. The Economic Impact Study is included under Tab 4 of the Supporting Documents. C. A housing impact assessment. There are 92 existinglow cost rental units on the Property, of which p rty, hich 73 units are rented. The monthly rental per unit ranges between $265 and $465, with an - 9r- 596 Sia`i��V! F average of $330. Of those 92 units, 15 units are not rentable due to their dilapidatedcondition. The rented units are on a month -to -month tenancy. These 92 units will be replaced with 600 affordable moderate income rental apartments. The average apartment will approximate 475 square feet for a studio, 775 square feet for a one bedroom, 1,150 square feet for a two -bedroom, and 1,600 square feet for a three -bedroom unit. Rents will range between $800 for a studio and $2,300 for a three -bedroom unit. The loss of 73 low-income housing units will be replaced with 600 affordable moderate income housing units in furtherance of the following sections of the Downtown Master Plan: Policy I-C• I i Downtown's existing neighborhoods were built decades ago under very different market conditions than exist today. To produce moderate cost' j� units, higher densities allowing for more efficient land development will u be required. Density increases however, should be moderate and timed to' 'coincide with reasonable expectations of market demand and investmgnt. As property owners present viable development applicatigns, the City should accommodate private requests for zoning increases' kin the following areas: DPolicy -2B: � , i U Creating bookends north and south of the 'CBD, the Park Vilest and Central Brickell areas can become a concentration of highrise residential towers forming new in -town neighborhoods with urban lifestyles that resemble the upper West side in New York or the Uptown area around North Michigan Avenue in Chicago. The immediate relationship of Central Brickell to the prestige Brickell Avenue office district makes Central Brickell one of the best area of downtown to accommodate the need for quality (not luxury) high-rise rental, condominium and D cooperative housing. This residential use should be mixed with high intensity office use and service retail located on streets enhanced with pedestrian amenities. Brickell Promenade (SE/SW 10th Street is the proposed activity center for this neighborhood (see Enhancing Public Spaces, Policy 3-13)..... Policy 3-8: The City of Miami's Affordable Housing Trust Fund was established in 1985 to receive contributions from new private sector commercial development projects in the SPI-5 zoning district along Brickell Avenue and in the SPI-7 zoning district in Central Brickell. In both of these 1 95- 596 zoning districts, housing is encouraged to be provided onsite through Floor Area Ratio (FAR) incentives. As an alternative to on -site housing, t-" the developer is given a FAR bonus in exchange for a voluntary contribution to the Affordable Housing Trust Fund. The Trust Fund is required to be used to subsidize affordable housing within the zoning district from which the funds were collected. Funds collected within the SPI-5 District may alternatively be used within Southeast Overtown Park West or within a one mile radius of the SPI-5 district. d.. A description of proposed energy conservation measures shalt be provided, including only ' those meaeures that are proposed In addition to the minimum requirements in State .� Energy Code. Architecturally,. the building envelope will be comprised of insulated walls and roof. Mechanically, the cooling system will consist of water cooled heat pumps which surpass the minimum seer and cop required by the State Energy Code. Extensive use. of wall shading by means of canopies and balconies will be implemented. Highly tinted glass will be used throughout the building. Electrically, all gxterior and landscape lighting will be controlled by means of time clocks and photocell s itches. Energy saving lamps, ballasts and fixtures are being considered at all common lreas. All motors over one-half horsepower will be high efficiency motors. I N e. Historic buildings. i There are no historic structures located on the Property. P nY• r ' f. Environmental zone. The Property is not located within an environmental preservation district. D g. Dade County Shoreline Development Review. On October 9, 1991, Brickell Point was unanimously approved by the Dade County Shoreline Development -Review Committee. Resolution 91-SDRC-9 recommends s approval and is located under Article I(G). A determination of substantial compliance has been requested before the Dade County Shoreline Development Review Committee. � - 596 M 1 , RESOLUTION PAB - 22-95 A RESOLUTION RECCOMENDING IPPROVAL WITH CONDITIONS OF A MAJOR USE SPECIAL PERMIT IN ORDER TO DESIGNA E THE BRICKELL POINT PROJECT LOCATED AT 401 