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File Number: 05-00648 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A
MAJOR USE SPECIAL PERMIT, RESOLUTION NO. 01-1233, PER ARTICLES 5,
13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE
PARK PLACE AT BRICKELL PHASE II PROJECT, LOCATED AT
APPROXIMATELY 1432 AND 1450 BRICKELL AVENUE, MIAMI, FLORIDA, TO
ALLOW THE MODIFICATION OF PHASE II TO AN APPROXIMATELY 527-FOOT,
32-STORY HIGH OFFICE BUILDING, TO BE COMPRISED OF APPROXIMATELY
508,900 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 10,980 SQUARE
FEET OF RETAIL SPACE; AND APPROXIMATELY 1,285 TOTAL PARKING
SPACES; AND TO PRESERVE THE PREVIOUSLY APPROVED 371 DWELLING
UNITS; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR') BONUSES;
DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 16, 2000, the City Commission approved Resolution No. 00-1036,
which approved a Master Development Program for the property located at approximately 1432 and
1450 Brickell Avenue, Miami, Florida, which included two residential towers; and
WHEREAS, on November 15, 2001, the City Commission approved Resolution No. 01-1233,
which approved a Substantial Modification to the Master Development Program for the property
located at approximately 1432 and 1450 Brickell Avenue, Miami, Florida, which included two
residential towers; and
WHEREAS, on May 6, 2005, Adrienne F. Pardo, on behalf of Park Place at Brickell, LLC,
Owner (referred to as "APPLICANT"), submitted a complete Application for Substantial Modification to
a Major Use Special Permit for Park Place at Brickell - Phase II (referred to as "PROJECT') pursuant
to Articles 5, 13, 17 and 22 of Zoning Ordinance No. 11000, for the property located at approximately
1432 and 1450 Brickell Avenue, Miami, Florida, as legally described in "Exhibit A", attached and
incorporated; which included the modification of Phase II to an office building; and
WHEREAS, development of the Project requires the issuance of a Substantial Modification to a
Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance
of the City of Miami, Florida, as amended; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 29, 2005 Item No. 5,
following an advertised public hearing, adopted Resolution No. PAB 73-05 by a vote of seven to zero
(7-0), recommending APPROVAL WITH CONDITIONS of the Major Use Special Permit Development
Order as incorporated; and
City of Miami
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Fite Number 05-00648
WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare
of the City of Miami to issue a Substantial Modification to 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 Substantial Modification to a Major Use Special Permit Development Order, as
hereinafter set forth, is approved subject to 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 1432 and 1450 Brickell Avenue, Miami, Florida, more particularly described on "Exhibit
A " attached and incorporated.
Section 3. The PROJECT is approved for the construction of an approximate 527-foot, 32-story
high mixed use structure to be comprised of approximately 508,900 square feet of office space;
approximately 10,980 square feet of retail space; and approximately 1,285 total parking spaces; and to
preserve the previously approved 371 dwelling units; providing for certain floor area ratio ("FAR")
bonuses.
Section 4. The Substantial Modification to a Major Use Special Permit Application for the Project
also encompasses the lower ranking Special Permits as set forth in the Development Order,
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, as
amended.
b. The PROJECT is in accord with the SD-5 "Brickell Avenue Area Office - Residential District"
Zoning classification 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
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 $253,523,633, and to employ approximately
262 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the
creation of approximately 30 permanent new jobs. The PROJECT will generate approximately
$1,351,208 annually in tax revenues to the City (2005 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 Substantial Modification to a Major Use Special Permit;
(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;
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File Number; 05-00648
(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 Substantial Modification to a Major Use Special Permit.
Section 6. The Substantial Modification to a Major Use Special Permit, as approved and amended,
shall be binding upon the APPLICANT and any successors in interest.
Section 7. The application for Substantial Modification to a Major Use Special Permit, which was
submitted on May 6, 2005, and on file with the Planning Department 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 Planning Director to transmit a copy of this
Resolution and attachment to the APPLICANT.
Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as
described in the Development Order for the PROJECT.
