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HomeMy WebLinkAboutIntent Letter & Supp DocsGreenberg Traurig Adrienne Friesner Pardo (305) 579-0683 Direct Fax: (305) 961-5683 E-Mail: pardoa@gtlaw.com August 6, 2004 HAND DELIVERY Ms. Ana Gelabert Director, City of Miami Planning Department 444 S.W. 2nd Avenue Third Floor Miami, FL 33128 Re: 1060 Brickell Avenue - (the "Subject Property") Amendment to MUSP Resolution No. 00-1134 Dear Ana: On behalf of the owner of the above referenced property, IMICO Brickell, LLC, we are requesting approval from the City of the following substantial modification to the approved Major Use Special Permit, pursuant to Sections 1706 and 2215 of the City of Miami Zoning Ordinance. The following is a list of items that will be changing with regard to the project: 1. Redesign of the facade of the buildings. 2. Reduction of the number of residential units to 572 from 605. 3. Reduction of the number of parking spaces from 1,022 to 741 parking spaces with required parking of 601 spaces. 4. Reduction of the building footprint from 54,595 sq. ft to 50,758 sq. ft. 5. Tower 2 — is being moved 10 feet to the north so that the buildings are not directly behind each other. 6. Extension of the MUSP expiration date to December 14, 2006. For your review, we have enclosed copies of the MUSP Resolution No. 00-1134, the prior approved nonsubstantial amendments, a revised zoning calculation sheet which incorporates the changes, a Comparison of the Approved MUSP with the proposed changes and a new Project Data Sheet. We have also enclosed a check totaling $5,000 for the Greenberg Traurig, P.A. 1 Attorneys at Law 1 1221 Br ckell Avenue 1 Miem4, FL 33131 f Tel 303.579.0500 1 Fax 305.579.0717 I <s°w'w.gtiaw.com August 6, 2004 Page 2 application fee for substantial amendment. Thank you very much for your attention to this matter and please call me (305) 579- 0683, if you have any questions. cc: Mr. Henry Terech Mr. Joseph Andriola Mr. Stefano Falbo Ms. Lourdes Slazyk Mr. Javier Carbonell Very truly yours, Adrienne Friesner Pardo 11M1A-SRV011PARDOA11569915v0111 FT3 R01 .DOC17/8/04199901 Greenberg Traurl AFFIDAVIT Before me, the undersigned authority, this day personally appeared Adrienne F. Pardo , who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, 0 including responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries in which case he/she should be contacted at 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she 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. Adrienne F. Pardo Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant Signature The foregoing instrument was acknowledged before me this day of 20_, by Adrienne F. Pardo who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally, known to me or who has produced as identification and who did (did not) take an oath. (Stamp) OFFICIAL NOTARY SEAL MARISOL. R GONZALEZ ,`OL RY PUBLIC STAT¢ OF FLORIDA COMMISSION Na DO1�492 MY COMMISSION EXP. S Rev. 05-14-04 5 DISCLOSURE OF OWNERSHIP 1. Street address and legal description of subject property: 1060 Brickell Avenue See attached Exhibit "A" 2. Owner(s) of subject property and percentage of ownership. Note: The Miami City Code 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 Commission. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest are required. (Please supply additional lists, as applicable.) Owner's Name IMICO Brickell LLC Mailing Address 225 W 86th Street, New York, NY Zip Code 10024 Telephone Number IMICO Brickell, LLC Gary Barnett --- 44% Leo Sptizer — 56% 3. Street address and legal description of any property (a) owned by any party listed in answer to question #2 and (b) located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address Legal Description None Adrienne F. Pardo Owner or Attorney for Owner Name Owner or Attorney for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this G2 day of 20_, by Adrienne F. Pardo is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced not to e an oath. as identification and who (Stamp) OFFICIAL NOTARY SF.A MAR15OL R GONZAI.Ee.Z NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DDD72 g MY CONfM ISSIoN FJ(p SErr 17 Exhibit "A" LEGAL DESSCRIPTTIH N�" EET OF LOT 6, IN BLOCK 100 SGUTH. 0AMENDED AD➢ITiDN �bIAML MCIREPARTICULARLY DESCRIBED ASFULLI/S BEGIN AT THE SOUTHEASTERLY CORNER OF LOT 5, BLOCK 100 SOUTH, BRICKELL'S Ar£NDED ADDITION TO THE MAP OF MIAMI, AND RUN SOUTHWESTERLY ALONG THE WESTERLY SIDE OF BRICKELL AVENUE 100 FEET) THENCE IN A VESTERLY DIRECTION AT RIGHT ANGLES VITH BRICKELL AVENUE AT A DISTANCE OF 350 FEET, MORE OR LESS, TO S.E. MIAMI ROAD, FORMERLY MIAMI AVENUE) THENCE IN A NORTHERLY DIRECTIiNN AND ALONG THE EASTERLY SIDE OF S.E. MIAMI ROAD, FORMERLY 141Ai41 AVENUE, 100 FEET) THENCE IN AN EASTERLY DIRECTION 350 FEET, MORE OR LESS, TO THE POINT OF BEGINNING ON NICKELL AVENUE, ALL ACCORDING TO THE PLAT TIER, RECORDED IN PLAT BOOK 'II', AT PAGE 113, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TAX FIII..IO3 NCI 01-0209-090-1260 AND THE SOUTH 100 FEET OF THE NORTH 200 FEET OF LOT 6 IN BLOCK 100 SOUTH, BRICKELL'S AMENDED ADDITION TO THE MAP OF MIAMI, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 'D' AT PAGE 113, OF THE PUBLIC RECORDS OF MIMAI-DAIOE COUNTY, FLORIDA. TAX FOLIO Nil 01-0209-090-1270 AND LOT 21 IN BLOCK 100 SOUTH, BRICKELL'S AMENDED ADDITION TO THE MAP Cr MIAMI' , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 'B', AT PAGE 113, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TAX FOLIO NO. 01-0209-090-1470 LESS THEREFROM ALL OF THE FOLLOWING DESCRIBED PROPERTY' A PORTION Or LOT 21 IN BLOCK 100 SOUTH, BRICKELL AMENDED ADDITION TO THE MAP OF NIAMI, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 'B', AT PACE 113, OF THE PUBLIC RECORDS OF MIAMI-➢ADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOVSI BEGIN AT THE NORTHWEST CORNER OF SAID LOT 21, THENCE RUN S.77 DEGREES 06'40'E. ALONG THE NORTH LINE OF SAID LOT 21 FOR A DISTANCE OF 7.70 FEET TO A POINT OF INTERSECTION VITH THE EAST LINE OF THE WEST 7.70 FEET OF SAID LOT 21) THENCE RUN 5.12 DEGREES 55'45'V, ALONG THE EAST LINE OF THE WEST 7.70 FEET OF SAID LOT 21 FOR A DISTANCE OF 5.00 FEET TO THE POINT OF CURVATURE OF A CIRCLLAR CURVE TO THE RIGHT) THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 230.00 FEET, THROUGH A CENTRAL ANGLE Cr I1 DEG/ZEES 16' 56', FOR AN ARC DISTANCE Cr 45,29 FEET TO A POINT OF INTERSECTION WITH THE SOUTH L1NE OF SAID LOT 21; THENCE RIJN N.77 DEGREES 06'40'V. ALONG THE SOUTH LINE OF SAID LOT 21 FOR A DISTANCE OF 3.25 FEET TO THE SOUTHWEST CORNER OF SAID LOT 211 THENCE RUN N.12 DEGREES 55'45'E. ALONG THE VEST LINE OF SAID LOT 21 FOR A DISTANCE OF 50 FEET TO THE POINT 17 BEGINNING. AND LESS A PORTION OF LOT 6 IN BLOCK 100 SOUTH, BRICKELL'S AMENDED ADDITION TO THE MAP OF MIAMI, BEING MORE PARTICURALY DESCRIBED AS FOLLOWS& BEGIN AT THE NORTHWEST CORNER OF SAID LOT 61 THENCE RUN S.77 DEGREES 06'40'E. ALONG THE NORTH LINE OF SAID LOT 6 FOR A DISTANCE OF 325 FEET TO A POINT OF INTERSECTION WITH A CIRCULAR CARVE CONCAVE TO TI-E NORTHWEST, THE CENTER OF WHICH BEARS N.55 DEGREES 47'17'W.) THEME RUN SOUTHWESTERLY ALONG THE ARC OF SAID CIRI-111 AR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 230.00 FEET, THROUGH A CENTRAL ANGLE OF 3 DEGREES 35'05', FOR A ARC DISTANCE OF 14.39 FEET TO A POINT OF INTERSECTION VITH THE WEST LINE OF SAID LOT 61 THENCE RUN N.I2 DEGREES 55'45'E. ALONG THE WEST LINE OF SAID LOT 6 FOR A DISTANCE OF 14.0I FEET TO THE POINT OF BEGINNING. THIS INSTRUMENT PREPARED BY: Robert M, Safron, Esq. Bingham McCutchen