BRICKELL AVENUE, AS A PLANNED UNIT DEVELOPMENT, PURSUANT TO ARTICLE 5 OF ZONING ORDINANCE 11000; SAID PROJECT TO BE COMPRISED OF NO MORE THAN 599 RESIDENTIAL UNITS; APPROVING SAID MAJOR USE SPECIAL PERMIT SUBJECT TO THE CONDITIONS OF IHE DEVELOPMENT ORDER, ATTACHED HERETO AS "EXHIBIT A", 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, BUILDING AND ZONING 95- 596 97 FINDINGS OF FACT PROJECT DESCRIPTION: The proposed-Brickell Point Project is a residential use development located at approximately 401 Brickeli Avenue, Miami, Florida ("Project"). The PROJECT is located on approximately 3.62 gross acres and 2.12 net acres of land (more specifically described on "Exhibit B," incorporated herein by reference). The remainder of the PROJECT's VITAL DATA is attached hereto as "EXHIBIT C", and incorporated herein by reference. The amenities which.are being provided to the tenants include a swimming pool, jacuzzi, tennis court, racquetball court, a health club and several multipurpose spaces, all located on the eleventh floor. Amenities available to the public, as well as the tenants, include the riverwalk along the Miami River and Biscayne Bay, the restaurant and retail areas. 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 maximizing the property's unique location at the mouth of the Miami River and Biscayne Bay. The two residential towers will compliment the Brickell Avenue Office District and offer magnificent views of Downtown Miami, Biscayne Bay and Miami Beach. The Project consists of a wide, well integrated River and Baywalk which surrounds the Projects northern eastern waterfront edges. No variances, special exceptions, rezonings 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 7, 1994, and the Urban Development rage 2 95_ 596 ,t i,'�, W Review Board meeting of April 18, 1995 (with the exception of a condition regarding the building top design which is addressed in the conditions for development approval herein). The Project shall be constructed substantially in accordance with plans and design schematics on file prepared by Wolfberg Alvarez and Partners dated 3/10/95 with revisions dated 5/8/95 said plan 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 SD-5 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 residential uses. The application for development approval also includes a request for approval of a Class II Special Permit for the placement of a leasing trailer on the subject property during construction and a request for waiver of any applicable Waterfront Charter requirements not being met by the final plans. Pursuant to Articles 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit(s) shall be considered sufficient for the two subordinate requests referenced above. Page 3 95- 596 3 The PROJECT may be constructed with up to 821,858 total gross square feet; 746,892 adjusted gross 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. CONDITIONS — THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, SHALL: 1. Meet all applicable building codes, land development regulations, ordinances and other l aws . 2. 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 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. 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; -page 4 95- 596 �,..4 Prior to 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; 5. Prior to issuance of a building permit, provide a letter of assurance from the Solid Waste Department that the PROJECT has addressed all concerns of the said Department; 5. Prepare a Minority Participation and Employment Plan to be submitted within ninety (90) days of the issuance of this Major Use Special Perm -it to the City's Director of Minority and Women Bus-iness 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. 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; Page 5 95— 596 59 ,i. 8. 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. Record in the 'Public Records of Dade County, Florida, a certified copy of°the development order within 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. 10. Prior to the issuance of a building permit, modify the submitted plans on file to propose a more appropriate cap or terminating piece to the building, per the comments received by the Urban Development Review Board at its meeting of 4/18/95; said modified building top plan shall be subject to the review and approval of the Director of the Planning, Building and Zoning Department; said review and approval may consist of a referral to the Urban Development Review Board for comments if deemed necessary by the Director. 11. Record in the Public Records of Dade County, Florida, within six (6) months of the effective date of the development order, a Unity of Title for the subject property. 