HomeMy WebLinkAboutR-83-0855.7-83-k- �7
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4�1';r1 CUdUI'1'I )tvS TliE PROJr;CT
PROPOSclD ht [,IN(''G V, PPOPE TY C7.0hPANY AND
t,ikY,'iOND D. I,lASHEP ComPANY, A JOIN-T Vt'A\'TUR1
L0C.A'1'ED AT APPFOXIMATELY b23-799 t3RICF ELr.,
AVENUE'; ; " KING PINDIN'0t ;; GRANTINIG t\ MODIFICA-
TION TO SECTION 3 (4) (n,) OF TttF: CI'rY CHARTER:
401 YARDS PkUVIDE1-- (1l. ' RL�13T!;F[)) ; AND
GRANTING2 APPROVAL OF VARIANCES TO 7GNlP1G
()RDIiNANCE_; NO. 9500 PERTAININ(; TO 5EC`rIUN 1550
ENTITLED "SPI-5: t3F.ICKELL-N'IANI RIVEN, RESI-
t;;;rN'TIA.C, 0 F F I C E, r)IS'rP?IrT" ; GR0U NV LEVEL
YEDES T RJAN OPEN SPA( f? : 71,251 PPO VIDF:r)
(115,7F19 rL.A:'A V' cf.: 64,3F)b
5Q. 'T. pRnvI^E:D (63 ,056 tl 1. FT. FEr1UI' I �D)
HElGl-IT F I'iTTAT1Cl :'�: NOY-54 LIGHT
P[iA.N FY 7E' (tNO PF-Vr-TPa'rI0N ALLGWED);
Pt;CJITII7ItJG E'UI' Or r, C[,ASS C PFI?�*JT
AND I' ROVIPINC TH6T THE DEIWIT SHALL F.F
INNING rJ"i Ti-'E: APPLICAP..9' AND SUCCFISSORS I(,.)
,vHEREAS, it is the i.rtent that the ;.,ajor Use Special PArnit
shall ',e the instrian ent for im;ple:nentinq hk,, one action, a,-itlhor-
ized for isstiance by the City Commission, all chancies in the
adopted Comprehensive Plan, soninq district classifications,
other zoning actions or other City ordinances that would other-
wise be necessary to the accomplish;nent of the objectives sought
in the application for 1-1ajo.: Use Special Permit; and
WHEREAS, Lincoln PrornPrty Colnnanv anJ Ravmond D. Nasher
Companv, joint venture, submitted an Application for a Major Ilse
Special
Permit
per"Article GH
lialor Use
Sm. cial
Permits:
Detailed
Reruirc:nts",
of 7onino
Ordinance
No
9500,
for the
Lincoln/washer Compenv rrojr-ct; anv3
6vH :F:EAS, the i,ia,ni F-iannin,i Advisory Boarci, at its meeting
held on JEily 6, 1483, by a 5 to 0 vote, reviewed the preliminary
application and recommended that the I,p�)licant he permitted to
file a Final Apnl iccation; and
INHExbm'S, the Miami City Commission at its meeting held on
July 18, 1983, after reviewing the preliminary application,
adopted kesolution 83-630 per.nittinq the Applicant to file a I
CITY COMMISSION
MEETING Op
SFp 29 1983
Jot, 83-f
�REA1�Itn�.;
0 0
FirtaI -Anr,lication; a.r:i estanl ishe:"t 22, 1963, cis the
PuhIi_C hearinrt 13ate Cor rorsideration of ttile s'inaI AnnIicati0n;
a n ci
b:iiERIF11-;r uccol,rttion R3—(173; J u I v 2�,, 191-13, ro-e0 the
;;et�tt�mhE'r 1 i r1C:) n(:met ir►:. to tzente;-!-,er )9 � 1 9 j ; �nij
th(-- `Sias li Y;I anni.,n� T{oarl, at i.t:.s mrE 'tin
►,e1_on evtt-,rb,?r 14, 19e.3, foIIowin -► an .tl:9 vP_rt ise,.l n,rt:lic
hearin:►, adopteI Ttesol►rtiOn No. PAI. IOF-F53 by a b vote to 0 vote,
i,►,CU ^�y'6,�I;Ii V APPR'OVAi, of a Halor Use Rpocial Per,T►it for the
T,r_o=iect; ind
ivhI-I'KE,A;i, the City (,ornmission h,as Coneiucted a c)11"Aic hearing,
having considerer': the Auplicati.on for Miiajor Use Special Permit
anti the Application for DevE-?lop;nent Approval and tht2 Report and
iieco,n,.lendations for the South Florit?a keoi.onal Planning Council;
.a n d
WHEIREAS, the Citv CormAssion has cleterr^ineA that all legal
regiuireirents have hc,an compl ied with; an-i
WHE'RIEAS, the Citv Commission dee•ns it advisal;le and in the
best interests of the oener_al orelLare of the City of Miami to
issue a i-;ajor Use Special Permit as 'hereinafter set Corth;
NOW, THE,RL'FOPE, �!E: IT PESi'.KNE►3 �2tY THE. CO3VMISSION OF Thl" CITY
OF FLORIDA:
FINDINGS OF PACT
section 1. The following findings of fact are rr.:ade with
respect to the project:
a. The Commission has determined that the project is in
conformity with the adopted iMiami Comprehensive
Neighborhood Plan.
