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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 November 15, 2004 HAND DELIVERY Ms. Ana Gelabert Director, City of Miami Planning Department 444 S.W. 2nd Avenue Third Floor Miami, FL 33128 Re: Revised Letter of Intent South Bayshore Tower - 1390 Brickell Bay Drive (the "Subject Property") MUSP Resolution No. 02-1065 Dear Ana: On behalf of the owner of the above referenced property, South Bayshore Tower, LLLP, we are submitting a revised letter of intent. This application is requesting approval from the City of the following changes to the approved Major Use Special Permit, which we believe are substantial changes 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, The addition of .19 acres of land which is adjacent to the approved MUSP property. The additional land is being used for a parking structure with ground floor retail. 2. increased the number of residential units to 364 from 347 in the original approved MUSP. 3. Decreased the number of parking spaces from 514 to 501 parking spaces 4. increased the floor area to 447,989 square feet from 338,809 square feet by adding 17 residential units and approximately 9,486 square feet of retail. 5. Increased the building height from 39 stories to 47 stories. 6. Increased the retail from 11,902 S.F. to 21,388 S.F. N 4 PM 1:53 7. Reduced the parking podium by two floors. 8. Approval of a Class II Special Permit for the reduction in size of one loading bay from 12 x 55 to 12 x 35. Greenberg Trau3g, RA. I Attorneys at Law 1122 € Brickell Avenue I Miami, FL 33131 I Tet 305.579.0500 I Fax 305.579.0717 1 rravw.gtla v,cor November 15, 2004 Page 2 For your review, we have enclosed copies of the approved MUSP Resolution No. 02- 1065, an approved nonsubstantial amendment, 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 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. Very truly yours, Ci Adrienne Friesner Pardo cc: Mr. Kenneth Baboun Mr. Carlos Olmos Ms. Suria Yaffer Ms. Lourdes Slazyk 11M1A-SRVO11PARDOA11567224v0111 FQFZ01_.D0C17/22/04199901 1 2 2 2 F A SOUTH BAYSHORE ZONING ANALYSIS for SD-6 LOT AREA (GSF) FAR RESIDENTIAL USE 2 (GS F X 4.25, 62,943 267.508 C/D LIJ z LSI Cs 0 r-- rr) 0 6 w w 0 •Cs CD 2 ce cr) 52 D- r-- 0 -17 cc SOUTH BAYSHORE FAR DISTRIBUTION APPROVED 2002 MUSP PER RESO 02-1066 APPROVED NON- SUBSTANTIAL ANENDIVENT ' PROPOSED 2004 AIVENDIVENT RETAIL SF LOBBY SF 11,902 5,197 11,706 6,000 21,388 1,843 RESIDENTIAL SF 321,710 321,710 429,758 TOTAL 338,809 339,416 447,989 SOUTH BAYSHORE FAR CALCULATION APPROVED IN MUSP ADDED CORNER SITE GROSS LOT AREA (GtA) 50,318 12626 ALLOWABLE FAR (GLA X 4.26) BONUS CALCULATION AFFORDABLE HOUSING (1.0 X GLA) RETAIL FAR BONUS (3 X RETAIL GSF) • UNDERGROUND PARKING tEST 30,C00 GSF) 1,5 FAR GSF <0.5 GLA CHLDCARE 39 FAR GSF INCREASE <0.5 GLA PROM/UV TO PEOPLE FOY:NEN PUU (20% FAR) BONUS TOTALS BONUSES + TOTAL FM GSE PROPOSED TOTAL FM SURPLUS FAR 213,652 PROPOSED COMBINED USE BONUSES 50,318 35,706 0 0 42,770 128,794 392,646 338,809 3,837 53„656 NiA .. .. . _ . ...... ... .. „.„ ... . . _ „ ... ..... . . • • . - . .. - . . - - • . ... . . . .. .. . . . .. ... ... . .. . . . ... . ..... . ..... .. .. . . .. .. . . • - ....... . . .. . - .. . . ..... . • . .. .. . . .. . . . .. .. ..... : . • • • • • • . - . ... ... . . . . .... . ... • . .. . . .. . .... ..- . • . • • • • • • ..:........................ ......:....: . ..................H. .......... . . . , ... ...._ . . . . , • • • • • • • — • .. „..., .. ... . . . . . . . . . ... . ... .. ..... ... . . . .. • . . . .. . . . .. • ... ... ... . . .. • • • .. . . . ... . .. • .. . . ... .. . . .. . ... • . . . . . . .. . .... . . . .. ... . . . . . ..... • . .. .. . . . . . . . ..... . . ... ... .. ... . . . .. .. .. . . . ..., .. - . ... . ... . .. ... • • .... _ ... .. . . .. • - • .. . .... . .. . . . . • -- .. _ . . . . . . . ._ .. . . . - - - - . • • •• - • •• - • • • .. . ...... ... . 5) iEVISi•: D DESIGN 62,943 267,508 ROPOSED MINED USE MUSES 62,943 64,164 0 0 53,502 180,8i]9 448,116 447.989 127 ;S' C JTH BAYSHCRE 3:Nti3ANALYSIS ATICIAZOIVLISP PER RESO(VMS sussronav AllitEIVENT10fl3 p tivecheiroo4 KIVE 31OH11J3P5 NOLIVIT 38 40 47 fdptQiT utorrAirts4 4X1'-11" 439-c 47T 'UT GPIN SAVE 15%CLA(Q441 SF) ! 7,872 7,872 9,721 EULCINSFEMPRNT RTE COMALUNITS (Netl_ct -Cpen Space) 33E70 SF !, 27,050SF 27033 33393SF 9 0uitstnetaae= 494 UNITS 347 334 wogE:S EFICKELL C 1txiLe.e1=23-Q' 27 4taries Fain 4-0'TP2[30' 1kries Fran 144PTo2J-7 Varies 2C1-07a24-4' Ma ies Fran 213.0`To 24=4` SICESETEPOTS S'E14111ST E cwx1 Lief =15-0 Lippe-Les=16-0' Varies Au 7-4`To 11 5' Manes From 4-4 To10-4' Varies Fran T-4 To11' ' Varies From 4-T'To 1W Varies Fran 7-4"To 11'-6' \Aries Fran • 4-4" To 10-4" REARSEI@I. KSE 131HsT(GHG 2E62 fYLISPAPPROVAL) Grand Leal =15-0' 0-6' Upper Leas =15 Cr t3-TS' 8-S FEORMIEVOCW 13THST(MR (XII ER WARN SLEST. &wnd L.eI =15'-[T Upper Leeds=15.0"' NA 15-0' 15-Q' Wes Ru 1 t Upper Les=150 53 Ta134 �ikries Fran 5-XTo 151P NA SICEINTSEMOCK G•wnd a =15. 7 1 5-3" Upper Le.es =15-13" 15 tT 15-0' NA SWaS CFI:STREETL 447 514 4Ti 4 LQaLTA1G LO *1G5RPC.E S {12 X3a) (12 X3) 516 4TAMEN1 LO3SelaCE5 (12 X35) 501 3"TPt+i T+1 LON)N3SPACES (12 X35) SOUTH H SAYSH CAR E P AR KING ANALYSIS REOURf,4 ALLOW® APPROVED MEP PIA. Imo 02-\offs APPROVED NCiiF SUBSTANTIAL A}1B+i13ME?JT1O 3 PROPOSED Af,18�M13dT07Axi RETAIL f RESTAURANT 1:60ft SF 15 I5 27 REMENIIAL t WAGES PER Mt 467 0-47 REQ } 4943 i3323 RC.. 462 (304 ;.ECij , ACCESS4BLESPACES 12 12 92 TOTAL 614 616 601 uffi,'C`Y�RAe"`eMIMaS iChl, PC UFLOCK 1 ea+�wttio-,K sea .rs. pe�isea: SITE DATA ZONING ANALYSIS 0279AYT 07/21J01 M-0 5 6 .-ruu-11 -ekoo4 1 1a CITY OF MIRMI P. 3-02-862 9/18/02 RESOLUTION NO, O2- 1O • A RESOLUTION OF THE, MIP.MI CITY C'CIMMTSSTON, WITH ATTACHMENTS, APPROVING WTTH CONDITIONS, A MAJOR U5E SPECIA7a PERMIT PURSUANT TO ARTICLES 5, 11 AND 17 of ZONING ORDINANCE NO. l T f l0, FOR THE SOUTH EAXSSHOitE TOWFP PROJECT, 20 BE LOCATED AT IIPPRoxIMATFT,Y 103 COUTHEAST 147'' STREET, 1.Rf SOUTHEAST 1.3T S'1'YtEET, 1390 BRTC:KFTLL BAY DnIVE, ANJ 171 SOUTHEAST 14x'' STREET, MIMI, ,VLORIDA, TO BP, COMPRISED OF fi RE ID NTIAL/MIXED USE C:CMrtEX, WITH NOT MOA , THAN 347 UNITS WITH ACCESSORY RECREATIONAL SPACE, 11,888 SQUARE FEET O RETAIL SPACE AND APPROXIMATELY O.i4 2ARKING SPACES: APPROVII C A DEVELCJPMENT ORDER; DISSECTING '.MNSMITTAL OF 1"HR HEREIN ith:VLUTION; MAKING RTNOTNGS OF FACT AND S'DATINC CONCLUSIONS OF LAW; PROVIDING FOR BINDING iI"nCT; CONTAINING A -5E'TERABILTTY CLAUSE AND PRUVIDING FOR AN EFrTICTIVE DATE. WHEREAS, on tray B, 2002, Tibor Hullo as owner of Bayororo Royctii:? Co., (hereinafter referred to as the "APPLICANT"), oubmittod a complete applicaL1QcI rtsr a major Use Special Fcrmit ruL Lh& .South Bayshore Tower Project pursuant tv Artic,1e n, 1 "3 and 17 of 'Loving ordinant-A No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, (the "zoning Drdinanr:") to approve a specific p;:u j-E:i. (hereinafter referred to as the "PROJECT") for the property located at apprax:.