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HomeMy WebLinkAboutMUSP Resolution No. 01-01233CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : FROM : Distribution Below a Gelabert-Sanchez, Di Planning Department DATE SUBJECT: September 16, 2002 Modifications for: Park Place M[3SP REFERENCES Resolution No. 01-1233 Adopted: November 15, 2001 ENCLOSURES: FILE • • Pursuant to Section 1706, Zoning Ordinance 11000, it is hereby directed that this memorandum modifies the development order for the Park Place Major Use Special Permit, by approving the changes described in the attached letter from Adrienne Pardo on behalf of Park Place, LIE., dated June 27, 2002. This modification is approved, with conditions, as specified below 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 01-1233, per the attached memorandum from Juan Gonzalez dated July 12, 2002. The Development Order attached to Resolution 01-1233, as EXHIBIT "A", is hereby amended as follows: RESOLUTION NO. 01-1233 EXHIBIT "A" * DEVELOPMENT ORDER * The PROJECT shall be constructed substantially in accordance with the Phased Project Development Program's Conceptual Site Plan dated November 8, 2000, entitled "Park Place at Brickell — 2 Tower Scheme 1 — Site Plan — All Phases"; as amended by plans on file prepared by Bermello & Ajamil dated September 2001, (and further modified by Memorandum of Nonsubstantial Modification dated 9/ 16/02, with plans on file, dated August 2002); ... Attachments Distribution with attachments, Lourdes Slazyk, Assistant Director Planning and Zoning Department Hector Lima, Director Building Department Juan Gonzalez, Zoning Administrator Zoning Division Teresita L. Fernandez, Chief Hearing Boards Division Adrienne Pardo, Esq. Attorney for applicant Park Place Major Use Special Permit File • • Ana Gelabert-Sanchez, TO Director P . ing and Zoning Department FROM • n C. Gonzalez oning Administrator lanning and Zoning De CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: SUBJECT REFERENCES: ENCLOSURES: July 12, 2002 Determination of Non -substantial change In an approved Major Use Special Permit Park Place at Brickell Resolution 01-1233. FILE Pursuant to a request from Adrienne Friesner-Pardo of the Law firm Greenberg Traurig, concerning a determination of a non -substantial change from an approved Major Use Special Permit, please be advised of the following. The City Commission passed and adopted Resolution No. 01-1233 for Park Place at Brickell. The applicants are proposing a change to the MUSP in the following manner. The proposed revision is detailed in the attached memorandum from Scott Balms of the Architectural firm of Bermello, Ajamil & Partners. Section 2215.1 regulates whether changes to a MUSP 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 change, 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: es Cc: Lourdes Slazyk, Assistant Director Planning and Zoning Department Zoning file • • • Adrienne Friesner Pardo (305) 579-O683 Direct Fax (30ff) 9815883 E-Mfali: pasdo8®pfiew.coro HAND DELIVERY Ms. Ana Gelabert-Sanchez Director, City of Miami Planning Department 444 S.W. 2nd Avenue Third Floor Miami, FL 33130 3REENER6 ATTORNEYS AT LW PRLRIG June 27, 2002 Re: Park Place at Brickell - MUSP Resolution No. 01-1233 Dear Ana: RECEIVED PLANNING 4 2082 JUL y c I FMj:I9 As a follow up to our meeting of June 18, 2002, on behalf of the owner of the above referenced property, Park Place, LLC, we are requesting approval of a nonsubstantiai amendment to the approved Major Use Special Permit, as amended. The proposed changes are nonsubstantial pursuant to Sections 1706 and 2215 of the City of Miami Zoning Ordinance. For your review, we have enclosed a copy of MUSP Resolution No. 01-1233. The amendment modifies the project as outlined in detail in Scott Bakos' memorandum attached hereto as Exhibit "1 ". We have enclosed revised plans which incorporate the changes listed in Scott Bakos' memorandum. Upon review of the plans you will see that all materials and colors will remain the same, and that the plaza will also remain the same, except for a minor modification to enlarge the driveway in order to allow for a sufficient turnaround and a drop off. In addition, the total number of units also remains the same and the number of stories for Phase I will be reduced from 40 to 36. We have enclosed a check totaling $3,000 for the application fee for the nonsubstantial change determination. We are requesting that you forward this request to Mr. Juan Gonzalez for his review as the Zoning Administrator, so that he can confirm that the changes are nonsubstantial. Thank you very much for your attention to this matter. Please call me at (305) 579-0683 if you have any questions. cc: Mr. Alan Ojeda Ms. Lourdes Slazyk Mr. Juan Gonzalez Mr. Scott Bakos Very truly yours, Adrienne Friesner Pardo MIA-SRVO1'F'ARD0A11397023vO1\TXY701 I, D0056127102 GIIEENHERG TRAURIG, P.A. 