LLP 399 Park Avenue New York, New York 10022 Folio Numbers: 01-0209-090-1260 01-0209-090-1270 01-0209-090-1470 WARRANTY DEED THIS WARRANTY DEED (this "Deed") is made as of the 9'44 day of December, 2003, by 1060 BRICKELL PARTNERS, LLC ("Grantor"), to and for the benefit of IMICO BRICKELL.. LLC, a Delaware limited liability company ("Grantee"). WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to it in hand paid by Grantee, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, conveyed and sold, and does hereby grant, bargain, convey and sell, unto Grantee, its successors and assigns, certain land (the "Land") lying, situated and being in Dade County, Florida, more particularly described on Exhibit "A" attached hereto; TOGETHER WITH all e asements, tenements and hereditaments appurtenant or belonging to the Land, and all buildings, structures and other improvements located on the Land, and all fixtures attached to or incorporated within such buildings, structures and other improvements (together with the Land, the "Property"). TO HAVE AND TO HOLD the Property, and all the estate, right, title, interest, lien, and equity whatsoever of Grantor with respect to same, either in law or in equity, to the proper use and benefit of Grantee in fee simple, forever. This conveyance is subject to the matters listed on Exhibit "B" attached hereto (the "Permitted Exceptions"); provided, however, that the reference to the Permitted Exceptions will not be deemed to re -impose same. Grantor hereby covenants with Grantee that, except as to the Permitted Exceptions, at the time of the delivery of this Deed the Property is free from all encumbrances made by Grantor, and that Grantor will warrant and defend the Property against the lawful claims and demands of all persons whomsoever, NYDOCS:1121794.110794B62-Doom 14300 IN WITNESS WHEREOF, Grantor has caused these presents to be executed as of the day and year first above written. Signed, sealed and delivered in the presence of: Name: Name:/c/a / g riA (CORPORATE SEAL] 1060 BRICKELL PARTNERS, LLC, a Florida limited liability company By: GOTHAM PARTNERS, L.P., its managing member By: Section H. Partners, L.P., its general partner By: Karenina C..,. its ;eneral partner By: NYDOCS:1092937.6 NY D O CS :112179 4.1 /0 78486 2.00001143 ©0 Name: William A. Ackman Title: President STATE OF SS.: COUNTY OF `V" The foregoing instrument was acknowledged before me this v day of December, 2003, by William A. Ackman, as President of Karenina Corp., which is a general partner of Section H. Partners, L.P., which is a general partner of Gotham Partners, L.P., which is the Managing Member of 1060 BRICKELL PARTNERS, LLC, a Florida limited liability company, on behalf of the company; and he is personally known to me or has produced a t driver's license as identification. Name: Notary Public My Commission Expires: (Notary Seal) DAVID S. KLAFTER Notary public, State of New York No. 31-4751754 Qualified in New York County commission Expires' 3t 6� N Y D O C 5:1121794.1107 94 a62-0 000114 300 EXHIBIT A Property Description The North 100 feet of Lot 6, in Block 100 South, BRICKELL'S AMENDED ADDITION TO THE MAP OF MIAMI, more particularly described as follows: Begin at the Southeasterly comer of Lot 5, Block 100 South, BRICKELL'S AMENDED ADDITION TO THE MAP OF MIAMI, and run Southwesterly along the Westerly aide of Brickell Avenue 100 feet; thence in a Westerly direction at right angles with Brickell Avenue at a distance of 350 feet, more or less, to S.E. Miami Road, formerly Miami Avenue; thence in a Northerly direction and along the Easterly side of S.E. Miami Road, formerly Miami Avenue, 100 feet; thence in an Easterly direction 350 feet, more or less, to the POINT OF BEGINNING on Brickell Avenue, all according to the Plat thereof, recorded in Plat Book B, at Page 113, of the Public Records of Miami -Dade County, Florida. Tax Folio Number: 01-0209-090-1260 AND The South 100 feet of the North 200 feet of Lot 6 in Block 100 South, BRICKELL'S AMENDED ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book B, Page 113, of the Public Records of Miami -Dade County, Florida. Tax Folio Number: 01-0209-090-1270 AND Lot 21 in Block 100 South, BRICKELL'S AMENDED ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book B, Page 113 of the Public Records of Miami -Dade County, Florida. Tax Folio Number: 01-0209-090-1470 LESS THEREFROM ALL OF THE FOLLOWING DESCRIBED PROPERTY: A portion of Lot 21 in Block 100 South, BRICKELL'S AMENDED ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, recorded in Plat Book B, Page 113, of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: Begin at the Northwest comer of said Lot 21; thence run South 77°06'40" East along the North line of said Lot 21 for a distance of 7.70 feet to a point of intersection with the East line of the West 7.70 feet of said Lot 21; thence run South 12°55'45" West along the East line of the West 7.70 feet of said Lot 21 for a distance of 5.00 feet to the point of curvature of a circular curve to the right; thence run Southwesterly along the arc of said circularcurve to the right having a radius of 230,00 feet; through a central angle of 11°16'58", for an arc distance of 45.29 feet to a point of intersection with the South line of said Lot 21; thence run North 77°06'40" West along the South line of said Lot 21 for a distance of 3.25 feet to the Southwest comer of said Lot 21; NYDOCS:1121757.2/0794862-0000114300 1215l03 3:29 PM thence run North 12°55'45" East along the West line of said Lot 21 for a distance of 50 feet to the POINT OF BEGINNING. AND A portion of Lot 6 in said Block 100 South, BRICKELL'S AMENDED ADDITION THE MAP OF MIAMI, being more particularly described as follows: Begin at the Northwest corner of said Lot 6; thence run South 77°06'40" East along the North line of said Lot 6 for a distance of 3,25 feet to a point of intersection with a circular curve concave to the Northwest, the center of which bears North 55°47' 17" West; thence run Southwesterly along the arc of said circular curve concave to the Northwest having a radius of 230.00 feet; through a central angle of 3°35'05", for an arc distance of 14.39 feet to a point of intersection with the West line of said Lot 6; thence run North 12°55'45" East along the West line of said Lot 6 for a distance of 14.01 feet to the POINT OF BEGINNING. NYOOCS:1121757.210794862-Oaoo114300 INTER-OFFiCE MEMORANDUM Distribution Below ed-/—Co na Gelabert, Director Planning and Zoning Department February 13, 2001 Modification: 1060 Brickell MUSP — Option A Resolution 00-1134 Approved: December 14, 2000 Pursuant to Section 1706, Zoning Ordinance 11000, it is hereby directed that this memorandum modifies the development order for the 1060 Brickell Major Use Special Permit — Option A, by approving the changes described in the attached letter from Adrienne Pardo, dated January 18, 2001 and the accompanying plans and updated traffic study on file with the Planning and Zoning Depaiiuient. This approval is based on findings that the proposed modification is a "de minimus" nonsubstantial change to the Major Use Special Permit approved by Resolution 00-1134, pursuant to the attached memorandum from Juan Gonzalez, Zoning Administrator, dated February 9, 2001. Resolution 00-1134 is hereby amended as per the modifications listed in the attached letter and backup dated January 18, 2001 and the accompanying plans on file with the Planning and Zoning Department. Attachments Distribution with attachments: Lourdes Siazyk, Assistant Director Planning and Zoning Department Hector Lima, Director Building Department Juan Gonzalez, Acting Zoning Administrator Zoning Division Teresita L. Fernandez, Chief Office of Hearing Boards Adrienne Pardo, Esq. Attorney for applicant 1060 Brickell Major Use Special Permit File — Option A TEN SIXTY BRICKELL TOWERS PROPOSED NON -SUBSTANTIAL CHANGES NOVEMBER 7, 2001 1. The floor plan footprint change, due to the centralization of the elevator core, we added units where the previous elevator core was and increased the amount of saleable area per floor, which also allowed us to reduce the building height substantially, making the project more efficient and more cost effective. This change had an effect on the rear facade of the towers, however we have manipulated the balconies in such a way that the change is not too noticeable. 