Loading...
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 �z cmGO r =71 < M C-n --J (qc) - � � � 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 LAW orrlCES GREENBERG. TRAURIG• HOFFMAN, UPOFF, RO5EN 8t QUENTEL. P.A. ♦erraRT P .6a041 rtaNalloo C..LONso Cgs" L. Atvaata LING► C. .wOatlls CAVIO T..2wlw ZAXLA N. s40100W .NNW L. saaaw . 01999" J. &&"PON* LI/aJ aswsea .Amn G /LOON rwa W" t. 0110444&Jw. Omar awYTOw ,rave /uttoct •LOaw a. sua►II.sTeN KNarc a. 4aoawa0 ,. Pw.LYP CPal an CAM" s. C.1/I.0 .aT Calous" sus Y. Cot CAa"LLO .Law T 0I00" LYCIa a. OOWwa11TT +/tua/d e• t" .aNwar" aoat/.aw .A4682 N 6004a. $ MIAIII OrrIC9 22t eRICMtLL AVCHUt MIAMI, rLORIOA 33131 ;]OD! 379 ODOO TCLtcOP. t3051 579.0717 OMIT Is. tMTWIN ..aewr N. 1smcav1 rw .OaleNNa L. rMtsmn npttN7 C OA M CAROts Is. Oawemsaa TRNasITA O%MMDA alCNast e. Oa stain? 806M L saNT j4"INIT OILsaNT semCa w. Ow.sa^.La/w N J. weemasM/OTo /TevtN a. seLNtaN aTuvaN fis. 40"8mTN .Ost'w O. 4e46sTalw are"" s. OOOet.aN NaTTM" e. 400*00 YPNt J. oerruat YeLve1 a OwealmNL s "NO" a saesnoLATT mosew 1- 0ao6098aw OYNa V ONme easHLVAM A watt Pawl, 4 n&oWco PRTaN J. w61610 CA/NIan wanftaa* M-\ON/TtiN .NLLYY It Maas •aNarN C..12. a n LaNaNr J. plarrI/aN .YNTIN AALa 11av10 A. aaw/w OOSN1 J. nuns r1YOT4T a. slaw sTRVtw J. P/.wTR ara" A. LANYr CMMSTO a. La//Y .aNCT t. ►ASN .LAO e. L/OtNYals r040 S. LAVIN oaNT a. Lxvlweo" .ON/Mu W uPOrs CANLOe L LOYYNIT JU&M a LOmrwLT /awes L YaC60MOWN 0OstW O NACialL Pco m.1 YANrlwas-Ir .Ott 0. Wsam JuaN J. raTOV Jft. JOMII T. 09726911 LOWS a. rONTRLLO. IN. •ROTTANO Orroct $00 CAST YROwARC OOULtvARO rowT LAUCCROA.t. rL0010A 333" .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 .a"AT L. O eo1%N rauaT 0. OLICRAN +,tall Al. ONano Oats/a Y. OwtMarsav fTtVaw J. PAN00 raN/Na►. a. PAOTtwwaaa Soria J. PtNta .LAM JY" J. PtaLw OTOON o. PaTe11ac11 .Lsawr O. OusNTat. .Ott welYeTe1N ..aN J. Palmas&" Lugo as/Tall ,oust L. Inaralro - Twopmao al4ea0 .twwtTl. IL aOtwlsON +&anal. a. noOaMuaA .LAN w. POLIS." ..ANINN ► 0009" WWJGAas a. aOteNaJ.YY Pout a. mostYeewe aaft"o Y. aoeeasaaTtN oAvgo L. 00/0 as P at"ind PP WtST PALM OCACM OIIICt toot rORUM PLACC WCST PALM OLACM. r11-0010A 33401 (407) 6e3-456ll ' T[LeCOPT N0716d]-6M7 August 27, 1990 Re: Bristol Tower - 2127 Brickell Avenue Dear Mr. Jacobs: Curr0a0 A. sCMYLYa1/ 4644N a. sCNwiswn xcoaOT A. 2s0A" Mallow, IL /n.VcaMa// TI11s11A 0. 611101ea ,TUAWT w 41110ee QANT A. s/PUN -"LT a. aWLIwCA Laulla P aTCPYtw/ON .OeL L. sTOCwtN usaa1/0aa L TACONIC& netear as, Misusing snww J. NaLNN ♦aMe" NaITt/0NN »ol..we It u1YTAMN 00090T C. OMIT&. Jw. .a11NOte 6 N/eM 004e01 Y, wOtl 1`11 of" e. MOLPC ,Nan.► NO►xton .ANCIS INrtOK dw a.l.aatt LACMANT w. WOLlrtaeruNw 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 3y �1 LAW OrrICZS GAzimitAa. rRAURIG. MO!''r~. UPaM ROSEN .uIw11T • A6wOa iTRVo i I ! OAOM►M cW"AN00 C. ALCNoO INTA `GOMaAM CCSAA L. ALVAS412 ?4aTTN<N e: 449"eCM i.INOA a. Among" r►PC J: 4OTT000 .".AVID T. AAwIN ( IAMMt ewlwetwo CARLA r SAAA01r (A tLVIN N. 4AttNei!