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Home My WebLink AboutR-87-0220J-87-172 2/17/87 RESOLUTION 87-- 22e.+ A RESOLUTION AMENDING THE 1221 BRICKELL PROJECT DEVELOPMENT ORDER (RESOLUTION A4-589, MAY 24, 1984), AND MAJOR USE SPECIAL PERMIT (RESOLUTION 84-723, JUNE 28, 1984) A DEVELOPMENT OF REGIONAL IMPACT, LOCATED AT 1221 BRICKELL AVENUE BY AUTHORIZING AN INCREASE IN RETAIL SPACE FROM 6,981 GROSS SQUARE FEET TO 9,481 GROSS SQUARE FEET, THEREBY PROVIDING AN ADDITIONAL 2,500 GROSS SQUARE FEET OF RETAIL AREA; FINDING THAT THE AMENDMENT DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380, FLORIDA STATUTES; AND DIRECTING THE CITY CLERK TO SEND COPIES OF THE HEREIN RESOLUTION TO SPECIFIED AFFECTED AGENCIES AND INDIVIDUALS. WHEREAS, the City Commission issued a Development Order for the 1221 Brickell project by Resolution 84-589 (May 24, 1984), and a Major Use Special Permit by Resolution 84-723 (June 28, 1984); and WHEREAS, the herein increase in retail space for the subject project represents an increase of only 2,500 gross square footage of space; and WHEREAS, evaluation by staff, and consideration by the City Commission, indicates that the herein amendments will not create a reasonable likelihood of additional adverse regional impact, and WHEREAS, the City Commission has considered the studies and findings by consultants that indicate that the changes will generate 11 external AM trips and 26 external PM trips which are equivalent to less than a 3 percent AM increase and a 6 percent PM increase, which will create no additional adverse regional traffic impacts; and WHEREAS, the City Commission considers that the addition of 2,500 gross square feet of retail area would be advantageous to the City of Miami, Metropolitan Dade County and the State of Florida; and WHEREAS, the Miami Planning Advisory Board, at its meeting of February 18, 1987, following an advertised hearing, adopted Resolution PAB 18-87 , by a 9 to 0 vote, RECOMMENDING APPROVAL of modifying the subject Development Order and Major Use Special Permit, as set out below; and WHEREAS, the City Commission, after consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami to amend Resolution No. 24-589 and Resolution No. 84-723, as set out herein; CITY COMMISSION MEETING OF F E B 26 1987 No. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, Section 1. The City Commission, following an advertised public hearing at which interested parties were given the opportunity to be heard, hereby finds that the following amendments to Exhibit "A" of the 1221 Brickell Development Order (Resolution 84-589, May 24, 1984) and Major Use Special Permit (Resolution 84-723, June 28, 1984) do not constitute a substantial deviation as described under Chapter 380.0609) of the Florida Statutes (1986). Section 2. The Development Order (Resolution 84-589, May 24, 1984), and the Major Use Special Permit (Resolution No. 84-723, June 28, 1984) issued by the City of Miami Commission, approving with modifications, a Development of Regional Impact located at 1221 Brickell Avenue, is hereby amended in the following particulars:l/ "Exhibit "A" Finding of Fact With Modifications nullel r% n"CLIT 1. The development is limited to 792,465 square feet of floor area, comprised of the following elements as specified by the applicant in the Application for Development Approval. 1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks Indicate omitted and unchanged material. -2- 87-22e Gross Building Element Area (site) Office Tower (26 stories) --Offices (25 stories) --Retail (1st floor) --Restaurant --loading Dock Tower Subtotal Parking Garage Total 409,694 001 9,4 81 3,000 4,241 426,416 366,049 792,465 Spaces 830 This project proposed a landscaped plaza of at least 12,343 square feet in area at ground level; the height of the office tower proposed is an average of 337 feet above street level (Brickell Avenue) as described in Elevation Sheet A 6.04, dated September 30, 1983. The project is further limited by applicable provisions and procedures of City of Miami Zoning Ordinance 9500, as follows: Per Sections 1540, 1552,3.1, and Section 1550 Brickell-Pliami River Residential Office District, zoning Ordinance 9500, the Urban Development Review Board, on March 21, 1.9R4, approved the project, per conceptual plan and design schematic plans on file dated September 30, 1983, with further revisions dated 10/11/83, and 1/26/84, with the following parameters for the site under development, bounded by Brickell Avenue, SE 12th Terrace and SE 12th Street. Element Office Tower (26 stories) Retail (1st floor) Restaurant Tower Subtotal Plaza (ground level) Parking Garage ( stories) Open Space Pedestrian Open Space Height of Office Tower Height of Parking Garage Floor Area (sq.ft.) 409,694 6,-981< 9,481 3,000 422,175 Floor Area Ratio 3.43 0-45. 0.08 0.02 3.52 23,500 sq.ft. 830 spaces 12,343 sq.ft. 68,681 sq.ft. 365 ft. elevation above grade 64 ft. elevation above grade The project, as defined immediately above, meets the requirements of Zoning Ordinance 9500 pertaining to the issuance of a Class C Special Permit as required by Section 1552 of the Zoning Ordinance. 23. The effectiveness of the Development Order shall be stayed and no development permits thereunder shall be granted until such time as an Amended ADA, providing updated information, is submitted to the Council, -3- 8'7-2201. t County, and State and an Amended Development Order issued, if the following activities are not substantially completed within two (2) years from the effective date of the Development Order: * Construct, or provide the funds, bonds, or letters of credit for recommended surface street improvements required by Items 4 and 5 herein; * Dedicate right-of-way for the alignment of S.E. 12th Terrrace with S.E. 13th Street at Brickell Avenue pursuant to Item 4; and * Obtain all required permits for the project as permitted under the original Development Order, Resolution No. 84-599, and Major Use Special Permit, Kesolution 84-/zj. Should the Development Order be stayed pursuant to this condition, nothing herein shall be construed to limit Item 24 below that this Development Order runs with the land and its terms and conditions are binding on the Applicant, its successors, and/or assigns. 23a. Physical development of the mezzanine shall be commenced within two (2) years from the effective a e of the Amended Developmentr er an amended ajor Use Special Permitand develowentshall ermina a within * rour m years rrom the eftective date of the Amended Development Order * * Section 3. The herein amendment and the herein deletion, either separately or combined, are hereby determined to be changes which are not a substantial deviation from the terms and conditions of the May 24, 1984, Development Order and the June 28, 1984, Major Use Special Permit; said changes being hereby found as necessary or helpful for effective monitoring and enforcement of the said Development Order. Section 4. The City Clerk is hereby authorized and directed to immediately send certified copies of this resolution to: The Florida Department of Veteran and Community Affairs, division of Local Resource i Management, 2571 Executive Center Circle East, Tallahassee, Florida, 32301; the South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021; and Sheila Wolfson c/o Greenberg Traurig Askew Hoffman Lipoff Rosen and Quentel, 1401 Brickell Avenue, Miami, Florida 33131. PASSED AND ADOPTED this 26 th day of g 1 ATTEST : -- MA PREPARED AND APPROVED BY: A o-e-jr �� A, Z!� enEU E. MAXWELL S STANT CITY ATTORNEY -4- APPROVED/A "O FORM AND CORRECTNESS: LUCIA A. DOUGHERT CITY ATTORNEY 87-22®1 MATTY HIRAI CITY CLERK of 'M amAt , P O 6Ox 330706 MIAMI. FLORIDA 33233-0708 305-579-6065 March 6, 1987 Ms. Ane Deister Interim Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 RE: 1221 BRICKELL PROJECT Dear Ms. Deister: Enclosed herein please find a copy of Resolution No. 87-220, passed and adopted by the City of Miami Commission at its meeting held on February 26, 1987, which is self explanatory. On behalf of the City of Miami, thank you for your attention. Ver truly yours. M tty Hirai City Clerk MH: sl ENC: als Chi# of �4 t�nti MATTY HIRAI CITY CLERK Ms. Sheila Wolfson C:0 Greenberg Traurig Askew Hoffman Lipoff Rosen and Quentel Penthouse One 1401 Brickell Avenue Miami, Florida 33131 p.0 BOX 330706 MIAMI. rLOPIDA 33233-0708 305-579-6065 March 6. 