HomeMy WebLinkAboutR-90-0848J-90-779
10/25/90
RESOLMION NO. 9 0- 8 4 8
A RESOLUTION, WITH ATTACHMENT, APPROVING A MAJOR USE
SPECIAL PERMIT WITH CONDITIONS, PURSUANT ZU ARTICLE 17,
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, FOR THE BRISTOL TOWER PROJECT
PROPOSED BY THE BRISTOL `LOWER LIMITED PARTNERSHIP TO BE
LOCATED AT APPROXIMATELY 2127 BRICKELL AVENUE (MORE
PARTICULARLY DESCRIBED HEREIN), AND TO BE COMPRISED OF
NOT MORE THAN 145 CONDOMINIUM UNITS AND 14 LODGIN UNITS
AND NOT MORE THAN 360,848 SQUARE FEET OF HABITABLE
RESIDENTIAL AREA IN A BUILDING OF 37 STORIES ABOVE GROUND
LEVEL SUBJECT TO THE DONATICN TO THE CITY OF MIAMI OF THE
SUM OF $200,000 AS SET FORTH HEREIN AND FURTHER SUBJECT
TO CONDITIONS INCLUDING THE CONDITICN THAT THE SERVANTS'
QUARTERS SHALL NOT CONTAIN LESS THAN 550 SQUARE FEET;
INCLUDING A PARKING GARAGE, WHICH PARKING GARAGE SHALL BE
C('YQRISED OF 298 PARKIN SPACES AND 4 LOADING BERrrHS ON
GROUND LEVEL AND TWO PARKING LEVELS UNDERGROUND;
INCORPORATING THE RECOMMENDATIONS OF OTHER BOARDS;
INCORPORATING HERITAGE CONSERVATION BOARD RESOLUTION NO.
90-23 PER CHAPTER 17 OF THE CITY CODE PEKPA_TNING TO
ENVIRONMENTAL PRESERVATION DISTRICT 37-7; FURTHER,
DESIGNATING THE PROJECT AS A PLANNED DEVELOPMENT OVERLAY
DISTRICT PER ARTICLE 5 OF THE ABOVE ZONING ORDINANCE AND
INCREASIN THE FLOOR AREA RATIO TO 2.06; ESTABLISHING AN
EXPIRATION DATE FOR SAID PERMIT; MAKING FINDINGS;
DIRECTING THE CITY CLERK TO SEND THE RESOLUTION TO THE
DEVELOPER AND PROVIDING THAT THE MAJOR USE SPECIAL PERMIT
SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN
INTEREST; PROVIDING FOR RELIANCE ON THE APPLICATION AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Bristol Tower Limited Partnership has filed a Major Use
Special Permit application for a project described as the Bristol Tower
Project to be designated as a Planned Development Overlay District pursuant to
Article 5 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, the parking for the Bristol Tager Project has been reviewed and
it is determined that it is efficient, convenient and accessible; and
WHEREAS, the Bristol Tower Limited Partnership has applied for the
Planned Development Overlay District designation in order to utilize the
increase in the floor area ratio by 20 percent over that allowed by the
underlying R-4 district; and
WHEREAS, development of the Bristol Tower 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
ATT ACH ME TS
CONTAINED
CPry COMMISSION
MEETING OF
OCT 25 IM
90- SP
11
1A
WHEREAS, the Bristol Tower Limited Partnership comprised of owners: CPS
Development Services, Inc., a general partner; Par One Inc., a limited
partner; Bristol Tower Investors Corp., a limited partner; and Samuel I.
Burstyn, a limited partner; also has submitted an application for a Major Use
Special Permit for the Bristol Tower Project; and
WHEREAS, the Miami Planning Advisory Board, at its meeting of
September 12, 1990, following an advertised public hearing, adopted Resolution
No. PAB 64-90 by a vote of 7 to 0, RECOMMENDING APPROVAL of the Major Use
Special Permit for the Bristol Tower Project; and
WHEREAS, the City Commission, during a public hearing, has considered the
Application for Major Use Special Permit and the requested designation as a
Planned Development Overlay District; and
WHEREAS, the City Commission deems it advisable and in the best interest
of
the general welfare of
the City of Miami
to designate
the subject property
as
a Planned Development
Overlay District
and to issue
a Major Use Special
Permit as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. A Major Use Special Permit, attached hereto as Exhibit "A"
and made a part hereof, is hereby approved with conditions pursuant to
Article 17 of Zoning Ordinance 11000, for the Bristol Tower Project
(hereinafter referred to as the "PROJECT") to be developed by Bristol Tower
Limited Partnership at approximately 2127 Brickell Avenue, Miami, Florida more
particularly described as Lots 67 and 68, Block B, FLAGLER SUBDIVISION, Plat
Book 5 at Page 44, of the Public Records of Dade County, Florida, together
with the submerged lands lying between the southerly line of lots 67 and 68
and the Dade County Bulkhead line, Plat Book 74 at Page 3, according to the
Clerk's file No. 65R-171625, of the Public Records of Dade County, Florida,
and further subject to the voluntary donation to the City of Miami by Bristol
Towers Limited Partnership of $200,000 to be paid as follows: $15,000, to be
paid thirty (30) days after the Permit's effective date; $10,000, prior to the
issuance of a foundation permit; $25,000, prior to the issuance of a building
permit; $50,000, prior to the issuance of a certificate of occupancy; and
$100,000 upon the closing of the sale of the 120th unit, it being the stated
intention of the donor/developer that the gift would be implemented by the
applicant or its successor(s) in interest and not by any mortgagee.
-2- 90- 848
5J
Section 2. The PROJECT is hereby designated as a Planned Development
Overlay District, pursuant to Article 5 of Zoning Ordinance 11000. The
construction of 360,848 square feet of habitable residential floor area is
hereby permitted for the PROJECT which is an increase in the floor area ratio
of 20 percent over that allowed by the underlying R-4 district.
Section 3. The findings of fact set forth below are hereby made with
respect to the subject PROJECT.
i
a. The PROJECT is in conformity with the adopted Miami
1
Comprehensive Neighborhood Plan 1989-2000, as amended; and
b. The PROJECT is in accord with the district zoning
classification of Ordinance No. 11000, the Zoning Ordinance of
the City of Miami, Florida, as amended.
c. Pursuant to Section 1305 of the Zoning Ordinance of the City of
Miami, Florida, the specific site plan aspects of the PROJECT,
i.e., ingress and egress, offstreet parking and loading, refuse
and service areas, signs and lighting, 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 Class II Special Permit, a building pen -nit and a
certificate of occupancy.
d. The PROTECT
is expected
to cost $55 million, to
employ
approximately
213 workers
during construction (FTE),
and to
result in the creation of 49 permanent new jobs. The PROJECT
will generate $1.53 million annually in ad valorem tax revenues
to local units of government (1990 dollars and 1989 millage
rate).
e. The PR0JECr fulfills the requirements of a Planned Development
Overlay District because it meets the following criteria:
(1) greater flexibility in the pattern of development;
(2) improved level of amenities;
(3) appropriate and harmonious variety in physical
development;
(4) creative design; and
(5) improved environment.
-3- 90-- 848
op,
f. The PROJECT meets the requirement of the City's Waterfront
Charter Amendment and has been reviewed by the Metro Dade
County Shoreline Development Review Committee, which has given
its approval upon certain concerns being addressed.
g. 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) the proposed parking for the PROJECT is efficient,
convenient and accessible;
(4) the PROJECT will favorably affect the need for people to
find adequate housing reasonably accessible to their
places of employment;
(5) the PROJECT will efficiently use necessary public
facilities;
(6) the PROJECT will not negatively impact the environment and
natural resources of the City;
(7) the PROTECT will not adversely affect living conditions in
the neighborhood;
(8) the PROJECT will not adversely affect public safety;
(9) the public welfare will be served by the PROJECT; and
(10) any potentially adverse effects of the PROJECT arising
from safety and security, fire protection and life safety,
solid waste, heritage conservation, trees, shoreline
development, condominium documents, minority participation
and employment, and minority contractor/subcontractor
participation will be mitigated through compliance with
the conditions of this Major Use Special Permit.
Section 4. The Major Use Special Permit, as approved, shall be
binding upon the applicants and any successors in interest.
Section 5. The application for Major Use Special Permit which was
submitted by the applicant on August 13, 1990, and which is on file with
the Planning, Building and Zoning Department of the City of Miami,
Florida, shall be relied upon for administrative interpretations and is
made a part hereof by reference.
-4- 90- 848
Section 6. This Major_ Use Special Permit will expire two (2) years
from its effective date which is 30 days after the adoption of the
herein Resolution.
Section 7. The City Clerk is directed to send a copy of this
Resolution and attachment to the developers: the Bristol Tower Limited
Partnership, 701 Brickell Avenue, Suite 2610, Miami, Florida 33131.
Section 8. This Resolution shall become effective thirty (30) days
after adoption. Further, in accordance with Subsection (5) of Section
166.041 F.S., the adoption date of this Resolution for the purpose of
establishing the commencement of the 30 day appeal period shall be the
date it is filed in the office of the City Clerk after being signed by
the Mayor and the City Clerk.
PASSED AND ADOPTED this 25th day of October , 1990.
I4
NHI, CITY CLERK
PREPARED AND APPROVED BY:
G. MIRIAM MAER !.
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
J
JOFFE L. FERVWD Z
CI ATTORNEY
XAVIER L. SU , MAYOR
-5- 90- 848
AWN
EXHIBIT "A"
ATTACHMENT TO
RESOLUTION NO. 90-
BRISTOL TOWER MAJOR USE SPECIAL PERMIT
Let it be known that pursuant to Articles 5 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 Bristol Tower development project
(PROJECT) and the designation of the PROJECT as a Planned Development Overlay
District pursuant to said Zoning Ordinance No. 11000. The PROTECT will be
located at approximately 2127 Brickell Avenue, Miami, Florida; more
particularly described as: Lots 67 and 68, Block "B", FLAGLER SUBDIVISION,
Plat Book 5 at Page 44 of the Public Records of Dade County, Florida, together
with the submerged lands lying between the southerly line of said Lots 67 and
68 and the Dade County Bulkhead line, Plat Book 74 at Page 3 according to the
Clerk's File No. 65R-171625 of the Public Records of Dade County, Florida and
with all of the foregoing being subject to any dedications, limitations,
restrictions, reservations or easements of record.
After due consideration of the recommendations of the Planning Advisory Board
and after due consideration of the consistency of this proposed development
with the Miami Comprehensive Neighborhood Plan, the Commission has approved
the designation of the PROTECT as a Planned Development Overlay District and
subject to the following conditions approves the Application for a Major Use
Special Permit and hereby issues this Permit:
-1-
90- 848
FINDINGS OF FACT
Development
The proposed Bristol Tower Project is a residential use condominium
I
development located at approximately 2127 Brickell Avenue, Miami, Florida.
The PROJECT is located on two lots totaling 4.01 gross acres and 3.46 net
acres. The PROJECT consists of the following elements:
Element Area (Square Feet) Units
i Residential Tower* 360,848 SF Residential **159
Floor Area (499,187 SF
Gross Floor Area)
Parking 130,812 SF Gross Floor 298 spaces
Area 4 berths
*Lobby level (1st floor) plus 36 floors (364.66' elevation, Miami
datum); plus residential penthouse of a total of 37 stories; 2
parking levels underground.
**159 units = 145 dwelling units plus 14 lodging units. (See condition
10 for exception)
■ The PROJECT conforms to the requirements of the R-4 zoning district, as
contained in Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended. No zoning variances or special exceptions are
contemplated for execution of the PROJECT. The comprehensive plan future land
use designation allows the proposed residential use. The PROJECT also
contains suggestions received from the Miami Large Scale Development Committee
Meeting. The PROJECT will be constructed substantially in accordance with
plans and design schematics on file and prepared by Fullerton Diaz & Partners
dated July 27, 1990, printed August 16, 1990.