•O •dial L. IIAAaM I sAaOY A 4092N06hrT ��-ILAAIt aA11 1 rOettw!, ,A.Ao"61'" 4OwMAN J..twrowe OI►MA LL 6a4e LIs►... Otwoca I Name a w409114 I+Aw■ e. eL.00Y Memo YItNAOO 4. sesOOVMN CAAYt11 Owtim /eQ•LONSTC,// raANels e. saoe►N. -A. r1LL1AM t Me" SWAT awvTow oN a•. MOI/MAM IlTcvc tu"aclt . �/.Aer�MOrrMAM LLCcN C. SYRLiN4TON ..AATIN ■ALs :"COTO a: C►AStNAs CAtwe s. AtNIN Omm u• GAwV[A palm ♦ AIwo e. CAAIIo I moon" C. kin" AV CMOLCMC ArcVCWJ. wwA-Vlt we i. Casa ( krg"" A. L:AMe+ .L*CRT A. ao. CASVILL.O CAN416TO A.I LAM.{A LAN T. o1MOMs I k"WV a. LAsM L.ICIA A. ocuramewTT I&AN e�L.cOrJlrAw fLLIAY a cClt i r�A"VtM CNNCTl1 COCI.P&M &AAT A IL[wNSOM AALla w. COCAA. OL 44wYM N. �AMWr AA+ r casTllN I &.meow s. LOu.NST 4NAr .I Ist1r.AT1 raw 3LAM aI%.QUa.Isr • 4AleNMe U. ra1c1Mlw ewuat e. YACOOMpu4M ascwr r_ UNG i AOacttT A. rAcm& eauc A. GANOl s" ■cett10 .1. "OVINsj•rwAGA *CAClITA GAAC11 • �00. O.'MAicA .CrAAe O. GAAstTT SPAN .A'I.AViet_ r1• - ' AIAN . :1R .. • .ONM ?I 04crza:A . Lfrr.y CILGCRT• LGWs A:-ONfRLLr-.A• inucc n GI:Lf •6vft Z46=A 11 YONALts ICw.AO . :..Nsra .'ANtT U O IqwfeM :A...cacc eaaors■• :•ww. r • ol.lcwcw la•A.. 6 CJLO ksaecr► • 'OwANO 3 *CVC.I C. '.Z.JMA•t :Coale" O41110Crl■• �1-CYC•• + :.'.►IIZM.fw TTcVAr•♦ aawoO . ACP" -1, CG.Lt.STCIA ■Ael■AA,L A ►ASTCANACA I � I I 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 'I) , we ,000 a and .OwOt J• ►tics .LAN J. OCALMAM MY"" 0. 1tTCwstN ALe[wT O. oucNTCL BOLL AC1NsTc1M ..AAA .1. ACIs"AN LNI$ OWN COMAAO L. AISTAINOb LAYwA T0.1Aa w11 CING AtNNSTM e. AOGINSON AAOW" A. AOOa/4uCZ A&." M. woLNlea .IAA1/1N 1. AOSACM wICNAAO A. AOsttt/eAA/FI a. AAUL S. easNatao •i ONAL.e M. AOsN4AATCN OAVIO L. A01e 4AW A. SAwI •.AAA A'CONANO Curmae A. scML1LIAAM ,.ONN a. SCt1rAATc Moog" A. a," — a. IaAA�1NIL A. s11.Vt[wYAN TaIeNA e. e1NeLtw W► 1TAT I■ slNOtw A+ A. 4Asloe" I.p.LL V a. 1AONIt /C L.ANAA A OTCO1At«BON .601L I.. STOCXCA AAgX&NOCA 1. rACNMts AeT O[AT N w►umo eM►M ♦, wA►iN rr .cwsT wtITWOAN •.OwAltesr Irw.+A■cw �lAAOLO A N,SM - ■OtwT 'IYOTMT O. M/OLt! SMCILA wgLJSON C M M •AAwA•sO. or COI.I..t. :AC &OV M wOLir 104VI.sq June 12, uildinq I � i 81 OUENTtL. P.A. i H/AYI arT+Tf:s I Ilil ewlCXCLL AvikUC � NIAAaI. rLOw10A �313t rtict►1.ONss I.IAY1 4021 57S•0300 GOOMPAwo 43051 313 • alit I rtLstt 60.31=A i�ICO/NIJC3107!•071-P wqT aAlAt eCACN omat ,401 rowt.,M A 04CC • SUIT! 3a7 'Weill Pat." aCACN. rLOAIOA 33406 (4071 443-40" reLiCo►a14071 da3•!rs 1 awawAAe orr�ec t Sao CAM twQwAAp aauL.cv►AO . I3TA KCOw fair LAUCCROALIL rI.CklOA 43394 . 1 1303) 7ED•Of00 I TtLccow• f 3031 755 - I&" wIhTcw 3 clocc T++o: i I (3 � sins :r CPLTOQbtB 3 T wlAw ortact ' i I I 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 i