1987 RE: 1221 BRICKELL PROJECT Dear Ms. Wolfson: Enclosed herein please find a copy of Resolution No. 87-220, passed and adopted by the City of Miami Commission at its meeting held on February 26, 1987, which is self explanatory. On behalf of the City of Miami, thank you for your attention. Meryl truly yours, Metty Hirai City Clerk MH:sl ENC: a/s ' r � 41'tLl of Atum *1 MATTY HIRAI CITY CLERK tr.' . P O BOX 330708 MIAMI, FLORIDA 33233-0708 305-579-60155 March 6, 1987 Mr. Tom Lewis Secretary Florida Department of Veteran and Community Affairs Division of Resource Planning and Management 2571 Executive Center Circle East Tallahassee, Florida 32301 RE: 1221 BRICKELL PROJECT Dear Mr. Lewis: Enclosed herein please find a copy of Resolution No. 87-220, passed and adopted by the City of Miami Commission at its meeting held on February 26, 1987, which is self explanatory. On behalf of the City of Miami, thank you for your attention. Ve;."y truly yours, I ,C,LQ,✓ atty Hirai City Clerk MH:sl ENC: a/s 77--ol on o PZ• 2 PLANNING FACT SHEET APPLICANT Ameriswiss Associates January 26, 1987 PETITION 4. APPROXIMATELY 1221 Brickell Avenue All of B-L-K Subdivision PB 117-70 P.R.O.C. Consideration of a finding of no substantial deviation and amending Exhibit "A" Findings of Fact, Condition 1, pertaining to additional mezzanine spaces, amending Condition 23 and adding new Condition 23a pertaining to mezzanine completion, of the Development Order (Resolution 84-589, May 24, 1984) and Major Use Special Permit (Resolution 84-723, June 29, 1984) for the 1221 Brickell Project; a Oevelopment of Regional Impact; located at 1221 Brickell Avenue, as proposed by the applicant Awriswiss Associates. REQUEST To amend the 1221 Brickell Development Order and Major Use Special Permit to permit an increase of 2,500 gross square feet of retail uses from 6,981 gross square feet to 9,481 gross square feet, and to find that this change does not constitute a substantial deviation. BACKGROUND The 1221 Brickell Development Order (Resolution 84-589, May 24, 1984) and Major Use Special Permit (Resolution No. 84-723, June 28, 1984), permitted a maximum of 6,981 gross square feet of retail uses in accordance with site plans submitted at that time. The applicant now finds that the bank -tenant for the main floor requires additional office space in the form of a mezzanine. As constructed the first floor is 27 feet high. The proposed mezzanine would be constructed at the 11 foot level and occupy approximately half of the space between the first floor and the 27 foot calling. The mezzanine would be for the exclusive use of the first floor bank. ANALYSIS The proposed mezzahine will not affect the existing site plan or structure. The applicant indicates that there will be an increase of approximately 4 persons who would use the proposed mezzanine. PA8 2/18/87 Item 44 Page 1 87-220, 4 4 RECOMMENDATIONS PLANNING DEPT. PLANNING ADVISORY BOARD An additional traffic study has been prepared by David P1umer and Associates, Inc. dat*d January 28, 1987, to determine any possible traffic impacts that might be generated by the proposed mezzanine. No degradation of the, level of service for the movement of traffic on all adjacent streets is projected. Also, no roadway improvements would be required. Approval of the proposed amendment and a finding of no substantial deviation. The recommendation of the Planning Advisory Board will be presented at the City Commission meeting. PAB 2/18/87 I tam 04 Page 2 Cz 87-22G I 4A k �Q `w SF)rvw� 3 w° 24 1 rt a S • p2 J $ 2 r J a F?filyq s SSA fr. / - y QA "I"IIIRF e 100 1 s ~ II ORrE I RppE MU lZ q SClg r S /ES •trl. Csti v v Poo •trr w i � � -- :..' L 4'� .'shy., s •. so 4 t� �F� ti 1 M s.E 3 8 0 /,CoR f rJ � ac r2 rr ,9' ,t �TRqcrgCE A0 Z4 9 •�, asarada, _ 4 Co a JO o ~ t +J %Q * 3Q45 Jr ■ 3 10 t 2 r 2 FAB February 13, 1937 AS-37 a lr : �y r�e^� ? 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E _E.E• S+-Ao' - S.NGEa OS:Aa 3 =9 . -.AaO A .AwaENCE 9 _E. • - ,.p+•-• A S..-- A.IEa' A :t CAS- __O %=O. % - a.rr =A, O a SCr'VCSS A -AN - = -C%= :Aa_=S r „•_v E- _A-aA a STEa-ENSON C-AO_ES A EC- -= __AN 0 _..i_M E- SA --_EL S-S- GAa. v COS-E.N _ aECaO A -AD- N GAN' a T, N O AN{ 3 reDOAaO -A• A vAa-_S a09Eo' - +aA,o.p aClEO- - ra EOvAN .CE- = -ASEa MAa.ANNE A vOS -A.M& A GANv E•-1 A-- _EE v:G'NNESS CAv O - AEA S a.C-Aso 3AooC'+ __-N --CIZSEa -EOA060 A A.S- 6a AN C.AA+ A_ C,A v vpaA.ES vC'-• 0 .v0-re 9a-CE - - _CS -_E N AN• -ON• _ C OCNNE6- .a S-E-6A AO�rSON ,AAaENCE GCC_rS- __.C- =_0E-Orr Mr. Sergio Rodriguez City of Miami Planning Department 275 N.W. 2nd Street Miami, Florida 33128 Cr ::_•.3 E_ M AN' :rr :E 9a C-C__=C%CC-a5 Ap 90{-E._ A.C%_E M AM' r-== =A 33 3' -E.Ea-ONES v •Mi 3=5 5-s ��-_ sncwAa: 3=5 523 9 -E.E• 9C 3 _-• E-E:-a- 3C5 °-? ::-'3_-- AES- 0A_M 9EAC- _rr -- OO A S'aAt..AN S. 'E 2: AES' CALM 9EAC•- 334:6 305' 683 36 60OWA00 Orr CC S. 'E 65C CAS' 9aOAAOC 9C__E'.AD= rC4' _A,3EaOAL.E.r_CO CA 333C 3C5 '55 =S:v -E-ECCa- 3J5 -65- - Aa.-Ea S C ME: = 579-0581 December 17, 1986 Re: 1221 Brickell Avenue Proiect Dear Mr. Rodriguez: PEASE AErLr TO. MIAMC OrriCE V This letter is to request a modification of the Major Use Special Permit for the above project that was authorized by Resolution No. 84-723, a copy of which is attached hereto as Exhibit A. Also enclosed is a notification of a proposed change to a previously approved development of regional impact (DRI) which requires a City of Miami substantial deviation determination. ' The applicant is requesting a modification of the Major Use Special Permit and previously approved DRI to accommodate the addition of a 2,000 square foot mezzanine area within the exist- ing office tower. This mezzanine will be located within the 27 foot high first floor area of the office tower, approximately 11 feet above the floor. The mezzanine will be for_ use by the bank tenant whose- offices are located on the first floor. r VI 8'7-220.. 0 T:: Mr. Sergio Rodriguez December 17, 1986 '2 24 Page 2 This minor addition represents an increase of only 2,000 square feet of additional retail space in the originally approved 789,965 square foot development consisting of offices, retail space and a parking garage and does not exceed the substantial deviation criteria set forth in Section 380.06, Florida Statutes. We respectfully request your favorable consideration of this application. Very truly yours, L� Sheila Wolfson Attorney for Applicant SW:bg Enclosures cc: John Lefley, City of Miami Planning Department GREENBERG. TRAURIG. ASKEW, HOFFMAN, UPOFF, ROSEN & OUENTEL. P. A. 6 87-220 I 1 CITY OF MIAMI PLANNING AND ZONING BOARDS ADMINISTRATION DEPARTMENT 275 NW 2 STREET MIAMI, FLORIDA 33128 AMENDED APPLICATION TO AMEND DEVELOPMENT ORDER Section 2806 of Zoning Ordinance 9500, changes in approved Major Use Special Permit, reads as Follows: Form A00-1 i Changes in an approved final application for major use special permit, or final application approved with attached modifications, conditions, or safeguards, may be permitted after application to the director of the Department of Planning by the original applicant or successors in interest. Upon receipt of such an application for change, the director of the Department of Planning shall prepare a statement demonstrating whether or not such changes would meet the same requirements as for the original approval. The director shall transmit such statement, together with recommen- dations on the proposed changes, to the City Commission. The Commission may take such action as in appropriate in the matter; provided, if the Commission has not acted after two (2) regular meetings of the Commission have been held following receipt of application for change, the recommendations of the director of Planning shall be deemed to have been approved. Where requests for changes are made that are found not to be within the requirements for original approval, application for such changes shall be made as for an original application for major land use special permit. REQUIREMENTS: 1. Current survey of the propertys sketches and/or plans as required. 2. Affidavit as to current ownership of the property and application, as well as Disclosure of Ownership form. 3. Certified list of owners of real estate within 3751 radius from the outside boundaries of the subject parcel. 