h. The City Commission finds that the project would not
create an adverse impact on air duality, around water,
soils, animal life, veae tation, wastewater mananement
or solid waste disv-osal, and further finds that it
would have a nuinher of rositikye impacts incltiding:
-2-
83-855 .
c.
d.
(1) Over tRou p• r ,-:.�n�,nt n4'w jots vio;al(l i-)e ocn-2ratoki t)v
t'he :project with .an additional 1,800 relocate,
fro,r, existin,i office �xace i.n trie Reaion. nearly
l ,750 a6f:H,t.ion<,.i. frill-ti-^e iohs woul.:1 'he ion(-_rate'l
in the fo�.ir count,i r..,L.?iorn, .ai th no.3rl v $ 10 million
inr-rera�c in total wati;.; can^ 171 million in value
all;erl to tn(2 re iional ec:onomv.
{�} An ?ililUil si.irrltlS of nearl v $2.2 mi 1.lion dollars
to taxing .jrati.,.1iicti.on: ,,Iitt; a?,hroximate1y
a727,000 for 'ritin'i, 31`�,(i(io For 5a6e Countv,
.�1)27,000 for tho School t'Astrict., acid ;,72,000 for
C h e South ElOriri] rater 171ana ]event District an:
f-trecial Ali stri cts cooti-Aned .
(3) Pr.it-1 is acC ss to P iscavne Bay would ho improved.
(4) The quality of stornwater runoff from the site
Should hf� substantially improve) by elirninatina
the surface parkin,- lot.
The City Commission f_inoc that the adverse imparts
related to water. :lerrant9, energy (Ielriank� , solid waste
aeneration, dt-.:iands on nuhlic services and traffic
rteneration will be rniticiat,:?cl by the conditions se,, -
forth in Exhihit "A".
"Phe City Cojmiiission finds that:
(1) The project will have a favorable impact on the
economy of the Citv; and
(2) The project will efficiently use public trans►aor-
tation facilities; and
(3) The project will favorably affect the need for
people to find adequate housino reasonably
accessible to their places of employment; and
(4) The project will efficiently use necessary public
facilities; anti
(5) The project will have a favorable itwact on the
environment and natural resources of the pity;
and
-3-
83--855
(6 The r r o j e c t wL1.l riot a 0v—� r::ely -if Lect 1ivin7
con(,,itionC i.n the nr�irrhflhorhooil; anti
(7) The }project woci1d not alver.s#31y affect Luhl.ic
safety; anal
( , ) That tht�,re is a cohlic neer9 for the r,rojeet .
Section 2. Tho Cites k:opll^irsio,l (-,rants a modi ricat ion of"
the reouir-ments aS :=et forth in Section 3(4)(1r)) of thJ City of
l,ia!rA Ch..rter wh�r,-i n 4n foot sir?e var.is are provide •l and I1P,
feet of c-,i,.' e var<9s Fare rF(.Suired'; r�?coo ni7inq th1, nl]i,Ilc a!nAni.ty
r.roviCie,l 'cry the lrcirio r., nui-,lic.ly accessible Bavwalk
alone tho ha -front of the propert-v which is to !.)e corrstrtac.ted and
�1ntu1nCC1 by the ar.•riicant; F)v oroui•lina v')lihlic accegs alon'a the
nort'n property Iine from irictelI Avenue to the Pavwalk and iov
ontie,rtakina to nrovif,e a similar Bavwalk across the property of
the First Freslcvterian Church, pent7i.no approval of the Church;
provie,ed that the Church property does not chanqe hands in the
next three vears.