12. The Dade County Archeologist shall be notified prior to any ground disturbing"activities so that archeological monitoring can take place. THE C1TY SHALL: 1. Subject to payment of all applicable fees due, establish the effective date of this Permit as being thirty (30) days from the date of its issuance with the issuance date constituting, the commencement of the thirty (30) day period to appeal from the provisions of the Permit; -Page 6 596 CONCLUSIONS OF LAW The Brickell Point Project, proposed by the applicant, Vicky Leiva, e.sq., for'97807 Canada Ltd. & 392208 Ontario 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 Zoning Ordinance 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 placesof employment; and (4) The Project will efficiently use necessary public facilities; and (5) The Project will not negatively impact the environment and natural resources of the City; and (6) _ The, Project will not, adversely affect 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. 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; and Pursuant to Section 1305 of Zoning Ordinance 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. [d2]<musps/95>brickell/pt/do/2 Page s 95- 59 w� EXHIBIT B LEGAL DESCRIPTION All that portion of BRICKELL POINT, according to the plat thereof, recorded in Plat Book 8, at Page 34, of the Public Records of Dade County, Florida, lying East of the Easterly boundary line of S.E. 2nd. Ave., Bridge appT—oath across the Miami River, described as follows: _ Commence at _the intersection of the North line or its prolongation Eastward of the Northerly tine of S.E. 5th St., with the Easterly boundary line of Brickell Avenue' (S.E. 1 st. Ave.), according to the plat thereof, as recorded in flat Book 8 at Page 34, of the Public Records of Dade County, Florida, thence Northerly along the Easterly boundary line of the S.E. 2nd Ave., Bridge approach across the Miami: River, according to condemnation proceeding recorded in July 16, 1928 in Circuit Court Minute Book 36, at Page 290, of the Public Records of Dade County, Florida, and along a tangential circular curve having a radius of 532.28 feet through central angle of 15 degrees 13 minutes 30 seconds for an arc distance of 141.44 feet to the end of said curve, thence continue along the East boundary line for the S.E. 2nd. Ave., Bridge approach as aforesaid and along the bearing of North 1 degree 52 minutes 35 seconds West for a distance of 112.78 feet to the Point of Beginning of the parcel of land herein described; thence continue North along the aforesaid S.E. 2nd. Ave., Bridge approach for a distance of 186.52 feet (186 feet by Deed) to a point on the bulk -head line along the South bank of the Miami River; thence North 86 degrees 35 minutes 21 seconds East to 282.07 feet (North 86 degrees 27 Minutes 45 seconds East 282.37 feet'by Deed) along said bulk- head line to a point; thence continue along said bulk -head line North 72 degrees 13 minutes 21 seconds East for a distance of 131.59 feet (North 72 degrees 7 minutes 25 seconds East 131.07 feet by Deed) to a point marking the beginning of a tangential circular curve; thence Easterly and Southeasterly along said bulk -head line and along a curve having radius of 100.21 feet through a central angle 55 degrees 52 minutes 21 seconds for an arc distance of 97.54 feet (100 feet radius, central angle 56 degrees, arc -distance 97.74 feet by Deed) to the end of said curve thence continue South 51 degrees 52 minutes 18 seconds East along said bulk -head line along a line tangent to the aforesaid curve for a distance of 64.53 feet to a point (South 51 degrees 52 minutes 35 seconds East 64.54 feet by Deed); thence South 38 degree 17 minutes 25 seconds West for a distance of 221.00 feet to a point; thence South 88 degrees 07 minutes 25 seconds West for a distance of 407.5 feet to the Point of Beginning; Containing 99,253.59 square feet (2.2785 Acres) More or Less. LESS: The West 10 feet thereof, dedicated for Street and sidewalk containing 1637.70 3 95- 596 x C ! square feet. And subject to an easement for Ingress and Egress of the Southwesterly corner of described property being all of that portion of circular sector having a radius of'35 feet and a central angle of 180 degrees and an area of 1924.2 square feet, said Easement being a portion of that certain Easement granted in Chancery Case No. 54,811 of the Circuit Court of Dade County, Florida. 