4. Fee of 300.00 to apply toward cost of processing. Page 1 of 2 '*7 s7-zza DATE 01/26/87 The under si ned, bein the owner or the attorn 9 9 Qaapc�eE�ee' ottM of the owner, of the property located at 1221 Brickell Avenue, Miami, Florida. AND MORE PARTICULARLY DESCRIBED AS: All Of-19-L-K SUISVIVILS ON, according to the plat thereof, as recorded in Plat Records 117 at Page 70 of the Public Records of Dade County, Florida. ega escrip on do(es) respectfully request the approval of the City of Miami for the following amendment(s) to the Development Order for the above -described property as defined by Florida Statute 380.06: See attached for changes. SIGNATURi_&&,& NAME Sheila Wolfson, Esq. Greenberg, Traurig, et al. ADDRESS 1401 Brickell Avg use CITY, STATE, ZIP Miami, Florida 33131 This application is — - approved denied in accord with City Commission on Resolution Mo. other Form A00-1 Page 2 of 2 9 87-2X 1 AFFIDAVIT STATE OF FIB DA) / r �r' "3 �+' 1 -51 SS. COUMTY OF DADE ) Before me, the undersigned authority, this day personally appeared Sheila" Wolfson who being by rre first duly sworn. upon oath, deposes and says: 1. Thatshe is the mm=xm the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance No. 9500 of the Code of the City of Miami, Florida, effecting the real property located in the City of Miami as described and Listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the change. ,)r modification of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone nurbers and legal descriptions for the real property which ne is the owner or legal representative. 4. The facts -as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Sworn to and Subscribed before me this , day of 9 e /�, e%i�CIrele_ c, L ZLd-' d' x / Notary Public, State of Florida at Large P/ rixrmi3sion Expires: NOTARY PUBLIC STATE OF FLOITOA NY COMMISSION EXP, 40G 25."43 BONDED INAY .*E%EFAL INS. '140, .'" `.ion-f SEAL ) (Namel Sheivia Wolfson 9 87-22U 4 4 OWNER'S LIST Owner's .Jame Ameriswiss Joint Venture c/o Sheila Wolfson, Esq. mailing Address 1401 Brickell Avenue, Miami, Florida 33131 Telephone Numbers 57_9_-0581 Legal Description: All of B-L-K SUBDIVISION, according to the plat thereof, as recorded in ?lat Records 117 at Page 70 of the Public Records of Dade County, Florida. Owner's !vane Nailing Address_ Telephone Number_ Legal Description: Owner's Name Mailing Address Telephone Number _ Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: N/A Street Address Street Address Street Address Legal Description Legal Description Legal Description /o 8'7-220 DISCLCSURE OF CUNEMHIP 6? FF- r-3 F;') -51 1. Legal description and street address of subject real property: All of the B-L-K SUBDIVISION, according to the plat thereof, as recorded in Plat Records 117 at =age 70 of the Puulic Records of Dade County, Florida. 1221 Brickell Avenue, Miami, Florida. 2. Owner(s) of subject real property and percentage of ownertship. Note: City of Miami Ordinance tio. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Co=ission. Accordingly, question #2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Amerisaiss Joint Venture, a Florida general partnership comprised of: Adler =ric;tell Associates, a Florida coneral partnership holding 87171 interest, c181 Q.K. 14th Street, Florida and Lasowsky Investments, Limited, a Florida iimitci partnership holding 126 interest, 240 Maple Street, Lngiewood, New Jersey 07631. 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. N/A. 0, '0S.- J ATTORNEY FOR O4r'NEF: STATE OF FLDRIDA ) SS: CO(Tury OF DADS ) Sheila Wolfson being duly sworn, deposes and says thatsne is the (Owner) (Attorney or Owner) of the real property described in answer to question #1, above; thats he has read the foregoing answers and that &.e sale are true and complete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. SwOM 70 Ate before me this 7-n,19 day of ( 9 MY CO ZISSION E0114ES: W (SEAL) (Name) ei a Wolfson Nctary Public, State o Florida at Large fovwri 87-220, 4 .4 STA"": OP rt tea MA I cR C=%TY OF DADE Sheila Wolfson , being duly swum, deposes ami says thatshe is the 3uly appo nteo Attorne of Aneris ssociates the owner of the real property descry in answer t.o `question .T, aoove; that he has read the foregoing answers; that the same ara true and com- plete; and that he has the authority to execute this Disclosure of Owner- ship fore on behalf bf the owner. SMIN TO AM SUBSCMEM before ipa, this day of I.r�/'77 96 "1��'� r.. Notary PuD lc, State oL Florida at Large MY COFMISSICN, EXPIRES: G%M/wpc/ab/G25 /OZ 6. 8'7-220 i rkh-3 60-552 STATE OF FLORIDA SRM-08-86 DEPARTMENT OF COMIMNITY AFFAIRS DIVISION OF RESOURCE PLANNING a►1►'D MANAGEMENT BUREAU OF RESOURCE r.A2yAGEMENT 2571 Executive Center Circle, East Tallahassee, Florida 32301-8246 (904) 488•492S A ,1END ED NOTIFICATION OF A PROPOSED CRA::GE TO A PAr770DSLYJAPPROVE0 DEVELOPMENT OF REGIONAL IMPACT (DRI) 1•' SUBSECTION 380.06 (19), FLORIDA STATUTES Subsection 380.06 (19), Florida Statutes (1985), reouites that submittal of a proposed change to•a previously approved DRI be made to the local government, the regional planning council, and the state land planning agency according to this form. Sheila Wolfson, attorney for 1. 2, Esq . , the 1 gftxp# QFR�xA�I! �fX Arneriswiss Associates , (developer) hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance vitb Subsection 380.06 (19), Florida Statutes (1985). In support thereof, I submit the following information concerning the 1221 Brickell Avenue (original a current project names) development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to City of Miami , �j�locAJ government) to the South on a Regional Planning Council, and to the Bureau of Resource Management, Department of Community Affairs. % 01/28/87 (Date) (Signet wie) 2. Applicant (name, address, phone). 3. Authorized Agent (name, address, phone). 4. Location (City, County, Township/Range/Section) of approved DRI and proposed change. 13 87-220 AMENDED NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI), SUBSECTION 380.06(19), FLORIDA STATUTES 2. Applicant: Ameriswiss Associates 8181 N.W. 14th Street Miami, Florida 33136 3. Authorized Agent: Anthony J. Burke 8181 N.W. 14th Street Miami, Florida 33136 (305) 592-9583 4. Location: Miami, Dade County Township 54, Range 41 Section 12 5. Previous changes made to plan of development: No changes have been made to this development since the DRI first received approval. (a) No requests for substantial deviation determinations have been filed since the original DRI approval. (b) Resolution No. 84-723, City of Miami, is attached as Exhibit "A". 6. Description of proposed changes to project master site plan map: The proposed change will not affect the master site plan map because it is merely an addition of a mezzanine floor within the existing office building. The office tower as constructed has a 27 foot high first floor. The applicant proposes to add a mezzanine area to the first floor of approximately 2,500 square feet at a level 11 feet above the floor, thus dividing in half part of the area between the first floor and its ceiling. This mezzanine is for use by the bank tenant whose offices are located on the first floor. 87-224 0 S 3B!q rMdM%L EMMONa9M Type of Land Use Change Category Last Approved Number Proppsed Number Wholesale, retail Floor space 6,981 9,481 or service Parking spaces No change Employees 24 28 Site locational None changes External vehicle 413 a.m. and 424 a.m. and trips 402 p.m. peak 428 p.m. peak hour vehicle trips hour vehicle 3,096 daily trips trips (Exhibit 8 attached) 7. There has been no change in local government jurisdiction for any portion of the development since the last approval or development order was issued. 8. There has been no land purchased or optioned within one mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. 