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-Si9-0SOG FAX 305-579-0717 www.gllaw.nom MIA.SII NEW YORE WASHINGTON, D.C. ATLANTA PHILADELPHHIA TYSONS CORNER CHICAGO BOST©N PHOENIX WILMINGTON Los ANGELES DENY FORT LAUDERDALE BOCA BATON WEST PALM BEACH ORLANDO TALLAHASSEE 3REENBERJ • • ATTORN Adrienne Friesner Pardo 305-578-0683 errlaEi: pardoalggUaw.e.orn Ms. Lourdes Slazyk Assistant Planning Director City of Miami - Planning Department 444 S.W, 2nd Avenue Miami, FL 33130 ETS AT LAW RIH August 5, 2002 Re: Park Place at Brickeii - 151h Road and Brickell Avenue Dear Lourdes: Enclosed herewith are the revised elevations for Park Place Phase 1 which fronts on South Miami Avenue. As you recall, on behalf of Park Place, we submitted a request for a nonsubstantial amendment on June 27, 2002. The Planning Department reviewed our request and issued the Memorandum to Dena Bianchino dated July 12, 2002 which stated that the nonsubstantial amendment was recommended for approval, provided that two conditions were met. The first condition required that we prepare enclosed blow-up details of the balconies, which we have enclosed copies of and, the second condition required that the building elevations were simplified so that they were not too busy. Copies of the revised elevations are enclosed. 1 think that you will be very pleased with the enclosed revised drawings. Please transmit the approval of the nonsubstantial amendment at your earliest convenience. Please call me at 305-579-0683 if you have any questions. CO: Mr. Alan Ojeda Mr. Scott Bakos tIMiA4SRV011PARDOA11405314v011%4C$011. DOC1811102 Very truly yours, Gu.tt Adrienne Friesner Pardo GREENBERG 'DIALING, P.A. 1221 BR[CKELL .AVENUE MIAMI, FLORIDA 33131 3O5-S79-0500 FAx 305,S79-0717 www.gtiaw.com MIAM1 NEW jORK WASHINGTON, U.C. ATLANTA PHLLADELPHIA TiYSONS CORNER CHICAGO BOSTON PHOENIX WILMINGTON LOS ANGELES DENVE FORT LAUDERDALE BOCA RATON WEST PALM BEACH ORLANDO TALLARASSEE • • • A T T O a - 5 AT Adrienne FneSner Pardo (305) 579-0e83 Direct Fax; {305) 961-5883 E-Mail: pardoa@gtlew.com June 27, 2002 HAND DELIVERY Ms. Ana Gelabert-Sanchez Director, City of Miami Planning Department 444 S.W. 2nd Avenue Third Floor Miami, FL 33130 Re: Park Place at Brickell - MUSP Resolution No. 01-1233 Dear Ana: As a follow up to our meeting of June 18, 2002, on behalf of the owner of the above referenced property, Park Place, LLC, we are requesting approval of a nonsubstantial amendment to the approved Major Use Special Permit, as amended. The proposed changes are nonsubstantial pursuant to Sections 1706 and 2215 of the City of Miami Zoning Ordinance. For your review, we have enclosed a copy of MUSP Resolution No. 01-1233. The amendment modifies the project as outlined in detail in Scott Bakos' memorandum attached hereto as Exhibit "1" We have enclosed revised plans which incorporate the changes listed in Scott Bakos' memorandum. Upon review of the plans you will see that all materials and colors will remain the same, and that the plaza will also remain the same, except for a minor modification to enlarge the driveway in order to allow for a sufficient turnaround and a drop off. In addition, the total number of units also remains the same and the number of stories for Phase I will be reduced from 40 to 36. We have enclosed a check totaling $3,000 for the application fee for the nonsubstantial change determination. We are requesting that you forward this request to Mr. Juan Gonzalez for his review as the Zoning Administrator, so that he can confirm that the changes are nonsubstantial. Thank you very much for your attention to this matter. Please call me at (305) 579-0683 if you have any questions. Very truly yours, Adrienne Friesner Pardo cc: Mr. Alan Ojeda Ms. Lourdes Slazyk Mr. Juan Gonzalez Mr. Scott Bakos 11MIA-SRVO11PARDOA11397023v011TXY7O1 I , DOC\6/27/02 GRr:€tiHERG THAGIUG, P.A. 1221 13RICKELL AVENUE Miami, FLo1i A 33131 305-579-O5OO FAX 3115-579-0717 www.gtlaw.cor M AM1 NEW YORK WASHINGTON, D.C. ATLANTA. PHIL.ADELPHIA TYSONS CORNER CHICAGO BOSTON P?IOENIx WILMINGTON Los ANGELES DENVi FORT LAUDERDALE BOCA RATON WEST PALM BEACH ORLANDO TALI.AHASSEE BERMELLO • AJAMIL & PARTNERS • INC ARCHITECTURE • ENGINEERING • PLANNING • INTERIOR DESIGN • LANDSCAPE ARCHITECTURE Memorandum TO: Adrienne Pardo, Esq. Greenberg Traurig, LLP FROM: Scott A. Bakos DATE: July 1, 2002 RE: Park Place at Brickell — Phase 1 Current Design Per your request, the following outlines the minor changes of the current Park Place at Brickell design for Phase 1 in reference to the original M.U.S,P. approval. 1. BASIS FOR DESIGN REFINEMENTS: As the project developed beyond the M.U.S.P. approval, it became apparent that certain engineering conditions of the tower required the design team to change the original two cores to a single central core, reducing the total number of floors from 40 to 36. This, in turn, provides phase 1 with a total of 372 units, however, the total number of units of both phases remains the same as the M.U.S.P. approval at 773. 2. WEST ELEVATION: a. Increase the linear frontage of residential units. b. Decreased the linear frontage of parking garage. c. Centralized the lobby entrance doors. d. Balcony adjustment due to structural engineering requirements. ** 3. NORTH ELEVATION: a. Window and balcony adjustment due to structural engineering requirements. ** b. Exit stair in garage enclosed. Memo - Adrienne Pardo Page 2 7/10/2002 4. SOUTH ELEVATION: a. Window and balcony adjustment were a result of architecturally "matching" the south elevation with the north elevation (which changed due to structural engineering requirements **). 5. EAST ELEVATION: a. Windows added at the central portion of the grid, similar to the east elevation of phase 2 b. Windows added to either side of the grid, due to the reconfiguration of the central core. c. Balcony adjustment due to structural engineering requirements. ** 6. PLAZA / GROUND -PLANE: a. Location of vehicular drive off of south Miami avenue adjusted to lobby entrance doors. b. Vehicular drive off of 15th road adjusted to allow cars to drop-off / pick-up along the plaza. c. South-east edge of water feature is now wider. d. Seating areas added in central plaza area. e. Paving pattern further developed and responds to tree location / geometry. Notes: ** Balcony and/ or window adjustments were a result of the engineering of shear -wall and columns due to the wind -tunnel and overall structural requirements of the project. These requirements were incorporated into the overall architectural design to maintain the M.U.S.P. design intent. END OF MEMO • 1155 PARK PLACE AT BRICKELL • Memo: NON SUBSTANTIAL Three Thousand and 00i 100 [Dollars CITY OF MIAMI PAY TO THE ORDER OF: • COLONIAL BANK MIAMI BEACH, FLORIDA 33140 63.151-670 DATE Jun 18, 2002 000i LSS" ':067001,5La': 8026039L7SIto FRO A To: R 7 Y DESK OF.. riesner-Pardo .9 AP` SREENBER8 TRRUL11fi Li PER DISCUSSION THE ATTACHED IS FOR YOUR: O Approval © Comments WILL YOU PLEASE: O Acknowledge ❑ Arrange a Meeting O Cat1 Me AMOUNT TRANSMITTAL MEMO PER REQUEST i Signature © Information U Handle O Implement © Put on your calendar O Put on my calendar © See below © See me re: j fb Li-0E-974 10/29/01 'RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO ARTICLES 17 AND 22 OF ZONING ORDINANCE NO. 11000, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MODIFICATION TO THE MAJOR USE SPECIAL PERMIT FOR THE PARK PLACE AT BRICKELL PROJECT, TO BE LOCATED AT APPROXIMATELY 1432, 1438, 1440, 1450 AND 1460 BRICKELL AVENUE, 1435, 1443, 1451-1453-1455, 1455, 1475-1477 AND 1485 SOUTH MIAMI AVENUE, AND 1 SOUTHEAST 15TH ROAD, MIAMI, FLORIDA, APPROVED BY THE CITY COMMISSION ON NOVEMBER 16, 2000, PURSUANT TO RESOLUTION NO.00--1036, TO MODIFY SAID DEVELOPMENT ORDER BY DECREASING THE AMOUNT OF DEVELOPMENT AND ALLOWING A NEW DEVELOPMENT PROGRAM OF 773 RESIDENTIAL UNITS, WITH ACCESSORY RECREATIONAL USES, 36,554 SQUARE