3, EXHIBIT C Project Data (Property Zoned SD-5) 1. LAND AREA SQ. FT. • Land Area within Property Lines 92,481 • Land Area 90' - 0" into Miami River 40,755 o Land Area 90' - 0" into Biscayne Bay 5,819 0 Land Area to Mid -Point of Brickell Avenue 20,688 SUBTOTAL: 159,743 • Additional 20% Allowed Increase under P.U.D. 31,949 TOTAL GROSS LOT: 191,692 2. FLOOR AREA ALLOWED (FAR) ® Base F.A.R. = 4.25 191,692 X 4.25 = 814,691 3. FLOOR AREA EXPOSED (F.A.R.) (excluding parking garage and basement) TOTAL GROSS ADJUSTED GROSS A. Phase 1 (APPROX. SQ. FT.) (APPROX. SQ. FT.) • Lobby Level 8,912 8,310 • Mezzanine 11,917 8,360 • Resd. Floors: 1 - 8 74,424 68,624 (° per Floor) (•9,303 SQ. FT.) (•8,578 SQ. FT.) • Recreation Level 13,683 8,946 • Resd. Floors: 10 - 39 410,490 378,750 (° per Floor) l"13,683.SQ. FT.) (• 12,625 SQ. FT.) SUBTOTAL: 519,426 SQ. FT. 472,990 SQ. FT. B. Phase 2 • Lobby Level 6,700 6,000 • Recreation Level 8,698 4,892 • Resd. Floors: 2 - 34 287,034 263,010 (• per Floor) (*81698 SQ. FT.) ("7,970 SQ. FT.) SUBTOTAL: 302,432 SQ. FT. 273,902 SQ. FT. TOTAL SQ. FOOTAGE: 821,858 SQ. FT. 746,892 SQ. FT. /P 6 95- 596 " i 4, TOTAL NUMBER OF APARTMENTS PROPOSED A. Phase 1 — 41 Story Tower: 39 Residential Floors • 6 Apts. X 39 FI's............................................. 234 • 1 Apt. X 38 F1's ... ........................ . ................. 38 • •1 Apt. •X 31 FI's............................................... . 31 • 2 Apts. X 24 FI's............................................. 48 • 1 Apt. X 16 FI's................................................ 16 • 2 Apts. X 13 FI's............................................... 26 - • 1Apt. X 6FI's............................................... 6 SUBTOTAL: 399 UNITS B. Phase 2 -- 34 Story Tower: Above Parking Garage • 2 Apts.X 1F1 .......................................... ....2 • 6 Apts. X 33 FI's .............................................. 198 SUBTOTAL: 200 UNITS TOTAL: 599 UNITS 5. OFF-STREET PARKING AND LOADING REQUIREMENTS A. Phase 1 — 41 Story Tower: 12 .Story Parking Garage • 399 Apartment Units @ 1 Parking Space per Unit ........................ 399 eRestaurant: 5,805 sq. ft ............................................ 0 • Retail: 5,603 sq. ft. @ 1 Parking Space per 1,000 sq. ft. .................... 6 B. Phase 2 — 34 Story Tower: 11 Story Parking Garage • 200 Apartment Units @ 1 Parking Space per Unit ........................ 200 e Retail: 2,644 sq. ft. @ 1 Parking Space per 1,000 sq. ft. .................. 3 TOTAL PARKING SPACES REQUIRED 608 C. Handicapped Spaces Required................................. ...... ..... 18 Spaces Provided............................................... 18 Spaces D. Off -Street Loading Spaces Required (12' X 55' ea., w/Ht. Clear. of 15' Min.) ................... 5 Spaces Provided (1 @ 12' X 55' w/Ht. Clear. of 14' Min. and 4 @ 12' X 35' w/Ht. Clear. of 13' Min.) .................... 5 Spaces We P". I - 05- 596 6. OFF-STREET PARKING PROPOSED • Basement .................................................... 29 Spaces • 1st Level .................................................... 46 Spaces • 2nd Level .................................................... 76 Spaces • 3rd Level .................................................... 76 Spaces • 4th Level .................................................... 76 Spaces • 5th Level ......................... , .......................... 76 Spaces • 6th Level .................................................... 76 Spaces • 7th Level .................................................... 76 Spaces " '• 8th Level .................................................... 76 Spaces • 9th Level.....................................................76 Spaces • 1Oth Level ................................................... 76 Spaces • 11 th Level ................................................... 76 Spaces • 12th Level ................................................. 45 Spaces TOTAL PARKING SPACES PROVIDED 880 Spaces ^'^ 6. SETBACK REQUIREMENTS Front (Brickeil Avenue): Required...................................................... 30' Provided.............................. .................... 30' Interior Side @ Garage: Required...................................................... 15' Provided........ .................. .............. ....... 17' Interior Side @ Tower: Required...................................................... 40' Provided....................................................... 40' Waterfront: Required...................................................... 50' Provided...................................................... 