HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
THE 1060 BRICKELL PROJECT
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 17 and 22 of Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission
of the City of Miami, Florida, has considered in a public hearing, the Substantial Modification to
a Major Use Special Permit for the 1060 Brickell project, Resolution No. 00-1134 (hereinafter
referred to as the "PROJECT") to be located at approximately 1050-60 Brickell Avenue and
1051 SE Miami Avenue Road, Miami, Florida (see legal description on "Exhibit B", attached and
incorporated), is subject to any dedications, limitations, restrictions, reservations or easements
of record.
After due consideration of the recommendations of the Planning Advisory Board and
after due consideration of the consistency of this proposed development with the Miami
Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and
subject to the following conditions approves the Substantial Modification to a Major Use Special
Permit and issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately
1050-60 Brickell Avenue and 1051 SE Miami Avenue Road, Miami, Florida. The PROJECT is a
proposal, which will allow a change to the original application for: Redesign of the facade of the
buildings; Reduction of the number of residential units from 605 to 572; Reduction in the
number of parking spaces from 1,022 to 741 spaces (601 spaces required); Reduction of
building footprint from 54,595 sq ft to 50,758 sq ft; Relocation of Tower 2 to the north by 10 feet
so that the buildings are not directly behind each other; Extension of the MUSP expiration date
to December 14, 2006. The PROJECT is located on a gross lot area of approximately 1.78±
acres and a net lot area of approximately 2.23± acres of land (more specifically described on
"Exhibit B", incorporated herein by reference). The remainder of the PROJECT's Data Sheet is
attached and incorporated as "Exhibit C".
The proposed PROJECT will be comprised of two towers (one at 495-feet, 45-stories
and the other at 400-feet, 34 stories) consisting of mixed uses with 572 total multifamily
residential units with recreational amenities, approximately 25,000 square feet of retail, and 741
total parking spaces.
The Substantial Modification to a Major Use Special Permit Application for the
PROJECT also encompasses the following lower ranking Special Permits:
This Permit also includes the following requests:
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, per Article 17,
Section 1701, and Article 22 of City of Miami Zoning Ordinance 11000, as amended, to
allow a change in the original application (substantial modification to previously
approved Resolution No. 00-1134) for the reduction of residential units from 605 to
approximately 572 residential units.
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, per Article 17,
Section 1701, and Article 22 of City of Miami Zoning Ordinance 11000, as amended, to
allow a change in the original application (substantial modification to previously
approved Resolution No. 00-1134) for a reduction in the number of parking spaces from
1,022 spaces to approximately 741 spaces.
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SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, per Article 17,
Section 1701, and Article 22 of City of Miami Zoning Ordinance 11000, as amended, to
allow a change in the original application (substantial modification to previously
approved Resolution No. 00-1134) for a reduction in the building footprint from 54,595
square feet to approximately 50,758 square feet of retail/restaurant.
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, per Article 17,
Section 1701, and Article 22 of City of Miami Zoning Ordinance 11000, as amended, to
allow a change in the original application (substantial modification to previously
approved Resolution No. 00-1134) for the Relocation of Tower 2 to the north by 10 feet
so that the buildings are not directly behind each other.
EXTENSION of the MUSP expiration date to December 14, 2006.
PRESERVE the Panned Unit Development (PUD) Bonuses approved pursuant to
Resolution No. 00-1134.
This Permit also includes the following requests:
CLASS I SPECIAL PERMIT as per Article 9, Section 906.6 for active recreational
facilities (including swimming pools);
CLASS I SPECIAL PERMIT to permit staging and parking during construction (to be
approved prior to obtaining a building permit from the Planning and Zoning Department);
CLASS I SPECIAL PERMIT as per Article 9, Section 925.3.8 to allow
development/construction/rental signage;
CLASS I SPECIAL PERMIT as per Article 9, Section 917.2.1 to allow valet parking for
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residential use;
CLASS I SPECIAL PERMIT as per Article 9, Section 920.1, to allow a construction
trailer.
CLASS I SPECIAL PERMIT as per Article 9, Section 920.1.2, to allow a temporary sales
office trailer.
CLASS I SPECIAL PERMIT as per Section 915.2 for FAA clearance letter;
CLASS 11 SPECIAL PERMIT as per Article 6, Section 605.3.1 for development of new
construction within the Special District;
CLASS 11 SPECIAL PERMIT as per Article 6, Section 605.3.1 for a temporary
construction fence and covered walkway;
CLASS 11 SPECIAL PERMIT as per Article 9, Section 908.2,for access from a public
street roadway width greater than 25 feet;
CLASS 11 SPECIAL PERMIT as per Article 9, Section 923.4, providing a total of 8 berth
with a reduction of 4, 12 x 35.
SPECIAL EXCEPTION as per Article 6, Sec. 605.4.3 to allow bar/lounge open to the
public within the SD-5 District;
SPECIAL EXCEPTION as per Article 9, Sec. 917.1.2 to allow valet parking for restaurant
up to 50% of existing off-street parking spaces;
MAJOR USE SPECIAL PERMIT, as per Article 5, for a Planned Unit Development
(PUD).
MAJOR USE SPECIAL PERMIT, as per Article 9, Section 914, for Increased
Development Bonus, for contribution to the Affordable Housing Trust Fund.
Per CITY CODE, Chapter 36, Construction Equipment, request for waiver from the City
Commission of noise ordinance while under construction.
Per CITY CODE, Chapter 23-5a, request of a Certificate of Appropriateness for ground
disturbing activity in an Archeological Conservation Area.
Per CITY CODE, Chapter 13, request that the City reserve credits for 543 residential
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units and 25,000 square feet of non-residential use of the Downtown Development of
Regional Impact (DRI) credits.
