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Planning Memo with Letter of Intent
• • • CITY OF MIAMI, FLDRC� INTER -OFFICE MEMORANDUM Distribution Below el:: Sariclihz, Director Plannin "�repartment DAT, . July 13, 2005 '3UNJ1,C f RE PE.Ft N't i' . Modifications for: Icon Brickell MUSK Application in process FILE Pursuant to Section 1706, Zoning Ordinance 11000, It is hereby directed that this memorandum modifies the Major Use Special Permit Application in process for the icon Brickell Project by approving the changes described in the attached letter from Lucia Dougherty dated July 5, 2005 and the accompanying plans on file with the Planning Department. This approval is based on findings that the proposed modification is a "de minimus" nansubstantial change to the Major Use Special Permit application filed by the applicant on April 7, 2005 pursuant to the attached memorandum from Orlando Toledo, Zoning Administrator, dated July 8, 2005. The Major Use Special Permit Application in process for file Icon Brickell Project is hereby amended as per the modifications listed In the attached letter dated July 5, 2005, and memorandum dated July 8, 2005 and the accompanying plans on file with the Planning Department. This approval allows the City Commission to consider the amended application. The Applicant shall submit revised drawing to the Office of Hearing Boards for the City Commission consideration of this item. Attachments Distribution with attachments: Lourdes S1azyk, Assistant Director Planning Department 7 eresita l„ Fernandez, Chief Ofli of Clearing Boards Hector Lima, Director Building Department Orlando Toledo, ?.doing Administrator Zoning icon iirickell Major Ilse Special Permit Filo t.wcia Daugherty, list/. On behalf of applicant oreenberg N Traurig • • HAND DELIVERY Ms. Ana Gelabert Director, Planning Department 444 S.W. 2nd Avenue Third Floor Miami, FL 33128 Lucia A. Dougherty (305) 579-0603 Direct Fax: (305) 961-5603 E-MaiL doughertyl©gtlaw.coin July 5, 2005 Mr. Orlando Toledo Director, Zoning Department 444 S.W. 2nd Avenue Fourth Floor Miami, FL 33128 Re: Icon Brickell MUSP / Non -Substantial Modification Confirmation Request Dear Ms. Gelabert and Mr. Toledo: On behalf of the owner of the above referenced property, The Related Group of Florida ("Related"), we are requesting confirmation from the City that the following changes to the pending Major Use Special Permit are considered non -substantial changes pursuant to Sections 1706 and 2215 of the City of Miami Zoning Ordinance. This project has been approved by both the Zoning Board and the Planning Advisory Board but has not yet been reviewed by the City Commission. We believe that addressing these changes at this juncture would afford the Commission the benefit of the reviewing the project as it is currently envisioned. Enclosed please find a chart which compares the data submitted on April 7, 2005 and the new proposed figures. Among these changes are a decrease in height on two of three towers, a decrease in total unit count from 1,808 to 1,753 and an increase in parking from 2,004 to 2,085 parking spaces. It is important to note that upon submittal of the MUSP application on April 7, 2005, Related had acquired the Brickell heirs interest in Brickell Park and as a result of that ownership, included the Brickell Park as part of the Gross Lot Area calculation due to common and contiguous ownership. Subsequent negotiations with the City of Miami resulted in a Settlement Agreement approved by the City of Miami City Commission on June 9, 2005 pursuant to Resolution # 06-00481 whereby, Related agreed to only utilize Brickell Park for setback and visual corridor purposes and to conform with the City of Miami Zoning Code. As a result, a recalculation of the Gross Lot Area has been made and has resulted in a reduction of the Gross Lot Area from 464,267 sf to 437,489 sf. Greenberg Traurig, P.A. I Attorneys at Law 11221 Brickell Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717 I www.gtlaw.com • • July 5, 2005 Page 2 Thank you very much for your attention to this matter and please call me (305) 579-0603 if you have any questions after review of the information