9. The proposed change is consistent with the state compre- hensive plan for the area and the adopted local compre- hensive plan. 10. There is no change to the master site plan. 11. (d) Proposed Development Order Changes FROM: FINDING OF FACT WITH MODIFICATIONS Development 1. The development proposed 789,965 square feet of floor area, comprised of the following elements, as specified by the applicant in the Application for Development Approval. - 2 - It Element Office Tower (26 stories) --Offices (25 stories) --Retail (1st floor) --Restaurant --Loading Dock Tower Subtotal Gross Building Area (site) 409,694 6,981 3,000 4,241 423,916 Parking Garage 366,049 Total 789,965 This project proposed a landscaped plaza of at square feet in area at ground level; the height tower_ proposed is an average of 337 feet above (Brickell Avenue) as described in Elevation Sheet September 30, 1983. Spaces 830 least 12,343 of the office street level A 6.04, dated The project is further limited by applicable provisions and procedures of City of Miami Zoning Ordinance 9500, as follows: Per Sections 1540, 1552.3.1, and Section 1550 Brickell- Miami River Residential Office District, Zoning Ordinance 9500, the Urban Development Review Board, on March 21, 1984, approved the project, per conceptual plan and design schematic plans on file dated September 30, 1983 with further revisions dated 10/11/83, and 1/26/84, with the following parameters for the site under development, bounded by Brickell Avenue, SE 12th Terrace and SE 12th Street. Element Office Tower Retail Restaurant Total (26 stories) Floor Area (sq. ft.) 409,694 6,981 3,000 419,675 Floor Area Ratio 3.43 0.05 0.02 3.50 Plaza (ground level) 23,500 sq. ft. Parking Garage ( stories) 830 spaces Open Space 12,343 sq. ft. Pedestrian Open Space 68,681 sq. ft. Height of Office Tower 365 ft. elevation above grade Height of Parking Garage 64 ft. elevation above grade The project, as defined immediately above, meets the requirements of Zoning Ordinance 9500 pertaining to the issuance of a Class C Special Permit as required by Section 1552- of the Zoning Ordinance. - 3 - /6 Q I "" 220, It I TO: FINDING OF FACT WITH MODIFICATIONS* Development 1. The development proposed 791,965 square feet of floor area, comprised of the following elements as specified by the applicant in the Application for Development Approval. Gross Building Element Area (site) Spaces Office Tower (26 stores) --Offices (25 stories) --Retail (1st floor and mezzanine) --Restaurant --Loading Dock Tower Subtotal Parking Garage Total 409,694 9,481 .3,000 4,241 426,416 366,049 830 792,465 This project proposed a landscaped plaza of at least 12,343 square feet in area ,at ground level; the height of the office tower proposed is an average of 337 feet above street level (Brickell Avenue) as described in Elevation Sheet A 6.04, dated September 30, 1983. The project is further limited by applicable provisions and procedures of City of Miami Zoning Ordinance 9500, as follows: Per Sections 1540, 1552.3.1, and Section 1550 Brickell- Miami River Residential Office District, Zoning Ordinance 9500, the Urban Development Review Board, on March 21, 1984, approved the project, per conceptual plan and design schematic plans on file dated September 30, 1983 with further revisions dated 10/11/83, and 1/26/84, with the following parameters for the site under• development, bounded by Brickell Avenue, SE 12th Terrace and SE 12th Street. * New figures are in bold. - 4 - /7 87-22Q It Office Tower (26 stories) Retail Restaurant Total Plaza (ground level) Parking Garage ( stories) Open Space Pedestrian Open Space Height of Office Tower Height of Parking Garage Floor Area (sq.-ft.) 409,694 9,481 3,000 422,175 Floor Area Ratio 3.43 .07 0.02 3.52 23,500 sq. ft. 830 spaces 12,343 sq. ft. 68,681 sq. ft. 365 ft. elevation above grade 64 ft. elevation above grade The project, as defined immediately above, meets the requirements of Zoning Ordinance 9500 pertaining to the issuance of a Class C Special Permit as required by Section 1552 of the Zoning Ordinance. - FROM: 23. The effectiveness of the Development Order shall be stayed and no development permits thereunder shall be granted, until such time as an Amended ADA, providing updated infor- mation, is submitted to the Council, County, and State and an Amended Development Order issued, if the following activities are not substantially completed within two (2) years from the effective date of the Development Order: * Construct, or provide the funds, bonds, or letters of credit for recommended surface street improvements required by Items 4 and 5 herein; * Dedicate right-of-way for the alignment of S.E. 12th Terrace with S.E. 13th Street at Brickell Avenue pursuant to Item 4; and * Obtain all required permits. Should the Development Order be stayed pursuant to this condition, nothing herein shall be construed to limit Item 24 below that this Development Order runs with the land and its terms and conditions are binding on the Applicant, its successors, and/or assigns. - 5 - 87- 220 I It TO•* 23. The effectiveness of the Development Order shall be stayed and no development permits thereunder shall be granted, until such time as an Amended ADA, providing updated infor- mation, is submitted to the Council, County, and State and an Amended Development Order issued, if the following activities are not substantially completed within two (2) years from the effective date of the Development Order: * Construct, or provide the funds, bonds, or letters of credit for recommended surface street improvements required by Items 4 and 5 herein; * Dedicate right-of-way for the alignment of S.E. 12th Terrace with S.E. 13th Street at Brickell Avenue pursuant to Item 4; and * Obtain all required permits Should the Development Order be stayed pursuant to this condition, nothing herein shall be construed to limit Item 24 below that this Development Order runs with the land and its terms and conditions are binding on the Applicant, its successors, and/or assigns. • 23a. Physical development of the mezzanine shall be commenced within two (2) years from the effective date of the Amended Development Order and development shall terminate within four (4) Years from the effective date of the Amended Development Order. SUBSTANTIAL DEVIATION DETERMINATION The proposed change to the previously approved DRI does not meet or exceed the Section 380.06(19)(b)(10) substantial deviation criteria of an increase of 6 acres of land area, or of 50,000 square feet of gross floor area or of parking spaces provided for customers for 300 cars or 5-percent, whichever is greater. The proposed increase of only 2,500 square feet is far below the square footage criterion and there will be no acreage or parking space increase. * New language is underscored. n --- -- RESJLUTION NO. -84— 23 A Pr50LUar:ON ISSUING A MAJOR USE SPECIAL PZr.Mll , ATTACHED HERETO AS EXHIBIT "A" AND 11;:;.�F:=A.E% E7 PEF'ERE%CE A i F W17H C:N:17l0NS, 7)2f 1221 t-PICKELL AVENUE PROJECT, FnOFOSi:. Ey TriE A'?cR'SN:SS ASSOCIATES, FOR !221 F-L:.-Y.ELL A%.' 1E; � IvAKING FINDINGS; FFDVICING FC? ISSUANCE CF CLASS C SPECIAL FEhr::S, AND ?F:V1WN- THAT TtiE PERMIT SHALL P: 6�irDI>v' ON THE I TPLICANI AND SUCCESSOPS IN INTERE57. WHEREAS, it is the intent that the Major Use Special Permit shall be the instrument for implementing by one action, authorized for issuance by the City Commission, all changes in the adopted Cor..prehen3ive Plan, zoning district classifications, other zoning actions or other City ordinances that would otherwise' be necessary to the accomplishment of the objectives sought in the application for Major Use Special Permit; and WHEREAS, Ar.er13Wi33 Associates has submitted an Application for a Major Use Special Permit per Article 28: Major Use Special Perrr.its: Detailed Requirements of Zoning Ordinance 9500, for the 1221 Brickell Avenue Project; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on May 169 19849 by a 6 to 0 vote, reviewed the preliminary application and recomcended that the Applicant be permitted to file a Final Application; and WHEREAS, the Miami City Commission at its meeting meld on June 149 1984, after reviewing the preliminary application, adopted Resolution 84-419 permitting the Applicant to file a Final Application; and established June 28, 1984, as the public hearing date for consideration of the Final Application; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 20, 1984, following an advertised public hearing adopted Resolution No. PAB 50-E4 by a 6 to 1 vote, recommending approval of a Major Use Special Permit for the project; and WHEREAS, the City Commission has conducted a public hearing, having considered the Application for Major Use Special Permit; and CITY COI::I►ZISSION JUN 28 1984 I E/22/c4 FES%UTI ON NO. -f 44M"72v3 A PrSGi.L'T:CN ISSUIN0i A MAJOR USE SFEC:AL Pzr.!!IT, ATTACHED HERETO AS EXHIB*T "A" AhD I p"s.;:E- Ey FEFEFMCE ATFF.:1'I►t:0 WITH IC C:'COI?ICNS, ?3?f 1221 FPKELL AVENUE PRWJECI, FnOFOSiD EY THt ASSOCIATES, FOR 122I EF::Y.ELL AV'-E-)4;E; � 1K.A!::NG FINDINGS; FFDVIC'INC FC? ISSUANCE CF CLASS C SPECIAL PERM:.S, Attu P�.:VIDING THAT