FEET OF NONRESIDENTIAL USES, AND A TOTAL OF 1,400 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 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 7, 2001, Park Place at Brickeil, LLC., "APPLICANT" submitted a letter requestinc a substantial modification to the previously approved Major Use Special Permit for the Park Place at Brickell Project {"PROJECT") pursuant to Articles 17 and 22 of Zoning Ordinance No_ 11000 the Zoning • • Ordinance of the City of Miami, Florida, as amended, (the "Zoning Ordinance No. 11000"); and WHEREAS, pursuant to Article 17 of Zoning Ordinance No. 11000, and Condition No. 16 of Resolution 00-1036 requires the proposed modification to the Major Use Special Permit to be reviewed by the Planning Advisory Board and approved by the City Commission.; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on October 17, 2001, item No. 5, following an advertised public hearing, adopted Resolution No. PAB-87-01 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL of a substantial modification to the previously approved Major Use Special Permit Development Order; 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: Page 2 of 8 • Sect on 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. Resolution No. 00-1036, a Major Use Special Permit for the Park Place at Brickell Project, approved by the City Commission on November 16, 2000, and attached hereto as "Exhibit E," amended as set forth below. Section 3. The Major Use Special Permit Development Order for the PROJECT to be developed by APPLICANT, at approximately 1432, 1438, 1440, 1450 and 1460 Brickell Avenue, 1435, 1443, 1451-1453-1455, 1465, 1475-1477 and 1485 South Miami Avenue and 1 Southeast 15`11 Road, Miami, Florida, attached hereto as "Exhibit A" and made a part hereof, is amended to reflect the requested modifications, subject to the remaining conditions, as specified in said Development Order, remaining in full force and effect. Section 4. The modified PROJECT is approved for the construction of up to approximately 773 residential units, with accessory recreational space; 36,554 square feet of nonresideritial uses, and 1,400 parking spaces. Page 3 of 8 „1 0 0 07/13/05 10:16 GREENBERG TRAIJRIG 4 3054162035 NO.349 P02 Section 5. The approved Maj Use Special permit for the PROJECT also encompasses the lower ranking special Permits as set forth in the Development Order, attached as "Exhibit A" hereto and incorporated herein. Section 6. The findings of fact set forth below are hereby made with respect to the modifications to subject PROJECT: a. The modified PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, as amended. b. The modified PROJECT is i Accord with the SD-5 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 p mit and a certificate of occupancy. Page 4 of 8 • • d The PROJECT is expected to cost approximately $190 million, and to employ approximately 375 workers during construction (Full -Tune Employees); the PROJECT will also result in the creation of approximately 160 permanent new jobs. The PROJECT will generate approximately $3.3 million annually in tax revenues to local units of government (2000 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; (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; Page 5 of 8 4 e (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. Section 7. The Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANTS and any successors in interest. Section 8. The application for modification to this Major Use Special Permit, which was submitted on September 7, 2001, as amended, and which is on file with the Department of Planning and Zoning of the City of Miami, Florida, shall be relied upon generally for administ s4 .ve interpretations and is made a part hero_ by reference. Page 5 of 8 • Section 9. The City Manager directed to instruct the Director of the Department of Planning and Zoning to transmit a copy of this Resolution and attachment to the developers: Adrienne Pardo, Esq., on behalf of Park Place at Brickell , LLC . , 1221 Brickell Avenue, Miami, FL 33131. Section 10. The Findings of Fact and Conclusions of Law are made with respect to the PROJECT as described in the Development Order for the PROJECT, which is attached hereto as "Exhibit A" and made a part hereof by reference. Section 11. The Major Use Special Permit Development Order for the Project ("Exhibit 1,A„) is amended. Section 12. In the event that any portion or section of this Resolution or of the modified 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. Section 13. The provisions approved for this Major Use Special Permit, as approved, shall commence and become operative 0 thirty (30) days after the adoption of the herein Resolution. 