360,848 square feet of habitable residential area may be constructed within
the PROJECT. 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.
The PROJECT, as defined above, meets the requirements for the designation as a
Planned Development Overlay District and for the issuance of a Major Use
Special Permit.
-2-
90- 848
CCNDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY,
SHALL:
1. meet all requirements pursuant to 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 the Planning Director why such recommendations are
impractical;
4. within six (6) months from the issuance of the Major Use Special 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. within six (6) months from the issuance of the Major Use Special Permit,
provide a letter of assurance from the Solid Waste Department that all
concerns of the said Department have been addressed;
6. meet all requirements pursuant to Heritage Conservation Board Resolution
No. 90-23 which contains the following conditions, restrictions and
limitations:
a. no water feature shall be located on or eastward of the bluff;
!J The applicant is the Bristol Tower Limited Partnership.
-3- 90- 848
b. the use of plant materials more appropriate than ficu s shall be
considered;
c. 20 new hammock trees at least 4 inches in diameter and 12 feet in
height shall be planted within the nearby right-of-way (location to be
determined by Public Works and Planning);
d. the Dade County Archeologist shall be notified prior to any ground
disturbing activity so that archeological monitoring can take place;
and
e. a bond or letter of credit shall be posted or secured equal to the
replacement value of trees to be relocated and those endangered by
construction; further there shall be a finding that any proposed tree
removal meets Criteria 1 and 2 of Section 17-9(A) of the Miami City
Code;
7. all trees to be planted in and/or relocated to the right-of-way shall be
planted and/or relocated at the APPLICANT'S expense and shall be
maintained alive and healthy for one year;
8. address the concerns of the Metro Dade County Shoreline Development Review
Committee pertaining to a) the use of appropriate native plant material
i.e. cocoplum for hedge material; lantana, keys spider lily and daylilies
for low shrubs and groundcover; b) preservation of the bluff and lower
bluff area in natural state; c) provision of finer details concerning
benches, rails, lighting and signage; and d) an elevation focusing on the
bluff;
9. execute a stipulation or covenant that the PROJECT will never be converted
into a hotel, as reflected in the September 5, 1990 letter from the
APPLICANT'S attorney;
10. provide in the recorded condominium documents that a maid's quarters shall
only be conveyed with the sale of one of the 145 dwelling units; and shall
include the City's parking requirements and require compliance therewith
in the condominium documents; provided, further, that following an interim
marketing period of two years after the issuance of certificates of
occupancy for all the habitable residential floor area, the APPLICANT,
after notifying the Planning, Building and Zoning Department Director, may
combine the 14 lodging units into no more than 7 additional condominium
-4--
90- 848
01
units meeting the City's floor area requirements for one, two or three
bedroom units, as the case may be;
11. make an appropriate contribution to the City's Affordable Housing Trust
Fund, recognizing the PROJECT'S obligation to seek to broaden the housing
supply for low and moderate income groups;
12. 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;
13. 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.
THE CITY SHALL:
14. subject to payment of all applicable fees due, establish the effective
date of this Permit as being 30 days from the date of its issuance with
the issuance date constituting the commencement of the 30 day period to
appeal from the provisions of the Permit; further, the issuance date
shall be the date on which the Resolution approving this Permit is filed
in the office of the City Clerk after said Resolution is signed by the
Mayor and the City Clerk.
15. subsequently render a final decision on a Class II Special Permit, as
requested by the APPLICANT and as required by Ordinance No. 11000, prior
to issuance of the PROJECT building permit, in order to not only assure
general compliance herewith, but also to insure that the construction
documents presented with the application for the building permit conform
to this Permit.
-5-
J0- 848
of �t�tl2tt
MATTY HIRAI
City Clerk
�ECO,FlO�
December 12, 1990
To Whom It May Concern:
CESAR H. ODIO
City Mandger
This is to certify that Resolution 90-848, passed and adopted by
the City of Miami Commission on October 25, 1990, was sent back
to the Law Department for modification in order to reflect
changes made by the City Commission during its consideration of
said item. Said resolution, with modifications, was received in
the Office of the City Clerk on December 6, 1990.
The present clarification is being extended pursuant to a request
made by a member of John Fletcher's office, who made the request
on his behalf.
Maay Hirai
City Clerk
a f `+
�SY OF
MATTY HIRAI CESAR H. ODIO
City Clerk 3 City Mandger
December 6, 1990
Bristol Tower Limited Partnership
701 Brickell Avenue, Suite 2610
Miami, FL 33131
RE: BRISTOL TOWERS: MAJOR USE SPECIAL PERMIT
Dear Sirs:
Enclosed herein please find a copy of Resolution No. 90-848,
which was passed and adopted by the City of Miami Commission at
its meeting held on October 25, 1990, and which is self-
explanatory.
On behalf of the City of Miami, thank you for your attention.
e truly yours,
TTY HIRAI
City Clerk
MH:vg
Enc . a f s
cf0 -q L.�S'
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065
A -Ilk,
V,
11 Y C)F i,,! I A r-1 1. f - I R I D A
INTER -OFFICE MWORANDUM
Matty Hirai November 13, 1990
City Clerk
Resolution for PZ-15
City Commission 10/25/90
Bristol Tower
FROM Ci C)
Gui 1�rm Imedillo
1 1�
D uty Director FNC10SURL',,,
P /anning, Building and Zoning Department
Presently this Department is processing Class II Special Permit application
90-1584 for Bristol Tower.
In order to finish the process in a timely manner, we need your assistance in
sending, via FAX, a copy of the subject resolution, as soon as possible.
GEO/tlf
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VHIGH QUALITY/LUXURY DEVELOPMENT TO GENERATE
SIGNIFICANT COMMUNITY BENEFITS
JOBS
WAGES
TAXES
ECONOMIC OUTPUT
VHIGH PROPORTION OF SPENDING TO BE GENERATED
OFF- SITE, GOING TO LOCAL BUSINESSES
RESTAURANTS
RECREATION/ENTERTAINMENT
TRANSPORTATION
PERISHABLE/DURABLE GOODS
✓HIGH CAPTURE RATE OF SPENDING DUE TO DIVERSE MIAMI
ECONOMY. THE COMMUNITY HAS ALL AMENITIES TO SATISFY
RESIDENTS' NEEDS.
✓GENERAL PROPERTY VALUES SHOULD INCREASE DUE TO HIGHER
ASSESMENTS ASSOCIATED WITH LUXURY DEVELOPMENT.
SHARPTON,SRUNSON E CO_,CPA'S
Subrtaited into the public
record in connection with
item PZ -1 S or_ /0 -
Nutty Hirai
9
BRISTOL TOWER
TOTAL BENEFITS FROM DEVELOPMENT
REAL ESTATE TAXES:
CITY OF MIAMI
DADE COUNTY
OTHER
IMPACT AND OTHER FEES:
CITY OF MIAMI
DADE COUNTY
WAGES
ECONOMIC OUTPUT
DEVELOPMENT
PHASE
---------------
$ 918,039
645,140
781,291
371,589
122,978
72,261,222
------------
TOTAL $ 83,917,059
............
JOBS CREATED
213
ANNUAL
REOCCURRING
------------
$ 697,954
490,479
593,989
-0-
-0-
1,651,166
113209705
$ 4,754,293
............
Submitted into the pudic
record in connection with
item i°2�5 on r d
Matty Hirai
City Clerk.
00
d'v
BRISTOL TOWER
SUMMARY OF IMPACT AND OTHER FEES
PAYABLE TO THE CITY OF MIAMI:
'~
1. MUSP APPLICATION FEE
$
18,042
2. ADVERTISING SURCHARGE
1,000
3. MAILING FEES
6,120
.o
o
04 V
4. DEVELOPMENT IMPACT FEE
243,933
5. IMPACT ADMINISTRATION FEE
7,318
6. BUILDING PERMIT FEE
54,127
-a
C)
7. ZONING REVIEW
1,356
8. RADON GAS FEE
3,608
0-0
;'d
9. INSTALLATION ENERGY FEE
36,085
,A
o
SUB -TOTAL
$
371,589
PAYABLE TO DADE COUNTY:
10. DADE COUNTY ROADWAY IMPACT FEE
$
117,978
11. CONTRIBUTION TO THE BISCAYNE BAY
ENVIRONMENTAL ENHANCEMENT TRUST
FUND
5,000
SUB -TOTAL
$
122,978
TOTAL IMPACT AND OTHER FEES
$
494,567
PzW1�
PLANNING FACT SHEET
APPLICANT Lucia A. Dougherty, Esquire, attorney for
Bristol Tower Limited Partnership: August 3,
1990
9WHarom ►
Lots 67 and 68
Block B
Flagler Subdivision (5-44) PRDC
plus submerged lands extending
Southeasterly to the Dade County Bulkhead
Line
(PB 74-3) (Clerks file 65R-171625) PRDC.
Consideration of recommending a Major Use
Special Permit, per Article 17 of Ordinance
11000, as amended, the Zoning- Ordinance -of the
City of Miami Florida for the Bristol Tower
Project, located at 2127 Brickell Avenue and
composed of 159 residential units or 360,848
square feet of residential area in a building of
37 stories above grade, 298 parking spaces and 4
loading berths on 2 underground levels and the
surface, designating the site as a Planned
Development Overlay District per Article 5 of
the above Zoning Ordinance and increasing the
Floor Area Ratio accordingly, making findings
and incorporating Heritage Conservation Board
Resolution 90-23, per Chapter 17 of the City
Code pertaining to Environmental Preservation
District #37-7.
REQUEST To approve a Major Use Special Permit for the
Bristol Tower Project at 2127 Brickell Avenue.
RECOMMENDATION
PLANNING DEPARTMENT Approval, subject to conditions.
OACKGROUND This project is proposed to be located at 2127
Brickell Avenue; a prior proposal was the
abandoned Oasis project.
.'.
ANALYSIS The Bristol Tower Project is comprised of the
following elements.
Element Area (Square Feet) Units
Residential Tower* 360,848 SF Residential
Floor Area **159
(499,187 SF Gross
Floor Area)
Parking 130,812 SF Gross 298 spaces
Floor Area 4 berths
* lobby level (1st floor)
plus 36 floors (364.66' elevation, Miami datum)
plus residential penthouse or 37 stories above
grade; 2 parking levels underground plus surface.
** 159 units = 140 dwelling units plus 14 lodging
units.
This S55 million (construction cost) project on
3.46 acres (4.01 gross acres) will provide a new
upscale residential facility to add to the Brickell
Avenue residential environment and promote downtown
as a 24-hour center. This project will provide
159 units; 41-one bedroom; 51-two bedroom; 48
three bedroom and 5-four bedroom units plus 14
maid's quarter, at a selling price of approximately
S180/square foot.
This project will generate $1.5 million annually in
ad valorem taxes to level units of government.
Designation of a Planned Development Overlay
District will allow a 20 percent increase over the" "
allowable Floor Ara Ratio (FAR) of the underlying
R-4 district.
This increase is justified by:
1. Review The extensive documentation by the
applicant and review and consideration
by the public in obtaining a Major Use Special
Permit is commendable. (This project only
requires a Major Use Special Permit, because
of the application for Planned Development,
otherwise it does not exceed application
requirement criteria.)
L'i
2.
Development The three dimensional open space
provided at upper levels by the round tower
design as compared with the rectangular
box previously proposed by the Oasis;
ground coverage of the underground parking
structure is 39% of gross lot area; ground
coverage of the structure above, at a plane
10' above grade, is only.10% of gross lot area.
The required parking is being provided under-
ground which provides a visual amenity to the
community by reason of hiding otherwise
obtrusive multi -level parking.
