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SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
for
BRICKELL STATION
located at approximately
550 Brickell Avenue and 31, 39, 41, 47, 51, 57, 59 and 65 SE 6 Street
LEGISTAR FILE ID: 04-00650mm
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Brickell Station project (MU-2006-007) has been
reviewed to allow a Substantial Modification to a Major Use Special Permit, Resolution
04-0420, pursuant to Articles 5, 13, 17 and 22 of Zoning Ordinance No. 11000, as
amended, located at approximately 550 Brickell Avenue and 31, 39, 41, 47, 51, 57, 59
and 65 SE 6 Street, Miami, Florida, to allow the modification of the previously approved
500 Brickell MUSP, to construct an additional approximate 568-foot, 53-story high mixed
use structure to be comprised of approximately 230 total multifamily residential units
with recreational amenities, approximately 4,978 square feet of retail space, and ap-
proximately 307 total parking spaces, providing for certain floor area ratio ("FAR") bo-
nuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MUSP, as per Article 17, Section 1701, Definition (9) and Article 5, Sect. 502.
PUD districts; minimum area, maximum densities and maximum floor area ratios
permitted (a)(c), to allow up to 20 % increase of floor area ratio, for an increase
of approximately 94,352 square feet of floor area;
MUSP, as per Article 17, Section 1701, Definition (1), to allow a residential de-
velopment involving in excess of two hundred (200) dwelling units;
The Substantial Amendment to the Major Use Special Permit encompasses the
following Special Permits and the additional requests:
VARIANCES
REQUEST, for VARIANCES, as per, Article 19, Section 1901, Article 6, Section
607, Sub -Section 607.8, Sub -Section 607.8.1, Minimum Yards;
SE 5th Street
Required Street Side Yard
Proposed Street Side Yard
Request to waive
SE 6th Street
Required Street Side Yard
Proposed Street Side Yard
Request to waive
15 feet-0 inch
2 feet-10 inches
12 feet-2 inches
15 feet-0 inch
2 feet-10 inches
12 feet-2 inches
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SE 1st Avenue
Required front yard
Proposed front yard
Request to waive
15 feet-0 inch
3 feet-1 inch
11 feet-11 inches
REQUEST, for VARIANCES, as per, Article 19, Section 1901, Article 6, Section
607, Sub -Section 607.8, Sub -Section 607.8.2, Sub -Section 607.8.2.1 (1) Maxi-
mum ground floor setbacks;
Maximum ground setback allowed:
Maximum ground setback proposed:
Request to waive
SE 1st Avenue
20 feet-0 inch
27 feet-3/4 inch
7 feet-3/4 inches
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 6, Section 607.3, Class II Special
Permit, to allow erection of any new building in SD-7 district;
CLASS II SPECIAL PERMIT, as per Article 6, Section 607.8, Sub -Section
607.8.3 Open space and residential recreational space, to allow open space and
and/or residential space conforming " The City of Miami Design Guides and
Standards for Open Space and Residential Recreational Space";
CLASS II SPECIAL PERMIT, as per Article 9, Section 923, Sub -Section 923.2,
Sub -Section 923.2.1. Reduction in stall dimensions by Class II Special Permit;
criteria and limitations on reductions, to allow reduction of three (3) loading berth
dimensions as follows;
Required: Three (3) 12 feet wide x 35 feet long x 15 feet high
Proposed: Three (3) 10 feet wide x 20 feet long x 15 feet high
CLASS II SPECIAL PERMIT, as per Article 9, Section 927. Temporary struc-
tures, occupancies, and uses during construction, criteria for special permits, to
allow temporary structures, occupancies, and uses reasonably necessary for
construction such as construction fence, covered walkway and if encroaching
public property must be approved by other city departments;
CLASS II SPECIAL PERMIT, as per Article 15, Sect.1512, Off -Street Parking
Guides & Standards, B. Length and width of stalls, to allow a waiver of the re-
quired one (1) additional foot to the stall width dimension, in nine (9) out of the
sixty eight (68) parking stalls in surplus of the two hundred thirty nine (239) re-
quired, abutting a wall, fence, building, or other physical obstruction to permit the
minimum stall width dimension of 8'-6" from the face of any obstruction;
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CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per Article 9, Section 906, Sub -Section 906.9.
Temporary special events; special permits; criteria, to allow temporary carnival,
festival, fair or similar type event on privately owned or City -owned land such as
a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per Article 9, Section 916, Sub -Section 916.2.1.
Temporary special event parking, to allow parking for temporary special event
such as ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918, Sub -Section 918.2.
Temporary off-street offsite parking for construction crews, criteria, to allow tem-
porary off-street offsite parking for construction crews working on a commercial -
residential project under construction;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920, Sub -Section 920.1.2.