Section 3. The Citv Commission her.nbv anoroves variances
to the Section 1550 entitled "SPT-5 ,rickell-Niarai liver Resi-
dential Office Gi..trict", of Ordinance No. 9500, the Zoninq
Or..iinance of the City of Niami, Flori,9a, as follows:
- ect ion 1556.3.6. Ground Level Pedestrian Open
St)ace ;
Special Requirer,;er:ts Concerninq Plazas, rVhrough Block
Connections, 1:4atertront proposinq 71,251
sci.tt. of peaestrian open space(1.15,784 sq.ft.
requi.re,x) ;
--Section 1556.3.6.1. Special Requirement for Plaza
Area, Scalina, Landscapinq proposing 64,366 sq.ft. of
urban plaza space (83,056 sq.ft required);
--Section 1557. height Limitations nroposinq penetrat-
ina the north light plan by 76.0 feet above elevation
363.5 feet above grade (no nenetration allowed)_
In ntakinn this decision, the Commission finds that:
IMIM
83�-855 .
(1) Special con"litionc! an:J circa-:0tances exist which are
peculiar to the larl-1, structure, or buildinci involved
and wnicli ar,� not apnlicahl.P to other lands, structures,
01- bUilclill,4S in thr� .Sr:oe zoninn district;
(2) Sai6 special conditions anca circiiwz�ta.ncea (Io not resiAt
from the actions of tho nntiti.oner;
(3) A li*_^ra] int-r:)r'etat.ion of the provisions of this
zonin(a ordinance voul,l Ieprivn ti-e appl Leant of rinhts
co:nirionl;: ?niovec' 'r•v other oroperties in the same %orlin,-r
di5triCt Uncjer ttie t:'r,rs of this 7onino orf:Iinance anti
wool I worK an:" Url jlIP har•lshio on the
petitioner;
(4) Grzir,tin.; the variances reque:--ted will not confer on
the petitioner anv snecial nri. 7ileoe that is denied by
this 7,onill4 cirr.3inance, to other lanais, built-iinos, Or
structures in the same zoning district;
(5) The variances, it --ranted, are the minimum variances
that will snake possiole the reasonable use of the land,
nuildinq, or structure; anal
(F) The or.ant of the variances will be in harmony with the
general intent and purpose of this 7oni.na ordinance,
and will not be incurious to the neiohhorhood, or
otherwise: ,Ietri,nentai to the rublic welfare; and
(7) The project is in conforr,li.ty with the district zonincr
classification of Zoning Ordinance No. 9500.
Ejection 4. A t ajor Use Special Permit, attached hereto
as Exhibit "A" and made a part hereof by reference, approving
with conditions, the Lincoln/hasher Project proposed by Lincoln
Property Company and Raymond D. Dasher Company, a joint venture,
for approximately 623-799 Rrickell Avenue being hasher Sub
(117-90) be, and the same is hereby grantee] and issued.
Section 5. The Major Use pecial Permit also includes a
Class C Special Permit, to be issued by the Planning Director per
Section 1552.1 of Section 1550 SPI-5 Prickel l -Lai arr•i River
Residential Office District of. Zoning Ordinance r45o0.
0015
83-855
"ection c. Ti72 +`".d'lOC U54. t7F'Ci,ii F?rf'tlt 3ptirOVF?ci
shall i1f• binriin i upon they c' rplicantS anei anv Stl!Ce'yS01 : in
interest.
PASSED AND ADOPTED THIS 29th day of September, 1983.
HT'I'E?5`r
R . H G. ONGIE
Cite Clerk
PREPARED ANT APPROVED RY :
u•d".
EL E. �tAX'tiFI,L
sistant City Attor.nev
Maurice A. Ferre
t,IAURIC'r A. PERRF, !Mavor
AFPPOVED AS 10 F'C1T i. O, 1:IJRPECTTlI Sq:
;,V;,?Ac-ZA `XZ4-vv, .` -
.7OSE R. Gh' R.
CIA—PEDOSA
/I, City At.tornev
G•
Jr,h/pb/208
—U"
83-855
EXHIBIT "A"
ATTACHMENT
RESOLUTION
AND
RESOLUTION
MAJOR USE SPECIAL PERMIT
AND
DEVELOPMENT ORDER
TO
Let it be known that the Commission of the City of Miami, Florida, has considered
in public hearing on September 29, 1983, a) the issuance of a Major Use Special
Permit pursuant to Section 2803, Article 28 Major Use Special Permits: Detailed
Requirements of Zoning Ordinance 9500 and b) the issuance of a Development Order
for a Development of Regional Impact pursuant to Section 380.06 Florida Statutes,
said major use and development to be located in the City of Miami, at approximately
623-799 Brickell Avenue, being
NASHER SUB ( 117-90)
and after due consideration of the recommendations of the Planning Director and
Planning Advisory Board pertaining to the Major Use Special Permit and after due
consideration of the consistency of this proposed development with pertinent regu-
lations and the Report and Recommendations of the South Florida Regional Planning
Council pertaining to the Development of Regional Impact takes the following
actions:
Authorization to Issue a Major Use Special Permit
and
Approval of Application for Development Approval
both subject to the following modifications:
FINDINGS OF FACT WITH MODIFICATIONS
Development
1. The development proposed 1,594,813 gross square feet of building area,
comprised of the following elements as specified by the applicant in
the Application for Development Approval:
Element
Flagship Office Building (existing)
Flagship Drive -In Bank (existing)
Nasher Plaza Office Building
Retail
Restaurant
sub -total
Flagship Parking Garage
Nasher Plaza Garage
Total
Gross Building
Area (sq. ft.)