However, it is recommended that this upscale
residential project, like -similarly located and:
priced office projects, should seek to broaden
the local housing supply for low and moderate
income groups, by making an appropriate
contribution to the City's Affordable Housing
Trust Fund. For example, the developer could
have sought an FAR bonus through Section 914 of
the Zoning Ordinance, without the necessity
meeting the criteria of Planned Development
3. Imoroved Level of Amenities
Individual units are provided exterior
unenclosed balconies; common areas include
generously sized lobbies, rooms, and
children's playroom. Outdoor areas include a
pool, tennis court; deck area and generous
landscaping.
4. Creative Desian The balcony system not only
provides an individual owner amenity, but
together with tinted glass, is energy -
efficient.
5. I=rovgd-Environment The generous setback from
Biscayne Bay includes 75'-from average mean,
high water line required by Metro -Dade County
Shoreline Ordinance - no variance requested -
plus an additional 55' to the edge of deck
in order to preserve the rock bluff and
preserve the existing masonry wall.
The additional 70' setback
from Brickell Avenue for frontage road
right-of-way dedication, while a requirement of
the City Code, also represents a benefit not
1_____ _ ------ ---------- 90- 848 3
only to the project but also the community
by lessening the traffic operations impact
on Brickell Avenue.
Project traffic will enter and exit Brickell Avenue
through the 70' dedicated area; the peak hour
directional flow of traffic is 5:30-6:30 p.m.
southbound in 1991 when 63 vehicles enter the
project and 32 depart; this marginal addition to the
2400 vehicles southbound during the peak hour will
not significantly impact traffic level of service;
analysis of person -trips shows that the impact of
the project is minimal. No deterioration in City-
wide level of service for traffic is estimated.
Because this is a built-up urban area with all
infrastructure in place the project meets all
concurrency requirements (traffic, water and sewer,
solid waste and parks).
The 145 dwelling units are supplemented by 14
lodging units for maid's quarters. It is
recommended that condominium documents require that
the lodging units be only sold together with a
dwell.ing unit to preclude separate sale. However,
if market conditions dictate, these condominium
documents should also provide that if these maids
units cannot be sold then the 14 units can be
— combined to create as many as 7 additional
condominium units.
Based on the developer's request of September 5, a
condition has been added precluding conversion to a
hotel.
The difference between the gross floor area of
499,187 s.f. and the 360,848 s.f. of residential
floor area appears to be excessive. It is
recommended that this difference be verified by the
Zoning Administrator.
The total number of loading berths required is 4
which are being provided at less then required
dimensions, which will require a Class II permit.
The Planning, Building and Zoning Department sees no
problem in issuing this permit at this time.
The project meets side yard requirements per Zoning
Ordinance 11000; inward sloping side light planes
are not a requirement. The project meets setback
requirements from Brickell Avenue.
The project has been reviewed by the Metro -Dade
County Shoreline Development Review Committee (see
50— 848 /j
attached). A 75' setback, as a minimum, is provided
from average mean high water .line; only a 40' view
Corridor is required which is met by 2-26'
corridors. The City's Waterfront Charter Amendment
is met through the 75' setback from the Bay (50'
required) and the 2-26' view corridors (aggregate of
50' required).
The project has been reviewed by the Heritage
Conservation Board (Resolution 90-23 attached) which
established certain conditions, principally the
preservation of the Coral Rock bluff (additional
55' setback). It is recommended that these
conditions be included.
Although the applicant has presented minority
employment documentation, it is recommended that
conditions be imposed which would require the
developer to meet the intent -of -the City's Minority
and Women Procurement Ordinance on a best efforts
basis.
RECOMMENDATION
PLANNING ADVISORY BOARD At its meeting of September 12, 1990, the Planning
Advisory Board adopted Resolution Number PAB 64-90
by a 7 to 0 vote, recommending approval of the
above., defeating hotel use.
Three OPPONENTS and fourteen PROPONENTS
were present at the meeting.
Seventy-four replies AGAINST were received
by mail.
CITY COMMISSION At its meeting of September 27, 1990,
the City Commission continued consideration
of the above.
90- 848
0 0
2\�
2
r
Ordinance 11000
Zoning Ordinance
✓�"\ Approx: 2127 Brickell
V
To approve a M.U.S.P
"
Q4
Y 9 0 — 848 for ctm Brutal Tower
Project.
N
4N
11000
ordinance
Zoning Ordinance
kpprox: 2127 Brickell
To approve a M-U-S-P
1P for the Bristol Tower
90- 848 7
4
T.
4C.
V -A�-
®R
-1 9L
A -OWL
7.
Ordinance 11000
Zoning ordinance
Approx: 2127 Bri
To approve a 14. U
for the Bristol.
Project.
M
9/12190
AWL
APPLICATION FOR A MAJOR USE SPECIAL PERMIT
File Number MU- -
It is intended that major use special permits be required where specifies
uses and occupancies involve matters deemed to be of citywide or area -wide
importance.
The City Commission shall be solely responsible for determinations on applica-
tions for major use special permits. (See Article 17)
The City Commission shall refer all applications for major use special permits
to the Planning Advisory Board and to the Director of the Department of
Planning, Building and Zoning for recommendations, and may make referrals
to agencies, bodies, or officers, either through the Department of Planning,
Building and Zoning or directly for review, analysis, and/or technical
findings and determinations and reports thereon. (Section 1301.5.)
I, Lucia A. Douai7ert,,r , hereby apply to the Director of Planning, Building
and Zoning of the City of Miami for approval of a Major Use Saeciai Permit
under the provisions of Article 17 of the City of Miami Zoning Ordinance.
Address of Property: 2127 arir-kell Aveme, miami, Florida
Nature of Proposed Use (Be specific): T+o =nstru= a residential condo-
. n .1,�„ building with 14S cmi ni = its and 14 Icdaing units.
Preliminary Application
I attach the following in support or explanation of the Preliminary Applica-
tion:
1. Two copies of a survey of the property prepared by a State of Fioriaa
Registered Land Surveyor.
2. Affidavit disclosing ownership of property covered by aapiication ano
disclosure of interest form (attach Forms 4-83 and 4a-83 to application.
3. Certified list of owners of real estate within a 375-foot radius from
the outside boundaries of'property covered by this application (attach
Farm 6-83 to application).
4. ,Maas of: (a) existing zoning and (b) adopted comprehensive plan designa-
tions for areas an and around the property covered by this application.
5. General location map, showing relation to 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
(a) Site plan and relevant information. Section 1304.2.1 (d through h).
W Rzlatiorshi*- to surmunding ex:stinq and proposed future uses, and
activities, systems and facilities (Section 1702.3.2a).
(c) Now conceot affects existing zoning and adopted comprehensive plan
principles and designations; tabulation of any required variances,
special permits, change of zoning or exemptions (Section 1702.3.Zb).
7. Developmental Impact Study (an application for development approval for
a Oeveiopaient of Regional Impact may substitute).
90- 848
Page Iof2
APPLICATION FOR A MAJOR USE SPECIAL PERMIT (Continued)
8. Other (Be specific) : See Table of contents.
9. Fee of $18 , 0 4 2.0 0 based on Ordinance 10396.
plus S1,000.00 advert is-ia�k—eurchar ge.
Additional fees for any required special permits, changes of zoning, or
variances shall be in accord with zoning fees as listed in Section 62-61 of
the City Code and Ordinance 10396.
Fee tabulation:
Buildin W :
Other Specify):
Total: _
Final Application
I attach the following additional information in support or explanation of
the final application:
SEE TABLE OF CONTENTS
Signature
Owner/or Autnorizeo Agent
Name: Address:
City, State, Zip: Phone:
This app i i cati on is [ ] approved [ ] denied
in accora with City Commission Resolution Number:
Other:
Sergio Rodriguez, .rECLC
Planning, Building and Zoning Oecartment
Oate:
Page 2 of 2
r�
r •w
appeare:i -ucla A. Jou¢ner= who o cei= _.r Te r'_. _ - .u" s'Nor'.:.
_ rr
'.;Don cath. deposes and says:
1. That he is the rwner, or the legal. representative of the
cwner, s1 tti.^.g the acc=pany=.g appliQ=:Lon for a public :.ear^-:•g as
resui.red by Qrdi.nance No. 9500 of the Code of the City of Miami, nor�a.
e£fecrir.g the real prcpe=7 located in the City of 'Uzurni as desc: -led and
'sted on the pages att.-ached to this aff; d vit and „ade a nary !7:erec, .
2. That all a hers which he represents. if any, wve 5-pen their
°;iL and c=lete permission for him to act in their e-half .or zhe ^.arge
cr and �ri,:at+en of a c? zssificaticn or regulation of :==; .g as set m.:t _-1
.he ac. ccu �a. zi7 1g petition..
3. That the rages attar:^ed hereto and made a cas- c: `:-.is
affl•:aviL cm=zin the c.:.-re.*:t names, mailing addresses, phone mxrhers and
legal cescr icas for ::.e real prow t7 which he is thLw awner -or '_ell
:i. 2'he fac'..s as : epreserted != the aLYJL :aL�C^. a.*'.C. r..=Z
t.L'.i afff.^.ain.L are t. — and ccr:'e��.
zavetn not.
-e
:a-y of ' 9 1`-D .
'1mc-- �.bLc. Mate of .171r0 ida at Large
90- 848
OWNER'S L:-T
Owner',.! game Bristol Tower Limited Partnership
.1ai 1 i na Actress 701 Brickall avenue, suite 26 10. ::i ams • 'Florida :3131
' 305) ! 30-0088
-anal :escriction:
See attached Exhibit "a"
Owner's Nane
Mailina Address
Telephone Numoer
Legal Description:
Owner's game
Mailing Address
Telepnone Numcer
Legal 7escription:
Any other real estate property owned individually, 4aintly, or severally
(by cznoration, partnership or privately) within 375' or the suoject
site is listea as follows:
.tree* Address Legal=escr`ot,4on
;
dcr-eor oe5 Local _3ezr` .ti
Street Address
Legal Description
• r-
r
M: O,
DISCLt'SURE OF UR4ERSHIP
i. -ecal description and street address of suc3ect real crcnertr;
r rIr a. Ai 1.1CHED EM711BI 1 I1 1 11
2. -Owner(s) of subject real property and percentace of ownership.
NOtzi City of Miami Ordinance No. 9419 requires disclosure of all parties
having a financial interest, either direct or indirect, in the suoject
matter of a presentation, request or petition to the City Commission.
Accordingly, question 42 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
SEE ATTIAM D E.`UiIBIT "B"
3. Legal description and street address of any real property (a)
owned by any party listed in answer to question $2, and (b) located within
375 feet of the subject real property.
140.
_ UMERK6& i,TI RgEY ='CR C7G+ &R
Lucia A. Ooucrerty
STATE CF c7.LR=A ) SS:
CCUNTY, OF CME )
:.sc=_ ... :cuc::ert
, being duly sworn, deposes and
says t<larane is cne t9=nzj tAttoraev_icr Owner) of the real property
described in answer to question #10 above; that he has read the foregoing
answers ana that t-te same are true and =Mniete; and (if acting as attorney
for owner) that he has authority to execute this Disclosure of Ownershin
form an behalf of the owner.
SMM TD AMID SUBSCRMID
before me this 2 0 th
day of _,Istly 4&x_.19 9 0
4 • (SEAL)
rhee t —"—
Lucia A. Dougherty
W COLM= EXPUMSs
Notary' ic, state or
Florida at Large
LEGAL OESCRIPT=ON
:.ots 67 and 6a, Block "8". P2agler Subdivision. according to the Plat
:1ereof :eccraed to Plat Book 5 at Page 44 of the Public Records of Dade
.ounty, ?!arid&. tcgecher with the submerged lands lying 5etween the
:outn.er'_y =Sae of said lots 67 and 6a and the Dade County Bulkhead line
2.3. 74, ?.G. 3) according to the c+erica file No. 65R-171625. ?ublic
%ecords of Dade County. Flor+da.