50' - 95- 596 � / 1. Section 1304.2.1 Application forms; supplementary materials (a) Statement of ownership and control of the proposed development of activity. The Disclosure of Ownership and Ownership Affidavit are provided in Article I. (b) Statement describing in detail the character and intended use of the development or activity. Brickell Point which is located at 401 Brickell Avenue, Miami, Florida (the "Property"), will consist of two highrise rental residential apartment towers and retail space. The development consists of a single parcel with a net lot area of 2.12 acres. The gross lot area is 3.67 acres. The property contains 159,743 square feet of gross lot area. The north property line fronts the Miami River, the east property line faces Biscayne Bay and the west property line fronts on Brickell Avenue. Brickell Point will have 599 apartment units located in two towers. Tower one will have 41 levels above its service area and Tower two will have 34 levels above the base parking structure. The residential towers will compliment the Brickell Avenue office district and offer magnificent views of Downtown Miami, Biscayne Bay and Miami Beach. A retail and restaurant area, totalling approximately 11,000 square feet, will be provided within the first two floors of Tower One. In addition, the entry level of Tower Two will accommodate approximately 2,500 square feet of retail space. The retail area and restaurant will be available for the use of the public. There will also be a riverwalk along the Miami River and Biscayne Bay. The riverwalk will provide benches, lighting and safety features. Drawings showing the architectural character and location of the intended use are included under Tab 6 of the Supporting Documents. Tower One will have 472,990 adjusted gross square feet. Tower Two will have 273,902 adjusted gross square feet for a total of 746,892 gross square feet. There will be an additional 11,000 square feet for retail, restaurant/cafe. Parking will be available on Levels One through Twelve. There will be approximately 880 parking spaces with valet parking within the service level. All higher levels will have studio, one-, two-, and three -bedroom apartments. 9!t,- 596 rr , It�lR i?M. The amenities which are being provided to the tenants include the swimming pool, jacuzzi, tennis court, racquetball court, a health club, and several multipurpose spaces all located on the eleventh floor. Amenities available to the public, as well as the tenants, include the riverwalk along the Miami River and Biscayne Bay, the restaurant, and retail areas. (c) General location map, showing relation of the site or activity for which special permit is sought to major streets, schools, existing utilities, shopping areas, important physical features In and adjoining the project or activity and the like. The following exhibits are included with the Major Use Special Permit Application under Tab 6 of the Supporting Documents: (1) Sheet LP-1: Map of the surrounding street system indicating the project location. (2) Sheet LP-2: Aerial photograph of the surrounding area indicating the project site. (d) A site plan containing the title of the project and the names of the project planner and developer, date, and north arrow and, based on an exact survey of the property drawn to a scale of sufficient size to show: The Site plan is located as Sheet A.1 under Tab 6 of the Supporting Documents. (1) Boundaries of the project, any existing streets, building, watercourses, easements and section lines; The boundaries of the project and the location of existing streets and easements are shown on the survey located under Tab 5 of the Supporting Documents. (2) Exact location of all buildings and structures; The exact location of all existing buildings located on the Property is shown on the survey located under Tab 5 of the Supporting Documents. The location of the buildings to be constructed are shown on the Site Plan, under Tab 6 of the Supporting Documents. (3) Access and traffic flow and how vehicular traffic will be separated from pedestrian and other types of traffic; 95- 596 � r�k i A detailed analysis of site access and traffic flow for the development is provided in the Traffic Impact Analysis located under Tab 2 of the Supporting Documents. Vehicular access for residents, visitors and service vehicles will occur via the Property entrance parallel to Brickell Avenue (access to this entrance is through Northeast 5th Street). Service vehicles will turn north from the entrance road to access the service area. Residents and visitors will continue onto the Property and gain access to the parking garage. (4) Offstreet parking and offstreet loading area; Dffstreet parking will be provided within the twelve level parking garage. All levels will be accessed by ramps located on both the north and south portions of the garage. The total parking area is approximately •378,393 square feet. Loading areas are provided on the south side of the Property. (5) Recreational facilities locations; Recreational facilities for the development are shown on the Eleventh Floor Level Recreation Deck Plan, under Tab 6 of the Supporting Documents. (6) • Screens and buffers; Landscaping and buffer areas are indicated on the Landscape Plan, Sheet L-1 through L-4 under Tab 6 of the Supporting Documents. (7) Refuse collections areas; Waste collection will be provided by a containerized compactor system located in the service area. (8) Access to utilities and points of utilities hookups. 