*aately A l TACd3 MT (5) CeNT iNED CITY cotausffioN NEVElltd SEP 2 6 2002 �] Rgq„74finn WJ 0 2 -- 1 0 0 5 AUG-11-2004 12:19 CITY OF MIRMI P.03 183 Southeast 19th Street, 180 Southeast 13th Street, 1390 Br'ickell Bay Drive and 171 Southeast 14th Street, Miami, Florida, as legally described in Exhibit "B", and WHEREAS, development of the PROJECT requires the issuance of a Major Use Special Permit pursuant to Articles 5, 13 and 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, in order to develop the property pursuant to the application submitted and on file with the Planning and Zoning Department; and WHEREAS, the Large Scale Development Committee met on April 30, 2002, to consider the proposed PROJECT and offer its input; and WHEREAS, the APPLICANT has modified the proposed PROJECT to address the expressed technical concerns raised at said Large Scale Development Committee meeting; and WHEREAS, the Planning and Zoning Department reviewed the project for design appropriateness throughout the pre -application phase and, upon modifications in the final design proposal, recommended approval of the final design solution to the Planning and Zoning Director; and WHEREAS, the Urban Development Review Board met on May 15, 2002 to consider the proposed PROJECT and recommended approval of the PROJECT (with suggestions regarding parking garage facade corner condition and reduction in the amount of common area being Page 2 of 8 02 1065 AUG-11--2004 12 :19 CITY OF M I AMl I P.04 provided in exchange for the increased space in between program use) ; and WHEREAS, the Miami Zoning Board, at its meeting held on September 9, 2002, Item No. 4, following an advertised public hearing, adopted Resolution No. ZB-2002-577 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL with conditions of the Variance component of the Major Use Special Permit Development Order as attached and incorporated; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 18, 2002, Item No. 1, following an advertised public hearing, adopted Resolution No. PAB 51-02 by a vote of five to zero (5-0), RECOMMENDING APPROVAL of the Major Use Special Permit Development Order as attached and incorporated; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI► FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A Major Use Special Permit Development Order, attached and incorporated as Exhibit "A", is approved subject to Page 3 of 8 02-10 5 AUG-11-2004 12:29 CITY OF MIAMI P.02 the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the APPLICANT, at approximately 183 SE 14th Street, leo SE 13th Street, 1390 Brickell Bay Drive and 1771 SE 14t4 Street, Miami, Florida, more particularly described on "Exhibit B," attached and incorporated. Section 3. The PROJECT is approved as a residential/mixed use complex consisting of 347 residential units with accessory recreational space, 11,888 square feet of retail space, and approximately 514 parking spaces. Section 4. The Major Use Special Permit Application for the PROJECT also encompasses the lower ranking Special Permits as set forth in the Development Order ("Exhibit A"). Section 5. The findings of fact set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, as amended. b. The PROJECT is in accord with the SD-5 BrickelI Avenue Area Office -Residential District Zoning classifications of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. c. Pursuant to Section 1305 of the Zoning Ordinance of the City of Miami, Florida, the specific site Page 4 of 8 02 -1065 AUG-11-2004 12:19 CITY OF MIAMI P.05 plan aspects of the PROJECT, i.e., ingress and egress, parking, signs and lighting, utilities, drainage, preservation of natural features and control of potentially adverse effects generally, have been considered and will be further considered administratively during the process of issuing a building permit and a certificate of occupancy. d. The PROJECT is expected to cost approximately $72 million, and to employ approximately 280 workers during construction (FTE-Full Time Employees) ; the PROJECT will also result in the creation of approximately 28 permanent new jobs. The PROJECT will generate approximately $5.8 million annually in tax revenues to local units of government (2002 dollars). e. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; (2) the PROJECT will efficiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; Page 5 of 8 02_0 6 AUG-11--2004 12:19 CITY OF MIAMI P.06 (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (5) the PROJECT will efficiently use necessary public facilities; (6) the PROJECT will not negatively impact the environment and natural resources of the City; (7) the PROJECT will not adversely affect living conditions in the neighborhood; (8) the PROJECT will not adversely affect public safety; (9) based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (10) any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority participation and employment, and minority contractor/ subcontractor participation will be mitigated through compliance with the conditions of this Major Use special Permit. Page 6 of 8 02- .065 RUG-11-2004 12:19 CITY OF MIAMI P.07 Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANT and any successors in interest. Section 7. The application for the Major Use Special Permit, which was submitted on May 8, 2002, and on file with the Department of Planning and Zoning of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference. Section 8. The City Manager is directed to instruct the Director of the Department of Planning and Zoning to transmit a copy of this Resolution and attachment to the developers: Vicky Garcia -Toledo, Esq. on behalf of Tibor Hollo, 200 South Biscayne, Blvd,, Ste. 2500, Miami, Fi. 33131, Section 9. The Findings of Fact and Conclusions of Law are made with respect to the PROJECT as described in the Development Order ("Exhibit A") for the PROJECT, attached and. incorporated. Section 10. In the event that any portion or section of this Resolution or the Development Order ("Exhibit A") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order ("Exhibit A"), which shall remain in full force and effect. Page 7 of 8 AUG-11-2004 12:20 CITY OF MIAMI P.08 Section 11. The provisions of this Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the herein Resolution., Section 12. This Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. Section 13, This Resolution shall become effective immediately upon its adoption and signature of the Mayor.li PASSED AND ADOPTED this 26th ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROVED RELLO ATTORNEY' 6601:GKW day of September , 2002. MA 4EL A. DIAZ, MAYOR CORRECTNESS: If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 8 of 8 02-1065 AUG--11-2004 12:20 CITY OF MIAMI P.09 "EXHIBIT A" ATTACHMENT TO RESOLUTION NO. 02 DATE: ----, 2002 SOUTH BAYSHORE TOWER PROJECT MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be known that pursuant to Articles 5, 13 and 17 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 issuance of a Major Use Special Permit for the South Bayshore Tower Project (hereinafter referred to as the "PROJECT") to be located at approximately 183 SE 14th Street, 180 SE 13th Street, 1390 Brickell Bay Drive and 171 SE 14th Street, 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 Major Use Special Permit and issues this Permit: Page A-1 of 11 02-1065 AUG-11-2004 12:20 CITY OF MIAMI P.10 FINDINGS Off' FAG1 PROJECT