90- 848
EZT
0
DIRECTORY OF PROJECT PRINCIPALS
Owner/Developer Bristol Tower Limited Partnership
701 Brickell Avenue
Suite 2610
Miami, Florida 33130
Mr. Darryl Parmenter
Mr. G. Tom Gurr
Telephone: (305) 530-0088
Fax: (305) 539-1855
Mr. Sam Burstyn
3050 Biscayne Blvd.
Miami, Florida 33137
Telephone: (305) 573-8325
Fax: (305) 573-3349
Mr. Ugo Colombo
Mr. George Maraka
800 Brickell Avenue
Penthouse II
:Miami, Florida 33131
':elepnone: (305) 372-0550
Fax: (305) 272-8213
Fullertcn Diaz Partners
366 Altara Avenue
Coral Tables, Florida 23146
Telephone: (305) 442-4200
=ax: (305) 444-6962
Mr. :.uis O. Revuelta
la^,scacer Bradshaw, 3uill & Fuster
4337 Seaaraee Orive
Lauderdaie 3y The Sea, Florida 33308
Telepn--ne: 305) 944-7245
Fax: (305) 772-8417
Mr. 'Halter Taft Bradshaw
Mr. Michael Schale
Post, Buckley, Schuh & Jernigan, Inc.
8600 N.W. 36th Street
Miami, Florida 33166
Telephone: (305) 592-7275 (ext. 424)
Fax: (305) 599-3809
Mr. Carlos E. Martinez
Traf::*c Post, Buckley, Schuh & Jernigan, Inc.
8600 N.W. 36th Street 9 0 -- 848
Miami, Florida 33166
Telephone: (305) 592-7275
Fax: (305) 599-3809
Mr. Carlos E. Martinez _ _
AID
a
Economist Sharpton, Brunson & Company, P.A.
600 Brickell avenue
Suite 703
Miami, Florida 33121
Telephone: (305) 374-1374
Fax: (305) 372-8161
Mr. Darryl Sharpton
Legal Greenberg, Traurig, Hoffman,
Lipoff, Rosen & Quentel, P.A.
1221 Brickell Avenue
Miami, Florida 33131
Fax: (305) 579-0717
Robert H. Traurig, Esq.
Telephone: (305) 579-0700
Lucia Dougherty, Esq.
Telephone: (305) 579-0603
Adrienne L. Friesner, Esq.
Telephone: (305) 579-0683
Str.:ci--ral Cantor/Seinuk/Puiq Associates,
Zalneer 10700 :forth Kendall Drive
Suite 407
Miami, Florida 33176
Telephone: (305) 596-3594
Fax: (305) 274-9810
Mr. Raul Puiq
Mecranlcal/ Truglic & Smith
Electr-Cai/ 4557 Ponce de Leon Boulevard
Pluming Coral Gables, Florida 33146
Z".gineer Telephone: (305) 667-1739
Fax: (305) 567-9689
Mr. .:csecn Aruglio
law Law Engineering
Engineering 585 N.W. 161st Street
Miami,- Florida 33169
Telephone: (305) 944-9266
Fax: (305) 944-5562
Mr. Juan De Soto
General Stolte, Inc.
contractor 5775 Blue Lagoon Drive
Suite 420
.Miami, Florida 33126
Telephone: (305) 266-4200
Fax: (305) 256-9676
Mr. Willie 0. Mizell
Operations Manager
Mr. icon Charon
Senior Project Manaqer
P.A.
go- 848
BRISTOL TOWER
PROJECT OATA
,.OGRESS:
2127 Brickeil avenue.
!EGAL:
See survey.
ZONING CLASS:
under Ordinance 11000
EPD - R-4 with 70' deaication.
SITE AREA:
Net:
3.46 Acres
Net
_ 150,560 SF
Net
Gross:
150,E50 SF
204.12 x 70 = 14,288
SF
7o Biscayne ?ay
200 < EJ = 10.000
SF
7o ci of 3ricxeil
24,288
SF
:74, 348
SF
Gross
1.01 Acres
Gross
PERMITTSO
PROVIOEJ
OENSITT:
':nits/Acre
145
:4
:JO ''ni tsi,;cr=_ 4.01
401
_1'm
FAR:
1.72 x 174.,848
300,739 SF
Planned Oeveiopment =
360,887.31
360,248 SF
Bonus 20% / 50,148
of habitable
condominium
area.
4EIGHT: ';nlimitad
BUILDING
FOOTPRINT: .40 x 174,848 a 69, 939.6 SF 149572 SF
Y GREEN SPACE: .15 x 174,848 = 269227.6 SF 889000 SF y Q -- 848
1
0
0
PARKING
REQUIREMENT: 1 Space for each efficiency
14 � odai na units
41 OnerBearoom Units
2 Spaces for each two bed-
rooms ano three becrooms
51 Two Bedrooms
48 Three Bearooms
3 Spaces for each more than
three bearoom
3earooms
1ISITORS: 2 Spaces `ar every tan
units. Ja :a 5O units
-- 2x.0/10=5x2=10
1 Space for every 10 units
over 50 units
'45-14=::9-:0 = 109
_OARING BERTHS: 1 - 12 x 30
1- 12x 45
4 2- "id x 30 at level 2
7- total Berths
HANDICAPPED: from 201 spaces to 301 spaces
1 Require*
1 Provided as part of the
295 total spaces provided
RE0 UIREO PROVIDED
55
102
96
10
11
2899 29T
90- 848
0
N
UNITS:
BRISTOL TOWER BUILOING OATA
145 Conaominium Units
14 Maid Rooms
Grouna Floor: None.
5th Level: 1 Manager
1 Townnouse Ground Floor
I Bedroom Unit
14 maids
-T7- 17 Units Total
-2.0ne Bedroom Convertible
I One Bedroom Uni t .
1 Three Bedroom Uni t
1 Two Bedroom Uni t
1 Townnouse ',nit T 1.6 Units Total
2 One ?edroom Convertible
1 One ?edroom unit
:nree Bedroom ,nit
' Two Bedroom 11n= t
T 15 Units - otal
1 Two Bedroom _
1 Two Bedroom Convertible
_ ree Bedroom
1 Three ?earoom Cznver�4b1e
�'. 1 Three Bedroom
1-Two Bedroom
10 Units Total
4Oth -eve1
?entnouse: 1 Three Bedroom
T 1 Unit "otal
TOTAL NLPBER OF UNITS 159
Maid Rooms 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 90 - 848
----- �.
14 41 51 48 5
4
s
__
a
SET BACKS:
REQUIRED
PROVIDED
Front:
90'
260'
_
70' :edication
•
20' Zoning Setback
protions of buildings above
120' or vertical dimension eaual
to the sum of adjacent R.O.W.
plus adjoining setbacks which
ever is greased shall set back
from street frontage. On foot
for every foot measured from
the base building line.
Brickell =100'
-
Oedication = 70'
Setback = 20'
Adjoining
Setback = 20'
'—
Duila'na roof !�eicnt at Nest =-,caae
ioove average si cewa i k el evat, on at
Sri cxe i 1 Avenue.
Jeiant: -146'-3"
.Dove n.s. , .
:ac.<
-
_O'
10'
Rev, =w Comi tree
.'
:bar:_- -,nenament
.0' Nnen lots less t:ian 200'
:0'
-.-.-
`Sides:
10 Feet Zoninq
10'
261- -
CITY CHARTER
AMENDMENT:
25% of water frontage of each lot:
Lot 67 25% of 100' = 25'
25'
26'
Lot 68 25X of 100' - 25'
25'
26'
90-- 848
SHORELINE
REVIEW
_
C"ITTEE:
Lot 67 20% of 100' = 20'
20'
26'
Lot 613 20% of 100' = 20'
20'
26' —.--
■ St
BRISTOL TOWER CONDOMINIUMS
GROSS SQUARE FOOTAGE
,,u l y 23, 1090
_eve1 1 / 8-1 ...................... 64,157 s.f.
:evei 2 / 3-2 ...................... 66.656 s.f.
TOTAL BASEMENT 1 & 2 ........ 130,812 S.F. _
-evei :-1 / Grouna Floor/Lobby 14,572 s.f.
"aias & 7ownnouse .......................
:nru :9.................................. :07,2,47 �.'.
eis_^ .tiru 34................................. 212.7M s .
es -_ :nru 33 ........................ H,900 5." .
_evei =O / Dentnouse & Roof ....................... d,980 s.r.
TOTAL VOSS SQUARE FOOTAGE ................. 499,187 S.F.
l
90- 848
4► 0
BRISTOL TOWER CONDOMINIUMS
F.A.R SQUARE FOOTAGE
�u l y 23 , 1990
Level I .................
................. Not Required
'eve] 2.................................. Not Required
Level 3 / a Ground Floor / Lobby ........ 6,056 s.f.
_evel G.................................. 9,237 s.f.,-
:evels 6 thru 19 146,774 s.f.
..11,255 x :311
-ave]s %Oth - 34th ....................... :52,C20 s.f.
-avels _5th - 39th ....................... 43,610 s.f.
3,722 x :i
'Ot!=ertncuse ........ .............. 3.603 s-f.
TOTAL F.A.R. SQUARE FOOTAGE .........(provided) 360,848 S.F.
- ' :WEC
31annea Unit Oevelooment Bonus
:0% = 60,148 ........::..........(reauirea) 360,387 S.F.
90-r 848
SERGIO RODRIGUEZ
Director
September 6, 1990
(Ziff uF Hian-tt-
cat===`
L 3u -
rn_w�
Mr. Jeffrey Rubinstein, Esq.
Vice President
Atlantis on Brickell Condominium
Association, Inc.
2025 Brickell Avenue _
Miami, FL 33129 _
RE: 2127 Brickell
Dear Mr. Rubinstein:
CESAR H. ODIO
City Manager
Your letter dated August 28, 1990, lists five areas where the application for
a MUSP for the reference property has been found by your architect to be
deficient.
Area 1: This issue is identical to the one you presented in an appeal filed
by Mickey Siss representing Brickell area neighbors, to a former project to be
located at this address. The interpretation from the City is the same as
before; the Zoning Ordinance allows certain elements to encroach into yards,
the Zoning Administrator has issued a letter dated June 20, 1990 (copy
attached), informing the developer what could be located within the side yard
Nithout being considered an encroachment.
Area 2. It is our understanding that the proposed project was reviewed by the
Shoreline Review Committee of the County. (Copy of Shoreline Development
Review Committee letter attached.)
Area 3. The maids quarters are to be sold with the units, therefore, should
not be considered as separate units.
Area a. Section 913.2.1. of Zoning Ordinance 11000 provides for an
opportunity to seek a Class II Special Permit in order to reduce the
dimensional requirements of loading berths. This is a separate administrative
permit which is issued by the Planning, Building and Zoning Department and
that may be appealed to the Zoning Board by any aggrieved party within 15 days
of the date of issuance.
Page 1 of 2 90— 848
:3
Mr. Jeffrey Rubinstein, Esq.
September 6, 1990
Area 5. The Planned Development section of Ordinance 11000 was designed to
create an incentive to developers with parcels of land larger than 50,000 sq.
ft. It is similar to its predecessor in Zoning Ordinance 9500, except that
the FAR bonus is increased. Under the MUSP provisions, the City has the
ability to review the quality of the project and schedules two public hearings
to receive comments from neighbors and the general public.
The Planning, Building and Zoning Department reviews all projects for
compliance with the adopted ordinances and does not process applications which
are proved to be deficient.
We remain available for any further questions that you may have in the future.
Sincerely',
..
i
-- Sergio Rodrigue ;
-"' Director j
SR/ rj
cc: Mickey Biss, Chairman
Brickell Homeowners Association, Inc.
T. Sinclair Jacobs, President
Brickell Homeowners Association
Lucia A. Dougherty, Esq.