Spaces
299,840
ill
885
737,577
5,203
6,747
1,050,252
178,850
658
365,711
1,308
1,594,813
2,077
83-855 .
This project proposes a landscaped plaza and publicly accessible Baywalk.
The height of the office tower proposed is an average of 440 feet above
street level or approximately 451 feet in elevation (MSL) as further described
and limited in Site Plans (Figures 2A and 2B) and Section (Figure 3).
The existing Flagship Office Building and Drive -In Banks were previously approved
(by building permit) by the City of Miami.
The project is further limited by applicable provisions and procedures of City
of Miami Zoning Ordinance 9500, as follows:
Per Section 1552.3.1 Section 1550 SPI-5 Brickell-Miami
River Residential Office District, the Urban Development
Review Board on August 24, 1983 approved the project per
conceptual plan and design schematics plans in file dated
August 19, 1983 with the following parameters:
Element Floor Area (s.f.) Floor Area Patio
Office Tower 737,577
Retail 11,950
sub total 74T,1.75
Existing Development 300,725 .70
Total 1,050,352 2.45
The project requires certain variances in order to conform to the SPI-5
district which were recommended by the Planning Advisory Board:
Ground Level Pedestrian Open Space: 71,251 s.f. proposed;
(115,789 s.f. required.)
Urban Plaza Space: 64,366 s.f. proposed;
(83,056 s.f. required.)
Penetration of Light Plane by 76'0" (no penetration allowed)
The project also requires approval of modifications of the requirements of
the Waterfront Charter Amendment; proposing 40' yards;(118' required)
which were recommended by the Planning Advisory Board.
83-855.
I III II 1 1 I Ib i1i11 .1li ll III allildIllIkll.lA i lik
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FIGURE 2s
SrTE PLAN — GRADE LEVEL.
Source: ADA
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FIGURE 2A
SITE FILM PLAZA LEVEL
Source: ADA
l LR
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FIGURE 3
PROJECT CROSS SECTION
SOURCE: ADA
THE APPLICANT SHALL:
Conservation and Environment
2. Obtain any permits from the South Florida Water Management District
required pursuant to Ch. 16K-4.021, F.A.C.
3. Conform to all requirements, if any, of the moratorium on construction
ordered by the Dade County Department of Environmental Resources Manage-
ment on May 18, 1983, covering a part of the Miami -Dade Water and Sewer
Authority service area, including the project site.
4. Use only native species or acceptable non-native species and relocate
and use plant species existing on -site in project landscaping.
5. Notify the State Historic Preservation Officer and the Dade County
Archaeologist at least two weeks prior to the expected date of construc-
tion start, allow the site to be monitored during construction, and
coordinate and/or reasonably delay construction to allow for removal of
any significant remains.
6. Promote energy conservation and the use of public transit and minimize
air pollution by implementing, as feasible, Transportation System Manage-
ment, coordinated with the Dade County Transportation Administration,
including traffic flow improvements pursuant to Condition 13 below;
encouraging the use of mass transit, bicycles, and ridesharing through
such measures as provision of schedule and route information within the
project lobby or plaza, public seating near bus stops adjacent to the
project, and secure and convenient bicycle storage for project visitors
and employees in the garage, variable work hours, flex -time and a 4-day
work week; and encouraging carpooling by employer -subsidized ride -sharing
programs and van -pools and providing preferential parking in the garage
and ridesharing information. The Applicant shall prepare a report within
120 days from issuance of the Development Order.
7. Incorporate into the project the following energy conservation measures:
-- Air conditioning zoning to permit operation of single floors or
multiple floors as a function of occupancy.
-- Evaluate, and use to the extent feasible, individual metering of
electricity for each floor.
-- Minimum use of incandescent lighting in the building.
-- Insulation equal to or exceeding building code minimum.
-- Highly reflective exterior glass and light colored walls.
-- Limit water flow in lavatories to 1.5 gallons per minute.
-- Domestic hot water temperatures set no higher than 1050F.