1 Page 7 of 8 oq 3 • • Section 14. This Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. Section 15. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.1l PASSED AND ADOPTED this 15th day of November , 2001. JOE CAROLLO, MAYOR !n accord n v t r.i: ar r r 2 ?hr 0. ��t' f ,.. •r+ 4 r. 77a.a regarding same, without .h r"tiic }'i ; iciai1 ATTEST: WALTER J. FOEMA.N CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: ;71 ANDRO VILARE'LO ATTORNEY 5793:OMM:dd: Waiter J. tT man, City- Csrk If the Mayor does not sign this Resolution, it shall become effective a 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 tiff „EXHIBIT A” ATTACHMENT TO RESOLUTION NO. DATE: PARK PLACE AT ERICKELL PROJECT MAJOR USE SPECIAL PERMIT MODIFIED DEVELOPMENT ORDER:I/ Let it be known that pursuant to Articles 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, (the "Zoning Ordinance No. 11000") the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for the Park Place at Drickell Project (hereinafter referred to as the "PROJECT") to be located at approximately 1432, 1438, 1440, 1450 and 1460 Brickel' Avenue, 143S, 1443, 1451-1453-1455, 1465, 1475-1477 and 1485 South Miami Avenue and 1 Southeast 15ri' Road, Miami, Florida, as described on "Exhibit B" attached hereto. After due consideration of the recommendations of the Plannino Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and re^aan unchanged. Asterisks indicate omitted and unchanged material. • • approved the PROJECT, and subject to the following conditions approves the Major Use Special Permit and issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a mixed -use development consisting of residential and commercial uses to be located at approximately 1432, 1438, 1440, 1450 and 1460 Brickeli Avenue, 1435, 1443, 1451.-1453--1455, 1465, 1475-1477 and 1485 South Miami Avenue and 1 Southeast 15th Road, Miami, Florida. The PROJECT is located on a gross lot area of approximately 5.06 acres feet and a net lot area of approximately 3.6 acres of land (more specifically described on "Exhibit B," incorporated herein by reference). _The Project's Conceptual Plan is attached hereto as "EXHIBIT C," and incorporated herein by reference, as amended by "EXHIBIT D," also attached hereto and incorporated herein by reference. The proposed PROJECT, as modified, will consist of no more than 340 773 residential units with accessory recreational space, 22,323 36,554 square feet of retail and other nonresidential uses. The project will also consist of 1,224 1,400 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 Page 2 of 12 • • 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, but is not exclusively limited to, the following lower ranking Special Permits and variances: CLASS I SPECIAL PERMIT as per Article 9, Section 906.6 for active recreational facilities (including a swimming pool); CLASS I SPECIAL PERMIT to permit staging and parking during construction (to be approved prior to obtaining a building permit from Planning); CLASS I SPECIAL PERMIT for Development Signs when combined with construction signs; CLASS I SPECIAL PERMIT as per Section 915.2 for FAA clearance letter; CLASS 1 SPECIAL PERMIT as per Article 9, Section 917.1.2, of Zoning Ordinance No. 11000 for Valet Service; CLASS II SPECIAL PERMIT as per Article 6, Section 605.3.1 for development of new construction within the Special District; CLASS II SPECIAL PERMIT as per Article 6, Section 60.3 1 for a temporary construction fence and covered walkway; CLASS I? SPECIAL PERMIT as ocr Article 6, Section 605.3.1 for a temporary construction trailer; Page 3 of 12 -"� 30 • • • CLASS II SPECIAL PERMIT as per Article 15 for uniform signage guides and standards; CLASS II SPECIAL PERMIT as per Article 15 for waiver of certain pedestrian pathway requirements; 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 