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MAJOR USE SPECIAL PERMIT
for
BRICKELL CITICENTRE
located at approximately
700 and 701 South Miami Avenue
CASE NO. 2005-066
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Briikell CitiCentre project (MU-2005-022) has
been reviewed to allow a Substantial Modification to a Major Use Special Permit, Reso-
lution 00-0286, pursuant to Articles 5, 9, 13, 17 and 22, located at approximately 700
and 701 South Miami Avenue, Miami, Florida, to allow a bifurcation of the previously ap-
proved Brickell Commons MUSP and a change in the application to construct a mixed
use three tower development ranging in height from approximately 740 feet to 808 feet
to be comprised of approximately 2,424 total multifamily residential units with recrea-
tional amenities; approximately 133,721 square feet of office space; approximately
90,336 square feet of retail and restaurant space; and approximately 3,480 total parking
spaces; providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MUSP, as per Article 17, Section 1701 (1) for development of 2,424 residential
units;
MUSP, as per Article 17, Section 1701 (7) for development of uses that require
2,808 parking spaces;
MUSP, as per Article 17, Section 1701 (2) for development of 221,159 square
feet of nonresidential floor area;
MUSP, as per Article 5, Section 502 (c), for development of a Planned Unit
Development permitting additional floor area of 416,242 square feet (20% of
permitted floor area);
Per City Code, Chapter 36, Construction Equipment Request for waiver of noise
ordinance while under construction for continuous pours.
The Major Use encompasses the following Special Permits:
CLASS 11 SPECIAL PERMITS
CLASS 11 SPECIAL PERMIT, as per Article 6, Section 607.3.1, for development
of new construction within the Central Brickell Rapid Transit Commercial -
Residential District;
CLASS II SPECIAL PERMIT as per Article 6, Section 607.7.1.1, to permit
additional floor area through developer contribution to the Affordable Housing
Trust Fund. Requesting an additional 346,869 square feet at an amount of
$12.40 per square foot for a total of $4,301,175.60;
CLASS 11 SPECIAL PERMIT, as per Article 6, Section 607.8.3, for open space
and residential recreational space;
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CLASS II SPECIAL PERMIT, as per Article 6, Section 607.10.2, for parking
reduction of 10% for development within 600 feet of Metromover station;
CLASS II SPECIAL PERMIT, as per -Article 9, Section 903.1, for a project
designed as a single site occupying lots divided by a street;
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, to permit driveways
of width greater than 25 feet;
CLASS II SPECIAL PERMIT, as per Article 9, Section 923.2.1, to reduce
dimensions of offstreet loading stalls or berths from 12' x 55' to 12' x 35';
CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary
off -site parking during construction;
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 Article 9, Section 918.2, for parking and
staging of construction crew during construction;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a
construction trailer and watchman's quarters and other temporary offices such as
leasing and sales.
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
Designation as a phased project, pursuant to Section 2502 of Zoning Ordinance
No, 11000.
REQUEST that the following MUSP conditions be satisfied at the time of Temporary
Certificate of Occupancy of Final Certificate of Occupancy instead of at issuance of
foundation permit
a) The requirement to record in the Public Records a Declaration of Covenants
and Restrictions providing that the ownership, operation and maintenance of all common
areas and facilities will be by the property owner or a mandatory property owner
association; and
b) The requirement to record in the Public Records a unity of title or covenant in
lieu of unity of title.
Pursuant to Articles 5, 9, 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.
In determining the appropriateness of the proposed project, the Planning
Department has referred this project to the Large Scale Development Committee
(LSDC) and the Planning Internal Design Review Committee for additional input
and recommendations; the following findings have been made:
• It is found that on March 23, 2000, the City Commission approved Resolution No.
00-0286, which approved the Master Development Program for the property which
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was a reverse "L" shape which went from SW 1 Avenue and SW 8 Street to the
south bank of the Miami River and the Metromover right-of-way, and comprised
1,700 units, 585,938 sq. ft. of retail, a 5,000-seat movie theater; and 3,241 parking
spaces.
• It is found that on December 11, 2001, an extension on the MUSP permit was
approved by the then Planning and Zoning Department.
• It is found that on March 22, 2004, a second extension on the MUSP permit was
approved by the then Planning and Zoning Department.
• It is found that the Brickell Commons MUSP is still in good standing.
• It is found that with the bifurcation that is part of this Substantial Modification, the
portion of the Brickell Commons project that was located between SW 7 Street and
the Miami River is no longer included as part of this proposed project.
• It is found that the proposed development project will benefit the area by creating
additional residential and commercial opportunities in the Downtown NET District,
located on South Miami Avenue between South 7th and South 8th Streets.
• It is found that the subject property is located in the "South City of Miami", "Patterson
and Olive" and "South Map of Miami" Plats within the Brickell Village neighborhood
of the City.
• It is found that the zoning designation of the property is SD-7 (Central Brickell Rapid
Transit Commercial Residential District).
• it is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Miami, Florida, the existing Future Land Use category for the property is "Restricted
Commercial".
• It is found that the proposed project is located on a Primary Pedestrian Pathway.
• It is found that the residential density -of the project (2,424 units at 434 units per
acre) is below the maximum 2,795 units (500 units per acre) on the 5.59± net acre
site.
• It is found that the project has convenient access to the Metromover system at the
Eighth Street station, located adjacent to the subject property, with connections to
the Metrorail and Tri-Rail systems, for efficient use of existing mass transit systems.