2. The change of the elevator cores to a centralized core, generated a change on the building top, where the cooling towers are now on the side towers, which use to be elevator overruns and the elevator overrun is now in the central element, where the cooling towers were. This does not have any reduced architectural effect as it relates to the original MUSP design solution. 3. The basement level was raised 36 inches to be at grade with Brickell Avenue. This does not have an effect on the basement parking bonus since it is still considered a basement according to Zoning Administrator. This was done to eliminate costly water proving and de -watering for foundation work. 4. The overall number of floors was reduced from 45 levels to 36 levels on the Brickell tower and from 38 to 32 floors on the Brickell Plaza tower. 5. An odd portion of the garage pedestal on the North side of the garage which projecting out about 35 feet from the main garage facade was eliminated and the garage facade was made more elegant and simplified. 6. The floor to floor height of ground level retail floor was reduced from 20 feet to 15 feet to reflect retail market needs. The arching front canopy on Brickell Avenue had to be flattened as a result of this change. 7. Residential units were added to the garage pedestal levels in an area where we originally had tenant storage, this animates the side facade of the towers in the lower 12 levels and has a positive impact on the presence of the building from Brickell Avenue. This also allowed us to reduce the overall height of the building substantially, reducing the cost of the structure and giving us more efficiency as well. 8. The balcony rails have been further refined and result in three different variations, which all contain horizontal aluminum rails, painted in silver paint and expressing a nautical horizontal, streamlined design. This is consistent with the original design as approved in the MUSP documents. 9. The corner glass on all 4 sides of the tower, has been replaced by masonry and stucco which will be painted to simulate the glass pattern. 10. We are showing 6' X 6' windows in the bedrooms instead of the sliding glass doors. This change is consistent all around the perimeter of the tower. 11. The second level of the MUSP design documents showed a single level of offices, this level is now illustrated as a residential floor. 12. The garage elevation was originally approved with a horizontal aluminum louver system. We would like to change the notation to read, screening system, instead of aluminum louver system. The objective would be to design a screening system that meets the aesthetic intent of the original design, while giving the developer the freedom to select the appropriate screening product. 13. On the Brickell frontage we have replaced the fountains with a tropical flora planter. 14. The unit count as per a recent non -substantial change has increased from the approved 597 to 605 units. CITY OF 3MIANll. FLOA DA INTER -OFFICE MEMORANDUM Lourdes Slazyk, Assistant Director PI i ing and Zoning Department az! an C. Gonzalez, oning Administrator Planning and Zoning De November 30, 2001 Determination of Non -substantial change In an approved Major Use Special Permit 1060 Brickell Avenue Pursuant to a request from Adrienne Friesner-Pardo of the concerning a determination of a non -substantial change from Permit, please be advised of the following. The City Commission passed and adopted Resolution No. 00-1 2000 for a Major Use Special Permit on the property. law firm of Greenberg Traurig an approved Major Use Special 134 (Option A) on December 14, The applicants are proposing a change to the Major Use Special Permit in the following manner. See attached proposed non -substantial changes dated November 7, 2001. Section 2215.1 regulates whether changes to a Major Use Special Permit are non -substantial. The criteria referenced are: A) The requested change exceeds the zoning regulations; B) The footprint of the building is proposed to be moved by more than ten (10) feet in any horizontal direction. C) The height of the building or any portion thereof is proposed to be increased by more than (5) feet or five (5) percent of the height of the building; whichever is greater, in a vertical direction: D) Any other change which, in the evaluation of the zoning administrator, has not been part of the prior application, has not been reviewed and evaluated by staff, and has a serious effect on the project proposed by the application. Therefore, after review of the proposed changes, it is my opinion that the changes do not constitute a substantial change as defined and regulated under Section 2215.1 of Zoning Ordinance 11000 as amended. JCG: tg Cc, Ana Gelabert-Sanchez, Director Planning and Zoning Department Zoning file TEN SIXTY BRICKELL TOWERS PROPOSED NON -SUBSTANTIAL CHANGES NOVEMBER 7, 2001 1. The floor plan footprint change, due to the centralization of the elevator core, we added units where the previous elevator core was and increased the amount of saleable area per floor, which also allowed us to reduce the building height substantially, making the project more efficient and more cost effective. This change had an effect on the rear facade of the towers, however we have manipulated the balconies in such a way that the change is not too noticeable. 2. The change of the elevator cores to a centralized core, generated a change on the building top, where the cooling towers are now on the side towers, which use to be elevator overruns and the elevator overrun is now in the central element, where the cooling towers were. This does not have any reduced architectural effect as it relates to the original MUSP design solution. 3. The basement level was raised 36 inches to be at grade with Brickell Avenue. This does not have an effect on the basement parking bonus since it is still considered a basement according to Zoning Administrator. This was done to eliminate costly water proving and de -watering for foundation work. 4. The overall number of floors was reduced from 45 levels to 36 levels on the Brickell tower and from 38 to 32 floors on the Brickell Plaza tower. 5. An odd portion of the garage pedestal on the North side of the garage which projecting out about 35 feet from the main garage facade was eliminated and the garage facade was made more elegant and simplified. 6. The floor to floor height of ground level retail floor was reduced from 20 feet to 15 feet to reflect retail market needs. The arching front canopy on Brickell Avenue had to be flattened as a result of this change. 