9, Section 923 for reduction in loading berth dimensions (as specified in the application.); Special Exception as per Article 5, Sec. 605 to allow bar/lounge open to the public within the SD-5 District; Special Exception as per Article 9, Sec. 917.1.2 to allow valet parking for restaurant up to 50% of existing off- street parking spaces; Certificate of Appropriateness for ground disturbing activity in an archeological conservation area (city Code Section 23-5a); Reservation of Downtown Development of Regional Impact (DRI) credits (City Code Chapter 13); Designation as a phased project, pursuant to Section 2502 of Zoning Ordinance 11000, as amended. Waiver from the Ci ter Commission for the following: Page 4 of 12 - �. • • Noise Ordinance during the required concrete pours for construction of the building (City Code Chapter 36). Pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, 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 the Phased Project Development Program's Conceptual Site Plan dated November 8, 2000, entitled "Park Place at Bricked - 2 Tower Scheme 1 - Site Plan - All Phases" ; all modjfic-a.-tfcnsra11 be subject tc the review and approval f rtmcnt of Planning and Z ning prier t n _ , as amended by plans on file prepared by Bermello & Ajami.l, dated September 2001, landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Eermeilo & Ajamil, dated September 2001; said design and landscape plans ma 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 .Pace 5 of 12 6 0 • • • Director of the Department of Planning and Zoning prior to the issuance of any building permits. The PROJECT conforms to the reouirements of the SD-5 Zoning District, as contained in Zoning Ordinance No. 11000. The existing comprehensive plan future land use designation 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 DUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: _. Meet all applicable building codes, land development regulations, ordinances and other laws. 2. Pay all applicable fees due prior to the issuance os a building permit; and pay DR.I fees required to reserve development credits within 60 days of the effective date of this Resolution. u 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 Planning Director why such recommendations are impractical_ Page 6 of 12 ..., 00'3 • • • 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. S. 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. 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 Miami -Dade County, Florida, prior to the issuance of a shell permit: (a) 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; (b) a certified copy of the development order specifying that the Development Order runs with the land and is binding on the Page 7 of 12 rk • bqi • APPLICANT, its successors, and assigns, jointly or severally. 8. Prior to the issuance of a shell permit, demonstrate to the City that the PROJ has either: (a) completed its application for condominium requirements and submitted such to 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 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 Fire -Rescue and General Services Administration, the roof area of the proposed structures shall be mad` available to the City of Miami for any necessary communications equipment at no charge to the City. Page 9 of 12 .4 c r",0 • • 12. The applicant shall retain the services of an archeological consultant who will be responsible for conducting archeological monitoring of all ground disturbing activity as well as the subsequent recovery of artifacts. Said consultant shall work at the direction of the Miami -Dade County Archeologist and shall provide reports to both that office and to the City. 13. Pursuant t th,c conditi n from the TJIDRP, the APPLICANT shall cubrnit final dcoign dctails, including tftatcr_alo, thc ...arming and Zoning Department for revicve- and approval, pri r to the icsuancc of a building permit. 