• Pursuant to Article 6, Section 607.7.1.1, the proposed project is requesting a
development bonus of 346,869 square feet of additional floor area, and shall pay
into the Affordable Housing Trust Fund at amount of $12.40 per square foot =
$4,301,175.60.
• It is found that the project is expected to cost approximately $2,216,432,714, and to
employ approximately 1,984 workers during construction (FTE-Full Time
Employees); The project will also result in the creation of approximately 75
permanent new jobs (FTE) and will generate approximately $11,888,977 annually in
tax revenues to the City (2005 dollars).
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• It is found that the proposed project was reviewed by the Internal Design Review
Committee on April 26, 2005. The Planning Department's review resulted in design
modifications that were then recommended for approval to the Planning Director
subject to conditions provided in the Development Order.
• It is found that on May 10, 2005, the Miami -Dade Aviation Department provided a
Height Analysis review of the proposed project and found that it conforms to the
Miami -Dade County Height Zoning Ordinances. The proposed building height
requires the applicant to file with the Federal Aviation Administration (FAA) Form
7460-1, "Notice of Proposed Construction Alteration for Determination of Known
Hazards". In addition, construction cranes for this project exceeding 200 feet in
height must be filed using the same form.
• It is found that the Large Scale Development Committee reviewed the project on
May 17, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on May 18, 2005, which recommended Approval
(UDRB Reso. 5-18-05-2) with the following conditions: (a) The space created from
the building footprint appears as residual negative space and requires attention.
Design this space with an arcade and define the space more appropriately; (b) The
size of the retail will require larger truck to be able to maneuver within the loading
area. Demonstrate how this will happento staff; (c) Provide a display window
fronting the service area along the street; Relocate the loft lobby away from the
loading entrance.
• It is found that the proposed project was reviewed by the Historic and Environmental
Preservation Board (HEPB) on June 7, 2005, which approved (HEPB 2005-39) a
Certificate of Appropriateness for ground disturbing activity involving new
construction within an Archaeological Conservation Area subject to the following
conditions: (1) Submit monthly reports to the City of Miami during any archeological
testing and monitoring activities to document the results of any finds; (2) Submit two
final reports to the City of Miami within 90 days of completion of the archeological
investigations and monitoring; (3) Submit a detailed archeological management or
mitigation plan to the City of Miami prior to the commencement of any further
archeological investigations or construction activities if significant archeological
material is identified.
• It is found that on June 9, 2005, the City's Traffic Consultant, URS Corp., provided a
review (W.O. #107) of the Traffic Impact Analysis submitted by the applicant and
has found the traffic analysis sufficient.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on July 20, 2005...,The student population generated by this
development is estimated at 442 students. The schools serving this area of
application are Southside Elementary (203 students) — 265% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Shenandoah Middle (111
students) — 123% FISH; and Booker T. Washington Senior High (128 students) -
62% FISH. Pursuant to the interlocal agreement, Southside Elementary and
Shenandoah Middle schools meet the review threshold of 115%. At an average of
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$6,549 per K-12 student, the total annual operating cost for the additional students
residing in this development, if approved, would total $2,894,658. Based on the
State's March 2005 student station cost factors, capital costs for the estimated
additional students to be generated by the proposed development is $7,119,047.
• It is found that with respect to all additional criteria as specified in Section 1305 of
Zoning Ordinance 11000, the proposal has been reviewed and found to be
adequate.
Based on these findings, the Planning Department is recommending approval of
the requested Development Project with the following conditions:
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
including the required Affordable Housing Trust fund contribution of $12.40 per square
foot for any applicable FAR increase sought under those provisions.
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 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 re-
sponsibility, building development process and review procedures, as well as specific
requirements for fire protection and life safety systems, exiting, vehicular access and
water supply, prior to the obtainment of a shell permit.
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 Con-
tractor/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 man-
datory 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
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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 Attorneys Office.
8) Provide the Planning Department with a temporary construction plan that in-
cludes 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 ap-
proval 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 Substantial Modification to a Major Use Special Permit in-
cludes the subordinate approval of a series of Class 1 Special Permits for which specific
details have not yet been developed or provided, the applicant shall provide the Plan-
ning Department with all subordinate Class l Special Permit plans and detailed require-
ments for final review and approval of each one prior to the issuance of any of the sub-
ordinate 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 in-
terim plan, including a landscape plan, which addresses design details for the land oc-
cupying future phases of this Project in the event that the future phases are not devel-
oped, 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) Final details on the appearance of the
art wall, including materials, colors, etc. for the east wall of the eastern building in the
proposal, adjacent to the Metromover, shall be provided to the Planning Department
prior to obtaining permits for erection of the art on that wall; and (b) Explore the possibil-
ity of providing a direct connection between the Metromover station and the building.
12) Pursuant to HEPB Resolution 2005-039, the applicant shall meet the follow-
ing conditions: (a) Submit monthly reports to the City of Miami during any archeological
testing and monitoring activities to document the results of any finds; (b) Submit two fi-
nal reports to the City of Miami within 90 days of completion of the archeological investi-
gations and monitoring; (c) Submit a detailed archeological management or mitigation
plan to the City of Miami prior to the commencement of any further archeological inves-
tigations or construction activities if significant archeological material is identified.
13) A development bonus to permit a mixed use of 346,869 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $4,301,175.60.
14) 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.
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