9�', L;_6 Connection points to site utilities are discussed in the Site Utility Study located under Tab 3, of the Supporting Documents. (e) Tabulations of total gross acreage in the project and the percentages thereof proposed to be devoted to the permitted uses and ground coverage. See Sheet Z-P1 under Tab 6 of the Supporting Documents. 159,743 square feet 3.67 gross acres (1) The various permitted uses; Land Use Land Use Parking: 378,393 gross square feet + 159,743 square feet = 237% Residential and Retail: 746,892 gross square feet -a- 159,743 square feet = 468% (2) Ground coverage by structures. Ground coverage of both the parking structure and adjoining lobbies, retail, etc. of both Towers is approximately 44,975 square feet or 23% of the total gross lot. IMP (f) Tabulation showing: (1) The derivation of numbers of offstreet parking and offstreet loading spaces shown in (d) above; The offstreet loading area shown on the Basement (Service) Level Plan, Sheet A1.2 under Tab, 6 of the Supporting Documents, provides 5 loading bays. (2) Total project density in dwelling units per acre. The residential towers will consist of 599 apartment units and 3.67 gross acres. The residential project density per acre will be as follows: 599 residential dwelling units -+- 3.67 gross acres = 163 dwelling units per acre. (g) If common facilities (such as recreation areas of structures, private streets, common open space, etc.) are to be provided for the development, statements as to how such common facilities are to be provided and permanently maintained. Common facilities provided will include the swimming pool, outdoor recreation deck areas, tennis court, racquetball court, and health club. The common areas will be maintained by the owner. (h) Storm drainage and sanitary sewerage plans. Storm drainage, water distribution, waste water and solid waste generation provisions are discussed in the Site Utility Study located under Tab 3 of the Supporting Documents. (i) Architectural definitions for buildings In the development; exact number of dwelling units, sizes, and types, together with typical floor plans of each type. The development will include two highrise residential towers with retail space at the lower levels. Typical floor plans for the residential floors are included on Sheets A1.4 through A1.7 under Tab 6 of the Supporting Documents.. ,The retail areas are shown on sheets AM and A1.3 under Tab 6 of the Supporting Documents. Q) Plans for signs, If any. (k) An illuminated project sign will be located at the southwest corner of the Property. The proposed sign will have metal back -lit letters on a metal background. The size and style will be in compliance with the required regulations. Smaller signs will be located at the entry porte cochere. Retail space and cafe will provide illuminated signs. in compliance with the required regulations. Landscaping plan, including types, sizes and locations of vegetation and decorative shrubbery, and showing provisions for irrigation and future maintenance. The landscaping plan located on Sheets L-1 through L-4 under Tab 6 of the Supporting Documents, specify the plant types, sizes and locations, as well as, indications that all planted areas will be fully irrigated and maintained by the Owners. (1) Plans for recreation facilities, if any, including location and general description of buildings for such use. Recreational facilities provided will include a swimming pool, jacuzzi, tennis court, racquetball court, a health club and several multipurpose spaces. (m) Such additional data, maps, plans, or statements as may be required for the particular use or activity involved. The Drawings Submitted with this Application are located under Tab 6 of the Supporting Documents. 95-b 596 Invi'VI r A�,w�°V Such additional data as the applicant may believe is pertinent to the proper consideration of the site and development plan. None. 2. Section 1702.2.1 General Report. (1) Property ownership or ownerships and beneficial interest within the boundaries of the area proposed for Major Use Special Permit. Statement of +Ownership and beneficial interest within the boundaries of the area ' proposed for the Major Use Special Permit are provided in Article I.S. & C. (2) The nature of the unified interest or control. The nature of unified interest or control is indicated in Article I.S. &-C. (3) Survey of the proposed area showing property lines and ownership. A copy of the survey of the Property is included under Tab 5 of the Supporting Documents. (4) Map of existing features, Including streets, alleys, easements, utilities lines, existing land use, general topography, and physical features. .., The existing site features and utility lines are shown on the survey of Property i