Section 10. The Substantial Modification to a Major Use Special Permit Development Order for
the PROJECT is granted and issued.
Section 11. In the event that any portion or section of this Resolution or the Development Order
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, which shall remain in full force and effect.
Section 12. The provisions approved for this Substantial Modification to a Major Use Special
Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the
Resolution.
Section 13. This Substantial Modification to a Major Use Special Permit, as approved, shall
expire two (2) years from its commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 13, 17 and 22 of Ordinance No. 11000, the
Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the
Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a
Substantial Modification to a Major Use Special Permit for Park Place at Brickell - Phase II
(hereinafter referred to as the "PROJECT") to be located at approximately 1432 and 1450 Brickell
Avenue, Miami, Florida (see legal description on "Exhibit A", 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
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File Number: 05-00548
Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the
following conditions approves the Substantial Modification to a Major Use Special Permit and
issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately 1432 and
1450 Brickell Avenue, Miami, Florida. The PROJECT is located on a gross lot area of
approximately 2.55± acres and a net lot area of approximately 1.75± acres of land (more
specifically described on "Exhibit A", incorporated herein by reference). The remainder of the
PROJECT's Data Sheet is attached and incorporated as "Exhibit B".
The proposed PROJECT will be an approximate 527-foot, 32-story high mixed use structure to
be comprised of approximately 508,900 square feet of office space; approximately 10,980 square
feet of retail space, and approximately 1,285 total parking spaces; and to preserve the previously
approved 371 dwelling units; providing for certain floor area ration ("FAR") bonuses.
The Substantial Modification to a Major Use Special Permit Application for the PROJECT also
encompasses the following lower ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MUSP, as per Article 17 for development of more than 200,000 square feet of non
residential space;
MUSP, as per Article 17 for parking of approximately 1,285 parking spaces;
MUSP, as per Article 5, Section 502, PUD Districts.
Per City Code, Chapter 23-5a, Request for a Certificate of Appropriateness for ground
disturbing activity in an Archeological Conservation Area.
Per City Code, Chapter 36, Construction Equipment Request for waiver of noise ordinance
while under construction for continuous pours.
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow construction fence and
covered walkway;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
CLASS II SPECIAL PERMIT, AS PER Article 4, Section 402, to allow for outdoor eating
areas and outdoor cafes;
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2 for access from a public street
roadway with driveway greater than twenty five feet in width;
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event
namely a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per 917.1.2 to permit valet parking;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer(s) for
construction and other temporary office such as leasing and sales;
CLASS I SPECIAL PERMIT, as per Article 9, Section 904, for parking and stages of
construction during construction;
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CLASS I SPECIAL PERMIT, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction trailer
and watchman's quarters.
REQUEST for applicable MUSP conditions to be required at the time of shell permit 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;
b) The requirement to record in the Public Records a unity of title or covenant in lieu of unity of
title; and
c) And this substantial modification is subject to approval of a re -plat of the entire property lot area
of the project.
All previous approvals granted by Resolution Nos. 00-1036 and 01-1233 to remain unchanged
except as stated above.
Pursuant to Articles 5, 13, 17 and 22 of Zoning Ordinance 11000, approval of the requested
Substantial Modification to a Major Use Special Permit shall be considered sufficient for the
subordinate permits requested and referenced above as well as any other special approvals
required by the City, which may be required to carry out the requested plans.
The PROJECT shall be constructed substantially in accordance with plans and design
schematics on file prepared by Nichols, Brosch, Wurst, Wolfe & Associates, Inc., dated May 23,
2005; the landscape plan shall be implemented substantially in accordance with plans and design
schematics on file prepared by Alex Knight Landscape, dated April 11, 2005; said design and
landscape plans may be permitted to be modified only to the extent necessary to comply with the
conditions for approval imposed herein; all modifications shall be subject to the review and
approval of the Planning Director prior to the issuance of any building permits; and
The PROJECT conforms to the requirements of the SD-5 "Brickell Avenue Area Office -
Residential District" Zoning classification, 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 uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY,
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE
FOLLOWING:
1) Meet all applicable building codes, land development regulations, ordinances and other
laws and pay all applicable fees due prior to the issuance of a building permit.