7, Residential units were added to the garage pedestal levels in an area where we originally had tenant storage, this animates the side facade of the towers in the lower 12 levels and has a positive impact on the presence of the building from Brickell Avenue. This also allowed us to reduce the overall height of the building substantially, reducing the cost of the structure and giving us more efficiency as well. 8. The balcony rails have been further refined and result in three different variations, which all contain horizontal aluminum rails, painted in silver paint and expressing a nautical horizontal. streamlined design. This is consistent with the original design as approved in the MUSP documents. The corner glass on all 4 sides of the tower, has been replaced by masonry and stucco which will be painted to simulate the glass pattern. 10, We are showing 6' X 6' windows in the bedrooms instead of the sliding glass doors. This change is consistent ail around the perimeter of the tower. 11. The second level of the MUSP design documents showed a single level of offices, this level is now illustrated as a residential floor. 12. The garage elevation was originally approved with a horizontal aluminum louver system. We would like to change the notation to read, screening system, instead of aluminum louver system. The objective would be to design a screening system that meets the aesthetic intent of the original design, while giving the developer the freedom to select the appropriate screening product. 13. On the Brickell frontage we have replaced the fountains with a tropical flora planter. 14, The unit count as per a recent non -substantial change has increased from the approved 597 to 605 units. Distribution Below a elabert- anchez, Dirir%tor L Planning Depat tinent January 9, 2002 Modifications for: 1060 Brickell MUSP Resolution No. 00-1134 Adopted: December 14, 2000 Pursuant to Section 1706, Zoning Ordinance 11000, it is hereby directed that this memorandum modifies the development order for the 1060 Bricked Major Use Special Permit, by approving the changes described in the attached letter from Adrienne Pardo on behalf of Horacio Toro, Trustee, owner and 1060 Brickell Partners, LLC, the contract purchaser, dated November 19, 2001. This modification is approved as specified below, with conditions, and as detailed in the attached letter (referenced herein and made a part hereof). This approval is based on findings that the proposed modification is a "de minimus" nonsubstantial change to the Major Use Special Permit issued by Resolution 00-1134, adopted December 14, 2000 per the attached memorandum from Juan Gonzalez dated November 30, 2001. Resolution 00-1134 is hereby amended as follows: RESOLUTION NO. 00-1134 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE 11000, FOR THE 1060 BRICKELL PROJECT, TO BE LOCATED AT APPROXIMATELY 1050-1060 BRICKELL AVENUE, AND 1050 SOUTHEAST MIAMI AVENUE ROAD, MIAMI, FLORIDA, TO BE COMPRISED OF TWO TOWERS WITH NOT MORE THAN 605 RESIDENTIAL UNITS, ACCESSORY RECREATIONAL SPACE, 25,000 SQUARE FEET OF RETAIL AND OFFICE USES AND 1,022 PARKING SPACES; DIRECTING TRANSMI ri AL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. EXHIBIT "A" * DEVELOPMENT ORDER The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by BORjes and Associates, dated September, 2000, (as modified by Memorandum of Nonsubstantial Modification dated 12/12/01, and subject to the conditions specified in said memorandum); the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Bradshaw, Gill and Associates, dated September, 2000; * In order to maintain the design integrity of the original design, as it pertains to impact on Brickell Avenue and the urban fabric of the area, this approval shall be subject to the following conditions: 1. The parking garage screening shall not be eliminated, as requested; the applicant shall be required to maintain some sort of visual screen to the parking garage; and 2. The proposal to eliminate the glass corners of the outer edges of the building shall only be allowed for interior edges; the 4 outer most edges of the building shall be required to maintain glass corners. 3. The final design solution which depicts compliance with these conditions shall be subject to review and approval by the Planning and Zoning Depal talent prior to the issuance of a building permit; noncompliance by way of modification requests for these features (nos. 1 and 2 above) will be deemed a substantial modification of this Major Use Special Permit with regards to design. Upon submittal of plans, which comply with these conditions, building permits for the project may be approved by the Planning and Zoning Department. Attachments Distribution with attachments: Lourdes Slazyk, Assistant Director Planning and Zoning Depai€utent Hector Lima, Director Building Depai latent Juan Gonzalez, Acting Zoning Administrator Zoning Division Teresita L. Fernandez, Chief Hearing BoardsDivision Adrienne Pardo, Esq. Attorney for applicant 1060 Brickell Major Use Special Permit File NOV-14--2002 11:29 AM P.01 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO FROM : Distribution Below (An itabert n ez,` D t`ector Planning Department DATE HFf t:HEM-TS : FNCI C75LJPIE";r November 13, 2002 Time extension for: 1060 Brickeli MUSP Resolution No. 00-1134 Adopted: December 14, 2000 FILE Pursuant to Section 1706, Zoning Ordinance 11000, it is hereby directed that this memorandum modifies the development order for the 1060 Briekell Street Major Use Special Permit, by approving the time extension as requested. This approval is based on findings that the proposed modification can be considered a "de minimus„ transubstantial change to the Major Use Special Permit issued by Resolution 00-1139 adopted December 14, 2000. Resolution 00-1134 is hereby amended as follows: Section 9. RESOLUTION NO. 00-1134 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACIIMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLES 5, i3 AND 17 OF ZONING ORDINANCE 11000, FOR TILE 1060 BRICKELL PROJECT, TO i3E LOCATED AT APPROXIMATELY 1050-1060 Bit1CKELL AVENUE, AND 1050 SOUTHEAST MIAMI AVENUE ROAD, MIAMI, FLORIDA, TO BE COMPRISED OF TWO TOWERS WITH NOT MORE THAN 543 597 605 RESIDENTIAL. UNITS, ACCESSORY RECREATIONAL. SPACE, 25,000 SQUARE t'EET OF RETAIL AND OFFICE USES AND 1,022 PARKING SPACES; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE ANI) PROVIDING FOR AN EFFECTIVE DATE, This Major Use Special Permit will expire on December 14, 2004 (due to a time extension granted for two years on November 13, 2002). -f year frorf 1$ e eotivc date which is thirty 30) days after- • the ndo eelutien; NOV-14-2002 11:29 AM „ *t P.02 Attachments Distxa'bution with attachments: Lourdes Slazyk, Assistant Director Planning and Zoning Department Hector Lima, Director Building Department Juan Gonzalez, Acting Zoning Administrator Zoning Division Teresita L. Fernandez, Chief Hearing BoardsDivision Adrienne Pardo, Esq. Attorney for applicant 1060 Brickell Major Use Special Permit File BCm; 03-2001 14 : 28 CITY CLERKS OFF I CE 305 858 1610 P,02 32.