located under Tab 5 and the Site Utility. Study located under Tab 3 of the Supporting Documents. In addition, the following exhibits are included with the Major Use Special Permit Application; a. Sheet LP-1: Map of the surrounding street system indicating the project location. b. Sheet LP-2: Aerial photograph of the surrounding area indicating the project site. (5) Materials to demonstrate the relationship of the elements listed in (4) preceding to surrounding area characteristics. The Drawings Submitted with this Application are located under Tab 6 of the Supporting Documents. (6) Existing zoning and adopted comprehensive plan designations for the area on and around the lands proposed for Major Use Special Permit. The existing zoning designation for the Property pursuant to City of Miami 95 596 7P �u Ordinance No. 11000, is SD5 (Special District 5). The Zoning Atlas Map on page 36 Indicates -the existing and surrounding zoning. The comprehensive plan future land use designation for the property is Office. The zoning and the comprehensive plan designation are consistent. 3.4 Section 1702.2.2 Major Use Special Permit Concept Plan. a.. Relationships of the concept plan to surrounding existing and proposed future uses. This Article contains a written narrative of the Project outlining proposed use, activities and architectural character. This narrative also contains descriptions of the Project's relationship to traffic, pedestrian movements, and transportation access. Maps located on Sheet LP-1 indicate the Project's relationship to surrounding streets, land uses and functions. Building elevations, sections and perspectives showing the proposed materials, vertical profile and height, and orientation to streets is included in the Drawings Submitted with this Application. The list of Drawings Submitted is found under Tab 6 of the Supporting Documents. b. Existing zoning and adopted comprehensive plan principles and designations. This Project conforms to the SD-5 zoning for the Property. The comprehensive plan future land use designation conforms with the land use designation currently in effect for this Property. No zoning variances, or special exceptions are contemplated for execution of this Project. Further, a concurrent MUSP application will be submitted for a PUD pursuant to Zoning Code 11000, Article 5, Sect. 502. 4. Section 1702.2.3 Developmental Impact Study. a. A traffic. analysis shall be submitted for an area within approximately 1 A mile of the site, or an area including the major intersections to be impacted by the site, whichever is larger. The.Traffic impact Analysis is included under Tab 2 of the Supporting Documents. b. Economic impact data shall be provided, including estimates for construction costs, construction employment, and permanent employment. The Economic Impact Study is included under Tab 4 of the Supporting Documents. C. A housing impact assessment. There are 92 existing low cost rental units on the Property, of which 73 units are rented. The monthly rental per unit ranges between $265 and $465, with an Ordinance No. 11000, is SD5 (Special District 5). The Zoning Atlas Map on page 36 Indicates -the existing and surrounding zoning. The comprehensive plan future land use designation for the property is Office. The zoning and the comprehensive plan designation are consistent. 3.4 Section 1702.2.2 Major Use Special Permit Concept Plan. a.. Relationships of the concept plan to surrounding existing and proposed future uses. This Article contains a written narrative of the Project outlining proposed use, activities and architectural character. This narrative also contains descriptions of the Project's relationship to traffic, pedestrian movements, and transportation access. Maps located on Sheet LP-1 indicate the Project's relationship to surrounding streets, land uses and functions. Building elevations, sections and perspectives showing the proposed materials, vertical profile and height, and orientation to streets is included in the Drawings Submitted with this Application. The list of Drawings Submitted is found under Tab 6 of the Supporting Documents. b. Existing zoning and adopted comprehensive plan principles and designations. This Project conforms to the SD-5 zoning for the Property. The comprehensive plan future land use designation conforms with the land use designation currently in effect for this Property. No zoning variances, or special exceptions are contemplated for execution of this Project. Further, a concurrent MUSP application will be submitted for a PUD pursuant to Zoning Code 11000, Article 5, Sect. 502. 