ItiE PERMIT SHALL 2E b:NDIrC ON THE A PLICANT AND SUCCESSOFS IN INTEREST. WHZREAS, it is the intent that the Major Use Special Permit shall be the instrument for implementing by one action, authorized for issuance by the City COrt;mis310n, all changes in the adopted Cor..prehen31ve Plan, zoning district classifications, other zoning actions or other City ordinances that would otherwise' be necessary to the accomplishment of the objectives sought in the application for Major Use Special Permit; and WHEREAS, Ar.er13Wi33 Associates has submitted an Application for a Major Use Special Permit per Article 28: Major Use Special Perrr.its: Detailed Requirements of Zoning Ordinance 9500, for the 1221 Brickell Avenue Project; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on May 16, 1984, by a 6 to 0 vote, reviewed the preliminary application and recomcended that the Applicant be permitted to file a Final Application; and WHEREAS, the Miami City Commission at its meeting meld on June 14, 1984, after reviewing the preliminary application, adopted Resolution 64-649 permitting the Applicant to file a Final Application; and established June 28, 1984, as the public hearing date for consideration of the Final Application; and W.HEAEAS, the Miami Planning Advisory Board, at its meeting held on June 20, 1984, following an advertised public hearing adopted P.esolution No. FAB 5C-S4 by a 6 to 1 vote, recommending approval of a Major Use Special Permit for the project; and WHEREAS, the City Commission has conducted a public hearing, having considered the Application for Major Use Special Permit; and CITY COI::I►ZISSION JUN 28 1984 V-=FEAS, the City Cor,.MiSsiOni Jr, Resolution 84-58;1 May 24, 1;84, has issued a Development Order, approving, subject to c=r::tio^s, tte 122' f•:cxe:: Prr4ect, a Developnent of Regional Irr;.act, ccr.ti-.pert on the issuance of a Major Use Special Rertr.it; a-d WHEREAS, in Resolution 84-589, the City Cotr,;lission has noted with approval that Amer iswiss Associates has offered to contribute the sum of i259000 to the City's Housing Trust Fund, or to contribute the cost of constructing a tennis court in Moore Park, whichever su,R is greater; and hEREnS, the City Commission deems it advisable and in the best interests of the general welfare of the City of Miami 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: FIK:.iKuS OF FACT Section 1. The following findings of fact are made with respect to the project: a. The Commission has determined that the project is in conformity with the adopted Miami Comprehensive Neighborhood Plan. b. The COM.r.ission has determined that the project is in accord with the district zoning classification .of Zoning Cr.1:nance 9500. c. The City Commission finds that the project would not create adverse impact on air quality, ground water, soils, animal life, vegetation, wastewater nar.a4ement or solid waste disposal, and Yurther finds that it Would have a r,:jTber of positive impacts including: (1) Over 1,6V2 permanent new jobs would-be generated by the project. Nearly 1,?58 additional full-time jobs would be generated in the four county region, with nearly $31.8 million increase in total wages a2 ' and $40.2 million in value added to the regional 8'7-220 ON (r) A net positive fiscal, impact on all local taxing units. Under the assucrtion that approximately 3Ci cf 'fie 1,EC2 per*a^ent jobs will be new positic^s, the net iistal in;act represents an annual City of Mia=i surplus of fEt_,0'3 and $49i,434 for Dade County, $416,027 for the Dade County School System, and ii9,539 for the South Florida Water Management District and special districts combined, for a cumulative annual regional surplus of $1,597,013. (3) The preparation of a Minority Participation and Esr.rloyment Plan, and a Minority Contractors/Sub— contractors Participation Plan. (4) the quality of stormwater runoff from the site should be substantially improved.by eliminating the surface parking lot. d. The City Comrr,ission finds that the adverse impacts related to water demand, energy demand, solid Waste generation, demands on public services and traffic generation will -be mitigated by the conditions set forth in Exhibit "A". e. The City COIMMiSsion finds that: (1) The project will have a favorable impact on the economy of the City; and (2) The project will efficiently use public transportation facilities; and - (s) The project will favorably. affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) The project bill efficiently use necessary public facilities; and (5) The project will have a favorable impact on the environment and natural resources of the City; and (6) The project will not adversely affect living conditions in the neighborhood; and C21), 87-*220 i (7) T.^.e p-c*e_t wouid not adversely affect F,....ic safety; arz (E; That there is a need for the project. Section 2. A Major Usr Special Permit, attached hereto as Exnibit "A" and trace a Fart hereof by reference, approving with condit!ons, the 1221 Brickell Avenue Project, proposed by A=e-13W133 Associates for 1221 Brickell Avenue being All of B-L-K S.:tdivision accordlni to the plat, thereof, in Plat Book 117 at Page 70 of the Public Records of Dade County, Florida. Section 3. The Major Use Special Permit also includes Class C Special Permits, to be issued by the Planning Director per Section 1543 of Section 1540 SPI-4 Brickell Area Major Streets Overlay District and Section 1552.1 of Section 1550 SPI-5 Brickell-Miair.i River Residential -Office District of Zoning Ordinance 9500. Section u. The Major Use Special Permit, as approved, shall be binding upon the applicants and any successors in interest. PASSED ANZ A:OPTED this 28th of June, 1984. Maurice A. Ferro MAURICE A. FERRE9 MAYOR ATTEST: 0 `n 1t, 1 nK PREFARED AND APPEN ED BY: 1S157ANT CITY ATTORNEY APHOVED AS ?D FCRM AKD CCFRECTNESS: Vo / 1 ITY ATTCENEY 3 87-220 Ll EXHIBIT "A" ATTACHMENT TO RESOLUTION MAJOR USE SPECIAL PERMIT Let it be known that the COR.mi33ion of the City of Miami, Florida, has considered in public hearing on June 28, 1984; the issuance of a Major Use Special Permit: Detailed Requirements of Zoning Ordinance 9500, said development to be located in the City of Miami, at approximately 1221 Brickell Avenue, being all of B-L-K SUBDIVISION, according to the plat thereof, as recorded in Plat Records 117 at Page 70 of the Public Records of Dade County, Florida. ALL OF THE FOREGOING SUBJECT TO any dedications, limitations, restrictions, reservations or easement of record. and after due consideration of the recommendations of the Planning Advisory Board takes the following action: Authorization to Issue a Major Use Special Permit subject to the following modifications: FINDING OF FACT WITH MODIFICATIONS Cevelopment 1. The development proposed 789,965 square feet of floor area, comprised of the following elements as specified by the applicant in the Application for Development.Approval. Gross Building Element Area (site) Spaces Office Tower (26 stories) -- Cffices (25 stories) 409,694 -- Retail (13t floor) 6,981 -- Restaurant 3,000 -- Loading Lock 4,241 Tower Subtotal 423v916 Parking Garage 366,049 830 Total 719t965 $'7-22Q -,:s project proposed a landscaped plaza of at least 12,34 sS'Jare feet in area at g-ound level; the height of the office tower proposed is an average of 337 feet above street level (Brickell Avenue) as described in Elevation Sheet A 6.04, dated September 30, 19B3- The project is further limited by applicable provisions and procedures of City of Miami Zoning Ordinance 9500, as follows: Per Sections 1540, 1552.3.1, and Section 1550 Brickell- Miami River Residential Office District, Zoning Ordinance 9500, the Urban Development Review Board, on March 21, 1964, approved the project, per conceptual plan and design schematic plans on file dated September 30, 1983 with further revisions dated 10/11/83, and 1/26/84, with the following parameters for the site under development, bounded by Brickell Avenue, SE 12th Terrace and SE 12th Street. Floor Area Element (sq.ft_ Office Tower (26 stories) 409,694 Retail 61981 Restaurant 3,000 Total 4199675 Plaza (ground level) 23,500 Parking Garage ( stories) 630 Oren Space 12,343 Pedestrian Open Space 68,681 Freight of Office Tower 365 Freight of Parking Garage 64 Floor Area Ratio sq.ft. spaces sq.ft. rq.ft. ft. elevation ft. elevation 3.43 0.05 0.02 77" above grade above grade The p-oject,*as defined immediately above, meets the requirements of Zoning Ordinance 9500 pertaining to the issuance of a Class C Special Permits as required by Sections 1543 and 1552 of the Zoning Ordinance and this Exhibit constitutes the conditions for a Major Use Special Permit per Section 2803 of -the Zoning Ordinance. THE APPLICANT SHALL: 1. Use only native and other non-invasive species taapted to South Florida climatic conditions in project landscaping. 