-Lz J-00-1032 12/14/00 RRAOLUT.UN NO, v 11r 4 A RESOLUTION OR THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPFCtAL PERMIT PURSUANT TO ARTICLES S, 13 ANTI 17 OF ZONING ORDINANCE NO. 11000, FOR THE 1 060 B ,ICKELL PROJECT, A PHASED PROJECT n BE LUC:ATED AT APPROXIMATELY 1050-1060 BRTCX LL AVENUE AND 1o5a. SOUTHEAST MIAMI AVENUE ROAD, MIAMI, FLORIDA, TO 2E COMPRISED OF TWO TOWERS WITH NOT MORE THAN 543 RESIDENTTAL UNITS, ACCESSORY RECREATIONAL EPACla, 25,000 SQUARE FEET OF RETAIL AND OFFICE USES AND 1,022 PARKING SPACES; DIRECTING TRANSMITTAL OF THE HEREIN RESOL11TToN, MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIT)TNG FOR DINAING EFFECT; CONTAINING A SEV RAfTLITY CLAUSE AND PRUV.WINC; POR AN EFFECT1 VE DATE. WHEREAS, on October 6, 2000, 1060 Arickell Partners, LLC, and Iioracio Tarn, Trustee (hereinaftRr referred to as "APPLICAN '") , submitrpd a complete Appiication for major Uac Specie], Permit for the 1060 Bricke1l Project (hereinafter" rtEe.rred to as "PROJECT") pursiittrit to Articles 5, 13 and 17 of Zoning Or.'cUnanoa No. 11000, for the property located at 1050- 1060 Brickr111 Avenue and 1051 southeast. Miami Avenue Road, ATTACHMENT [ ) CONTAI tD CITY C S cE DEC 1 it MO OCT-03-2001 14:28 CITY CLERKS OFFICE 305 858 1610 P.03 Miami, Florida, arc legally decQribed on "Exhibit 8~, attaChcct hereto and in "Exhibit A", the Development Crd r attached hereto; and WC EREAS, development of the PROTECT required the istsuaneot. of a Major Use Special Permit pursuant. to Article 17 of Zoning Ordinanc: No_ ii000, the Zoning Ordinance of the City of Mimi Florida, as amended; and WHETS, the Large Seale Development Commi i t ee met on August :1a, 2Q00 to consider the proposed PROJECT and offer its inpu t, i and w-EREAS, the APPLICANT has modified the proposed PROJECT t.r, address Lhe Rxpressed technical conet%r rkut raised at said Large Scale Development C'onunittee meeting; and Wi.Lk:kt&AE, the Urban hevelopment Review Board mist on October ,n, .20f10, to consider Lhe proposed PROJECT and rcommended approval, with condition AM specified in the attached DevelopmelnL order, of the PROJECT; and Wr1L.t;EAs, Lhe miarni Planning Advisory board, at itn meeting held on November 15, 2000, Item No. S, followi,ig an advertised public hearing, adopted RtzKr,lution No. PAI3 No. 69-00 by a vote of be r n to ro (7. 01 , RECOMMENDING APPROVAL of the Major Use Special Pernc.i i. Development Order as ditanbed hereto, and W:hlkkiEAS, the City Commission deems it adviKeible and in the best interest of the general welfare cif the City of Miami to Page 2 of B OCT-03-2001 14 : 29 CITY CLERKS OFF I CE 305 858 1610 P.04 issue a Major Use Sper_ial Permit Development Order as hereinafter $et forth; NOW, THERE "ORE, BR IT RESOLVED Y THE COMMISSION OF' THE CITY OF MIAMT , FLORIDA: Section 1. The recitals and findinya crontained in the Vreanble to this Resolution are hereby adopted by reference and Incorporated as if fully stir. forth in chip Section. Section 2. A Major Ume Special Permit Deve1upmenr. Order, al.1dched hereto as "BXhibit A' and made a part hereof, its hereby approved subject to the coxidi :inns specitied in said Development Order, per Article 17 of Zoning Ordinance No. 11000, for the 1OGO Bricke13 project (hereinafter ref&r•Led to as the "F1;OJEC'r') to bo developed by 1060 Srickci1 Partner~, LLC, and iioracia•: Toro, Trustee ("APPLICANT"), at approximately 1050-1060 Lrickel l Avenue and 1051 Southe .st Miami, Avenue Road, N3 y,fli, Florida, rnr,r•r# particularly described on "Exhibit 8", attached hereto and made a part hereot , Section 3. The P oJECT is hereby approved as a pha.occi development for the conatr-uni jon of two towers whic;h include a total of 543 recidon'tial un i.s, with accessory recreational space. 25,000 square feet of retail and office uoca and 1,027 parking opaces. Eviction 4. The Major Usti Spacial Permit A p1ic:ai.i.cn for the PROJECT also encompasops the lower ranking Special Pa r rr: i.ts Page 3 of 8 00- 1 4 OCT-03-2001 14:29 CITY CLERKS OFFICE 305 05e 1610 P.05 as Out forth in the fYvelopment Order, attached as "Exhibit A" hereto and incorporated hr rein. Section b. The findings of fact set torth below are hereby made with respoct to the subject: PRO.}JEC L : a. The PROI1RCT is in conformity with the adopted. Miami Comprehensive Neighborhood P1nrr 1985_ 000, de amended. h_ 'The PROJECT is in ac:u rd with the OD-5 Zoning classificata,ons of Zoning Ordinance Nc, 11000, Ole Zoning ordinance of the City of Miami, 'lor-iO4, ae amended, c.Pursuant to Section 1305 of the Zoning Ordinance of city of Miami, Florida, [.he specific cite plan Ahtpects of tho PROJECT, i.e., ingreoc and egrer;H, parking, Coigne and lighting, utilitica, drainAye, preservation of natural Ceatures and control ut potentially adverse effee:t.re generally, have been considered and will by further Considered administretiwdy during the process ur issuing a building permit. and a certificate of occupane:y. d The PROe7ECT i m expected to cost approximately $106 million, and t'.i, employ approximately 100 workers during canstruct:•icrri (FM; the PROJECT Page 4 of 0 00-1i 4 OCT-03-1 14:29 CITY CLERKS OFFICE 305 858 1610 P.06 will also result in the creation (it approximately 79 permanent new lobs. The PRO t CT will, generate ,approximately $3 . 6 million annually in tax revenues LT., local unite of gov. r tit:r nt (200U dollars) , c.The City Cr►iruission further finds that (1) the PROJECT will have a favorable impact on the ec:cwiomy of the City; (2) the PROJECT will efficiently use public transportation facilities; (3) Any potentially adverse ef'fec:L.; of the PROJECT will be mitigated thronyii compliance with the conditions of this Major Use Opecia] Permit; (4) the 114.0T.2CT will fnv,.ur•ably affect the (Iced for people to Lind adequate housiuy rpasnnably accessible to i.Ueir places of employment: (5) the m0auCT will effzcieltly Use necessary public fatalities; (6) flit PROJECT will not negaLivP.ly impact the environment and natural Lutte.jrnes of the City; Prays 5 Of 8 60 1134 OCT-03-2001 14:29 CITY CLERKS OFFICE 305 858 1610 P.07 (7) the PROJECT will not adverso1y affect living conditions iu the neighborhood; (8) the YAUJECT will not Adversely affect public safety; (9) based on the record presented .rid evidence prJesented, the public welia:ce will be served by the PROU,;CT; and (1 c) any potentially adverse~ iEEects of the Pi20.JECT arising from rarefy and securi.y, fire protection and life safety, snlid waste, heritegs coneexvation, €:reel, rhoreJine development, minority participation and &r,iplcyirient, and minority conLractorisnbcontractor partir:Ivation will he m i r. ,mated through complidru:P with the CondjLions of this Major Use Special Permit. Section 6, The Major Uoc ypecia] Permit, ao approved raid amended, shall h- binding upon the APPT,TCANT and any succe0 rs in intcrcat , Sectiou 7_ The application ror Major Use Special Permit, which was subrnii.iied on uctobcr 6, 2000, and on file with the Planning and Zoning Delrnrr..mant of the City or Miami, Page 5 of 0 0-1124 OCT-03-2001 14:29 CITY CLERKS OFFICE 305 858 1610 P.OB Florida, shall be relied upon generally rtlr administrative irlterpretat: i Arta and is made a part hereof by a eferr7,e:r . Section 8. The City Manager is hereby directed tn inbtruct the Director of Lhs Planning and Zoning Department to transmit a copy of thist11 ilt, i un and attachment to the developers: Adrienne Pardo, Esq. on behalf of 1E}6U Brickell Partners, T,r,C, and, Horacio Toro, Trustee, 1221 Brirkell Avenue, Miami, Pl. 33131. Section 9. The Fiud i €icjs of Fact and Conclusions of Law are made with respect to the PROJECT au deteribed in the DevelQpmerlt Order tor the 1060 BrIckell Project, which is attached hert=.to es "Exhibit A" and made a part hereof by reference. Section 10. The Mojor Use Special Permit Development Order for tho 1060 Brickell Prnject ("Exhibit A") is hereby grci tad and issued. Section 11. this Resolution or in the event that any I'uytion or section of the Development Order (" Ext ihi t. A") is determined to be invalid, illegal, or unconstitutional by a rc.turt or agency of competent jurisdiction, such decision in no tttatuiPr ,affect the