Limitations on occupancy of mobile homes, to allow parking of mobile homes,
trailers or manufactured homes, when authorized for security or other purposes
in connection with land development such as construction trailer(s) and other
temporary construction offices such as watchman's quarters, leasing and sales
centers;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.6, Sub -Section
10.6.3.7, SD-7 Central Brickell Rapid Transit Commercial -Residential District,
Temporary Signs (3) , to allow temporary development signs;
REQUEST, for waiver of Chapter 36 Noise, Section 36-6 Construction Equipment (a)
permitting the operation of construction equipment exceeding the sound level of a read-
ing of 0.79 weighted average dBA at any time and/or day subject to the City Manager
Exception pursuant to Section 36-6 (c) and all the applicable criteria;
REQUEST for applicable Substantial Modification of Major Use Special Permit, that the
following conditions be required at the time of issuance 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, 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
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(LSDC) and the Planning Internal Design Review Committee for additional input
and recommendations; the following findings have been made:
• It is found that this Substantial Modification to a Major Use Special Permit will allow a
development of an additional approximate 568-foot, 53-story high mixed use
structure to the west of the 500 Brickell MUSP site to be comprised of approximately
230 total multifamily residential units with recreational amenities, approximately
4,978 square feet of retail space, and approximately 307 total parking spaces,
providing for certain floor area ratio ("FAR") bonuses.
• 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 at northeast corner of SE 1 Avenue and SE 6 Street.
• It is found that the subject property is located in the "Brickell's Addition to the Map of
Miami" Plat within the Brickell Village neighborhood of the City.
• It is found that the existing zoning designation for the Brickell Station site (Lots 9 thru
11) pursuant to the Zoning Ordinance of the City of Miami, Florida is SD-7 (Central
Brickell Rapid Transit Commercial -Residential). The zoning designation for the 500
Brickell Site (Lots 1 thru 8) is SD-5 (Brickell Avenue Area Office -Residential).
• It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Miami, Florida, the existing Future Land Use category for the Brickell Station site
(Lots 9 thru 11) is "Restricted Commercial". The existing Future Land Use category
for the 500 Brickell site is "Office" (Lots 1 thru 3) and "Restricted Commercial" (Lots
4 thru 8).
• It is found that the proposed project is located along a Primary Pedestrian Pathway.
• It is found that the project has convenient access to the Metromover system at the
Fifth Street station, located just north and west of the subject property, with
connections to the Metrorail and Tri-Rail systems, for efficient use of existing mass
transit systems.
• It is found that the proposed project is located within an Archeological Conservation
area.
• It is found that the proposed project is located in FEMA Flood Zone "AE-9".
• It is found that the residential density of the entire site (232 units at 0.465± acre-
Brickell Station and 633 units at 1.268± acre-500 Brickell) is a total of 865 units at
500 units per acre. This is two (2) units less than the maximum density permitted
(500 units per acre) on the 1.733± net acre site.
• It is found that the total allowable combined floor area without bonuses for the
1.097± gross acre site (Brickell Station only) at a Floor Area Ratio (FAR) of 8.0 is
382,456 square feet. The project as proposed is requesting a bonus of 20% PUD
(197,427 sq. ft. less the approved 103,075 sq ft. for the 500 Brickell project = 94,352
sq. ft.) for a total proposed FAR of 291,792 square feet (286,814 sq. ft.
residential/95,614 sq. ft. non-residential) from an allowable 417,733 square feet
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(322,119 sq. ft. residential/4,978 sq. ft. non-residential) with a remaining surplus of
125,941 sq. ft.
• It is found that the maximum height of the proposed structure is approximately 568
feet. Pursuant to Article 6, Section 607.9., there are no height limits in the SD-7
zoning district.
• It is found that the proposed total number of parking spaces (approximately 307
including 6 Handicapped) for the project is above the required number of 239
parking spaces, including 6 Handicapped.
• It is found that although the parking podiums for both the Brickell Station project and
the 500 Brickell project abut each other, there is no vehicular connection between
the two facilities.
• It is found that the project is expected to cost approximately $66,930,000, and to
employ approximately 362 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 14 permanent new jobs
(FTE) for building operations and will generate approximately $1,097,199 annually in
tax revenues to the City (2006 dollars).
• It is found that the proposed project was reviewed by the Historic and Environmental
Preservation Board (HEPB) on December 6, 2005, which approved (HEPB 2005-98)
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
(2) 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 December 30, 2005, the City of Miami Public Works Department
provided a review of the project and commented that that the following street
improvements shall be required: (1) SE 5 Street - Construct new sidewalk, curb and
gutter on the south side of the street adjacent to the project site in accordance with
the City's standard cross-section. Mill and resurface the entire width, curb to curb,
between the Metromover and Brickell Avenue. Coordinate the resurfacing with the
"500 Brickell" project and the "Brickell on the River" project; (2) SE 6 Street -
Construct new sidewalk, curb and gutter on the north side of the street adjacent to
the project site. Mill and resurface the entire width, curb to curb, between the
Metromover and Brickell Avenue. Coordinate the resurfacing with the "500 Brickell"
project and the "600 Brickell" project; (3) SE 1 Avenue — Replace broken and
damaged curb and gutter adjacent to the project site. Mill and resurface the entire
width, curb to curb, between SE 5 Street and SE 6 Street.