Greenberg, Traurig et ai
G. Miriam Maer, Assistant City Attorney
Law Department
` Planning, Building and Zoning MUSP File "
00- 848
Page 2 of 2
0
August 28, 1990
nn�,NTIS
Sergio Rodriguez, ON BRIC�CELL
Mr. S erg quez, Director
Mr. Guillermo 03medillo, Deputy Director
Planning, Building and Zoning Department
275 N.W. 2nd Street
Miami, Florida 33128
Ali 1 ?F ,' t�,+)� Ftt►h'!1i�C
90.�UG 28 PH 4: 57
RE: Application for Special Class II Permit
Bristol Tower — 2127 Brickell Avenue
Dear Messieurs Rodriguez and Olmedillo:
There is now an application before you for a Special Class II Permit (previously }mown
as a Class C Special Permit) for a building to be known as Bristol Tower and to be
developed at 2127 Brickell Avenue.
Because.of the -size and scope.of this development and because of its proximity to the
Atlantis, our condominium association is most interested to make certain that no
development is allowed to be built which does not comply with all zoning ordinances. As
I am sure you realize, if zoning ordinances are not complied with this could have a
damaging impact on the residents and property owners of the Atlantis which is situated
only a few hundred feet from the proposed building site.
?,s such, our association has reviewed the findings of an independent architect who has
-- studied the proposed plans. :he architect's conclusions are that there are five aspects
of the proposed development which do not comply with applicable City and County zoning
ordinances, including the new City of Miami Zoning Ordinance 11,000 which takes effect
on September 4, 1990 and under which ordinance this Special Class II Permit is being
applied for.
''_'^_:e �:•.,e areas of non-compliance are:
,L) The City of Miami Waterfront Charter Amendment Sec. 3(3) states that no building
permits are to be issued unless the average side yards equal in aggregate to at least
25% of the water frontage of each lot. The main tower of the project is at 26 feet from
the south and north property lines, however, the parking structure encroaches 15 feet
into the side yards on both the north and south sides.
2) Metro Dade County Ordinance 85.14, Sec. 8.2.a states that an unimpeded visual
corridor to Biscayne Bay of 20% of the width of the lot or parcel shall be provided on
one side of the parcel. Therefore, for this project 20% of 200 feet (2 lots of 100 feet
each), for the visual corridor should be 40 feet. Only 26 feet was provided, part of
which is impeded by a parking structure. In addition, Sec. 8.3 states that no structure
shall be permitted to be closer than 25 feet to the side property line, however, in
these plans the parking structure is at 10 feet from the side property lines.
3) The City of Miami Zoning Ordinance 11,000 which has been used for the planning of
this project states that minimal dwelling unit size for efficiencies shall be 400 square
feet. The efficiencies in this project are only 240 to 260 square feet.
,p
90w 848
�n aMnr%. nN Attu ..ccmc)Nfih um . C1AnC)N. INC.
2
4) Under Zoning Ordinance 11,000 offstreet loading requirements for this project are
four of 12 feet x 35 feet each. Only two at 12 feet x 30 feet have been provided for in
the plans.
5) This project has added 60,214 square feet to the allowed F.A.R. of 301,076 square
feet by utilizing a 20% bonus for a planned development as outlined in Article 5 of the
Zoning Ordinance 11,000. We have difficulties in finding justification in this
particular case for this extra square footage.
Because of these findings, the property owners of the Atlantis on Brickell, through the
Atlantis on Brickell Condominium Association, urge you not to grant a Special Class I1
Permit for this development, unless and until such time as the proposed plans strictly
adhere to the applicable city and county zoning ordinances.
Please keep the Atlantis on Brickell Condominium Association posted regarding -both your -
department's intended decision and the final decision of this permit application.
i thank you for taking the time to review the natters set forth in this letter.
•erg Truly Y6u_rsue,
Jeff in.Stein, Esq.�
Vice resv.dent
c . c..I` reresita Fernandez
t
ab
lkk l
kfi#g rrf �t�mi
:ERGiO RODRIGUEZ
Director
September 6, 1990
Mr. T. Sinclair Jacobs, President
Brickell Homeowners Association
195 S.W. 15th Road
Suite 203
Miami, FL 33129
Dear Mr. Jacobs:
CHAR H. ODIO
City Manager
We are in receipt -of your letter dated August 27, 1990, in reference to the
proposed project identified as 2127 Brickell Avenue (Bristol Towers).
Guillermo E. Olmedillo, Deputy Director, held a telephone conversation with
you on September 5, 1990, to respond to your concerns as you requested, and
also to advise you that the letter responding to your information request was
Being prepared and would be faxed to you today.
Concerns 1(a) & 1(b): They are best addressed by the intent of the Planner
Development Article of Zoning Ordinance 11000 which is to create incentives
for parcels of land having in excess of 50,000 sq. ft. Under the Major Use
Special Permit provisions, the City has the ability to review the quality of
the proposed development, giving at the same time the opportuni.; for public
inout through two public hearings, one before the _Planning Advisory Board and
one before the City Commission. !our reference to the need for in. additional
hearing before the Zoning Board relates to an earlier version of the zonino
ordinance not the adopted version. For your convenience, a copy of Article 5
of the adopted ordinance is included. In addition, the proposed development
must conform to the Miami Comprehensive Neighborhood Plan, September 1989,
adopted by our Crty Commission and approved by the State through its _.__
Department of Community Affairs.
Your reference to a contribution to the Housing Trust Fund is appropriate;
however, Section 914 was added to the zoning ordinance at the end of a public
hearing process that lasted 2 years, in order to replace a more complicated
content known as Transfer of Development Rights. The end result in the
adopted Zoning Ordinance, is that Article 5 and Section 914 overiapped, but
left the option to the developer, who could go for up to 25% FAR bonus under
S. 914 or up to 20% FAR bonus under Article 5.
Concerns 2 & 3: Your reference is made to an earlier version of the
ordinance, please refer to section 505 of the enclosed adopted copy.
Page 1 of 2
------------
0
Mr. T. Sinclair Jacobs
September 6, 1990
Concern 4: This is to be considered under a Class II Special Permit, Section
923, Zoning Ordinance 11000. It is a separate permit which has been applied
for and that may be appealed by any aggrieved party once the final decision is
reached.
Concern 5: The lodging units are considered to be part of the condominium
units.
Concern 6: The applicant has submitted a letter requesting that as a
condition of the Development Order, the building can not be converted to a
hotel use. (Copy attached)
This Department will meet with you at a mutually convenient time in order to _
explore your idea -to amend the Zoning Ordinance to eliminate the hotel use
from the Brickell area between 15th Road and 25th Road.
Please contact us for any additional information that you may need in the
future.
Sincerely,
S Rodriquez
i ctor
SR/rj
Attachment
cc: Atlantis on Brickell
Mickey Biss, Chairman
Brickell Homeowners Association, Inc.
• Lucia A. Dougherty, Esq.
Greenberg, Traurig et ai
G. Miriam Maer, Assistant City Attorney
Law Department
Planning, Building and Zoning MUSP File
Page 2 of 2
Brickell Homeowners Association
:1� :;Lr r.
1990 huG 27 MA -4 PM 1: 10
Director Sergio Rodriguez
Miami Planning, Building and Zoning Department
275 N.W. Second St.
Miami, FL 33128
Dear Mr. Rodriguez:
Representatives of the Brickell Homeowners Association have
examined plans for Bristol Tower, 2127 Brickell Ave., on file at
the Miami Planning, Building and Zoning Department. We already
have discussed some of our concerns with the proposed high-rise
with Mr. Joe McManus, the city's deputy planning. director. The
Executive Committee of our organization's Board of Directors
would like to go on record with you. These are the concerns of
our homeowners' group:
1. (a) The project includes an additional 60,214 square feet
to the allowed Floor Area Ratio (FAR) of 301,076
square feet by utilizing a 20 percent bonus because
the developer says it is a planned development under
Article 5 of proposed Zoning Ordinance 11000. Article
—' 5 states that "Planned Development Districts may
hereafter be established only by amendment to the
Official Zoning Atlas."
An application for a major use special permit for a
Planned Development-H District has already been
scheduled for a hearing Sept. 12, 1990, before the
Planning Advisory Board and tentatively placed on the
City Commission agenda of Sept. 27, 1990.
Yet, we find no record of the developer filing an
application with the Zoning Board as required by
Ordinance 11000 prior to his appearance before the
City Commission.
1. (b) We are unable to find any written justification for
permitting a Planned Development-H with a 20 percent
bonus in -square footage for this project. The
proposed development does not appear to meet the
requirements, spirit or intent of Ordinance 11000.
There do not appear to be any enhancements to benefit
the community ... only the developer and
resident/owners.
Application for this 20 percent bonus might more
properly be made through Section 914 of Ordinance
11000. The proposed 60,148 square -foot development
bonus might then yield a $401,187.16 contribution to
90- 848 oZ% G
Brickell Homeowners Association
�j t990 &uG 27 MA °� �P -4 PH 1: 10
Director Sergio Rodriguez
Miami Planning, Building and Zoning Department
275 N.W. Second St.
Miami, FL 33128
Dear Mr. Rodriguez:
Representatives of the Brickell Homeowners Association have
examined plans for Bristol Tower, 2127 Brickell Ave., on file at
the Miami Planning, Building and Zoning Department. We already
have discussed some of our concerns with the proposed high-rise
with Mr. Joe McManus, the city 's deputy planning, director. The
Executive Committee of our organization's Board of Directors
Would like to go on record with you. These are the concerns of
our homeowners' group:
1. (a) The project includes an additional 60,214 square feet
to the allowed Floor Area Ratio (FAR) of 301,076
square feet by utilizing a 20 percent bonus because
the developer says it is a planned development under
Article 5 of proposed Zoning Ordinance 11000. Article
5 states that "Planned Development Districts may
hereafter be established only by amendment to the
Official Zoning Atlas."
An application for a major use special permit for a
Planned Development-H District has already been
scheduled for a hearing Sept. 12, 1990, before the
Planning Advisory Board and tentatively placed on the
City Commission agenda of Sept. 27, 1990.
Yet, we find no record of the developer filing an
application with the Zoning Board as required by
Ordinance 11000 prior to his appearance before the
City Commission.
1. (b) We are unable to find any written justification for
permitting a Planned Development-H with a 20 percent -
bonus in -square footage for this project. The
proposed development does not appear to meet the
requirements, spirit or intent of Ordinance 11000.
There do not appear to be any enhancements to benefit
the community ... only the developer and
resident/owners.
Application for this 20 percent bonus might more
properly be made through Section 914 of Ordinance
11000. The proposed 60,148 square -foot development
bonus might then yield a $401,187.16 contribution to
10-- 148 0 C.
the city's Development Bonus Trust Fund administered
by the Miami Planning Department.
2. Ordinance 11000, Section 505, Planned Development
Districts states that "where a Planned Development
District adjoins a residential district, a 20-foot
landscaped yard shall be provided within the Planned
Development District. The proposed plans show only
10-foot landscaped yards down much of the two sides
abutting residential areas.
3. Ordinance 11000, Section 401, Schedule of District
Regulations, under R-4 zoning states that "portions
of buildings over 120 feet in height shall setback
from abutting streets and parcels one [1] foot [of
additional setback] for every additional foot [in
building height]."
The proposed building meets the setback requirements
from Brickell Avenue, but fails to do so from both
side property lines. According to our calculations,
the building as presently proposed intrudes into the
side setbacks on both sides starting with the 26th
.floor. And floors 34 through 40 fall entirely within
the required setback.
4. Off-street loading requirements under Ordinance
11000 for this project in an R-4 district are four
loading bays, each 12-feet-by-35-feet in size. The
size of the four bays proposed by the developer
appears to be deficient. The project calls for two
bays to be 12-feet-by-30-feet and two other bays to
be 10.5-feet-by-36 feet.
5. Use of the 14 proposed lodging units is of particular
concern. The developer has advised our Executive
Committee that these units are designed as maids'
quarters and will be sold only with condominium units
and will not be available for independent rental. The
developer has advised us that use of these 14 units
will be controlled by the condominium documents. We
would prefer that the usage instead be limited
through deed restrictions.
