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File Number_ 05-00764a Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED,
FOR THE BRISAS DEL. RIO PROJECT, TO BE LOCATED AT APPROXIMATELY
1583 NORTHWEST 24TH AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A
MIXED -USE HIGH RISE AND TOWNHOUSE CLUSTER DEVELOPMENT THAT
INCLUDES THREE TOWERS RANGING IN HEIGHT FROM 177 FEET TO 247
FEET TO BE COMPRISED OF APPROXIMATELY 698 TOTAL MULTIFAMILY
RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY
2,200 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 1,158 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 4, 2005, Ben Fernandez, Esq., on behalf of Brisas del Rio, Inc., owner
(referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for
Brisas del Rio (referred to as "PROJECT") pursuant to Articles 9, 13 and 17 of Zoning Ordinance No.
11000, for the property located at approximately 1583 NW 24th 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 Historic and Environmental Preservation Board met on September 22, 2004, to
consider the proposed project and recommended APPROVAL; and
WHEREAS, the Large Scale Development Committee met on November 9, 2004 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 Zoning Board at its meeting of July 11, 2005, Item No. 8, adopted a
Resolution by a vote of eight to one (8-1), recommending APPROVAL of a Change of Zoning requiring
City Commission approval as hereinafter set forth; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 20, 2005 Item No. 6,
following an advertised public hearing, adopted Resolution No. PAB 88-05 by a vote of six to zero (6-
0), recommending APPROVAL with conditions of the Major Use Special Permit Development Order as
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File Number: 05-00764a
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;
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 1583 NW 24 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 high rise and
townhouse duster development that includes three towers ranging in height from 177 feet to 247 feet
to be comprised of approximately 698 total multifamily residential units with recreational amenities;
approximately 2,200 square feet of retail space; and approximately 1,158 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, as hereinafter set forth.
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 C-1 (Restricted Commercial) for Parcel 2 and R-
3 (Multifamily Medium -Density Residential) for Parcel 1 Zoning classifications of Zoning Ordinance No.
11000, the Zoning Ordinance of the City of Miami, Florida, as amended.
c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT that have been found by the City Commission (based upon facts and reports prepared or
submitted by staff or others) to adhere to the following Design Review Criteria (as appropriate to the
nature of the special permit involved in the Project and the particular circumstances of the case)
subject to the applicable conditions in the Development Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
I) Site and Urban Planning:
(1) Respond to the physical Yes. *Yes.
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Yes. *Yes.
impact of automobile parking
and driveways on the pedestrian
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environment and adjacent
properties;
(3) Buildings on corner lots Yes. *Yes.
should be oriented to the corner
and public street fronts.
11) Architecture and Landscape Architecture:
(1) A project shall be designed Yes. *yes.
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood Yes. *Yes.
context;
(3) Create a transition in bulk Yes. *Yes.
and scale;
(4) Use architectural styles Yes. *Yes.
and details (such as roof lines
and fenestration), colors and
materials derivative from
surrounding area;
(5) Articulate the building facade Yes. *Yes.
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
III) Pedestrian Oriented Development:
(1) Promote pedestrian Yes. *yes.
interaction;
(2) ❑esign facades that Yes. *Yes.
respond primarily to the
human scale;
(3) Provide active, not blank Yes. *Yes.
facades. Where blank walls
are unavoidable, they should
receive design treatment.
IV) Streetscape and Open Space:
(1) Provide usable open space Yes. *yes.
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant Yes. *yes.
material, trellises, special
pavements, screen walls, planters
and similar features should be
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appropriately incorporated to
enhance the project.
V) Vehicular Access and Parking:
(1) Design for pedestrian and Yes. 'Yes.
vehicular safety to minimize
conflict points;
(2) Minimize the number and Yes. *Yes.
width of driveways and curb
cuts;
(3) Parking adjacent to a street Yes. *Yes.
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas Yes. *Yes.
as district buffer.
VI) Screening:
(1) Provide landscaping that Yes. 'Yes.
screen undesirable elements,
such as surface parking lots,
and that enhances space and
architecture;
(2) Building sites should locate Yes. *yes.
service elements like trash
dumpster, loading docks, and
mechanical equipment away
from street front where possible.
When elements such as
dumpsters, utility meters,
mechanical units and service
areas cannot be located away
from the street front they should
be situated and screened from
view to street and adjacent
properties;
(3) Screen parking garage Yes. *Yes.
structures with program uses.