-- Reduced wattage lighting in corridors and restrooms.
-- Encourage use of task lighting by tenants.
-- Open garage facades to increase natural ventilation.
-- Evaluation of using kitchen waste heat to heat water.
-- Computerized energy management system to limit HVAC and lighting
system electrical demand.
-- Evaluate the feasibility of a computerized elevator control
system to improve demand response and energy efficiency and use
of local lighting switches to reduce lighting of unused space.
83-855 _
Safety and Security
8. Develop, within one year of the date of issuance of the development
order, a fair share agreement with the City to provide a contribution
to support necessary capital improvements in police and fire service
in the area.
9. Construct the building to allow for emergency hovering helicopter
evacuation from the roof of the office tower. Further, the Applicant
shall, at any time that a feasible solution is found, provide roof
space for an aerial and its appurtenant panel housing for the City's
emergency communication system; such aerial and appurtenance together
with necessary services shall be at City of Miami expense. The Applicant
retains the right of architectural review and approval.
10. Collaborate with the City to evaluate and 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) prior to the time of issuance of a building permit.
Access and Circulation
11. Prior to the issuance of building permits, dedicate, subject to City
and Florida Department of Transportation (FDOT) approval, adequate right-
of-way for an additional lane of traffic on the east side of Brickell
Avenue from the northeast corner of the intersection of SE 8th Street and
Brickell Avenue tapering northward as illustrated in Figure 8 of the
Council Impact Assessment (attached).
12. Conduct, and complete, within 10 months of the date of issuance of the
development order, individually or in cooperation with other consultants
approved by the City, a long range year 2000 transportation study for an
area, no smaller than the traffic impact area for the Lincoln/Nasher
DRI, to be determined by the Council, City, County, and FDOT. All
study parameters, i.e., car occupancy, mode split, direction of approach,
trip generation and development scenarios would be subject to review and
approval by the Council, City, County, and the FDOT prior to authorizing
the Applicant to proceed on the study. The study will incorporate pro-
jections for growth in background traffic; ultimate development traffic
within the traffic impact area, based on existing and proposed zoning;
transit ridership; pedestrian movements; programmed and planned transporta-
tion improvements; evaluation of alternate improvements and their estimated
costs; and transportation system management strategies, including on -site
and remote parking policies and standards. The study will also include
recommended improvements and their costs, recommended land use regulations,
and any necessary changes in the City zoning, or identify limitations on
ultimate development imposed by the capacity of the transportation system,
and submit to the Council, City, County, and FDOT for review.
13. Within two months of a determination by the City, County and FDOT that the
transportation improvements recommended as a condition for approval of this
development order, illustrated in Figure 8, and that the publicly -programmed
transportation improvements assumed in the ADA, are compatible with the
long-range improvements recommended by the Council, City, County, and FDOT,
the Applicant will design, with FDOT, County, and City approval, and within
six (6) months of that approval, start construction of, or provide a bond
or letter of credit for $325,000 (1983 dollars) for the construction of
the recommended improvements illustrated in Fiqure 8. The improvements
illustrated in Figure 8 are further described in Figure J-1 of the ADA
including re-signalization at the SE 7th and SE Sth Street intersections
with Brickell Avenue and a new signal at SE 8th Street and S. Bayshore
Drive. The difference between the S325,000 (1983 dollars) and the
Applicant's fair -share contribution of two-thirds of the cost of both
improvements to construct the recommended improvements is a front -ended
short term loan to the City, repayable under terms of maturity dates and
interest rates jointly agreed to by the City and the Applicant. The
Applicant may proceed to construct recommended improvements at the inter-
section of S. Bayshore Drive and SE 8th Street, at its own financial risk,
83' 855
FIGURE 8: RECOMMENDED IMPROVEMENTS
Brickell Ave./Bayshore Dr./S.E.8th St.
L i nco I n/Nasher sash e.r.no a Or"
Access Drive
a
e,
0
•
Scale
Lincoln/Hasher -
Access Drive
lrlek•I A..nw (uS -
1 \ f -.•
Existing
>n Lane Configuration
0 amh Bay~* Drive
lovdin9 area - - - - - - - - - - - - - Si9nal - - - - - - - - -
I
III
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11 I
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....................................
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New P aver�� e t
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- - - - - - - — - - - - - - - -
�ric►•I A•MN (Us - I
Proposed
Lane Configuration
do
prior to the determination of consistency by the City and Council as
required above, in order to facilitate access to the site during
construction of the project.