6. It is our understanding that the Bristol Tower
plans, when originally reviewed by your department,
were submitted under Ordinance 9500 and later
resubmitted under Ordinance 11000 - even though they
could have been "grandfathered" under the earlier,
less onerous ordinance.
Under the current Ordinance 9500, an RG-2.2
District exists on the east side of Hrickell Avenue
between the Rickenbacker Causeway (26th Road 4and
Southeast 15th Road. Page 2 of 6 of the Schedule of
District Regulations of Ordinance 9500 states that
this area is "appropriate for high -density
development in the form of multifamily developments
on large tract. Uses are therefore restricted to
those permissible in RG-2 Districts [with minor
modifications]."
These modifications restrict all forms of
transient lodging in the district by not permitting
rooming and lodging houses in addition to hotels.
When Ordinance 11000 takes effect on Sept. 4, 1990,
this district will be zoned R-4, which allows hotels
as a permitted principal use.
The configuration of the proposed condominium units
coupled with the resubmission of plans under
Ordinance 11000 suggests that the developers may
have in mind a possible future change to hotel use.
Naturally, the Brickell Homeowners Association is
concerned about any commercialization of Brickell
Avenue between 15th Road and the Rickenbacker
Causeway. We therefore would like to work with you to
change the proposed zoning ordinance to prohibit
any hotel uses in that area. Until this change is
effected, we must oppose the Bristol Tower project
unless the developers agree to a deed restriction
that prohibits the building from being converted into
a hotel at any time in the future without approval
from two-thirds of all homeowners living within 375
feet of 2127 Brickell Ave.
We very much look forward to your written response to our
concerns. We hope to receive it no later than Sept. 5 - one week
before the Bristol Tower hearing before the Planning Advisory
Board on Sept. 12.
If you are unable to get back to us by Sept. 5, or have any
It questions or would like more information, please call me. Thank
you for your consideration of our concerns.
Sincerely yours,
T. Sinclair (To Jacobs
President
CC: Mayor Xavier Suarez
City Manager Cesar Odio ✓_
Deputy Planning Director Joe McManus
Bristol Tower Project Manager G. Tom Gurr
Brickell Homeowners Association's Board of
90- 848
Directors
a6e,
(ft-tv of Hianti
SERGIO RODRIGUEZ
Director
September 6, 1990
CESAR H. ODIC
City Manager
Mr. Mickey Biss, Chairman
Brickell Homeowners Association, Inc.
2025 Brickell Avenue
Apt. 1403
Miami, FL 33129
'RE: 2127 Brickell
Dear Mr. Biss:
Your letter dated August 28, 1990, lists five areas where the application for
a MUSP for the reference property has been found by your architect to be
deficient.
Area 1: This issue is identical to the one you presented in your appeal to a
former project to be located at this address. The interpretation from the
City is the same as before; the Zoning Ordinance allows certain elements to
encroach into yards, the Zoning Administrator has issued a letter dated June
20, 1990 (copy attached), informing the developer what could be located within
the side yard without being considered an encroachment.
Area 2. It is our understanding that the proposed project was reviewed by the
Shoreline Review Committee of the County. Again, you raised this issue in
your earlier appeal, receiving similar answers from the County. (Copy of
Shoreline Development Review Committee letter attached.)
OL
Area 3. The maids quarters are to be sold with the condominium units,
therefore, should not be considered as separate units.
Area 4. Section 913.2.1. of Zoning Ordinance 11000 provides for an
opportunity opportunity to seek a Class II Special Permit in order to reduce the
dimensional requirements of loading berths. This is a separate administrative
permit which is issued by the Planning, Building and Zoning Department ano
that may be appealed to the Zoning Board by any aggrieved party within 15 days
of the date of issuance.
9q... 848
Page 1 of 2,�p"
14
Mr. Mickey Biss
September 6, 1990
Area 5. The Planned Development section of Ordinance 11000 was designed to
create an incentive to developers with parcels of land larger than 50,000 sq.
ft. It is similar to its predecessor in Zoning Ordinance 9500, except that
the FAR bonus is increased. Under the MUSP provisions, the City has the
ability to review the quality of the project and schedule two public hearings
to receive comments from neighbors and the general public.
The Planning, Building and Zoning Department reviews all projects for
compliance with the adopted ordinances and does not process applications which
are proved to be deficient.
We remain available for any further questions that you may have in the future.
Sincerely, ^
Sergio/ Ro riguef�r
Director
SR/rj
Attachment
cc: Atlantis on Brickell
T. Sinclair Jacobs, President
Brickell Homeowners Association
G. Miriam Maer, Assistant City Attorney
Law Department
Lucia A. Dougherty, Esq.
Greenberg, Traurig et al
Planning, Building and Zoning MUSP File
Page 2 of 2 9 0 — 848
B,- `,t' L HOMEOWNER'S ASSOCIATION, ���•
August 28, 1990 p�
90
Mr. Sergio Rodriguez, Director G 28
P� �• S$
Mr. Guillermo Olmedillo, Deputy Director
Planning, Building and Zoning Department di`'
275 N.W. 2nd Street
Miami, Florida 33128 "--�
RE: Application for Special Class II Permit
Bristol Tower -- 2127 Brickell Avenue
Dear Messieurs Rodriguez and Olmedillo:
Hopefully, you are familiar with the Brickell Homeowner's Association which was
officially created in May of this year and which represents the majority of the
thousands of property owners in the residential community of Brickell Avenue between and
including 15th Road and 25th Road.
Our organization is the successor to the Brickell Homeowner's Fund which was created in
August of 1987 to voice and then fight for the neighborhood's opposition to a building
which was than proposed for 2475 Brickell Avenue to be known as Brickell Promenade.
Since that time. the BrickelI Homeowner's Fund'and now the Brickell Homeowner's
Association has been monitoring and reviewing the plans for all major development
proposed to be built in our immediate neighborhood. Over the past three years we have,
many times, supported the position of your Planning, Building and Zoning Department, as
was the case with the above referred to Brickell Promenade.
There is now an application before you for a Special Class II Permit (previously known
—' as a Class C Special Permit) for a building to be known as Bristol Tower and to be
developed at 2127 Brickell Avenue.
Because of the size and scope of this development our organization retained an
architect, Mr. Rocco Pace, who I believe is well known to your department, to review the
proposed plans. _
Mr. Pace has reported to us that there are five aspects of the proposed development
which do not comply with applicable City and County zoning ordinances, including the new
City of Miami Zoning Ordinance 11,000 which takes effect on Septemi>er 4, :990 and under
which ordinance this Special Class II Permit is being applied for.
The five areas of non-compliance are:
1) The City of Miami Waterfront Charter Amendment Sec. 3(3) states that no -building
permits are to be issued unless the average side yards equal in aggregate to at least
25% of the water frontage of each lot. The main tower of the project is at 26 feet from
the south and north property lines, however, the parking structure encroaches 15 feet
!-nto the side yards on both the north and south sides.
2) Metro Dade County Ordinance 85.14, Sec. 8.2.a states that an unimpeded visual
corridor to Biscayne Bay of 20% of the width of the lot or parcel shall be provided on
one side of the parcel. Therefore, for this project 20% of 200 feet (2 lots of 100 feet
each), for the visual corridor should be 40 feet. Only 26 feet teas provided, part of
so- 848
�h
13
2
which is impeded by a parking structure. In addition, Sec. 8.3 states that no structure
shall be permitted to be closer than 25 feet to the side property line, however, in
these plans the parking structure is at 10 feet from the side property lines.
3) The City of Miami Zoning Ordinance 11,000 which has been used for the planning of
this project states that minimal dwelling unit size for efficiencies shall be 400 square
feet. The efficiencies in this project are only 240 to 260 square feet.
4) Under Zoning Ordinance 11,000 offstreet loading requirements for this project are
four of 12 feet x 35 feet each. Only two at 12 feet x 30 feet have been provided for in
the plans.
5) This project has added 60,214 square feet to the allowed F.A.R. of 301,076 square
feet by utilizing a 20% bonus for a planned development as outlined in Article 5 of the
Zoning Ordinance 11,000. We have difficulties in finding justification in this
particular case for this extra square footage.
Our organization is all in favor of long awaited new development for the residential
section of Brickell Avenue. However, we feel that all new developmtent must adhere
strictly to the zoning ordinances, unless variances are sought and granted through an
appropriate process.
As you know, a great deal of public time and funds went into creating the new City of
:iiami Zoning Ordinance 11,000. As with the other zoning ordinances, the pur7.,cse and
intent is to protect the neighborhood and the city.
Therefore, through the Brickell Homeowner's Association, the thousands of property
-- owners in the immediate vicinity of the property on which this project is proposed to be
-' -ui_t -- n.GE YOU NOT TO GRANT A SPECIAL CLASS iI :L'R�T FOR THIS DE�IELOF-ME.NT, uivl.Z.
ANT) UNTIL SUCH T124E AS THE PROPOSED PLANS STRICTLY ADHERE TO THE APPLICABLE CITY AND
COUNTY Z7ONING ORDINANCES.
We are hopeful that you will concur with us that zoning ordinances, espec=ally new ones,
are rant to be adhered to and enforced and as such, you will deny this permit for the
;roposed sans, as they presently exist. ::'yen, should the -developer choose to appeal
your correct and appropriate decision, I assure you that the coAmunity will support and
assist Your department in the appeal process.
Should you wish to discuss or review this matter with either me or our architect, Mr.
Pace, please feel free to.phone me at my office: (305) 854-0001.
Please keep the Brickell Homeowner's Association posted regarding both your department's
intended decision and the final decision of this permit application.
:'banking you for taking the time to review the matters set forth in this letter, we
e*'3i^
very Truly Yours,
BRIC=1 HOMEOWNER'S ASSOCIATION, INC.
by Micky Biss, Chairman 0 - 848
Teresita Fernandez
da
KA
Brickell Homeowners Association
MilAel , P, �1XiNG 7 P i
90 AUG 30 PM 2: 32
27, 1990
Director Sergio Rodriguez
Miami Planning, Building and Zoning Department
275 N.W. Second St.
Miami, FL 33128
Dear Mr. Rodriguez:
Representatives of the Brickell Homeowners Association have
examined plans for Bristol Tower, 2127 Brickell Ave., on file at
the Miami Planning, Building and Zoning Department. We already
have discussed some of our concerns with the proposed high-rise
with Mr. Joe McManus, the city Is deputy planning .direc-tor. The
Executive Committee of our organization's Hoard of Directors
would like to go on record with you. These are the concerns of
our homeowners' group:
1. (a) The project includes an additional 60,214 square feet
to the allowed Floor Area Ratio (FAR) of 301,076
square feet by utilizing a 20 percent bonus because
the developer says it is a planned development under
Article 5 of proposed Zoning Ordinance 11000. Article
_ 5 states that "Planned Development Districts may
hereafter be established only by amendment to the
Official Zoning Atlas."
An application for a major use special permit :or a
Planned Development-H District has already been
scheduled for a hearing Sept. 12, 1990, before the
Planning Advisory Board and tentatively placed on the
City Commission agenda of Sept. 27, 1990.
Yet, we find no record of the developer filing an
application with the Zoning Board as required LLy
Ordinance 11000 prior to his appearance before the
City Commission.
1. (b) We are unable to find any written justification for
permitting a Planned Development-H with a 20 percent
bonus in square footage for this project. The
proposed development does not appear to meet the
requirements, spirit or intent of Ordinance 11000.
There do not appear to be any enhancements to benefit
the community ... only the developer and
resident/owners.
Application for this 20 percent bonus might more 5 Oy 4
properly be made through Section 914 of Ordinance
11000. The proposed 60,148 square -foot development
bonus might then yield a $401,187.16 contribution to
is
the city's Development Bonus Trust Fund administered
by the Miami Planning Department.
2. Ordinance 11000, Section 505, Planned Development
Districts states that "where a Planned Development
District adjoins a residential district, a 20-foot
landscaped yard shall be provided within the Planned
Development District. The proposed plans show only
10-foot landscaped yards down much of the two sides
abutting residential areas.