DESCRIPTION: The proposed PROJECT is a residential development to be located at approximately 640 NE 34th Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 1.15 acres and a net lot area of approximately 0.802 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 consist of a residential complex, with no more than 347 residential units with accessory recreational space, 11,888 square feet of retail apace, and approximately 514 parking spaces. The ownership, operation and maintenance of common areas and facilities will be by the property owner or (in the case of the property being converted to condominiums) a mandatory property owner association in perpetuity pursuant to a recorded Declaration of Covenants and Restrictions. The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits: CLASS SPECIAL PERMIT as per Article 9, Section 906.6, for active recreational facilities (including swimming pools); Page A-2 of 11 0 - .065 AUG-11-2004 12.20 CITY OF MIAMI P.11 CLASS I SPECIAL PERMIT as per Section 915.2 for FAA clearance letter; CLASS I SPECIAL PERMIT as per Article 9, Section 920.1. to allow construction trailer. 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 918.2 for parking and staging of construction during construction; CLASS I SPECIAL PERMIT as per Article 9, Section 917.2.1. to allow valet parking for residential and other uses; CLASS II SPECIAL PERMIT as per Article 6, Section 605,3.1. for development of new construction within the SD-5 District; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for a temporary construction fence and covered walkway. CLASS II SPECIAL PERMIT as per Section 908.2, for access from a public street or roadway width greater than 25 feet; CLASS II SPECIAL PERMIT as per Article 6, Section 605.7.2 (1.a.), a nonrefundable developer contribution of $6.67 to the Affordable Housing Trust Fund administered by the City of Miami for every one square foot of increase up to a maximum increase of one (1) square foot times the gross lot area; Page A-3 of 11 O2 1O85 AUG-11-2004 12:20 CITY OF MIAMI P.12 CLASS IS SPECIAL PERMIT as per Article 6, Section 605.10.2. Offstreet loading requirements shall be as required in the Office District, provided that special permit requirements set forth therein shall be waived in cases where new development involving general Class 11 Special Permits cover the same matters. VARIANCES: Front yard setback (Brickell Bay Upper Level) Upper Levels varies Request to waive. required: 20'-0" proposed: 14'-0" to 2Q'-O" V--O" to O ' -O" Side street setback (SE 14th Street Ground Level) required: 15'-O" Ground Level varies proposed: 7'-4" to 11'-6" Request to wai e : Upper Level Upper Level varies Request to wave: Side street setback (SE 13th Street Ground Ground & Upper Levels Request to waive: Upper Upper Level varies Request to waive: Interior side setback (East Ground Level 7'-B"r to 3'-6" required: 15'-0" proposed: 4'-4" to 10'-4" J:O' -8" to 4 ' -8" Level) required: 15' -0" proposed: 8'-8" required: 1.5' -U" proposed: 8'-8" required: 15'-0" proposed: 5'-3" Page A-4 of 11 02-106 AUG-11-2004 12:21 CITY OF MIAMI P.13 Request to waive: Interior side setback (West Ground Level) Request to waive: (West Upper Level) Upper Level varies Request to waive: : Interior side setback (North Ground Level) Request to waive: (North Upper Level) Upper Level varies Request to waive: 9'-9n required: 15' --0" proposed: 5'--3" 9' 9 a required: 15' -0" proposed: 5'-3" to 15'-0" 9' -9"to O' -O" required: 15' --0" proposed: 3'-6" IV'-6" required: 15'-0" proposed: 10'--8" to 12'_10" 4'-4" to 2'- 2" MAJOR USE SPECIAL PERMIT as per Article 