14. In the event the transportation improvements required pursuant to
Condition 13 above are inconsistent with the transportation improvements
recommended in the long-range study, the Applicant will desion, and provide
cost estimated for, comparable improvements of equal cost compatible with
the recommended long-range improvements, and shall submit this information
to the City, County, FDOT, and the Council for review prior to amendment
of the Development Order pursuant to Condition 24 below.
15. Accept a left -turn prohibition from the 7th Street access drive to south -
bound Brickell Avenue, a PM peak hour left turn restriction from southbound
Brickell Avenue to the 7th Street access drive and a right -turn prohibition
from the Bayshore access drive to westbound SE 8th Street, if conditions
warrant.
16. Within three (3) years of the date of issuance of this Development Order,
submit landscape plans for a Baywalk for review and approval of the Planning
and Public Works Departments; provide and construct a Baywalk per approved
plans; dedicate a public easement within the 50 foot baywaik setback imme-
diately upland of the mean high water line; provide for perpetual maintenance of
the Baywalk at his own expense. In the event that the City is able to
obtain permits to fill the Bay inlet pursuant to Condition 28 below, the
Applicant will fill the inlet, subject to the requirements of the permits
and complete compatible Baywalk development on the fill within one year of
notification by the City. Furthermore, the Applicant shall bear all costs
involved in the City's attempt to obtain the permits and shall cooperate
with and support the City in said attempt pursuant to Condition 28. The
Applicant will provide public access along the north .property line from
Brickell Avenue to the Baywalk. Further, the Applicant shall extend a
compatible Baywalk across the bayfront property of the First Presbyterian
Church within three (3) years of the date of issuance of this Development
Order contingent on agreement with Church; this requirement is waived if
the Church property is developed or conveyed during this period.
Minority Participation
17. Work with the City to prepare a minority employment plan indicating how the
maximum feasible number of construction and permanent jobs resulting from
the project can be accessible and available to minority applicants.
18. Vigorously seek minority contractors to carry out construction work, as
feasible, during the development phase of the project.
THE CITY SHALL;
19. Withhold building permits until dedication of adequate right-of-way for the
additional right line north of SE 8th Street along Brickell Avenue as shown
in Figure 8.
20. Enter into, within one year of the date of issuance of the development order,
a fair -share agreement with the Applicant to ensure the provision of those
capital improvements (found to be necessary in Condition 8) in the police
and fire services in the area.
21. Review final building plans, prior to the issuance of building permits, to
ensure emergency hovering helicopter evacuation from the roof of the office
tower (in Condition 9), as shown in the applicant's plans on file.
22. Complete, within one year of the date of issuance of this development order,
a public facility and service study for the Brickell area with particular
emphasis on water and sewer planning.
23. Complete the review of the transportation study, required in Condition 12,
within 2 months of submittal by the Applicant.
83-85+5 .
Ab
24. In the event of the transportation improvements required pursuant to
Applicant Condition 13 above are inconsistent with the transportation
improvements recommended in the long-range year 2000 study, the City will
review the proposed design and cost estimates for comparable improvements
of equal cost compatible.with the recommended long-range improvements,
developed by the Applicant pursuant to Condition 12 above, and in consid-
eration of the comments and recommendations of the County, FDOT, and the
Council, modify the Development Order to reflect the changes in the
required transportation improvements.
25. Ensure that the required funds, bond, letter of credit, or Applicant commit-
ment to construct the recommended roadway improvements required in Condition
13 has been provided within two months of the determination by the City that
the recommended improvements referenced in Condition 13 are compatible with
the recommended improvements of the long-range study.
26. In the event that the Applicant provides a front-end loan to the City to
construct the recommended roadway improvements according to Condition 13,
secure, from other developments in the Brickell area or from City funds,
reimbursement for that 2/3 portion of the cost determined to be in excess
of the Applicant's fair -share.
27. Collaborate with the Applicant to ensure incorporation of security measures
and systems into the design and operation of the project. Security systems
may be examined by the Miami Police Department (at their option) and, if so,
a security report will be issued within 60 days of the issuance of this
Development Order.
28. Use its best efforts to obtain all permits necessary to fill the Bay
inlet and, when obtained, notify the Applicant to complete Baywalk improve-
ments in the area of the inlet consistent with Baywalk design standards.
(See Condition 16)
General
29. 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
Regional 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 Miami Planning Department.
This report shall contain, for the preceding twelve months:
A general description of construction progress in terms of construction
dollars and employment compared to the schedule in the 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 are 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.
30. The Development Order shall be null and void if substantial development
has not begun in three (3) years of the issuance date of this Development
Order. Substantial development is defined herein as the achievement of
the following items:
83-855 -
IN I
Obtaining all required permits; and
Beginning construction of, or provide the funds, bonds or letters of
credit for recommended surface street improvements.