remaining port'itstt,y of this Resolution or Development Order ("Rxhibit A^) which shall remains in full force anti effect. Pac3e 7 of 8 00--1 34 OCT-03-2001 14:29 CITY CLERKS OFFICE 305 858 1610 P.O9 Section 12. The provisions approved fur this Major Use Special Permit, as eipprnved, shall commence and becom operative thirty (30) days afrrr the adoption of the herein Resolul. E.un- Section 13. This Major Mil? Special Permit, as shall Mxt,ire two (:i) ycare from iE a commencement and oporative date. Section 14. This Resolution shall l ecome effective immediately upon its adnpliron and signature of the Mayor.! PASSED AND ADOPTthis day of ATTEST: JOE CAROLLU, MAY013. In accordancg with Miami Code Sec. 2-38, einco trip Mpvor did not indioato tpprovat of t sir iN-izi,titsn by eignini it in the designated co pravidod, said iegtafa'• new triQctive with the tap of tan (10) tt 4 from the regardin; came, without the Mayo Eii(or Moto. Jam`. WALT8R J. FOEMAN CITY CLERI TO 20 ANn coR .EC!.'NESS: If the Mayor rived not sign thie R000lutiori, IL Hha71 become effective at Llic Pori of ten calcnder day; from the dito it was pas sea arri adopted. If the Mays: vernp, thin R000lutione IL ah i1 .p6ComC effective immicdi.tely upon override of the veto iy thy? City Commiasian, Page 8 of 8 00-1i3'l OCT-03-2001 14:30 CITY CLERKS OFFICE 305 855 1610 P.10 "EXHIBIT A" ATTACHMPNT TO RESOLUTION NO. 00- I1ATE: a.000 1060 13RI CKELL PROJECT MAJOR USE SP CJ.IL PERMIT DEV.r.LOPMENT cAD R Let it bo known that pur. urmi. i;r_, Articles S, 1:3 and 17 of Ordinance rJo. 11000, the Zoning Oa:dindiite of r.he City of Miam., F1ur•ida, as emended, (thc `'Zt ning Ordinance") t_hr? Commission of the City of Miami, Florida, has conaidcred in a public-_ 1IHtrinr3, the issuance cat a Major Use special Permit for the 1060 Brir:kt411 Pro' cct (hereinafter referred to as the "PROJECT") to be located at approximatcly 1050-106a Rricsk.ei1 Avenue and 1051 Southeast Miami Avenue Roast, Miami, rlrrida; see legal description on "Exhibit E" , accachocl hereto and mmatir. part hereof; said iogai de sc': r I Lion is subject to any dcdicrtLions, limitations, xestriutions, reservations or eacemcnts of record. After due consideratiuu of the recommandationo of the P1anni icy Advisory Board and after due consideration of the consistency of this proposed development with the Miami comprchcnaive Neiyhhnr'hood Ilan, the City Commission has ,gproved the PROJECT, and oubj ect to the fr rl lowing condition° approves the M,,s j r.sr Use Special Permit and hereby i!'i7 T; +t3 this Permit; iOL i84 OCT-03-2001 14:30 CITY CLERKS OFFICE 305 856 1610 P.11 FINDINCta OF PACT PROJECT bE;CRIPTION: Me proposed 1060 Bric:kuil Project is a reeidcntia1/mixed use development to be located at. approximately 1050 .10G0 Briukell Avenue and 1051 SE Miami Avelii/H Road, Miami, Florida; ("PROJECT") . The PRCL7I,;e:•i' i? Located on a yrosR lot area of approximately 2.23 arre,q and a net lot area of ippruximately 1. 7s acres of land (more speuitically desaribcd on "Exhibit. to, incorporated herein by ref -ri uce)_ The remainder of the PROJECT'? VITAL DATA is attached hnr-atc as ,'EXHIBIT Cm, and incv'pu.cated herein by reference. The pz•upn.pd PRO0. C"T will consist of t.wn Lowers, with no more than 543 rest rlwclL iaJ. units with accessory recreational space, 4b,000 square fe L of retail and office uses. The PRoL7F c'r wi11 also provide a total n r 1,022 parking spaoes . The ownership= operation and m ihtanarice of common areas and facilities will be by the property owner or (in the case of the property being converted to condominiums) . mandatory property owner associatiuu in perpetuity pursuant to a recorded Declaration of Covenants and Restr ir_tions, The Mi jrr use special Permit Apirl.ic:ation for the 1060 Brickeli Project a1-n encompasses the follcwiiiy lower ranking special Permits; Page 2 of 12 OCT-03-2001 14:30 CITY CLERKS OFFICE 305 858 1610 P.12 CLASS I SPECIAL PRPmIr as per Axticlo 9, uection 906. Cur trlk.ive recreational facilities (includiiic swimrnin5 pools); CL S I SPECIAL PERMIT to permit staging and parkins during uunst.ruction (to be approved prior t.o, ustaining a building permit trom Planning) ; cmZ.SS I Sk'ECIAL PERMIT as per Art. i ulr_ 9, Section 92$ . 3 . 0 to allow development/oun unction/ rental eignage; rr,kss I SPECIAL PERMIT as per Aut.isle 9, Section 917,2.1 to allow valet parking fnr residential uoc; CLASS I SPECIAL PERMIT t'It per Article 9, Section 920.1 La allow a covet rust i nn trailer; CLASS I SPECIAL PERMIT ,is per Article 9, Section 920_1.2 to allow a Lempnrary sales office trailer; CLASS I SPECIAL 'PERMIT as per Section 915.2 for FAA clearduc:e 1Prter; CLASS 12 SPECIAL PF?7MIT as per Article 6, SecLinn 605.3.1 for development of new construction within the Special District; CLASS II RPECIAuI.. P1=:ItmIT as per Article e, Section 605. 3 .1 foe a temporary construction fend: mrld covered walkway; Page 3 of 12 00-1134 OCT-03-2001 14 s 30 CITY CLERKS OFFICE 305 858 1610 P.13 MASS II SPECIAL PERM,L'i' at per Article 9, Section 908.2 for - access from a public street roadwny width greater than Jb feet,; ULASS II SPECIAL PERMIT as per Article 9, ectian 923.4, providing a t.crl.i41 of 8 berth with a reduction of 4, 12 x 35. SPECIAL EXC:FPTION as per Article 6, Sec. O05.4.3 t.c, Allow bar/lounge upon, to the public wiLhin thR SD-5 District; SPECIAL RxCEPTION as per Article 5, Sec. 917.1.2 Lo allow valet parking for restaurant. up to 50% of existing off street parking spdek..s7 MAJOR USE SPECIAL PERMIT as ppr Article 17 for development of 043 reFii0HuLiml units. MAJOR USE SPECIAL PERMIT as per Article 17 for parking ,structurR_ oC 10022 par}C1.119 npacce. MAJOR USE SPECIAL PERMIT as per Articlo 5 far CL P1annr.0 Unit Dr�vr.l.cipment MAJDit USE SPECIAL PRR.MIT as per. Article 9, Section 914 Incre,Red Development Bonus. PER CITY CODE, Ctiapr.ar 36, construction Equipment rrtq,.xest for waivE?r• from the city Commission of noisR ordinance during construction. Page 4 of 12 OCT-03-2001 14 : 30 CITY CLERKS OFFICE 305 858 1610 P.14 PER CITY CODE, Chapter 23-5a, request of a Certificate of Appropriateness folground disturbing activity in an Archeological. Conservation Arca . PER CITY ronR, t7hapter 13, request that tha City reserve credits for 5,3 recidential units and 25,000 square feet of non residential uee of the Downtown Development of Regional Impact (DRI) credits; REQUEST that Lire following MUSE) conditions be required at the time of shell permit inotcad of at issuance of foundation permit: a, b. c, the-. r rJrju1Lement to provide a Solid Waste department; and, the requirement Lo record Declaration of Covenants and letter of assurance for the in the Public Records a Rootrictiona providing that the ownerahap, operation and maintenanr. rf all common areas and rar,ilities will be by the property owner or a mandatory property owner association; and, the requirement to resold in t_hP Public Record a unity of t i t 1 r+ or covenant in lieu of unity of title. Pursuant to approval of the considered referunc:ed Articles 1 ! :cud 17 of the Zoning Ordinance, requested Major Use Specai Permit shall be sufficient tor the subordinate peLmiLs r€quex ted and above aS well as any other opccia1 approvals recuirr0 by the City which may be required to carry out the requested plane. Pare 5 of 12 OCT-03-2001 14:31 CITY CLERKS OFFICE 305 858 1610 P.15 The FROJECT shall be constructed sulatanLidlly in accordance with plans dud dRni n schematics on file prepared by norges and Associates, dated September, 2000; the landscape plan shall hp. implemented substantially in amorda.nce with plans and design schemmbiCs on file prepared by Bradshaw Gill and Associates, dated FRptember, 2000, said design nric3 landscape p1anc may be permiGLed to be modified only to the extent necessary to comply with the (:ur.ditions for approval imposed herein; all modifications shall subject to the review and approval cif' the Director the of Pla piny and Zoning Department prior to the irsr u? nce of any building permits. The PROJECT conform8 to the requircmcnts of the fin-5 Zoning District, ac contained in t'.