3. Ordinance 11000, Section 401, Schedule of District
Regulations, under R-4 zoning states that "portions
of buildings. over 120 feet in height shall setback
from abutting streets and parcels one [1] foot [of
additional setback] for every additional foot [in
building height]."
The proposed building meets the setback -requirements
from Brickell Avenue, but fails to do so from both
side property lines. According to our calculations,
the building as presently proposed intrudes into the
side setbacks on both sides starting with the 26th
floor. And floors 34 through 40 fall entirely within
the required setback.
4. Off-street loading requirements under Ordinance
11000 for this project in an R-4 district are four
loading bays, each 12-feet-by-35-feet in size. The
size of the four bays proposed by the developer
appears to be deficient. The project calls for two
bays to be 12-feet-by-30-feet and two other bays to
be 10.5-feet-by-36 feet.
5. Use of the 14 proposed lodging units is of particular
concern. The developer has advised our Executive
Committee that these units are designed as maids'
quarters and will be sold only with condominium units
and will not be available for independent rental. The
developer has advised us that use of these 14 units
will be controlled by the condominium documents. We
would prefer that the usage instead be limited
through deed restrictions.
6. It is our understanding that the Bristol Tower
plans, when originally reviewed by your department,
were submitted under Ordinance 9500 and later
resubmitted under Ordinance 11000 - even though they
could have been "grandfathered" under the earlier,
less onerous ordinance.
Under the current Ordinance 9500, an RG-2.2 9 0 ... 848
District exists on the east side of Bricksll Avenue
between the RickenbaCker Causeway (26th Road) and
I
Southeast 15th Road. Page 2 of 6 of the Schedule of
District Regulations of Ordinance 9500 states that
this area is "appropriate for high -density
development in the form of multifamily developments
on large tract. Uses are therefore restricted to
those permissible in RG-2 Districts [with minor
modifications]."
These modifications restrict all forms of
transient lodging in the district by not permitting
rooming and lodging houses in addition to hotels.
When Ordinance 11000 takes effect on Sept. 4, 1990,
this district will be zoned R-4, which allows hotels
as a permitted principal use.
The configuration of the proposed condominium units
coupled with the resubmission of plans under
Ordinance 11000 suggests that the developers may
have in mind a possible future change-. to hotel -use.
Naturally, the Brickell Homeowners Association is
concerned about any commercialization of Brickell
Avenue between 15th Road and the Rickenbacker
Causeway. We therefore would like to work with you to
change the proposed zoning ordinance to prohibit
any hotel uses in that area. Until this change is
effected, we must oppose the Bristol Tower project
unless the developers agree to a deed restriction
that prohibits the building from being converted into
a hotel at any time in the future without approval
from two-thirds of all homeowners living within 375
feet of 2127 Brickell Ave.
We very much look forward to your written response to our
concerns. We hope to receive it no later than Sept. 5 - one week
before the Bristol Tower hearing before the Planning Advisory
Board on Sept. 12.
If you are unable to get back to us by Sept. 5,
questions or would like more information, please
you for your consideration of our concerns.
Sincerely yours,
�74
T. Sinclair (Tory) Jacobs
President
CC: Mayor Xavier Suarez
City Manager Cesar Gdio
Deputy Planning Director Joe McManus
Bristol Tower Project Manager G. Tom Gurr
Brickell Hoseownera association's Board of
or have any
call me. Thank
90-- 848
Directors
•
CMC Development, Inc.
Mr. T. Sinclair Jacobs
President.
Brickell homeowners Association
195 S.W. 15th Road
Suite 203
Miami, Florida 33129
Dear Tory,
r .-
.
goQU6 30
PH 32
August 29, 1 90 ..L
/-Y- u}l�
025"6 i
It was a pleasure meeting you at the Brickell Homeowners Association
board meeting cn Tuesday, August 21, 1990. we very much appreciate ::our
courtesy in requesting that we respond to the issues raised by Mickey Biss
at that meeting.
T_ am sorrj that we were prevented from responding to the issues raised
by Mr. Biss. 4owever, I believe that you will find that the enclosed letter
from our attorney addresses all issues raised by Mr. Siss and proves that
Bristol 'Power is not in violation. of any City or County ordinances.
�7 look forward to becoming an integral part of the -Brickell neighbor-
,=d, and with cur high quality design becoming an enhancement to same.
If I can provide further information, please do not hesitate to call
upon me.
.
cc: U90 taolaobo
sam &aztyn
Mr. CM H. Odio, citymmuk9w
(X. savio irector
F & SADVt.
Lints Rsvuwita
Vest truly yours,
':om Gorr, P.E.
Senuw vice President
90-- 848
30
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.13031 766.0300
rcL[COPT 13051 765.1477
--- Mr. T. Sinclair Jacobs
President,
3rickell Homeowners association
195 S.W. 15th Road
Suite 203
Miami, Florida 33129
.LICIa as. MORAtas
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(407) 6e3-456ll '
T[LeCOPT N0716d]-6M7
August 27, 1990
Re: Bristol Tower - 2127 Brickell Avenue
Dear Mr. Jacobs:
Curr0a0 A. sCMYLYa1/
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Mallow, IL /n.VcaMa//
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11M 3c 50.312A
PLCASC RtPLT TO:
MIAMI OrrlCt_ .
WRITtIR S 010119CT NO:
(305) 579-0603
Tom Gurr, Project Manager for Bristol Tower, requested that
I prepare a response to those questions raised by Mr. Pace in his
`letter dated July 18, 1990 to Mr. Micky Biss. This letter will
discuss Mr. Pace's issues in the same order as his letter. I
believe that you will have a better understanding of Bristol
Tower's proposed project, once you have all of the facts before
your and we thank you for the opportunity to respond to these
Questions.
For your review I am enclosing a copy of the Major Use Special
Permit Application For a Planned Development Overlay District which
we submitted to the City of Miami on August 13, 1990.
The Bristol Tower Project complies with Section 3(mm)(ii)(B)
of the Charter of the City of Miami, Florida, as amended. Section
3(mm) (ii)(B) provides that waterfront property shall have an
ri,
.j;_
Mr. T. Sinclair Jacobs
August 27, 1990
Page 2
average side yard equal in aggregate to at least 25 percent of the
water frontage of each lot based on average lot width. Bristol
Tower-provides.*26 feet of side yard and therefore meets the
criteria of the Charter.
Zoning Ordinance No. 11000 defines a yard as:
An open space that lies between the principal
buildings and the nearest lot line. Such yard
ture or portion of a structure from 42 inches
from the ground upward except as may be speci-
fically provided in this ordinance. (Emphasis
added).
Since the parking garage roof structure is lower than 42
inches from the ground, the fact that it extends 10 feet on either
side of the main structure is not a violation of the charter since
it does not extend into the yard.
Prior to submitting Bristol Tower's plans to the City, Bristol
Tower requested an interpretation of this issue from Mr. Joseph
Genuardi, Zoning Administrator. (Enclosed is a copy of Bristol
Tower's request). Mr. Genuardi confirmed in his letter dated June
20, 1990, that Bristol. Tower may construct certain elements within
the side yard provided that they are not higher than 42 inches.
(Enclosed is a copy of Mr. Genuardi Is letter). As you can see from
1:r. Genuardi's letter, Bristol Tower is not in violation of the
City's Charter provision.
Is9
Bristol Tower is not in violation of Metropolitan Dade
County's Biscayne Bay Management Ordinance. On August 8, 1990, the
Bristol Tower Project was approved with conditions, by a unanimous
vote from the Shoreline Development Review. Committee ("Shoreline
Committee"). Enclosed is a copy of the Staffs Report to the
Shoreline Committee. The Shoreline Committee's Resolution has not
been executed as of this data, so I cannot transmit a copy at this
time.
90- 848
Article III of Chapter 33D of the Code of Dade County,
Florida, as amended, (hereinafter "Dade County Code") provides
criteria for Shoreline Committee review. Section 330-38(2)(a)
(a/k/a Metropolitan Dade County Ordinance 85.14, Sec. 8.2.a)
requires an unimpeded visual corridor to Biscayne Hay, of twenty
(20) percent of the width of the lot on one side of the parcel.
Bristol Tower is providing 26 feet on each side. At the Shoreline
W1
`J
Mr. T. Sinclair Jacobs
August 27, 1990
Page 3
Committee meeting of August 8, 1990, the Committee found that
Bristol Tower did not need to provide a 20 percent unimpeded visual
corridor because the density of the tress and the historic wall
along Brickell Avenue presently impede the visual corridor. There-
fore, there was no justification for the visual corridor unless the
Shoreline Committee required the removal of the historic wall and
for all trees be cut down, which, of course, they would not do.
Neither has Section 33D-38(3) (a/k/a Sec. 8.3) been violated.
As noted on page 2 in the enclosed Shoreline Staff Report, "[t]he
parking garage roof is to be considered at grade."_ Therefore,
there are no structures above grade closer than 25 feet to the side
property -lines.
Issue 3
All units in the Bristol Tower Project meet the minimum
dwelling unit size of the City's Zoning Ordinance No. 11000. In
addition to the 145 condominium units, Bristol Tower will be
_- providing 14 lodging units which will be used for maid's rooms.
These units will be sold with a condominium unit and will not be
able to be purchased separately. They are neither efficiencies nor
dwelling units.
The City has accepted Bristol Tower's building plans and did
not find that these units were in violation. of any ordinance
provision.
Issue 4
For this Project, Zoning Ordinance No. 11000 requires four (4)
,loading berths which -are each 12' x 351. However, Section 923.2.1
of Ordinance No. 11000, provides for the reduction in the above
dimensions of required stalls by Class II Special Permit. Bristol
Tower has submitted an application for 'a Class II Special Permit
which requests the reduction in loading berth'size for two berths.
Bristol Tower seeks to provide one 12' x 44' berth (which is larger
than the required size), one 12' x 35' berth and two lo'6" x 36'
berths.
94- 848
Bristol Tower has submitted to the City of Miami, a Major Use
special Permit application for the purpose of being designated as
a Planned Development Overlay District pursuant to Article 500 of
Zoninq ordinance No. 11000. Bristol Tower is seekinq this designa-
tion so it can utilize Section 502 of the ordinance which provides
that planned developments may have an increase in floor area ratio 23
Mr. T. Sinclair Jacobs
August 27, 1990
Page 4
of up to twenty (20) percent over that allowed by the underlying
district.
The City permits this increase in floor area in return for the
ability to review the entire project on a comprehensive basis so
as to assure a quality development and impose conditions for the
enhancement of the neighborhood. It is through this review
process, that the City and homeowner associations can best be
assured that the development will enhance Brickell Avenue. The
City wants to encourage this type of review and therefore provides
the bonus incentive. The Major Use Special Permit application
which is enclosed_. contains project information, 'detailed project
description, a minority construction employment plan, a traffic
analysis, a site utility study and an economic impact study.
In conclusion, Bristol Tower is in compliance with all City
and County regulations. Both the City of Miami Heritage Conserva-
tion Board and the Metropolitan Dade County Shoreline Development
Review Committee have unanimously approved the construction of
Bristol Tower. Both Boards publicly stated that they were extre-
mely impressed with the Project. We believe that you will also be
impressed and eager to welcome Bristol Tower to your neighborhood
after you have had the opportunity to review the application.
Please do not hesitate to call me or Tom Gurr if you, or any
of your members, have any questions or would like further informa-
tion. We would be happy to meet at your convenience to discuss
_here or any other Concerns you have for the Project.
Very ,ly yours,
L cia A. Dougherty
LAD:wp
Enclosures
cc: Mr. Cesar H. Odio
Mr. Sergio Rodriquez
Mr. G. Tom Gurr
Robert H. Traurig, Esq.