17 for development of 34? residential units; MAJOR USE SPECIAL PERMIT as per Article 5, Section 502, PUD districts; minimum area, maximum densities and maximum floor area ratios permitted, to increase by twenty (20) percent; MAJOR USE SPECIAL PERMIT as per Article 17 for a parking structure of 514 parking spaces. REQUEST WAIVER FROM CHAPTER 36 OF THE CITY CODE, request for waiver by the City Commission of noise ordinance to allow continuous concrete pours; REQUEST that the following MUSP conditions be required at the time of Temporary Certificate of Occupancy or Final Page A-5 of 11 O2 t0 5 AUG-11-2004 12:21 CITY OF MIAMI P.14 Certificate of Occupancy instead of at 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 13 and 17 of the Zoning Ordinance, approval of the requested 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 Zyscovich Inc., dated 7/18/02; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Urban Resource Group, dated 6/13/02; 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 Page A-6 of 11 0 --1065 AUG-11-2004 12:21 CITY OF MIAMI P.15 and approval of the Director of the Department of Planning and Zoning prior to the issuance of any building permits. The PROJECT conforms to the requirements of the SD-5 Zoning Districts, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The existing comprehensive plan future land use designation on the subject property allows the proposed mix of commercial and residential 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. 2. Pay all applicable fees due prior to the issuance of a building permit. 3. 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 Page A-7 of 11 02-µ1065 AUG-11-2004 12:21 CITY OF M I AM I P.16 Planning and Zoning why such recommendations are impractical. 4. 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. 5. Obtain approval from, or provide a letter of assurance fro the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a shell permit. 6. Prepare a Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) to be submitted to the City's Director of Equal Employment Opportunity for review and comments, 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. 7. 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. Page A-8 of 11 02-100 AUG-11-2004 12.22 CITY OF MIAMI f � P.17 8 Prior to the issuance of a shell permit, demonstrate to the City that the condominium documents have been filed with the State of Florida; or (b) provide the City with 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. 9. Provide the Department of Public works with plans for proposed sidewalk and swale area improvements for its review and approval prior to the issuance of a building permit. 10. Provide the Department of Planning and Zoning with a temporary parking plan, including an operational plan, which addresses construction employee parking during the construction period, said plan shall include an enforcement plan and 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. 11. Pursuant to the Departments of Police, Fire -Rescue and General Services Administration, the roof area of the proposed structures shall be made available to the City of Miami for the installation of any necessary communications equipment at no charge to the City. 12. Pursuant to the Urban Development Review Board, the Applicant shall give additional consideration to the articulation of the parking garage fagade corner condition; any proposed modifications shall be subject to review and approval by the Planning and Zoning Director. Page A-9 of 11 02-1065 OP- AUG-11-2004 12=29 CITY OF MIAMI P.03 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 