4. Section 1702.2.3 Developmental Impact Study. a. A traffic. analysis shall be submitted for an area within approximately 1 A mile of the site, or an area including the major intersections to be impacted by the site, whichever is larger. The.Traffic impact Analysis is included under Tab 2 of the Supporting Documents. b. Economic impact data shall be provided, including estimates for construction costs, construction employment, and permanent employment. The Economic Impact Study is included under Tab 4 of the Supporting Documents. C. A housing impact assessment. There are 92 existing low cost rental units on the Property, of which 73 units are rented. The monthly rental per unit ranges between $265 and $465, with an r�r average of $330. Of those 92 units, 15 units are not rentable due to their dilapidated condition. The rented units are on a month -to -month tenancy. These .92 units will be replaced with 600 affordable- moderate income rental apartments. The average apartment will approximate 475 square feet for a studio, 775 square feet for a one bedroom, 1,150 square feet for a two -bedroom, and 1,600 square feet for a three -bedroom unit. Rents will range between $800 for a studio and $2,300 for a three -bedroom unit. The loss of 73 low-income housing units will be replaced with 600 affordable moderate income housing units in furtherance of the following sections of the Downtown Master Plan: Downtown's existing neighborhoods were built decades ago under very. different market conditions than exist today. To produce moderate cost units, higher densities allowing for more efficient land development will be required. Density increases however, should be moderate and timed to coincide with reasonable expectations of market demand and investment. As property owners present viable development applications, the City should accommodate private requests for zoning increases in the following areas: Policy 2-8: RIO Creating bookends north and south of the CBD, the Park West and Central Brickell areas can become a concentration of highrise residential towers forming new in -town neighborhoods with urban lifestyles that resemble the upper West side in New York or the Uptown area around North Michigan Avenue in Chicago. The immediate relationship of Central Brickell to the prestige Brickell Avenue office district makes Central Brickell one of the best area of downtown to accommodate the need for quality (not luxury) high-rise rental, condominium and cooperative housing. This residential use should be mixed with high intensity office use and service retail located on streets enhanced with pedestrian amenities. Brickell Promenade (SE/SW 10th Street is the proposed activity center for this neighborhood (see Enhancing Public Spaces, Policy 3-8)..... . Policy 3-8: The City of Miami's Affordable Housing Trust Fund was established in 1985.to receive contributions from new private sector commercial development projects in the SPI-5 zoning district along Brickell Avenue and in the SPI-7 zoning district in Central Brickell. In both of these 95- 596 - zoning districts, housing is encouraged to be provided onsite through Floor Area Ratio (FAR). incentives. As an alternative to on -site housing, the developer is given a FAR bonus in exchange for a voluntary i contribution to the Affordable Housing Trust Fund. The Trust Fund is required to be used to subsidize affordable housing within the zoning district from which the funds were collected. Funds collected within the SPI-5 District may alternatively be used within Southeast Overtown Park West or within a one mile radius of the SPI-5 district. d- A description of proposed energy conservation measures shall be provided, including only those measures that are proposed in addition to the minimum requirements in State Energy Code. Architecturally, the building envelope will be comprised of insulated walls and roof. Mechanically, the cooling system will consist of water cooled heat pumps which surpass the Minimum seer and cop required by the State Energy Code. Extensive use of wall shading by means of canopies and balconies will be implemented. Highly tinted glass will be used throughout the building. Electrically, all exterior and landscape lighting will be controlled by means of time clocks and photocell switches. Energy saving lamps, ballasts and fixtures are being considered at all common areas. All motors over one-half horsepower will be high efficiency motors. e. Historic buildings. There are no historic structures located on the Property. f. Environmental zone. The Property is not located within an environmental preservation district. - g. Dade County Shoreline Development Review. On October 9, 1991, Brickell Point was unanimously approved by the Dade County Shoreline Development Review Committee. Resolution 91-SDRC-9 recommends approval and is located under Article I(G). A determination of substantial compliance has been requested before the Dade County Shoreline Development Review Committee. 4AD 951 596 '*;V'V