HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami,ti.us
File Number: 05-00765 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A
MAJOR USE SPECIAL PERMIT (MUSP), RESOLUTION NO. 00-0286, PURSUANT
TO ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS
AMENDED, FOR THE BRICKELL CITICENTRE PROJECT, TO BE LOCATED AT
APPROXIMATELY 700 AND 701 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, TO
ALLOW A BIFURCATION OF THE PREVIOUSLY APPROVEā 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
RECREATIONAL 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;
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 March 23, 2000, the City Commission approved Resolution No. 00-0286, which
approved a Master Development Program for the Brickeil Commons Major Use Special Permit, located
on South Miami Avenue between SW 7 Street and SW 8 Street, Miami, Florida; and
WHEREAS, on June 7, 2005, Tony Recio, Esq. on behalf of Miami Retail Partners, LLC,
Owner, and Brickeil CitiCentre, LLC, Contract Purchaser (referred to as "APPLICANT"), submitted a
complete Application for Substantial Modification to a Major Use Special Permit for Brickell CitiCentre
(referred to as "PROJECT") pursuant to Articles 5, 9, 13, 17 and 22 of Zoning Ordinance No. 11000,
for the property located at approximately 700 and 701 South Miami Avenue; Miami, Florida, as legally
described in "Exhibit A", attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Substantial Modification to a
Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance
of the City of Miami, Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on May 17, 2005 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on May 18, 2005, to consider the
proposed project and recommended APPROVAL; and
WHEREAS, the Historic and Environmental Preservation Board met on June 7, 2005, to consider
the proposed project and recommended APPROVAL; and
City of Miami
Page 1 of 8 Printed On: 9/8/2005
File Number: 05-00755
WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 20, 2005 Item No. 4,
following an advertised public hearing, adopted Resolution No. PAB 86-05 by a vote of six to zero (6-
0), recommending APPROVAL with conditions of a Substantial Modification to the Major Use Special
Permit 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 Substantial Modification to a Major Use Special Permit Development
Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. A Substantial Modification to a Major Use Special Permit Development Order,
incorporated within, 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 700 and 701 South Miami Avenue, Miami, Florida, more particularly described on
"Exhibit A," attached and incorporated.
Section 3. The PROJECT is to allow a bifurcation of the previously approved 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 recreational 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.
Section 4. The Substantial Modification to a Major Use Special Permit Application for the Project
also encompasses the lower ranking Special Permits as set forth in the Development Order.
Section 5. The findings of fact set forth below are made with respect to the subject PROJECT:
a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as
amended.
b. The PROJECT is in accord with the SD-7 (Central Brickell Rapid Transit Commercial
Residential District) Zoning classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the
City of Miami, Florida, as amended.
c. Pursuant to Section 1305 of the Zoning Ordinance of the City of Miami, Florida, the specific site
plan aspects of the PROJECT, i.e., ingress and egress, parking, signs and lighting, utilities, drainage,
preservation of natural features and control of potentially adverse effects generally, have been
considered and will be further considered administratively during the process of issuing a building
permit and a certificate of occupancy.
d. The PROJECT is expected to cost approximately $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). The PROJECT will generate
approximately $11,888,977 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;
City of Miami Page 2 of 8 Printed On: 9/8/2005
File Number: 05-00765
(2) the PROJECT will efficiently use public transportation facilities;
(3) any potentially adverse effects of the PROJECT will be mitigated through compliance with
the conditions of this Substantial Modification to a Major Use Special Permit;
(4) the PROJECT will favorably affect the need for people to find adequate housing reasonably
accessible to their places of employment;
(5) the PROJECT will efficiently use necessary public facilities;
(6) the PROJECT will not negatively impact the environment and natural resources of the City;
(7) the PROJECT will not adversely affect living conditions in the neighborhood;
(8) the PROJECT will not adversely affect public safety;
(9) based on the record presented and evidence presented, the public welfare will be served by
the PROJECT; and
(10) any potentially adverse effects of the PROJECT arising from safety and security, fire
protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority
participation and employment, and minority contractor/subcontractor participation will be mitigated
through compliance with the conditions of this Substantial Modification to a Major Use Special Permit.