31. The Applicant shall give notice to Richard P. Brinker, Clerk, Dade 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 Commission of the City of Miami, Florida, has issued a
Development Order for the SE 8th Street and Brickell Avenue Project,
a Development of Regional Impact located at approximately 623-799
Brickell Avenue, being
NASHER SUB (117-90)
b) That Lincoln Property Company and Raymond D. Nasher Company, a
joint venture, are the developers with offices at 777 Brickell Avenue,
Miami, Florida, 33131.
c) That the Development Order with any modifications may be examined in
the City Clerk's Offices, 3500 Pan American Drive, Dinner Key, Miami,
Florida, 33133.
d) That the Development Order constitutes a land development regulation
applicable to the property; that the conditions contained in this
Development Order 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.
32. The Applicant will incorporate all original and supplemental information
into the originally submitted Application for Development Approval into one
complete document and will provide copies within 90 days of the date of
issuance of this Development Order, to the City of Miami, the South Florida
Regional Planning Council, the State Department of Community Affairs, the
Downtown Development Authority and Dade County Public Works Department.
33. The Application for Development Approval is incorporated herein by reference
and is relied upon by the parties in discharging their statutory duties under
Chapter 380, Florida Statutes. Substantial compliance with the representations
contained in the Application for Development Approval is a condition for
approval unless waived or modified by agreement among the parties.
CONCLUSIONS OF LAW
The Lincoln/Nasher Project, proposed by Lincoln Property Company and Raymond D.
Nasher Company, a joint venture, 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
objectives of the adopted State Land Development Plan applicable to the City of
Miami; and
The proposed development is generally consistent with the Report and Recommendations
of the South Florida Regional Planning Council and does not unreasonably interfere
with any of the considerations and objectives set forth in Chapter 380, Florida
Statutes.
Changes in the project which do not exceed development parameters set forth in
the Application for Development Approval and Report and Recommendations of the
Regional Planning Council shall not constitute a substantial deviation; under
Chapter 380 Florida Statutes, notwithstanding City zoning approvals which may
be required.
83-855 -
LI
61
61 i;;7�' :'i 'AIAh11, ; L�RIDA
INTER-C-,FF'Ct= Iv1EK40RANDUM
Howard V. Gary September 21, 1983 °ICE
City Manager
Lincoln/Hasher Project
Major Use Special Permit
�:. riuez, Director �•<<E���,��� City Commission Meeting of
40ningoDepgartment September 29, 1983
The Miami Planning Advisory Board by Resolution PAB 108-83; September 14, 1983,
by a 6 to 0 vote; no members absent, recommended to the Commission the issuance
of a Major Use Special Permit with conditions for the Lincoln/hasher Project
located at 623-799 Brickeii Avenue. The Board recommended the Major Use Special
Permit as presented by the Planning Department including the modifications of the
Waterfront Charter Amendment and variances requested except as to the variance
regarding the light plane, which the Board recommended. The Board also amended
Conditions 16 and 28 to require the applicant to bear all costs in the City's
attempt to secure permits to fill an inlet.
SR/JUM/111
i
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PLANNING FACT SHEET
APPLICANT
Lincoln Property Company/Raymond D. Nasher Company:
July 1, 1983
PETITION
4. Consideration of recommendations on the Final Application for Major
Use Special Permit for the Lincoln/Nasher Project, 623-799 Brickell
Avenue, per site plan on file, per ARTICLE 28 MAJOR USE SPECIAL
PERMITS: DETAILED REQUIREMENTS, Section 2802.6 of Zoning Ordinance
9500 including a) modification of the requirements as set forth in
Section 3 (4) (b) of the City of Miami Charter, Chapter 10847,
Special Acts, Laws of Florida, 1925 as amended, with proposed 40'
side yards (118' required); b) Class C Special Permit; c) and
variances to SPI-5 Brickell-Miami River Residential Office District
of Article 15 SP1: Special Public Interests Districts; Section
1556.2.4 LUI Ratings and Related Ratios Applying within District,
proposing 261,371 square feet of open space (261,598 square feet
required); Section 1556.3.6 Ground Level Pedestrian Open Space;
Special Requirements Concerning Plazas, Through Block Connections,
Waterfront Walkways, proposing 71,251 square feet of pedestrian
open space (115,789 square feet required); Section 1556.3.6.1
Special Requirements for Plaza Area, Seating, Landscaping proposing
64,366 square feet of urban plaza space (83,056 square feet required),
proposing raised planters in excess of the limitation of 16 inches
in height above the plaza level, and Section 1557 Height Limitations,
proposing penetrating the north light plane by 76.0'above elevation
363.5' above grade (no penetration allowed).
