HomeMy WebLinkAboutPAB LegislationDRAFT
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..Title
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING
WITH CONDITIONS, 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, FOR THE BRICKELL STATION PROJECT (MU-
2006-007), 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 PROJECT, 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 APPROXIMATELY 309 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR
AREA ("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.
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WHEREAS, on June 24, 2004, the City Commission approved Resolution No. 04-0420,
which approved a Master Development Program for the 500 Brickell MUSP project, located at
approximately 550 Brickell Avenue and 31, 39, 41, 47, 51, 57, 59 and 65 SE 6 Street, Miami,
Florida;
WHEREAS, on March 6, 2006, Adrienne F. Pardo, Esquire, on behalf of City National
Bank of Florida, a national banking association, as Trustee under Trust No. 2401-1578-00 (the
"Trust"), TRG-500 Brickell Holding, Ltd. and the Related Group of Florida as Developer
(referred to as "APPLICANT"), submitted a complete Application for Substantial Modification to
a Major Use Special Permit for the Brickell Station (MU-2006-007) (referred to as
"PROJECT") pursuant to Articles 5, 13, 17 and 22 of Zoning Ordinance No. 11000, for the
property located at approximately 550 Brickell Avenue and 31, 39, 41, 47, 51, 57, 59 and 65 SE
6 Street, 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 Historic and Environmental Preservation Board met on December 6,
2005, to review the proposed project for a Certificate of Appropriateness and recommended
APPROVAL; and
WHEREAS, the Large Scale Development Committee met on January 25, 2006 to
consider the proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on February 15, 2006, to
consider the proposed project and recommended APPROVAL; and
WHEREAS, the Miami Zoning Board, at its meeting held on April 24, 2006, Item No. 7,
following an advertised public hearing, adopted Resolution No. ZB-06-1173 by a vote of five to
one (5-1), recommending APPROVAL of a Variance for the proposed project; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on May 17, 2006
Item No. 4, following an advertised public hearing, adopted Resolution No. PAB *-* by a vote of
--- to --- (*-*), recommending ---- with conditions as presented in the Substantial Modification to
Major Use Special Permit Development Order as attached and incorporated; 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 550 Brickell Avenue and 31, 39, 41, 47, 51, 57, 59 and 65 SE 6
Street, Miami, Florida, more particularly described on "Exhibit A", attached and incorporated.
Section 3. The PROJECT is approved to allow a change in the application to construct
an additional approximate 568-foot, 53-story mixed use structure adjacent to the approved 500
Brickell MUSP, consisting 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.
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 existing SD-7 (Central Brickell Rapid Transit
Commercial -Residential) zoning classification 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 subject to the any applicable conditions in the Development Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
(1) Respond to the physical
contextual environment taking
I) Site and Urban Planning:
Yes. *Yes.
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into consideration urban form
and natural features;
(2) Siting should minimize the Yes. *Yes.
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner Tots Yes. *Yes.
should be oriented to the corner
and public street fronts.
II) 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) Design 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;
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(2) Landscaping, including plant Yes. *Yes.
material, trellises, special
pavements, screen walls, planters
and similar features should be
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, and/or other
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suitable design element.
VII) 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 $66,930,000, and to employ
approximately 362 workers during construction (FTE-Full Time Employees); the PROJECT will
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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).
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 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 March 6, 2006, and on file with the Planning Department of the
City of Miami, Ftorida, 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 transrnit
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,
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shall expire two (2) years from its commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {1}
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 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 to a Major Use Special Permit for the Brickell Station (MU-2006-007),
(hereinafter referred to as the "PROJECT") to be located at approximately 550 Brickell Avenue
and 31, 39, 41, 47, 51, 57, 59 and 65 SE 6 Street, 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
550 Brickell Avenue and 31, 39, 41, 47, 51, 57, 59 and 65 SE 6 Street, Miami, Florida. The
PROJECT is located on a gross lot area of approximately 1.097± acres and a net lot area of
approximately 0.465± 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 to construct an additional approximate 568-foot, 53-story
mixed use structure adjacent to the approved 500 Brickell MUSP, consisting of approximately 230
total multifamily residential units with recreational amenities; approximately 4,978 square feet of
retail space; and approximately 309 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, 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;
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MUSP, as per Article 17, Section 1701, Definition (1), to allow a residential development
involving in excess of two hundred (200) dwelling units;
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
SE 1st Avenue
Required front yard
Proposed front 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
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) Maximum 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-
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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 structures,
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 required 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) required, 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;
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 temporary
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 reading 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;
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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.
The PROJECT shall be constructed substantially in accordance with plans and design
schematics on file prepared by Arquitectonica, dated February 24, 2006; the landscape plan
shall be implemented substantially in accordance with plans and design schematics on file
prepared by Urban Landscape, Inc., dated February 22, 2006; 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 SD-7 (Central Brickell Rapid Transit
Commercial -Residential) 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.
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,
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building development process and review procedures, as well as specific requirements for fire
protection and life safety systems, exiting, vehicular access and water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of Solid
Waste that the PROJECT has addressed all concerns of the said Department prior to the
obtainment of a shell permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for
Development Approval, with the understanding that the APPLICANT must use its best efforts to
follow the provisions of the City's Minority/Women Business Affairs and Procurement Program
as a guide.
6) Record the following in the Public Records of Dade County, Florida, prior to the
issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of
Covenants and Restrictions providing that the ownership, operation and maintenance of all
common areas and facilities will be by the property owner or a mandatory property owner
association in perpetuity.
7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the
MUSP permit resolution and development order, and further, an executed, record able unity of
title or covenant in lieu of unity of title agreement for the subject property; said agreement shall
be subject to the review and approval of the City Attorney's Office.
8) Provide the Planning Department with a temporary construction plan that includes the
following: a temporary construction parking plan, with an enforcement policy; a construction
noise management plan with an enforcement policy; and a maintenance plan for the temporary
construction site; said plan shall be subject to the review and approval by the Planning
Department prior to the issuance of any building permits and shall be enforced during
construction activity. All construction activity shall remain in full compliance with the provisions
of the submitted construction plan; failure to comply may lead to a suspension or revocation of
this Substantial Modification to a 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) Add an element of stucco (possible eyebrow)
beneath the proposed glass panels of the parking garage to accent this composition and break
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the garage massing to a perceivable level; (b) 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. (c) Add shade trees along SE 5t 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 clustered 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 - 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; (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 Metromover 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.
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 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.
15) Within 90 days of the effective date of this Development Order, record a certified
copy of the Development Order specifying that the Development Order runs with the land and is
binding on the Applicant, its successors, and assigns, jointly or severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date of its
issuance; the issuance date shall constitute the commencement of the thirty (30) day period to
appeal from the provisions of the Permit.
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:
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(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 Substantial Modification to a 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
..Footnote
{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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