2. Inp.ement best management practices to minimize air F-.11ution to include: Traffic flow improvements pursuant to Condition 7 below; Page 2 of 9 8.1-7 23 c2 S 87-2201 M 11 Provision of mass transit information, such as bus and metrorail schedules and routes, to project tenants and in project common areas; Provision of at least two percent of all parking spaces for car or van pool parking, all to be located within a maximum of eighty feet of the elevator on the third and fourth parking levels, and at a cost no greater than sixty percent of the cost of a standard parking space; Establishment and operation of a van or car pool program in order to encourage ride sharing and make information readily available; Provision of bicycle storege areas in the first level of the parking area. 3. Incorporate the following energy conservation measures into the development: . Individually metered tenant -controlled air conditioning. . Air distribution using a variable air volume system. Minimum use of incandescent lighting, with maximum use of task lighting in work areas. . Centralized energy control system that will provide start/stop optimization, time of day scheduling, electrical demand limiting, night temperature setback/setup, programmed maintenance, and building lighting control. • Computerized elevator control equipment using the Elevonic 401 or equivalent. Non -electrical energy will be used in the project restaurant for heating and cooking, except for microwave use. u. Prior to the issuance of building permits, dedicate, subject to City approval, adequate right-of-way to properly align S.E. 12"h Terrace with S.E. 13th Street at 6rickell Avenue. Within two (2) months of an agreement by FDOT, the County, and the City that both the transportation improvements recc:7.;.ended as a condition for approval of this development order and the publicly programmed transportation improvements assur,.ed in the ADA are compatible with the lone-ranbe improvements recommended by the Council, City, County, and FDOT, design, obtain FDOT, County, and City A b 87-"2 1 2U trprc.vai of, and construct, (or provide a bond or letter of c-edit for $200,000 in 1983 dollars), within an additional six (6) months, the following improvements, as described on pages 50 through 51 of the Council's Impact Assessment: Brickell Avenue/S.E. 12th Terrace/S.E. 13th Street - geometric changes and signal rephasing - $80,000 (1983 dollars). Bric::ell Avenue/S.E. 14th Street - curb reconstruction, striping, signalization - $70,000 (1983 dollars). S.M. 13th Street/S.W. 15th Road/S.W. 3rd Avenue - striping, signalization - $50,000 (1983 dollars). The difference between the $200,000 (1983 dollars) and the Applicant's $100,000 (1963 dollars) fair -share contribution shall be a front-end, short-term loan to the City, repayable under ter,-3 of maturity dates and interest rates jointly ag-eed to by the city and the.Applicant; provided, however, that a) any loan rrust be repaid within five (5) years of the crate of issuance of this Major Use Special Permit; b) the bond or letter of credit shall be reduced b.y an amount equal to the fair -sharp contribution of other developers to these traffic improvements cited above, and c) if not implemented by the City, the letter of credit shall be returned to the aprlicant five (5) years from the date of issuance of this Major Use Special Permit. 5. In the event the transportation improve-ments required pursuant to Item No. '4 above are inconsistent with the transportation improvements recommended in the long-range study, the Applicant will design, and provide cost estimates for improvements cor^patible with the recom:-nended long-range impro•:er-ents, upon the same financial terms and amounts, and shall submit this information to the City, County, FDOT, and the South Florida Regional Planning Council for review prior to amnendment of the Development Order. 6. Develop, within one year of the date of issuance of the development order, s fair share agreement with the City to provide a contribution to support necessary improvements in fire and police service in the area of the project. 7. Construct the building to allow for emergency hovering helicopter evacuation from the roof of the office tower, as sh:wn in pans on file. Further, the applicant shall at any time that a feasible solution is found, provide roof space for a cc.=unications antenna and supporting structure for the city's emergency communication system, said antenna and appurtenances together with necessary services shall be at v�_ V / -220i City of Miami expense. The applicant shall retain the right of architectural approval. E. Collaborate with the City to incorporate security measures and systems into the design and operation of the project; security systems and construction documents to be reviewed by the Miami Police Department (at their option). The applicant shall report within ninety (90) days of the issuance of this Development Order how and to what extent security systems and Measures have been incorporated. 9. Install an air quality monitoring station and conduct air quality monitoring for two weeks, with the monitoring location, parameters, and reporting requirements to be acreed upon by the Applicant, the City, the Council, and the Dade County Department of Environmental Resources Fanagement. 10. Ottain all necessary permits from Dade County Water and Sewer Authority Department provision of water and wastewater services to serve the project. 11. Conform to all requirements of the water service allocation program imposed on construction by tre Dade County Department of Environmental Resources Management, covering a part of the Miami -Cade Water and Sewer Authority service area, including the project site. 12. In the event any potential significant historic or archeological artifacts are uncovered, notify State and local historic preservation officials and delay construction for up. to 3 months, if requested, for survey and excavation of the discovery. 13. Work with the City to prepare a Minority Participation and Erployment Plan to be submitted within ninety (90) days of the issuance of this Development Order. 14. Work with the City to develop a Minority Cor.tractors/Subcontractors Participation Plan to be submitted within ninety (90) days of the issuance of this Development Order. THE: CITY SHALL: 15. Enter into, within one year of the date of issuance of the develo;ment order, a fair -share agreement with the Applicant to contribute to necessary improvements in fire and police service in the area, which contribution shall conform to the criteria currently being developed. 'Z�d S 7-22Ui 16. Ccilatorate with the Applicant to ensure the incorporation of security measures and systems into the design and operation of the project, including adequate allowance for emergency helicopter hovering evacuation from the roof of the office tower. 17. Establish an air quality monitoring program in the Brickell/Omni area requiring monitoring by other developments in order to obtain accurate and reliable baseline data for the entire area, and coordinate and set study parameters for the installation of all monitoring stations designated by this program, in cooperation with the Dade County Department of Environmental Resources Management. 18. Withhold building permits until dedication of adequate ri6ht-of-way for the alignment of S.E. 12th Terrace and S.E. 13th Streets at Brickell Avenue along the south side of S.E. 12th Terrace immediately east of Brickell Avenue. 19. Ensure that the required funds, bond, or letters) of credit have been provided, or Applicant construction of the recor.