provided. DETERMINATION THAT MUSE CHANGES ARE NONSUBSTANTIAL: Name: Title: Date: cc: Mr. Bill Thompson Ms. Cristina Cuervo Ms. Lourdes Slazyk Mr. John Jenkins Ms. Sherri Gutierrez Mr. Derek Warr Javier F. AvitiO, Esq. MIA-FSIIlKF030i .DOC Very truly yours ucia A. Dougherty' Greenberg Thaurig, F.A. • • IconBrickeil Non -Substantial Modification The Chart below summarizes the non -substantial modifications to TAB E — SITE DATA AND DEVELOPMENT PROGRAM of the MUSP submittal for IconBrickell dated April 7, 2005 I. Site Data Summary Zoning Data Table (dated April 7, 2005) Revision -June 29, 2005 Parcel 1 & 2 229,020 sf 235,248 sf Brickell Park 92,911 sf 55,439 sf ROW 18,146 sf 18,106 sf Biscayne Bay 72,733 sf 71,674 sf Miami Circle Park 51,457 sf 57,022 sf Gross Lot Area 464,267 sf 437,489 sf Maximum Floor Area Ratio 4.25 FAR for residential 4.25 FAR for residential Maximum Allowable SF (w/o 1,973,135 sf 1,859,328 sf Bonuses) Maximum Allowable SF (w/ Bonuses) • PUD Bonus for SD-5 394,627 sf 371,866 sf • Afford. Housing Bonus 0 437,489 sf • Retail Bonus for SD-5 75,000 sf 75,000 sf FAR Bonuses 469,627 sf 884,355 sf MAX. Allowable FAR 2,442,762 sf 2,743,683 sf w/Bonuses Maximum Units/Acre: 500 x 5.321 ac = 2600 maximum units allowed 500 x 5.400 ac = 2700 maximum units allowed 1,808 units provided 1753 units provided Il. Setbacks & Yard Requirements Zoning Data Table (dated April 7, 2005)- Provided Revision -June 29, 2005-Provided Brickell Avenue 30' 0" 30' 0" North Yard 25'0" up to 33' 0" 25' 0" — 30' 0" South Yard 159' — 8" 159' 8" Biscayne Bay 50' 0" 50' 0" MIA-FS I11 KX VLO 1 .00C • • III. Shoreline Setbacks & Yard Requirements Zoning Data Table (dated April 7, 2005)- Provided Revision -June 29, 2005-Provided Brickell Avenue 30' 0" 30' 0" North Yard 15'0" 25' 0" — 30' 0" South Yard 15'0" 159' 8" Biscayne Bay 50' 0" 50' 0" IV. Open Space Requirements Required- 15% of Gross Lot Area Zoning Data Table (dated April 7, 2005)- Provided Revision -June 29, 2005-Provided Required Open Space 61,922 sf w/o park 63,576 sf w/park 57,308 sf w/o park 65,623 sf w/park , Provided Open Space- w/o park 75,940 sf (Street) 93,769 sf (Amenities Level) 75,940 sf (Street) 93,769 sf (Amenities Level) 171,709 sf provided w/o Park 169,709 sf provided w/o Park Provided Open Space- w/o park 169,900 sf (Street & Park) 93,769 sf (Amenities Level) 131,379 sf (Street & Park) 93,769 sf (Amenities Level) 263,669 sf provided w/o Park 225,148 sf provided w/o Park V. — Building FAR Area Summary Zoning Data Table (dated April 7, 2005) Revision -June 29, 2005 NE Tower 894,199 sf 902,371 sf SE Tower 784,272 sf 812,356 sf Brickell Tower 434,841 sf 520,758 sf Brickell Tower -Hotel 64,910 sf 63,162 sf Residential Bay Units 81,159 sf 79,436 sf Retail 25,000 sf 25,000 sf Total FAR 2,284,381 sf 2,403,083 sf VI. — Building Statistics Number of Units Zoning Data Table (dated April 7, 2005) Revision -June 29, 2005 NE Tower 710 units 685 units Brickell Tower 395 units 432 units SE Tower 599 units 539 units MIA-FSf11KXVLOt .DOC • • Bayliner Units 51 units 49 units 1,755 Residential Units 1,705 Residential Units Brickell Tower -Hotel 105 hotel Rooms= 53 units 95 Hotel Rooms=48 units Total 1,808 Units Total 1,763 Units Total VI. — Building Statistics Number of Floors Zoning Data Table (dated April 7, 2005) Revision -June 29, 2005 NE Tower 58 + 53 floors 56 + 51 floors SE Tower 58 floors 56 floors Brickell Tower 46 floors 48 floors VI. — Building Statistics Height At Roof Zoning Data Table (dated April 7, 2005) Revision -June 29, 2005 NE Tower 566'-8" at roof point/ 580'-8" N.G.V.D. 586'-0" at highest parapet point/ 600'-0" N.G.V.D. 581'-3" at roof point/ 593'-3" N.G.V.D. 604'-3" at highest parapet point/ 616'-3" N.G.V.D. SE Tower 566'-8" at roof point/ 580'-8" N.G.V.D. 586'-0" at highest parapet point/ 600'-0" N.G.V.D. 575'-0" at roof point/ 58T-0" N.G.V.D. 598' 0" at highest parapet point/ 610'-0" N.G.V.D. Brickell Tower 450'-8" at roof point/ 464'-8" N.G.V.D. 464'-8" at highest parapet point/ 484'-0" N.G.V.D. 497'-0" at roof point/ 509' 0" N.G.V.D. 520'-0" at highest parapet point/ 532'-0" N.G.V.D. Podium 117'-4" at roof point/ 131'-4" N.G.V.D. 136'-0" at roof point/ 148'-0" N.G.V.D. VII. — Parking