RUMM6
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HAND nELTP U
Xr. w osapfi Ganuardi
=:.nI .a Ad=i i.st'.azcr
City of Miam Planning,
and zcninq �Otoraer.
ar ant
Zis tt.W. ind
4, 1ami , Flor= " 3 312.8_
i
Re: 12127—Brickell
I
0 ar .Mr. Ganuardi:
I I
�n al1f
(,!Bristol Tows,
Ordinanca No. 3
city of M1aizi
ar� 21.27
of our
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and
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1990
,I I
I
�.liant, Bristol Towar L.izitad Partnership
are requnstinq an interpretation of Zoning
section 3 (B) Or the, Charter Qf t�s
:rida. 1. '
r is planninq to develop a condominium bu�ldiaq
Avenue, Miami, Florida. The tollovinq slamar"
y be located forty-two inchis ('2") above grade
rds of the prof eats 9 0 w 848
tr circuiation ramps to enerx at' upper dock.. -
1
i
f
;?lease 'a vise in writing as soon as possible as co :your
interpretation:
Very truly yours,
Adrienne L.' Friesner
ccMr. GU , z* S. Olmadillo y
Mr. San;Siratyn
*. U40 , Cbl Ube
Mr. 0" a=entsr '
Mr. G.,
40 elta
Robert I 4i T3 Uriq, Esq.
L leia A arty, Esq.
Mr. Josec_ h' Genuardi
Juna 12, 190
Page 2 i
3. -tand'scape retaining walls to contain ground cover.
4. fire(e}aargancy vehicle access and egress.
5. SacnrAy gates.
o . kni:16s6d structure housing parking below 42" .
fait feet from north and south property lines.)
t I I
�1® would like to know Whether the location of these
would be in violation of the City's Zoning ordinance No.
section 3(in (ii)(13) of the City Charter.
JaiIt is � our; opinion that the following provision of
LiOoa permits these elements to be located up to
nc.�es (4211),'above grada'within the sideyard without
aii :er Ordinancaf 11o00 or time above stated section'of t:ie
' - Wing ordinance tic. I100a defines a yard as:,
I
c I
'open space that lies between the principal
6u11dings and the nearest lot line. Such yard,
;s ' unoc=tpied and unobstructed by any s'trsc-
curay o= portion of a structura from 42 inches
krami tka ground upward except as may be spe-
cifically provided in this ordinance. I
(Sac back
elements
iio0o or
ordinance
:ort�-two
violating
Charter.
i
Ma Charter: requires 25% view corridor Iat sideyards. I The
4e, :initicn 1 -_i! '-ideyar",ust .-a annsistenL wit~ -::e .nin q
----------------------------------------------------------------------- `
�
Atia=-t Ii
i 1
�� "C rioPoT t
June 20, 1,990
i
A rienne L'. N suer
2r'eencerg Tra prig, Hof f=an, 3ipos f, _
Rosen' k Quent 11 ?.A. ` I
Erick'el.l�AVenue '
��'a�i�•
Re: 2127 Ska,kell Avenue, Bristol Tower �
ear `",s. ; rieine'r:
,e June t2 1990, reauestia an
M
7h'is :.s -n reply, to your letter of , � S
^.'t_cn '-f '_on,,;:3 �rd",ance Flo- ! 1000 ana St_zn
;Bi - {`tie C:.ar__r of cne City cf ami, c'Iar.ca. I
;s; ^7:,nir.g d'ministrator, may only make an -interpretation cri the
Howe�,er, S.ecticn of the "'garter
.3i en o: ceaole; z'y t:;e Zzn-nc Section of this .epart., ent
�7 :��i � :.i nac •::v rovI-nlons y u a e s :--s t�Ctr�I =re
e,r _i to wrist may be , '_ace is a required ;and are:.
:he City Cihar�er, Section � (mm)(iii) refers to setback end side
yard 'as r`equ r�d ty--tine zoning ordinance. ' hereiore, the
aefinitfon of -ide yard would be that listed -in th crdinance.
finder �,''ection J07-4 and the definition section ar ordinance
11000,; strucc res up to forty-two (42) inches above the grqund
are permitiea .n a required yard.
ThIrefore, Ithe eements listed in your letter are {allowed s iihin
the 31de yard, ubject to meeting all other codes or' ordinances
re uir'smenzs,andMetro-Dade Biscayne Say Shoreline ?evel�pment
Review.
I �
90-
I
i 1
a rienne LI. ' e iesner I June I2 n , i 49 n
I j Pace 2
I
:r 'I u requite) any further information, please £ee ;fee to
,cntact me ag in.
^ery truly .ours, I i
' I I 4JE A.GcNUARDI, P.ng Administratcr
_ci _erglo Roc;r:'guez, .irector
lul__crII10 �i:�ed2'_1:,,'epuL� �irecccr
1. :".ir+am Mier, -ss't . City-ttcrnev -
I
I ! i
Ii-
I
:G- 848
i
,3TW: July 22, 1490'
Maview
Committee
SUBJBCT: Bristol Tcw�r
(AP-01. No. 90-12)
ALM AL. tl ilk
= c• c=,L'- , —
136v@1vp mEtaL Imgnct Commutes-
r . M31agm,
Site Play Approval.
.he subject application is located at 2127 BrIckall ;.venue
in the City of Miami on a parcel of land 3.46 acres i.a
size - 772.01 deep, and approzimately 200.0' wide. The
cancer. zoninq is RG-2.2/7 wmich allows for multi -family,
high d.ftnsity use.
The proposed project coaststa .of a 36 story _esidential
tower above two floors of underground parkinq. Also
iaeluded will be a pool area, tennis dour-, and raised wood
deck along Biscayne Bay. A historic wall will -ema-t + at the
f=oat or the property.
Last year a proposal oral submitted for this site and was
kmn%a as The Oasis on Be-r-kell.
III. ST1FP QRITIQQ�
T_a the•svaluatioa of tbis
project,
staff reviewed si_a
plans
submitted by -n- I lemon-9iaz add : Pa.- Qrs , Arc :itac-s ,
dated
5/20/90 consi.stiac of 20
pages..
The la.adscape clan.
dated
6/13/90 ;revised ?/2/90)
was submitted
by nradahaw,
Gill,
Am and Associates and
consists
of 5 maces .
Orrii•,A ce 85-i4 - Se _crt - Lacis:ativa _anr
* t is staff's assessment that :;.Ia project - s :a compliance
with the split and intent of `.hi.s jectlon ofthe Or .dance.
Ordl-ance 85-:4- - 3ecLion 3 - Review C:::;=eria
Share!'—e Set: ack - -- :e oromosed sez:;acx of the caadominium
_s aporox�ateiv 179.0 , ! n assina a re�i.re=tent cr %5.0' .
Members
Shoreline Devei tment Review Coamtttee
u.LV 23 , 1990
?age 2
=ice Setback - -7 a ser-backs _== --"e :o =':.h scumii
=_ovar=7 ?yea ass 26.01 .o =to bulld:..:q, zr.d '-0 . 0 ' =o
carkiaq gasage. _he park!=q garage rcof :s to be considered
at grad®.
7isual Corridor - The width of. the aroverty is 200.0' ;
thereby ream : c a visual cc=:.dor of 40.0 " . The City of
Hiami in its WaterfroAt Charter Amendment rea ies that an
aggregate of 25$ of. the Width of the property be is open
space (in this case 50.0 •) , whici has been. met. lit th:.s
instance a visual corridor is not az-al.alble due to the
historic wail fronting aricke11 27anue, jtLich is being kapt,
and the existing vegetation on the site.
Other Contemns
Lan`dsaafli`aa "Mae plantinq plan shows relocation of
signitiz=z native trees on- and off -site and the retention
trees. of many other large, native Howr ever, the r�.�l_*g
plant matorialp, especially shrubs, does not, include many
native species. Coconlma could be used for hedge material;
and for loan shrubs and groundcover: Lantana, Teys Spider
Uly, and Dayiiles.
gaterfalls and Lagoons - These are not Indigenous features
of South Florida and are not apvropriate for tots site.
instead, the bluff` and lower bl%ft area should be preserved
In its natural. state.
Miscellaneous - The landscape pians need. to show details
genera ng benches, rails, lighting, and signage. An
elevarion focusing an the bluff area needs to be included.
i
Staff supcor z the appli.catioa- gives the proposed plans for
tha site conditioned anon addressing the above concerns.
SAD; z:g
.
90w. 848
Em
'0
RESOLUTION HCB-90-23
A RESOLUTION AUTHORIZING A CERTIFICATE OF APPROVAL FOR
THE CONSTRUCTION OF A CONDOMINIUM TOWER KNOWN AS
BRISTOL TOWERS, 2127 BRICKE LL AVENUE, LOCATED WITHIN
ENVIRONMENTAL PRESERVATION DISTRICT 437-7, SUBJE.CT TO
THE FOLLOWING CONDITIONS:
I. NO WATER FEATURE SHALL BE LOCATED ON OR EASTWARD OF
THE B LUFF;
2. THE USE OF PLANT MATERIALS MORE APPROPRIATE THAN
FICUS SHOULD BE CONSIDERED;
3. TWENTY (20) NEW HAMMOCK TREES AT LEAST 4 INCHES IN
DIAMETER AND 12 FEET IN HEIGHT ARE TO BE PLANTED
WITHIN THE NEARBY PUBLIC RIGHT-OF-WAY ( LOCATION TO
BE DETERMINED BY PUBLIC WORKS AND PLANNING);
4. THE OADE COUNTY ARCHEOLOGIST IS TO BE NOTIFIED
PRIOR TO ANY GROUND DISTURBING ACTIVITY SO THAT
ARCHEOLOGICAL MONITORING CAN TAKE P LACE ;
S. A BOND OR LETTER OF CREDIT EQUAL TO THE REPLACEMENT
VALUE OF TREES TO BE RELOCATED AND THOSE ENDANGERED
BY CONSTRUCTION IS TO BE POSTED;
AND FINDING 'HAT THE PROPOSED TREE REMOVAL MEETS
CRITERIA 1 AND 2 OF CHAPTER 17-9(A) OF THE MIAMI CITY
CODE.
PASSED AND ADOPTED THIS 17TH DAY OF jULY, 1990.
HERITIAUE CON5ER �j'_u N tJ e r :777
CHAIRMAN
LAw orF10E9
GREENBERG. TRAURIG, HOFFMAN. UPOFF, ROSEN & CUENTEL. P. A.
1221 8PICKELL AVENUE
MIAMI. FLORIOA 33131
�23.8uI
SROWARD O!�'10E
MIAMI (3051 579.0800 • SR0wwr10 1308)
WEST PALM iEACN OrryC£
500 CAST SROWARO SOULEVARO
TELEX 80.3124
Ie01 rORUM PLACE • SUITE 307
SUITE 1390
TELECOPV (305) 579.0717
WEST PALM TEACH. rl ORIOA 33401
SORT LAUOEROALE. PLORIOA 33394
;4071 683.6e11
(3051 7153.0500•
rELECOPV 14071 883.84&47
rELCCOPV t3087 785•1477
LUCIA A. OOUGNERT/
PLEASE PCPLT T0:
s7a•oeoa
MIAMI OrrICE
September 5, 1990
VIA HAND -DELIVERY -
Mr. Guillermo Olmedillo, Deputy Director
Building, Planning and Zoning
City of Miami
275 N.W. 2nd Street
Miami, Florida 33128
Re: Bristol Tower Limited Partnership
2127 Brickell Avenue - - -
IIear. Guillermo:
This is to confirm that my clients would like to request a
modification of the proposed Development Order for the Major Use
Special Permit application for the above -captioned project. The
modification is a stipulation that the building will not be
converted to hotel use.
My understanding is that with this stipulation Brickell Homeowners
Association will support this project.
Sincerely,
Lucia A. Dougherty
LAD/ j hd
cc: Mayor Xavier Suarez
Mr. Cesar Odio
Mr. Sergio Rodriguez
Mr. Joseph McManus
Robert H. Traurig, Esq.
Adrienne L. Friesner
yd_ 848
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