-ended roadway improvemnents has been completed, within six months of the determination by the City and the South Florida Regional Planning Council that the recommended improvements referenced in Item No. 4 of the South Florida Regional Planning Council DRI Assessment for this project, are compatible with the improvement recommended by the City, County, FDOT, and Council, as part of the long-range transportation study being conducted for the traffic impact area. 20. In the event that the Applicant front -ends funds to the City to construct the recommended roadway improvements according to Item No. 4, secure, from other developments in the Brickell area or from City funds, reimbursement for that portion of the cost determined to be in excess of the. Applicant's fair -share. 21. In the event the transportation improvements required pursuant to Item No. 4 above are inconsistent with the transportation improvements recommended in the long-range study, review the proposed design and cost estirates for co -..;arable improvements compatible with the rPcvmmended icng-range improvements developed by the Applicant: and in consideration of the comments and rbcormendations of the Ccunty, FCOT, and the Council, modify the Development Order to incorporate any changes in the require transportation in;rovements. 8 / `o?20i 22. The Applicant shall subMit a report, twelve (12) months from the date of issuance of this Development Order and each twelve (12) months thereafter until a final Certificate of Occupancy is issued; to the South Florida Planning Council; the State of Florida Department of Community Affairs, Division of Local Resource Management; all affected permitting agencies and the Planning Director. City of kiami Planning ;.epartment. This report shall contain, for the preceding twelve (12) months. A general description of construction progress in terms of c--r,struction dollars and employment compared to the schedule in t;:e applicant's Application for Development Approval. A cumulative list of all permits or approvals applied for, approved or denied. A statement as to whether any proposed project construction changes in the ensuing twelve (12) months a-e expected to deviate substantially from the approvals included in this Development Order. Any additional responses required by rules adopted by the State of Florida Department of Community Affairs. The Planning Director, City of Miami Planning Department, or a project director to be named later, is hereby designated to receive this report, and to monitor and assure compliance with this Development Order, 23. Provide that the effectiveness of the Major Use Special Permit shall be stayed and no development permits thereunder shall be granted, until such time as an Amended ADA, providing updated information, is submitted to the Council,, County, and State and an Amended Major Use Special Permit issued, if the following activities are not substantially cor..;leted within two (2) years from the effective date of the t•;a jor Use Special Permit: Construct, or provide the funds, bonds, or letters of credit for recommended surface street improvements required by Items 4 and 5 herein; Cedicate right-of-way for the alignment of S.E. 12th Terrace with S.E. 13th Street at Brkckell Avenue pursuant to ItErr, 4; and Chain all required permits. Page ? of 9 64-724.0 .30 87-220, Should the Major Use Special Permit be stayed pursuant to this condition, nothing herein shall be construed to limit Item, 24 below that this Major Use Special Permit runs with the land and its terms and conditions are binding on the Applicant, its successors, and/or assigns. 24. The applicant shall record the 1221 Brickell Major Use Special Fernit with the Clerk, Dade County Circuit Court, pursuant to Section 360.06(14)(d), F.S., specifying that the Major Use Special Permit runs with the land and is binding cn the Applicant, its successors, and/or assigns. The Applicant shall give notice to Richard P. Brinker, Clerk, Cade County Circuit Court, 73 West Flagler Street, Miami, Florida, 33130, for recording in the Official Records of Dade County, Florida, as follows: a) That the City Cor::ni33ion of the City of Miami, Florida, has issued a Major Use Special Permit for the 1221 b�i:kell Project, located at approximately 1221 Br-ickell Avenue. All of B-L-K SubAivi31on, according to the plat thereof, ,in Plat book 117 at Page 70 of the Public Records of Dade County, Florida. b) That AmeriSwiSs Associates, developers with offices at 6181 N.N. 14th Street, Miami, Florida, 33126. c) That the Major Use Special Permit with any modifications may be examined in the City Clerk's Offices, 3500 Pan American Drive, Dinner Key, Miami, Florida 33133• d) That the Major Use Special Permit constitutes a land deve'_op,,.ent regulation applicable to the property; that the conditions contained in this Vajor Use Special Permit shall run with the land and bind all successors in interest; it being understood that recording of this notice shall not constitute a lien, cloud or encumbrance on real property, nor actual nor constructive notice of any of the same. 25. The Applicant shall consolidate all origir.al and sup;le-ental information submitted td the Council and City into a revised Application for Cevelopment Approval (ADA) and subRit one copy of the document to the Council, City, and Florida N;artmenL of Community Affzirs within ninety (90) days of the effective date of 1221• Brickell Develop:r,ent Order. ,31 87--2201 TZ OF LAW The 124-1 Brickell Avenue Project, proposed by Aa.eriswiss Associates, complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations being Zoning Ordinance No. 9500; and The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Leve:zp-en,t Plan applicable to the City of Miami. 3 2- 8'7-22U } z LAW OtriCES GREEN9ERG, TRAURIG, ASKEW, HOFFMAN. UPOFFI ROSEN 8, OUENTEL. P. A. M ICMACL O ALECRTINC rewNANDO C ALONSO CCSAR L ALVARCZ ZOOLRM r AMAGON aICNARD A. ARAIN RtuSIN O'O ASKC* KCRR1 L *ARSN NILAN,C EA6S ALvSSA M SAV MGARTtN RICNANO O SAATCR NORMAN J MCNrORO SCOTT M SCRNSTCIN MARK O *LOOM *LOT *RUTON STEVE BULLOCK RO*CRT K BURLINGTON LILIAN , CANO J RMILUR CARVER sue M CO** KCNOALL E. COr►CT DIANE M CONNIrr KATMV A OARASZ Jtrrwty O.DiCARLo OSCAR 0. 09 6A GuARO1A A,*CRT ♦. a[. CASTILLO ALAN T DIMOND CMAwLCS W COCAR. III DART M CRSTCIN OIANC D. rC*0AwO ROSERT j rRICOMAN LAURA A. GANOCMI RICNARO a. OARRCTT ERIAN K GART *RUCC N OILCS•KLEIN LAWRCNCea000rSKv ALAN f COLD STCVCN C OOLOMAN fTcvcN M aolof MlTN MAT*Ncw • aOwfON DIANNC 0attN*tRa MCLVIN N GREENEeRG MARILTN O. GRCtROLATT w0*CRT L GROSSMAN KCNNCTN C NOrrMAN LARRTJ MOrr"AN 00NALOJ JARCT MARCOS O JIMCNCZ MARTIN KALE ROEERT A KARLAN JOCLJ KARR JuolT« KtNNcv TIMOTMT C KISM ALAN IS KOSLOW STCVCN J. KRAVITZ STCVCN A LANOT ALLCN R LANGJAMR ALAN S LCOtRMAN Jcrrwcv C. LCVCT LAWRCNCt D. LEVY NORMAN M LIROrr CARLOS C.LOUMICT JuAN R LOUMICT RCORO A MARTIN JAY A MAwTUS JOCL O MASCR W166IAM Let MGGINNt$S JOMN T METZatR ALICIA M MONALCS ANTMONT J O'DONNcLL. JR JULIC K. OLOt«Orr BAND DELIVERED Mr. Anthony J. Burke Adler Group, Inc. 8181 N.W. 14th Street of**IC M ORf«tr*Kv `' ' MARKA RACMMAN fTCVAN J PARDO OLCA C. RARRA MARE«ALL R RASTCRNACK SYRON a PCTtRSCN AL*CRT O OWCNTCL dOCL OCIN6TCIN MARK J. RCISAIAN Lulf RCITCR 11tNNCT04 *. ROEINSON NICM06AS ROCKWCLL IIIAOUCL A ROORIOueZ MARVIN f ROSCN RICNARO A RO6cNEAUM RONALD M ROSENGARTCN DAVID L. 0086 ROSEIIT O. RUSIN KARCN D RUNDOUIST CLIrrORD A SCMULMAN MICNACL R SLWARO %4ARLCNC K. SILVewMAN STUART M. SING Cw TIMOTMT A SMITH DAVID R SC"ftCSE LAURA R STCP"CWSON SAMUCL fuss GARY R TIMIN RO6twT M TRAURIO MARIANNC A. VOS DAVID M. WELL* JtRROLD A. WISH TIMOTMV 0. WOLrt SMCILA W06r60N AMELEN N moss, am ZACNARv N WOLrr or COUNStL 04IAM1 OrrICE @NICKELL CONCOURS 1401 SRICKCLL AVENUC MIAMI, rLORIDA 33131 TELCPr1ONt9 MIAMI (3051 379 •0500 EwOWARD (305) 523 • Gill TCLCX 80.3124 TtLECORv (305) 576.0716 • 579.0717 WCST PALM SEACM OrrICE 100 AUSTRALIAN AVENUE SUITE 201 WEST BALM *EACH, rLORIOA 33406 (305) 663.6611 GROWARO OrrICE SUITE 1650 110 EAST EROWARO 6OU6EVAND rORT LAUOCROALE. rLOR10A 33301 (300) 766.0500 TELECOPT (305) 765•I477 WRITERS OIRCCT NO. 579-0581 - Q 3 Miami, Florida 33126-1899 401,1 4 �o , ��, w — r Re: 1221 Brickell Avenue el, Dear Mr. Burke: _�f�h C,�irJtihpn�►. .��', tam �C�y� During a telephone conversation today with Joe McManus df .J��r!