Garage Summary Zoning Data Table (dated April 7, 2005) Revision -June 29, 2005 Residential Parking 1915 spaces + 30 HC = 1,945 res. Spaces (1,945/1,755 units = 1.11 spaces per unit avg.) 1975 spaces + 53 HC 2,028 res. Spaces (2,028/1,705 units = 1.19 spaces per unit avg.) Hotel Parking 25 spaces + 2 HC = 27 spaces provided 24 spaces + 1 HC = 25 spaces provided Non -Residential Parking 30 spaces + 2 HC = 32 30 spaces + 2 HC = 32 MIA-FS111KXVLO1 .DOC • • spaces provided spaces provided Total Parking 2,004 (incl. 34 HC 2,085 (incl. 56 HC spaces) provided spaces) provided 1,972 Res. Spaces + 288 2,085 Res. Spaces + 169 Extra Res. Spaces = 2,260 Extra Res. Spaces = Total Res. Parking 2,254 Total Res. Parking (2,260/1,808 units = 1.25 (2,254/1,753 units = 1.29 spaces per unit avg.) spaces per unit avg.) VIII. -- Loading Summary: Zoning Data Table (dated April 7, 2005) Revision -June 29, 2005 Residential/ Non -Residential 8 berths 12' x 55' For building Area of -i- 2,012,798 sf 8 berths 12' x 55' For building Area of =1- 2,012,798 sf MIA.-FS I I I KXVLO I . D©C • CITY OF MIAMI MODIFICATION APPLICATION Planning & Zoning Deportment 444 S.W. 2^d Avenue, 31d Floor Miami, FL 33130 305.4 1 6. 1 400 Ordinance / Resolution / Permit # 05-00481 Receipt # MODIFICATION APPLICATION This is to request that the permit, resolution or ordinance captioned above be considered for modification and that said modification be reviewed in order to determine whether it is substantial, non -substantial or in substantial compliance with the approvals obtained, as described in the documents attached. Applicant Name City / State 1 Zip Zoning District: Address of property: Nature of proposed use: Greenberg Traung Miami, FI 33131 SD-5 495 Brickell Avenue Mixed Use Address 1221 BnckeIl Avenue Phone / Fax 305-579-0683 The following is attached in support or explanation of this application: a) Legal description of property and /or survey, and Jor floor plan. b) Previously approved plans and revised plans. x c) Description of modifications d) Revised zoning calc.iations e) Other (specify) Section 2215.1. Substantial changes defined; changes prior to notice of public hearing. Substantial changes affect the essential part of the application, not just the form of the application, as determined by the Zoning Administrator and the Planning and Zoning Director. Such determinations shall be made upon a request to review proposed modifications to applications for the following items o Class 11 Special Permit ❑ Variance D Special Exceptions Plf Major Use Special Permit © Zoning Atlas Amendment The review will be conducted by persons defined in Section 2202.1(e), using the following criteria: ✓ (a) The requested change sxceeds 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 five (5') feet or five (5%) percent of the height of the building, whichever is greater, in a vertical direction; or ✓ (d) The Zoning Administrator shall refer the proposed change to the Director of the Planning and Zoning Department in order to apply the applicable criteria as set forth in section 1305, where at such time the Planning and Zoning Director shall determine if the proposed changes result in substantially the same project and are still in compliance with the findings in the original application, Zoning Administrator's findings and conditions: Name Orlando Toledo Date 7/8/05 Signature 7 on-Subbst ntiaij i�bstarrtiJfC6rrt }liance Greenberg • Traurig • Lucia A. Dougherty (305) 579-0603 E Mail doughertyl@gtlaw.com April 7, 2005 Ms. Teresita Fernandez Clerk, Hearing Boards City of Miami 444 S.W. 2nd Avenue, 7th Floor Miami, FL 33130 Re: Letter of Intent for Iconbrickell - MUSP Dear Teresita: On behalf of the Related Group of Florida, applicant, City National Bank of Florida, as Trustee under Trust No. 2401-1863-00, and City National Bank of Florida, as Trustee of Brickell Park, we are requesting approval of 1,755 residential units, 105 hotel rooms and 2,004 parking spaces as per Articles 5, 17 and Section 914 of the Zoning Ordinance. Should you have any questions, please call me at (305) 579-0603. Thank you very much for your attention to this matter. Very tru yours, Lucia Augherty ORerberg Lay..., I 3CS