REQUEST
To'authorize a Major Use Special Permit for the Lincoln/Nasher
Project.
BACKGROUND
Zoning Ordinance 9500 established a Major Use Special Permit process
(Article 28) whereby defined major uses require recommendation by
the Planning Advisory Board, consideration -'and authorization by
the City Commission before construction can be undertaken. This -
process encompasses Developments of Regional Impact and other projects
(as the threshold is lower). It is the intent of the Major Use
Special Permit to address, in one action, any changes in the compre-
hensive plan, zoning district classification, other zoning actions,
and other City ordinances that would be necessary for a building
permit application to be considered.
The schedule of meeting and hearing dates is as follows:
Meeting/Hearing
Planning Advisory Board Public Meeting - July 6
Recommended y a vote of 5 to 0, July 6
1983, that the applicant be permitted to
file a final Application.
• City Commission Resolution 83-630 - July 18
• Permission to file a Final Application
for Major Use Special Permit; set date
for hearing on Final Application;
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In
Resolution 83-673; July 28, 1983 moved
the September 22 meeting to September
29, 1983.
Planning Advisory Board Public Hearing - Sept. 14
recommendation on the Final Application
for Major Use Special Permit and recom-
mendations concerning the issuance of a
Development 'Order for a Development of
Regional Impact.
City Commission Public Hearing concerning Sept. 29
issuance of a Major Use Special Permit
and a Development Order for a Development •
of Regional Impact.
ANALYSIS The Lincoln Nasher Project proposes:
-- one 32 floor office building of 737,577 gross square feet
-- commercial space of 11,950 gross square feet
-- two parking structures of 365,711 gross square feet (1,308
spaces) and 178,850 gross square feet (658 spaces)
There is an existing office building -Flagship Building -of
299,840 gross square feet and a drive-in bank of 888 gross
square feet on the site.
RECOMMENDATION
PLANNING DEPT. Approval of the Major Use Special Permit, with conditions
and exceptions.
Approval of the modification of the requirements of the Waterfront
Charter Amendment, 40' proposed, 118' required. The project has
of side yards at grade in compliance; 74' of yard not in
compliance, comprised of landscaped plaza, at elevations +18' and
+22' as compared with the Brickell Avenue elevation of +11', and
has a 4' deficiency by which no yard is being provided. In mitiga-
tion the applicant will provide public access along the north
property line and construct and maintain a 50' publicly -accessible
Baywalk along the Biscayne Bay edge. Further, the Planning Depart-
ment recommends that the applicant agree to extending the Baywalk
across the property of the First Presbyterian Church within the
next 3 years, pending agreement with the Church; this requirement
could be waived if the Church property changed ownership in the
next 3 years.
Approval of the Class C Permit, with exceptions.
83-85S
(Variances to SPI-5 District)
Open Space No Variance Required: 261,371 s.f. proposed; 261,598
s.f. required. The applicants' open space calculation did not
include a 1/2 credit for 4150 s.f. of covered open space, or
2075 s.f. The applicant is actually supplying 263,446 in open
space and is in compliance. No variance is required.
Approval Ground Level Pedestrian Open Space: 71,251, s.f.
proposed; 115,789 s.f. required. The applicant is supplying an
additional 73,093 s.f. of pedestrian open space or a total of
144,344 s.f. The additional pedestrian open space is above an
elevation of 3.'5' above grade (+14.5' at Brickell) so that
service and vehicular access may occur below the plaza.
Approval Urban Plaza Space: 64,366 s.f. proposed; 83,056 s.f.
required. The applicant is supplying an additional 68,661 s.f.
of plaza space above an elevation of 3.5' above grade (+14.5'
at Brickell) so that service and vehicular access may occur
below the plaza. Retail space needs to be provided that
"looks out" into the urban plaza.
Deviation of Planter Height Limit of 16" No Variance Required:
This part of the plaza does not meet the plaza definition as it
is above -grade; no variance is required for the depth of the
planters.
Denial Penetration of light plane by 76'0". The building could
readily be designed to accommodate the light plane.
The Planning Department also recommends that the applicant
provide ample seating (benches, or tables and chairs) and a
small kiosk at the plaza level and work out pn agreement with
Flagship Bank to improve their Brickell entrance and the south
side of the Flagship building. -
PLANNING
ADVISORY BOARD Approval, as amended, by a 6 to 0 vote on September 14, 1983,
recommending all variances and modifications to the Water-
front Charter Amendment, amending conditions 16 and 28 to
obligate the applicant to bear all costs in the City's
attempt to obtain permits to fill an inlet.
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