��, the City of Miami Planning Department, I learned that you have still have not submitted the required documentation regarding your expenditures for the road improvements required by the Development Order and Major Use Special *Permit for the 1221 Building. As I informed you previously, this documentation is necessary not only to satisfy the above permit requirements, but so that you may obtain reimbursement for any expenditures in excess of those required. PLEASE REPLY TO: MIAMI OrI1GE January 28, 1987 �r AIA Q E4rlil r %�I7tLzi �%l�=L�4Y � Iv pm, Gf,ic f' NYS This matter has become increasingly serious because of the pending application for a•Modification of the Development Order and Major Use Special Permit to allow the 2,500 square foot mezzanine addition to the 1221 Building for Capital Bank's use. Not only is your temporary Certificate of Occupancy in jeopardy, and, of course, a permanent CO will not be issued until this 87-22Q- Mr. Anthony J. Burke January 28, 1987 Page 2 documentation is supplied, but in addition, the lack of this documentation could adversely affect or delay the pending application for the mezzanine addition. Accordingly, please have these documents submitted to the City of Miami Planning Department, attention: Joe McManus, by next Monday, February 2, 1987. If you have some unavoidable problem that prevents you from meeting this deadline, please contact Mr. McManus and myself immediately concerning same. Very truly yours, �O�L W Sheila Wolfson SW:bg cc: Daniel Holtz Matthew B. Gorson, Esq. Joe McManus 3q 87-220 I t: ( F P2__ :,J0 DAVID PLUMMER & ASSOCIATES INC. CONSULTING ENGINEERS January 28, 1987 Ms. Sheila Wolfson Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen & Quertel, P.A. Brickell Concours 1401 Brickell Avenue Miami, Florida 33131 Re: 1221 Brickell - #3171 Dear Ms. Wolfson: At your request, we have studied the traffic impacts of a 2,500 sq. ft. gross floor area (GFA) Commercial Bank at the 1221 Brickell Building. Traffic associated with this additional floor area was generated and assigned to the street network by methods consistent with those used in the 1983 Application for Development Approval. The Commercial Bank is projected to generate an additional 11 external vehicle trips during the A.M. peak hour and 26 external trips during the P.M. peak hour. This represents an increase of three (3) percent and six (6) percent during the A.M. and P.M. peak hours respectively over the traffic volumes for the approved 1221 Brickell Building. A.M. and P.M. peak hour traffic volumes generated by the approved development and proposed development are shown on Attachment 1. The new Growth Management Legislation defines substantial deviation as an "increase of external vehicle trips by more than 15% over the original projections". The projected increase in external traffic volumes is well below this criteria and is, in our opinion, not a substantial deviation. We have also included copies of the A.M. and P.M. peak hour Critical Movement Analysis (CMA) worksheets for the Brickell Avenue/S.E. 12th Terrace/S.E. 13th Street' intersection. This analysis has been provided for the approved development as well as the additional 2,500 GFA. Based on the results, which show no degradation of level of service, we have concluded that the additional GFA will not require any changes in the recommended roadway improvements. If you have any questions please call at your -convenience. Very t ly apart Pin er KMP/r1-0187R 4225 SALZEDO STREET • CORAL GABLES • FLORIDA 33146 �� 13051 444.2118 k #3171 January 28, 1987 ATTACHMENT 1 PEAK HOUR EXTERNAL TRAFFIC VOLUMES A) Approved Development AM Peak PM Peak In Out Total In Out Total Office 392 16 408 33 347 380 Retail 4 1 5 10 12 12 396 17 413 43 359 402 B) Proposed Development AM Peak PM Peak In Out Total In Out Total Office 392 16 408 33 347 380 Retail 4 1 5 10 12 22 Bank 9 2 11 13 13 26 405 19 47-4 -196 87-2zo- I TFR0=4"SF'OF=iTAT I M" IRESEAF=iGH GENTEFi GF;:I T I GAL MM E:MEFVT AN44 _YS I S LL 44 E: J SW 1 1'EIRIR DATE AM PEAF: W /ADDITIONAL GFA *�.iriiiF*++�F1fiF*fir+ ♦ i�iFiir�+��•►�F�F�� iF#�#t,► LEVEL_ OF SERVICE. n SATURATION 8 CRITICAL N.S VOL 7 4- CRI TICAL E/W VOL 6r)n_r CRITICAL SUM 1 Z: 4 7 LANE GEOMETRY NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND LANE MOV WIDTH MOV WIDTH MOV WIDTH MOV WIDTH 1 RT. 1=. C-) R.. 11 .0 R.. R.. 12. �? 2 T.. 1 CZ. 0 T.. 12.0 LT. 12.�► LT. 12.0 L.. 1 1 .0 T.. 12. Q L.. 12.0 4 ... .... L.. 11.0 ... .... ... .... 5 . . . . . . . . . . . . . . . . . . . . . . . h... .... ... .... ... .... ... .... TRAf=FIC VOLUMES NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND LEFT 110 1"'G 494 S • THRU 1067 470 454 64 7-' I GHT 1521 2104 162 11 TRUCKS (%) LOCAL BUSES (# /HR) PEAf.' HOUR FACTOR NORTHBOUND 5 0 .q SOUTHBOUND 5 C► .q EASTBOUND 5 c::► .9 WESTBOUND 5 C) ,q PHASING N/S :2. HEAVIEST TURN PROTECTED E/W :5. DIRECTION SEPERATION PEDESTRIAN ACTIVITY : 1. C► - 99 (#PEDS/HR) CYCLE LENGTH : 100 SECONDS CRITICAL LANE VOLUMES BY MOVEMENT NORTHBOUND SOUTHSOUND EASTBOUND WESTBOUND THRU -RIGHT 742 287 559 46 LEFT 177 _ 1 1(:) 0 c:► LEFT TURN CHECF;: NIIR f HHI IE JNrl SOUT HF{f_1I.INIL E ASTBLILIND WESTBOUND 87-22a TF:;;cANSF•nRTAT i ON rz-zESEAfr'a" CENTEP:: CfF: I T I CAI_ MOVEMENT ANAI_YS I S FAIR I Ci- "EL_L_ AVE / SW 1 2 TEIRIR D. E APPROVED PM PEAK W/FULL IMF' LEVEL. OF SERVICE D SATURATION 8 sS CRITICAL. N/S VOL IBE3: CRITICAL E/W VOL a;==. CRITICAL SUM 141 6 ► ► f .. * *rt �►iir�t#ice+#•IF•I��i1t•IFS►#iEi��h�F�t••M••IFiI•iF•k�I•� LANE GEOMETRY NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND LANE MOV WIDTH MOV WIDTH MOV WIDTH MOV WIDTH ] RT. 0 R.. 11. it R.. 12.0 R.. 12. 2 T.. 12. `:► T.. 12. U LT. 12. U LT. 12. T.. L.. 4 ... ..., L.. 11.0 ... ... .... C. • . . . . . . . . • • . . • . . . . . . r . • • • • . TRAFFIC VOLUMES NORTHPOUND SOUTHBOUND EASTBOUND WESTBOUND I..EF f 1 , +G 145 r^i i5 • THRU tj65 1297 74 57 RIGHT 2'8 65 87 99 TRUCt{: S (i:) LOCAL BUSES (# /HR) PEAK HOUR FACTOR NORTHBOUND 5 0 ,q EASTBOUND 5 c;t .9 WE TSOUND 5 t;i .9 PHASING N / 5 HEAVIEST TURN PROTECTED E/W :5. DIRECTION SEPERATION PEDESTRIAN ACTIVITY 1. !► - 99 (#PEDS/HR) CYCLE LENGTH SECONDS CRITICAL LANE VOLUMES BY MOVEMENT NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND T HRL.I -RIGHT 62 794 112 421 LEFT 199 0 0 0 LEFT TURN CHECF•• h1tlF� THI�f.)i.itdl SL-U T HHOUND EASTBOUND WESTBOUND i!F'I �1 'Jfll (ll IF I r 1 4" if 3� S7-22[6 Xd t TFiAtVSF•COF;:TAT I MIV F;:ESFEE AF�GhI CEN-1"FEE lF< CFti I T I CAL MOVEMENT- AIVAILYS I S E{F:;: I Ck:ELI_ AVE/SW 1 = TEI-<F;Z DATE APPROVED AM PEAV. W/FUL.L IMF' LEVEL OF SEENICE 0 SATUR►aT I ON E3 22 CRITICAL N/S VOL 7 4'2 CR I T I CAL E/ W VOL d: C-) CRITICAL. SUM 1 14 rt i��tkiFi•�►R�Fi�rit#��►��r*IF�f ti+t+F�iFiF�atirir�c NORTHBOUND LANE MOV WIDTH 1 R'T. 2. T.. I 0 L.. 11.C► 4 ... .... 5 . . . . . . 6 ... .... NORTHBOUND LEFT l 1 --► THRU 106 i RIGHT 152 TRUCKS LANE GEOMETRY SOUTHBOUND MOV WIDTH R.. 11. T.. 12. (:) T.0 TRAFFIC VOLUMES SOUTHBOUND 124 47t ) ;?� ►4 EASTBOUND WESTBOUND MOB.' WIDTH MOV WIDTH R.. 12. - R.. 12. ►) LT. 12.i► LT. 1-.2.0 L.. 12.0 L.. 1-2.0 EASTBOUND 444 45(i, 16C LOCAL BUSES (#/HR) NORTHBOUND 5 0 .9 SOUTHSOUND 5 0 .9 EASTBOUND 5 .9 WESTBOUND 5 i► .9 PHASING N/S HEAVIEST TURN PROTECTED E/W :5. DIRECTION SEPERATION PEDESTRIAN FACTIVITY : 1. 0 - 99 (#PEDS/HR) CYCLE LENGTH 100 SECONDS CRITICAL LANE VOLUMES BY MOVEMENT NORTHBOUND SOUTHBOUND EASTBOUND THRU -RIGHT 74 287 557 LEFT 177 107 0 WESTBOUND i �:► PEAt:' HOUR FACTOR 1 NPI11 VOL.UME:. NORTHBOUND 1 I k") 1 LEFT TURN CHECE SOUTHBOUND 124 1 I A EASTBOUND 494 WESTBOUND 46 ci WESTBOUND .5:? 4 37 87.22C,- e r TF-N:AIVSSF C:)F;:TAT I C71-4 FCSEAr-i:CI-1 CCM1iTEr- F. C1;: I T' I CAL Ir101%.'FEE MEN-T" ANA1-_YS I 0 F-1VE= ./SW I ^ TEh:I-: DATE PH PEAF. W / ADD I T I ONAI. GFA � y► �c * •k ie +• •K � �F •+ � it it � � � •IF �!• •1F i •► •IF � �► it i►� ir+• i•IF �• � LEVEL. OF SERVICE n SA1'(JRAT 10N 846 CR I T I CAL N/ S VOL 8 Et �. Ck) TICAL. E'W VOL. n54 CRITICAL SUM 1 4^E: LANE GEOMETRY (•1(IF:tTHEAOIJND SC)UT•HBOLIND EASTBOUND WESTBOUND LANE MOV W I DTH MOV WIDTH MOV W I DTH MOV WIDTH ] F=:l". 1.ii R. 11.C► R. 1 R.. 1".() 1 .. 121'. (:) T. 1�.0 LT. 12.. 4:► LT. 12.'? _ L. . ] 1.'► T.. 12).0 L.. 12.() L.. 1�.�► 4 ... .... L. 11.0 ... .... ... .... C h. . . . . . . . . . . . . . . . . TRAFFIC VOLUMES NOR'( HliOUND S(:'11 THNOUND E=ASTDOUND WESTBOUND L.F1:1 10 '.:a 145 210 THRU 565 1297 81 540 RIGHT :9 65- 87 101 TRUCKS (%) LOCAL BUSES (#/HR) PEAk:: HOUR FACTOR NORTHBOUND 5 ::► .9 SOLJ'CHBOUND 5 .9 EASTBOUND 5 .9 WESTBOUND S 0 •9 PHASING N/S :2. HEAVIEST TURN PROTECTED E/W :5. DIRECTION SEPERATION PEDESTRIAN ACTIVITY 1. i:► - 99 (#PEDS/HR) CYCLE LENGTH 1 (")o SECONDS CRITICAL LANE VOLUMES BY MOVEMENT NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND THRU -RIGHT 68 794 116 426 LEFT 89 i ► c ► LEFT TURN CHECF:: h!0R T HD()Uf-1D SOUTHBOLIND EASTBOUND WESTBOUND