Where program uses are not
feasible soften the garage
structure with trellises,
landscaping, andior other
suitable design element.
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Vll) Signage and Lighting:
(1) Design signage appropriate Yes. *Yes.
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes. *yes.
feature to the building facade,
on and around landscape
areas, special building or
site features, and/or signage;
(3) Orient outside lighting to Yes. *Yes.
minimize glare to adjacent
properties;
(4) Provide visible signage Yes. *Yes.
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
(1) Preserve existing vegetation Yes. *Yes•
and/or geological features
whenever possible.
IX) Modification of Nonconformities:
(1) For modifications of Yes. *Yes.
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform Yes. *Yes.
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
*Compliance is subject to conditions.
These findings have been made by the City Commission to approve this project with conditions.
d. The PROJECT is expected to cost approximately $110,191,000, and to employ approximately
550 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the
creation of approximately 30 permanent new jobs (FTE). The PROJECT will generate approximately
$2,614,641 annually in tax revenues to the City (2005 dollars).
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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 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 March 9, 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 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 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
City of Miami
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the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special
Permit for Brisas del Rio (MU-2005-005), (hereinafter referred to as the "PROJECT") to be
located at approximately 1583 NW 24th 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:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately 1583 NW
24th Avenue, Miami, Florida. The PROJECT is located on a gross lot area of approximately 9.44±
acres and a net lot area of approximately 6.11 ± acres of land (more specifically described an
"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 high rise and townhouse cluster development that
includes three towers ranging in height from 177 feet to 247 feet to be comprised of approximately
698 total multifamily residential units with recreational amenities, approximately 2,200 square feet
of retail space; and approximately 1,158 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, Section 1701, to permit residential in excess of two hundred (200)
dwelling units. Proposed 698 units;
MUSP, as per Article 17, for development to provide parking in excess of 500 spaces or
more. Proposed 1174 parking spaces;
MUSP, as per Article 5, Section 502, PUD district, to increase the floor area by twenty
percent for a total of 86.249 square feet of bonus;
Per City Code, Chapter 36, Construction Equipment Request for waiver or noise ordinance
while under construction for continuous pours.
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 15, Section 1514 to permit new development
on property adjacent to the Miami River;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for a temporary construction
fence and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary off -site
parking during construction;
CLASS I SPECIAL PERMITS
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CLASS C 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 I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
CLASS l SPECIAL PERMIT, as per Article 9, Section 920.1(d), to allow a construction
trailer;
CLASS I SPECIAL PERMIT. as per Article 9, Section 920.1.2, to allow a temporary sales
office trailer.
REQUEST that the following MUSP conditions be satisfied at the time of shell permit instead of at
issuance of foundation permit
a) The requirement to provide a letter of assurance for the Solid Waste Department; and
b) 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 and/or a mandatory property owner association; and
c) The requirement to record in the Public Records a unity of title or covenant in lieu of unity of
title.
Pursuant to Articles 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 Principal Planning Partners and Jorge Dorta-Duque, dated
February 28, 2005; the landscape plan shall be implemented substantially in accordance with
plans and design schematics on file prepared by Mariano Corral, ASLA, dated February 28, 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 C-1 (Restricted Commercial)
for Parcel 2 and R-3 (Multifamily Medium -Density Residential) for Parcel 1 Zoning classifications,
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.
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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 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.
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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) Provide a sample of the color metal roof to be used for the
townhouse element, for review and approval by the Planning Director; (b) It is critical that parked
cars and mechanical systems within the garages be hidden from view. Provide details of the
materials proposed to cover the garage openings, and indicate how all vehicles and mechanical
systems within the garage will be concealed from public view; (c) Any blank wall areas facing the
open space recreation areas within the site shall be articulated to provide an attractive
appearance; (d) Provide additional benches within the landscaped areas throughout the site and
along the river so as to encourage activity and pedestrian use.
12) Pursuant to HEPB Resolution 2004-076, the applicant shall meet the following
conditions: (a) Archeological resting prior to construction and monitoring during ground disturbing
activity shall be provided in accordance with the revised archeological management plan submitted
by the Archeological and Historical Conservancy, Inc., revised September, 2004; (b) The City
Archeologist will be notified prior to construction activities and in the event of a significant
discovery, as per the management plan submitted; (c) A final report shall be submitted to the City
Archeologist documenting the results of this investigation.
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) 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.
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
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(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.
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.
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