14 Prior to the issuance of a shell permit, the APPLICANT shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying Phases II and III of this project in the event that these future phases are not developed; said plan shall include a proposed timetable and shall be subject to review and approval by the Director of the Planning and. Zoning Department. Iw. Prior to the issuance of any building permits for each future phase of this project, the applicant shall conduct updated traffic studies that shall include recommendations • Page 9 of IZ '^F • • • for mitigation, including signa1ization options for the area. for each of the phaocs propo -cd within this Maj r Use Special lrrmit; each phooc ohall approv-al f the deign comp net including ,right f way improvcmcnto, facade treatment, signagc, lighting, etc.; no pease of the pr jest shall be conotruc+-cd —nti1 ouch time that oaid approvals arc t. incd; said app' valo shall rc-quiro ,alb sstomary reviews retiuired for a Majcr Use Cpcc al Permit, including the nlann.ng Advis ry Dcard, Large Scale Dc jel prncznt Review Co ±ttee and tic Rcvi� v,t Berd . 16. The applicant shall continue to work with the Planning and Zoning Department in refining the design details of the proposed project; the Director of the Planning and Zoning Department shall approve all such refinements. 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 Page 10 of 12 • • thirty (30) day period to appeal from he 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 Zoning Ordinance No. 11000: (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 Page 11 of 12 • • any potentially adverse effects of the PROJECT will he 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 Zoning Ordinance No. 11000, 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 12 of 12 2 d EXHIBIT "1" • EXHIBIT "B" GEa.d4 DESC.Q/PT/ouf r e sours) or ; 4hV zors 9 TF/R(/ /$ dOTx0,./alfsiue ; 4iJ L0rs t77'2u 25 f. 77Xzt.c. fsfv-, Nxx Szmi, X0 NAP a & ICK�.1 'S 4DIJ/7 Dh' TO T4' M'IPpf .�'J 4.i!', ACz27RD/4/6 TfJ Tilf'F"_47-7 '.eSCf . �t �GYJR J /U P'T B'4T PIE3d %/3, Of TXS 11/511C RF.,G`DRDS Of ! dam' Q7U.UT�, /4zARtgd. & ZDTS Ica 41J /c8, LkIh/S0 s SJ& /V,S/4,v` � 2l, Of 1 e fYJ&UCRU`CaeoS Or w ' fxldUC R6'Cl pD zm 'cau0 Ale 'sT O'Ja4.F CGRG� D fv�-aT kal di �G Se/ 7ou3g, TCw.uS,W P 5d S7uZ4' uGF'4/ tsr cn-y DF 4a/4 wI, ,rwRfa4. • lel L • fowW.I/MiYr MwA wMM'�R 'MV. 0404.7 i�t , .r r JZllG�:N f Z I f« AIM" . /d7� .iir E • JR �RJE7. IL AYtNUE Tower 2 Tower 1 Parking Garage Phase 1 Tower 1 - 40 nodes, 420 unify Pasiden14Tower ®30 Poor, o Story Haa. tirih 8 brook of £aticing (it 630 space. Ground tom! Rainol Apgr®c. 7,000..r. Phase 2 Towel 2 - 40 Skanin , 420 urres Rssid.nid Towor e1 30 floors 10 51ury Boos with 8 Lerch of Fading ig? b30 sus Ground Lewd RstoU l Parking Garage d I Residential Tower Parking Garage Landscaped Plaza 1 Told Uri i — 840 units Told Rnaaii — approu- 20,000 s.f, Total — 1,260 space. F 7 11- • • • • PARK PLACE AT BRICKELL Substantial Modification To MVMUSP 00-1036 1 Legal Description: 2. Address: 3. Zoning Classification: 4. Lot Area: 5. Density: 6. Allowable Area Project Data Sheet EXHIBIT "D" See Exhibit "1" Section "B" in the Application for Major Use Special Permit for legal description. 1450 8rickeli Avenue SD-5 District Gross Area 5.06 acres or 220,664 sq. ft. Units/Acre Allowed 500 units/acre Floor Area Ratio (FAR) Allowed (4.25 x G.L.A_) P.U.D. Bonus (20% G.L.A.) 937,882 s.f. + 187,564 s.f. 1,125,386 s.f. 7 Loading Berths: 8. Height: 9. Building Footprint: 10. Unit Breakdown Req_uired 8 loading berths 12 ft. x 35 ft. Allowed Unlimited Unlimited 153' - 6"" (325% of tower) Allowed N/A Phase I - 367 Phase It - 406 Total - 773 Net Area 3.6 acres or 157,177 sq. ft. Units/Acre Provided 214 units/acre Provided 969,416 s.f. Provided 6 loading berths 12 ft. x 35 ft. 4 loading berths 10 ft. x 20 ft. Provided Phase One Phase Two Parking Provided 90,367 s.f. 438 ft. 8 in. 438 ft. 8 in. 125 ft. 0 in. Project Data Sheet (cont.) 11 Number of Parking Spaces: Reauired Provided 865 minimum 1,400 spaces Handicapped spaces Required Provided 17 spaces 32 spaces 12. Open Space: Required Provided 30,099 s.f. 107,277 s.f. 15 % G.L.A. 48% G.L.A. 13. Setbacks: Required Provided Brickell Avenue (Front) 30 ft. 30 ft. S. Miami Ave. (Side) 15 ft. 15 ft. SE 15 Rd. (Side) 15 ft. 15 ft. interior Yard (North) 15 ft. 125'-2" Phase I115'_0" Phase 2 interior Yard (West) *7 ft. 6 in. 7 ft. 6 in. interior Yard (South) 15 ft. 15 ft. "As per Article 25, "definitions"; for yards, interior yards, credit for adjacentt, Page 719 of the City of Miami Zoning Ordinance. • •