1989-2000, 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: (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 Page A-10 of 11 TflTAJ P.M AUG-11-2004 12:22 CITY OF MIAMI P.18 (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 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. Page A-11 of 11 AUG-11-2004 12:22 CITY OF MIAMI P.19 PARCEL A EXHIBIT "B" SOUTH BAYSHORE TOWER LEGAL DESCRIPTION Lot 20, less the West 7.00 feet thereof, and all of Lot 22, AMENDED PLAT OF MIKADO COURT, according to the Plat thereof recorded in Plat Book 14, Page 44 of the Public Records of Miami -Dade County, Florida. PARCEL 6 Lot 7, less the West 32 feet thereof, all of Lot 8 and the West 100 feet of Lot 9, of HIGHLEYMAN'S SUBDIVISION, of Lot 26 and North % of Lot 27, Block 105 South, BRICKELL'S ADDITION TO THE CITY OF MIAMI, according to the Plat thereof recorded in Plat Book 1, Page 184 of the Public Records of Miami -Dade County, Florida, subject to the roadway dedication per C.R. Book 11297 at Page 2278 of the Public Records of Dade county, Florida of the South 10.00 feet of the herein described parcel. Folio Numbers: 01 0210 050 1050 01 0210 050 1060 01 0210 050 3200 01 0210 050 1040 02-1065 AUG-11-2004 12:22 CITY OF MIAMI EXHIBIT "C" P.20 SOUTH BAYSHORE TOWER PROJECT DATA ADDRESS 1390 Brickell Bay Drive Miami, Florida 33131 ■ ZONING CLASIFICATION City of Miami Zoning • LOT AREA Net Lot Area Gross Lot Area ■ DENSITY Dwelling Units Allowed per Covenant Dwelling Units Proposed ■ FAR Allowed Provided • ALLOWABLE FLOOR AREA (FAR) Residential Affordable Housing Retail (3sf for every lsf of retail) • Increase for Planned Unit Development Total FAR + Increases FAR Provided • NET FLOOR AREA CALCULATIONS Retail Lobby Common Area Recreation Deck 1 Apartment Floor 24 Typical Floors © 11,118 SF/floor S0-5 34,927 SF 60,318 SF 500 units per acre 347 units (432 units per acre) 342,604 SF 337,255SF 4.25 (213,852 SF) 1.0(50,318 SF) 3x 11,888 (35,6645F) 42,770 SF 342,604 SF 337,285 SF 11,888 SF 3,439 SF 47,360 SF 9,751 SF 8,346 SF 275,178 SF 0 -106 AUG-11-2004 12:22 CITY OF MIAMI P.21 Total Net Floor Area Provided 344,177 SF • SETBACKS Front (St ickell Bay Drive) Required 20'-0" Proposed 20'-0" Side (SE 14'" Street) Required 15'4" Proposed Increasing from 7'5" to 11'-43" at the ground level Rear (SE 13u' Street) Required 15'4' Proposed 81-8" at the ground level Interior Side Required Proposed 5'-3" at the ground level Interior Side Required 15'-0" Proposed increasing from 5'-3" at the ground level to 15'-0' at garage levels Interior Side Required 151-0" Proposed increasing from 3'-6" at the pedestal to 12'-10" at the apartment level (beginning at floor 15 ') OPEN SPACE (GREEN SPACE)/ PRIVATE RECREATION SPACE Required- 15%(Gross Lot Area) 7,548 SF Provided - Ground Level 7,816 SF Recreation Deck 14,389 SF Total 22,205 SF OFFSTREET PARKING Required - Apartments (347) Retail (11,888 SF) 1 per unit min. (347) 1/300 Spaces) Floor Area (40) AUG-11.2004 12:22 CITY OF MIAMI P.22 Provided Standard + N.C. Parking Spares 474 Parking Spaces Retail 40 Parking Spaces Total 514 Parking Spaces Accessible Parking Spaces Required Provided LOADING BERTHS Required Proposed HEIGHT 12 Parking Spaces 12 Parking Spaces 4 4 Allowable No Height Limitations Proposed 435'-4'7 (Roof Top) ■ BUILDING FOOTPRINT 27,086 SF • GROSS FLOOR AREA (Excluding Balconies) Total Gross Floor Area 431,0E34 SF (Includes ground floor, common area and apartments) • APARTMENT DISTRIBUTION 1 Br 2Sr Total 1541' Floor 8 3 11 16"'-30th Floor 9 5 14 per floor Total Number of Apartments 347 Units 02 -1065 Ti1TPi P.22