2) Allow the Miami Police Department to conduct a security survey, at the option of the
Department, and to make recommendations concerning security measures and systems; further
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submit a report to the Planning Department, 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 Planning Director why such
recommendations are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating
APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of
Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building
development process and review procedures, as well as specific requirements for fire protection
and life safety systems, exiting, vehicular access and water supply.
4) Obtain approval from. or provide a letter of assurance from the Department of Solid
Waste that the PROJECT has addressed all concerns of the said Department prior to the
obtainment of a shell permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for
Development Approval, with the understanding that the APPLICANT must use its best efforts to
follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as
a guide.
6) Record the following in the Public Records of Dade County, Florida, prior to the issuance
of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants
and Restrictions providing that the ownership, operation and maintenance of all common areas
and facilities will be by the property owner or a mandatory property owner association in perpetuity.
7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the
MUSP permit resolution and development order, and further, an executed, record able unity of title
or covenant in lieu of unity of title agreement for the subject property; said agreement shall be
subject to the review and approval of the City Attorney's Office.
8) Provide the Planning Department with a temporary construction plan that includes the
following: a temporary construction parking plan, with an enforcement policy; a construction noise
management plan with an enforcement policy; and a maintenance plan for the temporary
construction site; said plan shall be subject to the review and approval by the Planning Department
prior to the issuance of any building permits and shall be enforced during construction activity. All
construction activity shall remain in full compliance with the provisions of the submitted
construction plan; failure to comply may lead to a suspension or revocation of this Substantial
Modification to a Major Use Special Permit.
9) In so far as this Substantial Modification to a Major Use Special Permit includes the
subordinate approval of a series of Class I Special Permits for which specific details have not yet
been developed or provided, the applicant shall provide the Planning Department with all
subordinate Class 1 Special Permit plans and detailed requirements for final review and approval
of each one prior to the issuance of any of the subordinate approvals required in order to carry out
any of the requested activities and/or improvements listed in this development order or captioned
in the plans approved by it.
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10) If the project is to be developed in phases, the Applicant shall submit an interim plan,
including a landscape plan, which addresses design details for the land occupying future phases of
this Project in the event that the future phases are not developed, said plan shall include a
proposed timetable and shall be subject to review and approval by the Planning Director.
11) Pursuant to HEPB Resolution 2005-33, the following conditions, (a) A phase 1
archeological assessment prior to construction and archeological monitoring during ground
disturbing activity shall be provided in accordance with the management plan submitted by the
Richard G. Haiduven, M.A.; (b) The Preservation Officer shall be notified prior to construction
activities and in the event of a significant discovery, as per the management plan submitted; (c) A
final report shall be submitted to the Preservation Officer documenting the results of construction
monitoring.
12) Pursuant to comments by City of Miami Public Works Department, the subject property
must be platted in order to relocate the existing access easement on the northeast side of the
property and platting is required for this purpose.
13) Within 90 days of the effective date of this Development Order, record a certified copy
of the Development Order specifying that the Development Order runs with the land and is binding
on the Applicant, its successors, and assigns, jointly or severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date of its
issuance; the issuance date shall constitute the commencement of the thirty (30) day period to
appeal from the provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City
of Miami, and complies with local land development regulations and further, pursuant to Section
1703 of the Zoning Ordinance:
(1) the PROJECT will have a favorable impact on the economy of the City; and
(2) the PROJECT will efficiently use public transportation facilities; and
(3) the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment; and
(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural resources of
the City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be mitigated through conditions
of this Substantial Modification to a Major Use Special Permit.
The proposed development does not unreasonably interfere with the achievement of the
objectives of the adopted State Land Development Plan applicable to the City of Miami.
Pursuant to Section 1305 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT i.e., ingress and egress, offstreet parking and loading, refuse and service areas, signs
City, of Miami
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File Number: 05-00648
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.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Foo tnotes :
() 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.
City of Miami
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