Section 6. The Substantial Modification to a Major Use Special Permit, as approved and amended,
shall be binding upon the APPLICANT and any successors in interest.
Section 7. The application for Substantial Modification to a Major Use Special Permit, which was
submitted on June 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, incorporated within.
Section 10. The Substantial Modification to a Major Use Special Permit Development Order for
the PROJECT is granted and issued.
Section 11. In the event that any portion or section of this Resolution or the Development Order
is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction,
such decision shall in no manner affect the remaining portions of this Resolution or Development
Order which shall remain in full force and effect.
Section 12. The provisions approved for this Substantial Modification to a Major Use Special
Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the
Resolution.
Section 13. This Substantial Modification to a Major Use Special Permit, as approved, shall
expire two (2) years from its commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
City of Miami
Page 3 of 8 Printed On: 9/8/2005
File Number: 05-00765
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 9, 13, 17 and 22 of Ordinance No. 11000, the
Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the
Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a
Substantial Modification of a Major Use Special Permit for Brickell CitiCentre (MU-2005-022),
(hereinafter referred to as the "PROJECT") to be located at approximately 700 and 701 South Miami
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 Substantial Modification to a Major Use Special Permit and issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately 700 and 701
South Miami Avenue, Miami, Florida. The PROJECT is located on a gross lot area of approximately
7.96± acres and a net lot area of approximately 5.59± 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 bifurcation of the previously approved 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 recreational 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,
The Substantial Modification to a Major Use Special Permit Application for the PROJECT also
encompasses the following lower ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MUSP, as per Article 17, 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.
City of Miami
Page 4 of 8 Printed On. 9/8/2005
File Number: 05-00765
CLASS II SPECIAL PERMITS
CLASS II 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 11 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;
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 11 SPECIAL PERMIT, as per Article 9, Section 903.1, fora 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 1 SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and staging of
construction crew during construction;
CLASS 1 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.
The PROJECT shall be constructed substantially in accordance with plans and design schematics
on file prepared by Arquitectonica, dated June 16, 2005; the landscape plan shall be implemented
substantially in accordance with plans and design schematics on file prepared by EDAW, dated May
23, 2005; said design and landscape plans may be permitted to be modified only to the extent
City of Miami
Page 5 of 8 Printed On: 9/8/2005
File Number: 05-00765
necessary to comply with the conditions for approval imposed herein; all modifications shall be subject
to the review and approval of the Planning Director prior to the issuance of any building permits; and
The PROJECT conforms to the requirements of the SD-7 "Central Brickell Rapid Transit
Commercial Residential District "Zoning classification, as contained in the Zoning Ordinance, the
Zoning Ordinance of the City of Miami, Florida, as amended. The existing comprehensive plan future
land use designation on the subject property allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY,
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE
FOLLOWING:
1) Meet all applicable building codes, land development regulations, ordinances and other laws
and pay all applicable fees due prior to the issuance of a building permit 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 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, 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
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
City of Miami
Page 6 of 8 Printed On: 9/8/2005
File Number: 05-00765
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 Substantial Modification to a Major Use Special Permit includes the
subordinate approval of a series of Class I Special Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Planning Department with all subordinate Class
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) 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 wail;
and (b) Explore the possibility of providing a direct connection between the Metromover station and the
building
12) Pursuant to HEPB Resolution 2005-039, the applicant shall meet the following 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 final reports to the City of Miami within
90 days of completion of the archeological investigations and monitoring; (c) 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.
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.
City of Miami
Page 7 of 8 Printed On: 9/8/2005
File Number: 05-00765
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date of its issuance;
the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the
provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of
Miami, and complies with local land development regulations and further, pursuant to Section 1703 of
the Zoning Ordinance:
(1) the PROJECT will have a favorable impact on the economy of the City; and
(2) the PROJECT will efficiently use public transportation facilities; and
(3) the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment; and
(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural resources of the
City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be mitigated through conditions of
this 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 Miarni.
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.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
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.
City of Miami
Page 8 of 8 Printed On: 9/8/2005