} cP zoning ordinance. The existing comprehensive plan. future land use designation on the subjeuL property allows the prop©sr:rl Unix of residential and commercial uses. CONDITTONS THE AFPLTCANT, ATE SUCCEI;&JOP;, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR. TO THE ISSUANCE OF ANY HUILr?TTQG PERMITS r SHALL COMPLY WITH THE FOLLOWING: 1. Mr•..L all applicable building codes, .land development regulations, or'dir&nce4 rsd other saws. Page.. 6 of 12 OCT-03-2001 14:31 CITY CLERKS OFF I CE 305 858 1610 P.16 2. Pay all applicable fees due prior t:n the issuance at a building permit:; and pay DRI fees required to reserve development credits within GO days of the effrr:l. Lve date of this Renoiution, 3. Allow the Miami Police Department to r:utuiuct a security survey, at the option of the Department, and to make recomrnendat: icyrrrl concerning security measures and systemra; Further submit a report to the PlMrrning and Zoning Department, prior Lu commencement et construction, demonstrnt. i r.tu how the Police Department recotrmenddtinnr , if any, have been incorporated into Ll,e PROJECT security and construction plans, nr demonstrate to the Director of the Pi.rinlucj and. Zoning Department why such recommendations are impractical. 4. ObLi i.0 approval from, or provide a letter from the Department ofFire-RRm uce indicating APPLICANT'S coordination with members of the Fire Plan Revi riw Section at. LIre fepartment of Fire Rescue in the review of the scope of the PROJECT, owner re l? nsibility, building development, process and review procedureo, as well a4 specific requirements for tire protection and life safety Eyotcros, exiting, vehicular seeeea and water supply. 5, Obtain approval from, or provide a letter of aesurancc from the Department of So1ir! Waste that the PROJECT her, addressed all E:rjricerns of the amid Department pLitar to the obtctiwn nt of a shell permit. Pace 7 of l:,4 t, 0--1134 OCT-03-2001 14:31 CITY CLERKS OFFICE 305 850 1610 P.17 Preparrt. a Minority Participation and Employment Plan (including a Contractor/Subcolrcl_crr Participation Plan) to hhrii i i l ed to the City' s Director of Equal, Employment Opportunity for review and comments, with the anti r:5La.rrding that the APPLICANT rut, use i tR hest efforts to follow the prnv;N;rangy of the City's Minority/Women Business Affairs and procurement Program as a guide. 7. Record lice following in the Public Records of Dade County. Florida, prior Declaration of Lhe ownership, to the issuance of a ahr11 permits Covenants (a) a .i,d Restrictions providing that operation and maintenance of ail cnmmou areas and facilities will be by Lhe property owner or a mandatory property rmwrler as$ociation in perpetuity; (b) a cer. ti fi ed copy of the development order specifying t?inl. the Uevelopmcnt Order runs with Uhe lard and is binding on the APPLICANT, successors, and assigns, jointly o.c- severally. 8. Prior to thr 11,1suance of a she11 permit, demonstrate Lv the C'i i.y that the w.'QJECT has either; (a) completed its condominium requirements and has been approved for ouch by the State uL F1nrtda; or (b) provide the City with AO executed, recordable unity of title oc c:uvenant in -lieu of unity of title agreement. rr.rr the subject property; said agreement, 5ha11 be subject 1..he City Attorney'o Qtfice. to the review and appri,v.,1 of 9, Provide the Deparr.ment of Public Works with plans fear. propmr_d sidewalk and owa1e area improvements for itS review and approval. prior to LitH issuance of a building permit. PagA R of 12 ii0 l.k i4 OCT-03-2001 14 : 31 CITY CLERKS OFFICE 305 858 1610 P,18 10. Provide the Planning and 2oninq Department with a temporary purkitI9 !diem, including an operational plan, which addresses construction employee parking during the construction period; said plan shall be subject to the review and upLir;r vkil by I. hf,i 7a:n i r'ry nrpar mi-ent prior to the issuance of any building permits and shall be enforced during construction activity. 11. pursuant to the JJeparttnents of eire--liescue and General Nervices Administration, the roof area of the proposed structures shall be maMe available rn r.hp City of Miami fnr any nccnssary communication° equipment at no charge to the City. 12, The applicant shall retain the services of an archeological consultant who will be responsible for conducting archeological monitoring of all ground disturbing activity an well ac the oubccquont recovery of artifacts. Said coil ulLaaL aha11 WULX aL Llie direcLiuli QE Lhe Miami -Dade county Archeologist arid shall provide rsporte to both that office and to the City. 13. Pursuant to the condition from the U.Uww, the Alivi,4 .AN'i' °hall submit final design details, depicting the square grid to be the mirror iragR rm both 1n, i 1 r31 rrcy reic,gdm i (rL,r; upper levels denly) , as well as :Final landscape and lighting plan, to the Director of the Planning and Zoning Department for review and approval, prior to tht' i•�;1, [rE:r. tit building permit. Paige. 9 of 00-1:tS4 OCT-03-2001 14:31 CITY CLERKS OFFICE 305 858 1610 P.19 14, Prior 1.0 the issuance of a shell permiL, t.hP APPLICANT shall submiL ari interim plan, including a 1andscapt plan, which addresses deeiyn c3Rta11s for the land occupying Phasc4 II of this pro -cat in the evr+rli. that the future phase is t cat developed, said plan shall ii c 1 rde a proposed timetable and ah. ?.1 be subject to review and approval by the Director of the Planrl i ri,j and Zoning Department. 15. Prior to the lasuance or any building permits for th1~ future phase of this project, r.i,,a applicant aha1.0 conduct an updated trartic study that shall for mitig.rt ,inn. .include recommendations l6. Prior to the issualroe of any bui.lc{inq permit6, prnvida Director of the Planning and Zoning department with wudified plans to rcfle?t the !limber of parking spaces depicted nn the zoning data sheer. (by increasing the parking decks by one level.) THE CITY SHALL: Establish the operative UatR of this Permit as being thirty (in) days :from the date of ir8 issuance/ the issuance date slial] constitute the oommencefMrrt of the Page 10 of 12 o[1"`1 L94 OCT-03-2001 14:31 CITY CLERKS OFFICE 305 B58 1610 P.20 thirty (30) day period to appeal from tht provisions of the Permit. CONCLILSTONS OF Law ThH 1060 8rickell Project complies with the miama. Comprehensive NriJhborhaod Plan 1989-2000, is consist.Pnt_ with tho orderly development and goals Qt the City of Miami, end complies with local land development regulations and further, pursuant to Section 1.701 of the Zoning Ordinance: (1) the PRO,Jk;c'1' will have a favorable impact on the economy of the City; drsd (2) the PROJECT will efficiently nHe public traneportat,ivn taeiliti.es; and (3) the PROJECT will favorably affect the need for people to find Adequate hnnsing reasonably accessible LQ their Oacee of employment; and (4) the PROJECT will efficiently use necessary public facilities; and (b) the PROJECT will Heil. negatively impact the environment and natural resources of the City; and (6) the PROJECT will not, adversely affect public safely; and Page. 1.1 of 12 vO- 134 OCT-03-2001 14:32 CITY CLERKS OFFICE 305 858 1610 P.21 (7} the public welfare will be served by the PRC).lPICT; and (a) any ji Ler.ttially adverse eefecto of the PRQJECT will be mitigated through conditions of this Ma jor Use Special Permit. The proposed dcvclopment does not unreasonably interfere with L.be achievement of the objectives of the ad 'tmd Slate Land Developmerri.. Plan applicable to the City of Miami. Pursuant Lo Section 1305 of the Zoning Ordinance No, 11000, Cho specific site plan e pec:t_s nf, the PIW4gCT i.e., ingress and egress, offetreet parking and loading, refuse and service area+, Sigrir; and lighting, utilities, da:ainagr and control of potentially advezee effecto ,goncrally have been uons iriglred and will be furthr%r considered adminiotratively during the procpRa of io uinq individual building permits and certificates of Occupancy. Page. 12 ur 12 OCT-03-2001 14132 CITY CLERKS OFFICE 305 858 1610 EXHIBIT "B" DElarprpya ` 4:6-Wiz sic :ru�r t ats At ,s "'°wm .nnrr= aT T/t 7 ThCAMI.Y NOM Or LdIT 7. 