• It is found that on January 3, 2006, 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. In addition, the analysis indicates
that the structure may impact the Terminal Instrument Procedures (TERPS) for
Departure and/or Approach on some of the runways at Miami International Airport
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(MIA). Any proposed construction exceeding 200 feet 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 Miami -Dade Public Schools provided a preliminary review of the
proposed project on January 6, 2006. The student population generated by this
development is estimated at 47 students. The schools serving this area of
application are Southside Elementary (22 students) — 173% Florida Inventory School
Houses (FISH) Capacity with the proposed project; Shenandoah Middle (12
students) — 105% FISH; and Booker T. Washington Senior High (13 students) —
69% FISH. Pursuant to the interlocal agreement, none of the schools meet the
review threshold of 115%.
• It is found that the Large Scale Development Committee reviewed the project on
January 25, 2006 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 February 15, 2006, which recommended
Approval (UDRB Reso. 2-15-06-9).
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on February 8, 2006, and the following revised pertinent comments were
made after the February 15, 2006 UDRB Meeting: Parking Garage — (1) We
appreciate the continued refinement of the treatment on the garage facade. Please
add an element of stucco (possible eyebrow) beneath the proposed glass panels,
shown at the UDRB meeting, to accent this composition and break the garage
massing to a perceivable level; (2) Any proposed screening shall block lighting from
within the garage from view at night except the glass areas may give ambient
lighting to artistically accentuate the composition at night. A filter cloth mesh may be
used behind the metal blades to allow air flow and block light; (3) The department
continues to be concerned that the proposed metal blade composition on the garage
will be perceived as a large grill and does not relate to the human experience on the
street or as seen from other buildings. Ideas discussed at our meeting on 2/7/2006
included adding additional stucco details and adding additional materials and colors
to help break down this large space and create an extrapolation of tower elements
and materials with the proposed garage screening. The scheme presented at UDRB
began to help this condition; Pedestrian Realm - (1) Add shade trees along SE 5th
Street in the public right-of-way continuing the same planting as proposed in the 500
Brickell project. A public easement may be required along the arcade for ADA
accessibility compliance; (2) Refine the landscape plan of the pedestrian plaza at the
corner of SE 5th Street and SE 1st Avenue. Cluster a few of these into pervious
landscape beds to soften this corner; (3) The sidewalk around the SW corner of the
site should remain a minimum width equivalent- extension of the arcade along SE 6th
Street. The Planning Department's review resulted in design modifications that were
then recommended for approval to the Planning Director.
• It is found that on February 28, 2006, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #149) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient.
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• It is found that the proposed project was reviewed by the Miami Zoning Board on
April 24, 2006, Item No. 7, for a Variance on Ground Floor, Side and Front yard
setbacks, in which the Board recommendation of APPROVAL passed (Reso. ZB-06-
1173) by vote of five to one (5-1).
• It is found that with respect to all additional criteria as specified in Section 1305.2 of
Zoning Ordinance 11000, the proposal has been found to adhere to the following
Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and
Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and
Open Space; (5) Vehicular Access and Parking; (6) Screening; (7) Signage and
lighting; (8) Preservation of Natural Features; and (9) Modification of
Nonconformities.
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.
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.
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 Attorney's 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 Substantial Modification to a Major Use Spe-
cial 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 I 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 I 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) Add an element of stucco (possible
eyebrow) beneath the proposed glass panels of the parking garage to accent this com-
position and break the garage massing to a perceivable level; (b) Any proposed screen-
ing shall block lighting from within the garage from view at night except the glass areas
may give ambient lighting to artistically accentuate the composition at night. (c) Add
shade trees along SE 5th Street in the public right-of-way continuing the same planting
as proposed in the 500 Brickell project; (c) Refine and soften the landscape plan of the
pedestrian plaza at the corner of SE 5th Street and SE 1st Avenue by incorporating clus-
tered pervious landscape beds.
12) Pursuant to comments by the City of Miami Public Works Department, the
following street improvement shall be required of the applicant: (a) SE 5 Street - Con-
struct new sidewalk, curb and gutter on the south side of the street adjacent to the pro-
ject site in accordance with the City's standard cross-section. Mill and resurface the en-
tire width, curb to curb, between the Metromover and Brickell Avenue. Coordinate the
resurfacing with the "500 Brickell" project and the "Brickell on the River" project; (b) SE 6
Street - Construct new sidewalk, curb and gutter on the north side of the street adjacent
to the project site. Mill and resurface the entire width, curb to curb, between the Metro -
mover and Brickell Avenue. Coordinate the resurfacing with the "500 Brickell" project
and the "600 Brickell" project; (c) SE 1 Avenue — Replace broken and damaged curb
and gutter adjacent to the project site. Mill and resurface the entire width, curb to curb,
between SE 5 Street and SE 6 Street.
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13) Prior to the issuance of a building permit, the applicant shall submit a letter of
approval of the proposed height from the Miami -Dade County Aviation Department. If no
such approvals are granted, the height of the proposed project shall be reduced to those
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated January 3, 2006.
14) Pursuant to HEPB Resolution 2005-098, 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.
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.
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