REQUEST that the following MUSP conditions be required at the time of Temporary Certificate
of Occupancy or Final Certificate of Occupancy instead of at the issuance of foundation permit:
a. the requirement to record in the Public Records a Declaration of Covenants and
Restrictions providing that the ownership, operation and maintenance of all common
areas and facilities will be by the property owner or a mandatory property owner
association; and
b. the requirement to record in the Public Records a unity of title or covenant in lieu of unity
of title.
Pursuant to Articles 17 and 22 of Zoning Ordinance 11000, approval of the requested
Substantial Modification to a Major Use Special Permit shall be considered sufficient for the
subordinate permits requested and referenced above as well as any other special approvals
required by the City which may be required to carry out the requested plans.
The PROJECT shall be constructed substantially in accordance with plans and design
schematics on file prepared by SB Architects, dated July 2, 2004; the landscape plan shall be
implemented substantially in accordance with plans and design schematics on file prepared by
DS Boca, dated August 6, 2004; said design and landscape plans may be permitted to be
modified only to the extent necessary to comply with the conditions for approval imposed herein;
all modifications shall be subject to the review and approval of the Director of the Department of
Planning and Zoning prior to the issuance of any building permits; and
The PROJECT conforms to the requirements of the SD-5 (Brickell Avenue Area Office -
Residential District), as contained in the Zoning Ordinance, the Zoning Ordinance of the City of
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Miami, Florida, as amended. The existing comprehensive plan future land use designation on
the subject property allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY,
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE
FOLLOWING:
1. Meet all applicable building codes, land development regulations, ordinances and
other laws and pay all applicable fees due prior to the issuance of a building permit.
2. Allow the Miami Police Department to conduct a security survey, at the option of the
Department, and to make recommendations concerning security measures and
systems; further submit a report to the Department of Planning and Zoning, prior to
commencement of construction, demonstrating how the Police Department
recommendations, if any, have been incorporated into the PROJECT security and
construction plans, or demonstrate to the Director of the Department of Planning and
Zoning why such recommendations are impractical.
3. Obtain approval from, or provide a letter from the Department of Fire -Rescue
indicating APPLICANT'S coordination with members of the Fire Plan Review Section
at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner
responsibility, building development process and review procedures, as well as
specific requirements for fire protection and life safety systems, exiting, vehicular
access and water supply.
4. Obtain approval from, or provide a letter of assurance from the Department of Solid
Waste that the PROJECT has addressed all concerns of the said Department prior to
the obtainment of a shell permit.
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5. Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the
Application for Development Approval, with the understanding that the APPLICANT
must use its best efforts to follow the provisions of the City's Minority/Women Business
Affairs and Procurement Program as a guide.
6. Record the following in the Public Records of Dade County, Florida, prior to the
issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration of Covenants and Restrictions providing that the ownership, operation and
maintenance of all common areas and facilities will be by the property owner or a
mandatory property owner association in perpetuity.
7. Prior to the issuance of a shell permit, provide the City with a recorded copy of the
Substantial Modification of a MUSP permit resolution and development order, and
further, an executed, recordable unity of title or covenant in lieu of unity of title
agreement for the subject property; said agreement shall be subject to the review and
approval of the City Attorney's Office.
8. Provide the Department of Planning and Zoning with a temporary construction plan
that includes the following: a temporary construction parking plan, with an enforcement
policy; a construction noise management plan with an enforcement policy; and a
maintenance plan for the temporary construction site; said plan shall be subject to the
review and approval by the Department of Planning and Zoning prior to the issuance of
any building permits and shall be enforced during construction activity. All construction
activity shall remain in full compliance with the provisions of the submitted construction
plan; failure to comply may lead to a suspension or revocation of this Substantial
Modification to a Major Use Special Permit.
9. In so far as this Substantial Modification to a Major Use Special Permit includes the
subordinate approval of a series of Class I Special Permits for which specific details
have not yet been developed or provided, the applicant shall provide the Department
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of Planning and Zoning with all subordinate Class I Special Permit plans and detailed
requirements for final review and approval of each one prior to the issuance of any of
the subordinate approvals required in order to carry out any of the requested activities
and/or improvements listed in this development order or captioned in the plans
approved by it.
10. If the project is to be developed in phases, the Applicant shall submit an interim plan,
including a landscape plan, which addresses design details for the land occupying
future phases of this Project in the event that the future phases are not developed,
said plan shall include a proposed timetable and shall be subject to review and
approval by the Director of Planning and Zoning.
11. The Applicant shall be required to obtain a Certificate of Appropriateness for ground
disturbing activities at the site from the Historical and Environmental Protection Board
(HEPB) prior to being heard by the City Commission.
12. Within 90 days of the effective date of this Development Order, record a certified copy
of the Development Order specifying that the Development Order runs with the land
and is binding on the Applicant, its successors, and assigns, jointly or severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date
of its issuance; the issuance date shall constitute the commencement of the thirty (30)
day period to appeal from the provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, as amended, is consistent with the orderly development and goals of the
City of Miami, and complies with local land development regulations and further, pursuant to
Section 1703 of the Zoning Ordinance:
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(1) the PROJECT will have a favorable impact on the economy of the City; and
(2) the PROJECT will efficiently use public transportation facilities; and
(3) the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment; and
(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural resources
of the City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be mitigated through
conditions of this Substantial Modification to a Major Use Special Permit.
The proposed development does not unreasonably interfere with the achievement of the
objectives of the adopted State Land Development Plan applicable to the City of Miami.
Pursuant to Section 1305 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT i.e., ingress and egress, offstreet parking and loading, refuse and service areas,
signs and lighting, utilities, drainage and control of potentially adverse effects generally have
been considered and will be further considered administratively during the process of issuing
individual building permits and certificates of occupancy.
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