100 SUM at_ Wit+ �c 'S AMMO A WOO TO ill[ Rai 111r WK. MN VP 1, ALCM lie li+ .? =AC : ' IRSO E.6 AVONJI LG0 F T a f I A YETTEAL' Ntb'TO31 AT NY A30.ES b n. iTit'i U.L f1X AV�ar A AIVX Or Nil MT, POW OR 1.1=L Tt7 > +RANI >t4ap, PLPOi3tLT IQAFq AvfNuei T1lf.TCE 7M A mOITIANLT 7I7l1L2:TZEN ANQ Alxvid 1-PE :77tC Cr LC. 1lLA14 *GAL iNtra1IL.T Avast, lT1a M71 T M= 1,1 A1t CAi7IB.r NUM Sanee A Lett 113 744 POW Or �T S 1 i 1 ii cr THC Mal= a' P r nano. TAX Fa.S 1ii aL-0126f-C7i-1 Aim riC lC1tOw T1K + a+it1 area rar cr tor c a 2U3tx 3Q0 �trs1 IPLONZLI.I APIN iCi Am7TMN TO THE 11Al Of MCAtd. O NC PLAT *i AS id: '3^ Ar raLL . Er TiE PL1L.t: Q' +'1 4 -gaz mum. rAl1 FR..13 isk la-ls-van.tsn A+r� • L iiT GT I� il- Or4C alms, s NOW' &NTT i Ta R[ flip Lr ismer THE PEAT 113302C: er Paira•AlIL1C TPLAT C T. AT MGZ Sti ria rO611 at-N»-411q.i4 LLtOS Ti1EIOttNl ALL u" n YIILnVDIC =tam Ptdk(4i• A rldlY7al ar Las C T11 suIN ttyl S<;JTti. 104042.1. AMMO AnY>714 ra T1+C __ Cr K►.O% AMMON TO THC PLAT i7 of . exam be RAT amic AT PAC L1a. cs Tog Pumuo NOOK CI WiN4I-SW24 OELI+Tr. TURN% XIN Mier m r et.LA ILr szaraita As taurvr. iC= AT T)C tasna,rurr caPPICIUN L m tk PAN F77 '6ErinEEs AlyaCeE PE.NIS rHC Pain Lae Of MUD OrnalemOnto lrslil TII€ EMT LAB L�RflC VIST ' ,r S wr POW Cie Teamace NUM OF Gott AutoT i PoW UNEr ta.Y ruiC cr. it =VC 7'b IMMO fm earn TWEE kP T AL RC mg WP £AJ C0a11. 1R RAM TO t1AR Zr. fir as A= =WAN c 4 gIQT. r T A POINT 17 ifIT . i Crut AMU �GSOUTH t.Tllf+i 6f SAi7 UV TFCG't ALw An ytslrtlezi M 4i &Lend Try act.n14 Lair-cr S+1itJ urr Ii :TO A IIl=T R ` 347 MT lit Tie fiWJf etsr cLAWR is TAIX L. T a*4 tiZITAACE cr.SOP4TTO13l[P4TCrr. UNC p"sAtyLdtT EtrMA AND Liss A a$1T'.>7I 0; LAT 4 In iluai LEQ shill, ILLt A7€I= =ITTh 717 Tic WIP Eat' 'OAK. Aux: mar AMTTraosA4Y to mwoca .1.; RpLiliikii MIEN AT TM 11CORifdrCr CplLett it SAM I.ZIT di TWICE *1:i ,?? atY74:'!'.1' 1wo% i t brill L.NC w sAra 11ii i 131 A 7As1'Aics illy 1. PEEr TO A rum or vTTH A Rillccr.AR CisiVE C. Give w r1 +CRTLtVETT, Me W'/7ia Cr locer. sr-k xa3 =MT 47+t7'v.+ TheinCALH Sarrlfifigrftej Itid'd TIC Arc or tM etkrIArM Mawr OAK TV alit Icarr irtiT 144V1}4 4 AAA CV „, m RCrT * A crienuq. max ar d =I ES S3'tt '. r411A ARC CttTA?Ct Or 14 7! MT ID A fr 17 WrI7MCCTIE14 YTllt rnt vvSr t.24C ar ;Art LOT 6i tIDCC Af.N r �is DEWEES ',AVE AUK Tic seen" L04." er sA(a ' t Ft A awrmgz 17 1441 r'CCr Tt7 114C r4771T C w_cu A: 00-1434 P.22 OCT-03-2001 14:32 CITY CLERKS OFFICE ++t.rw1.+I1;11 f or Itlfl Vt:l. 0, ,,VVV PROJECT CRITERIA- ZONING I SETBACKS / OVERVIEW SITS 305 858 1610 P.23 OPT1ON.A EXCLUDNG THE DOMINICAt4 CONSULATE j_ZQNING Warr—. NET LO r AREA "W - • GROSS COT AREA i WEN SPACE BUILDING F OTsWNI 20% P.U.D. 25%AFF6Rd HOUSING • uNopRokuu----riniONUS GROUND LEVEL RETAILr BONUS MR1L A,R. REQUIRED/ ALLOWECJ SPECIAL G1STRICT 3 iSf].sj 1514 of O.L.A. kE{J 11.573 O. RESIDENTIAL 4.75 x G.L.A717,W11 4T3,078 Af; 214 of GlA 82,615 S.L i66i1,807 COST OF BONUS 103,260 tr. I• F A.R. BREAKDOWN FAR. ' NON -FAR. PANG; TOTAL 1 ti,030 5.F.11,e =12,00Q el 26,000 AL(3) =15,0044.E .rI621.. V1 PROVIDED PR 77,632 NSF 97.12$ OSP 23,23 Lr (9014 A1,506 PHASE 1 1.AUILDING FRONTAGE' E AVE B.E. 1st AVENUI- $6 e . s.f, len ithr! 25.000R1 PHASE 2 300,886 LI, 7;7,748 u• 46.611 L 317240 t 1 375,O1k1 + 309)385 s TOTAL PAR- PROVIDED:.ES4,II/LI $ F. PKQVk D 30"-Er L`BUILDING IiEI rrs REQUIRED/AILOWED PROVIpEp PAKIONG 177- % of Mex. Tort} 13 ^ ' RESIDENTLRL TOWER - PnA-sE 1 Nv Hares Itsritttbris RESIDENTIAL TOWER 'SETBACKS BRt Lt 1� _ I 3E 131 A'VEt1UE R INTER YARD ORtH NTERIORY I II i' 11114.,.e;7; Me Gw-0 4 r `PROJECT PROGRAM RESIDENTIAL ,, RECREATION I I TON. I r.1-'7-1, t:1RC rIQN UOVER WALKWAY M4 HJ Plaki1L1ibS1nrimi REQUIRED/ALLOWED • 0'-0' 15-0' PHASE 1 4114 PROVIDED VARIANCE Nene 10[loptr• 106,070 el 15.500 af. 366,510 T. 4. 0R114f. None Pro PHASE 2 16,E 248,060 a,f. 3 E001.I 13,200 cf. 34,240 9.f. PAGE 1 Ten Sixty 8rickell Project Data Sheet 37,2404.1 1,0002,E 31..,760 4.L 00-1134 CITY CLERKS OFFICE 305 858 1610 P.24 OCT-03-2001 14: 32 ' UNIT BREAM/OWN 1AFT1101004•15441 tour Ire STUN01.00T oso 10ATII 1 MTh 1 OE{O, r OAt x 6+ G1 � �sf F1 itla 0E0,1 BATH 2 4, i OATH Ff, sea QO0 34 01 000 PHASE 1 (4S FLOORS EASEMENT) mcosomoa Pna'Ogir Mae 00011100 24 1Y21 2041 A 4 4 TQT41,/ 7GTOL9tifT, 0 0 0 0 2 0 1 4 0 v v a a 4 0 4 24 4.240 1r 4 402 1K11.+ I0 23s00 IN22- 2 PHASE 2 (37 FLOORS + BASEMENT) 0.000 tLvos M 0.00+ 0 2 a u thM ifll 10TtV, I 121 GF 4 0 0 0 0 4 0 0 1 >6 17,200 ,.n. 11 2 0 1 r,100 7,1ts— 1 ca 1.1 N t 1 Ct t1. 3 oA2 0E4, 0 max 13 AIL 1,202 1,110 0 I 2 7 a` 4 a 0 2 a 0 14 a 40 27520 1 N 11. r 47,400 is 7r Ka/ 444ru•1aa WO ia• 11 IL$4 1164. 1 0 0 2 4 1.500 AL • 1 UNIT golly 2 LEVeti (STUDIO.% 4 a 1 2 0 102 14 0 2 km 4t.. 1 1 a 0 10rubn FT. 777etwel1A,y i 2,000 1 A [. 74 24 21,1 2 Q a 0 I 0 0 2--- a 0 2 a" 2] 0 a 04 1,101 0F1. 4 0 0 4 4n 0 2 a a 0 3.100 rxt0.'4 20 IT20a 7xy• y 10 41.aai ARM- i 00 29.424 1 S10 ag 21 32.422 2021+ 4 M '+0.240 1 X41. Y 2 a 'PARKING OREAF GOWN r41.1944111140er Pt4AS 1 MO1QLCIT 511.130LOfT GI 14EG,164i11 L1 10f�1 MA AIN 1�u16T4 lI mum u ItHl.NOUN c 211(1,1UM p2 21241.07 AZ. 1'11,} 1 d1 1 14 Ax1 rx2. 1 PHASE 2 CODE sEy7f Mpn UUnitsagt ij 414(44 td0. 0I ri0d fspanapar 64,412sa / i 0u4 o PROTOTJECT Purace! $0600m � sP#ca para&q uuHUM'tl +t to u+r 10 1sP+ Spam plc dw+ a¢M+1r II n twos to 20 18pma per 641fny z+ u.r a x X of* sA 20 1 bp11ee pOt *mama 11 L'Nlt ti J 10 7e V411 70 7 sa t t Spam oaf twolOnti m 7n n to N0 >R L•rI +2 IX 1Space pee doing 24414 2A 12 X1.1014 21 1 S0000 Per QYrailinQ 44 Y+a - u 44 W 41 crk. 41 45 1 Pingpawa4n1r 4Lk 1 A tttdl 2 i spa% Par oohing Iva 2 tlG moit09£011104441 11rUP@1016% = (C4 2 122174 • cc l TVA 21 DX c POW SQewIgrdivan; nom 1 SP0' a P4r. (rt011u70 14�urs 11 it alorb 10 7x 10114X la 02 80* 2 304 TVT, . TDTAL 146 TpTA{, 400'1g1M 12,5Q0 a t, 41 RETAIL @ SIT) s 1!CAR a 16 CARS RagnAnt101 Units (3Q4 UA114) . 480 CMS TOTAL Coi s PROV1DW - 504 CMS 12.500a.f.nr14ETAR.d3t'ieeLtiCLAR: ioCARS lkok 4Ati01 Una (245 Link) = 98@ CAF0 TOTAL CAR.R PCIOVI = 416 CARS TOTAL O1a CARS PARKING GARAGE• BASEMENT : 62 CABS UPPER PECK 97 OARStL6VEL X 10 •8T0 CARS TOTAL GARAGE • 1,012 CARS UIREDIALL©WED PROVIDED vv. t3Iz0500-O'ton 100,0004041.C904,L 14,'tho 1:a 420ElvT 2 1v4xz4�r PHASE g g 34H:E8s s t s 41e941 Ir-0102-0' GAn.250.000 i 300.002 21 tr7loVmCO M Pr1A5e Class II permit e,laws reduction in berth size from 12'-D' x 35'-0' to 10'-ft' x 20(7 PAGE Ten Sixty Brickell Project Data Sheet 7r1TPJ P . P4