HomeMy WebLinkAboutR-05-0575City of Miami
Legislation
Resolution: R-05-0575
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00623b Final Action Date: 9/22/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS
AMENDED, FOR THE ICON BRICKELL PROJECT, TO BE LOCATED AT
APPROXIMATELY 495 AND 501 BRICKELL AVENUE, MIAMI, FLORIDA, TO
CONSTRUCTA MIXED -USE THREE -BUILDING CLUSTER DEVELOPMENT
RANGING IN HEIGHT FROM APPROXIMATELY 520 FEET TO APPROXIMATELY
604 FEET, TO BE COMPRISED OF APPROXIMATELY 1,705 TOTAL MULTIFAMILY
RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 95
HOTEL UNITS; APPROXIMATELY 25,000 SQUARE FEET OF RETAIL SPACE; AND
APPROXIMATELY 2,085 TOTAL PARKING SPACES; 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 April 7, 2005, Lucia A. Dougherty, Esq., on behalf of City National Bank as
Trustee under Trust Number 2401-1863-00, owner and City National Bank of Florida, Trust (Brickell
Park) and The Related Group of Florida, contract purchaser (referred to as "APPLICANT"),
submitted a complete Application for Major Use Special Permit for Icon Brickell (referred to as
"PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the property
located at approximately 495 and 501 Brickell Avenue, Miami, Florida, as legally described in "Exhibit
A", attached and incorporated; and
WHEREAS, development of the Project requires the issuance of 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 Large Scale Development Committee met on January 19, 2005 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on February 16, 2005, to consider the
proposed project and recommended APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 15, 2005 Item No. 7,
following an advertised public hearing, adopted Resolution No. PAB 66-05 by a vote of six to zero (6-
0), recommending APPROVAL with conditions of the Major Use Special Permit as presented in the
Development Order as hereinafter set forth; 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;
City of Miami
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File Number: 05-00623b Enactment Number: R-05-0575
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, 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 495 and 501 Brickell
Avenue, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of a mixed use three building cluster
development ranging in height from 520 feet to 604 feet to be comprised of approximately 1,705 total
multifamily residential units with recreational amenities; approximately 95 hotel units; approximately
25,000 square feet of retail space; and approximately 2,085 total parking spaces; providing for certain
floor area ratio ("FAR") bonuses.
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.
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 proposed SD-5 (Brickell Avenue Area Residential -Office)
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 $1,251,326,394, and to employ
approximately 324 workers during construction (FTE-Full Time Employees); the PROJECT will also
result in the creation of approximately 120 permanent new jobs (FTE). The PROJECT will generate
approximately $6,673,152 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 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;
(8) the PROJECT will not adversely affect public safety;
(9) based on the record presented and evidence presented, the public welfare will be served
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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 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 Major Use Special Permit, which was submitted on April 7, 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 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 Major Use Special Permit, as approved, shall
commence and become operative thirty (30) days after the adoption of the Resolution.
Section 13. This 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, 9, 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 Icon Brickell (MU-2005-012), (hereinafter referred to as the
"PROJECT") to be located at approximately 495 and 501 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
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:
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FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a residential development to be located at approximately 495 and
501 Brickell Avenue, Miami, Florida. The PROJECT is located on a gross lot area of
approximately 10.043± acres and a net lot area of approximately 6.673± 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 a mixed use three building cluster development ranging in
height from approximately 520 feet to 604 feet to be comprised of approximately 1,705 total
multifamily residential units with recreational amenities; approximately 95 hotel units;
approximately 25,000 square feet of retail space; and approximately 2,085 total parking spaces;
providing for certain floor area ratio ("FAR") bonuses.
The 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 1,705 residential units and 95 hotel rooms;
MUSP, as per Article 17, for parking structures of approximately 2,085 parking spaces;
Per City Code, Chapter 36, construction equipment request for waiver of noise ordinance
while under construction for continuous pours;
Per Article 8.1, Section 8.1.4, Tree Removal Permit.
The Major Use encompasses the following Special Permits:
CLASS II PERMITS
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow a 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 401, 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 II SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer (s) for
construction and other temporary office uses such as leasing and sales.
CLASS I 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 Article 9, Section 918.2, for parking and staging of
construction during construction;
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 920.1, to allow a construction trailer
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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; 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 5, 9, 13 and 17 of Zoning Ordinance 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 plans and design
schematics on file prepared by Arquitectonica, dated April 7, 2005; the landscape plan shall be
implemented substantially in accordance with plans and design schematics on file prepared by
Kurtis & Rogers, dated April 22, 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 proposed SD-5 "Brickell Avenue Area
Residential -Office" 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
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
APPLICANTS coordination with members of the Fire Plan Review Section at the Department of
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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 Major Use
Special Permit.
9) In so far as this 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 I 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.
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 design related comments received by the Planning Director, the applicant
shall meet the following conditions: (a) Specify the proposed screening material and plant species
for the garage elevations; (b) Provide for pedestrian access along the Brickell Avenue side of the
City of Miami
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site between Brickell Park and the future Miami Circle Park and from Brickell Avenue to the south
tower lobby on the south side of the vehicular driveway; (c) Submit a tree disposition and
mitigation plan, which includes the Brickell Park parcel; (d) The area adjacent to the Bay Walk shall
be provided with a hardscape treatment to allow pedestrian connection to the Bay Walk (shown as
green on the ground floor plan); (e) Afinal landscape plan shall be submitted for review and
approval of the Planning Director prior to the issuance of a building permit.
12) Pursuant to comments by City of Miami Public Works Department, the subject property
must be replatted to establish a new lot line to include additional property from the Brickell Park
subdivision or a Covenant in Lieu of Unity of Title which is in compliance with all applicable
provisions of the Zoning Ordinance, must be recorded prior to issuance of a building permit.
13) That the requested application for the Change of Zoning, and the accompanying Future
Land Use Change on this property are approved by the City Commission.
14) Pursuant to HEPB Resolution 2005-36, the applicant shall meet the following
conditions: (1) Prior to any archeological investigations or ground disturbing activities, submit the
following to the City of Miami: (a) An overlay map (scale of 1:200) showing the proposed
development area and proposed ground disturbing and land alteration activities in relationship to:
(i) The Miami Circle and Brickell Park; (ii) The detailed locations of all known cultural material and
human remains identified during previous investigations on the subject parcel, including Brickell
Park; (iii) Areas of archeological sensitivity within the Sheraton parcel; (b) An Unanticipated Finds
Plan that outlines (1) the specific steps to be followed and (2) the responsibilities of the applicant
should human remains be identified during archeological investigations or monitoring and
construction to ensure compliance with chapter 872, f.s. (offenses concerning dead bodies and
graves). Jurisdiction over human remains shall rest entirely with the State of Florida pursuant to
chapter 872; (2) Submit monthly reports to the City of Miami during any archeological monitoring
activities to document the results of any finds; (3) Provide written notice to the City within 24 hours
of the discovery of a significant archeological find or human remains; (4) Submit two final reports to
the City of Miami within 90 days of completion of the preliminary archeological investigations and
monitoring. If human remains are identified, a copy of the final report with a cover letter (with a
copy to the City of Miami) shall also be submitted to the Florida State Archaeologist; (5) Submit a
detailed archeological management plan, prior to the commencement of any construction
activities, to the City of Miami, if significant archeological material is identified; (6) No trees shall be
planted and/or relocated in that area west of the historic shoreline as delineated on the "Map
Showing Location of Proposed Tree Planting" prepared by the Archaeological Conservancy. (this
map is attached)
15) 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.
City of Miami
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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 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.
Footnotes:
{1} 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.
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