HomeMy WebLinkAboutReso 04-0420 with Supporting DocsCity of Miami
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Resolution: R-04-0420
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 04-00650 Final Action Date: 6/24/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 5, 13 AND 17 OF ZONING. ORDINANCE NO. 11000, FOR THE 500
BRICKELL PROJECT LOCATED AT APPROXIMATELY 550 BRICKELL AVENUE
AND 41, 47, 51, 57, 59 AND 65 SOUTHEAST 6TH STREET, MIAMI, FLORIDA, TO
BE COMPRISED OF. TWO 42-STORY TOWERS HOUSING 633 TOTAL
MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, 20,497
SQUARE FEET OF RETAIL, AND 857 TOTAL PARKING SPACES WITH THE
TWO TOWERS BEING CONNECTED AT ROOF LEVEL; 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 7, 2004, Adrienne F. Pardo on behalf of The Related Companies of
Florida, owner, (referred to as "APPLICANT"), submitted a complete Application for Major Use Special
Permit for the 500 Brickell Project (referred to as "PROJECT") pursuant to Articles 5, 13 and 17 of
Zoning Ordinance No. 11000, for the property: located at approximately 550 Brickell Avenue and 41, 47
, 51, 57, 59 and 65 SE 6th Street, Miami, Florida, as legally described in "Exhibit B", 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 Large Scale Development Committee met on March 8, 2004 to consider the
proposed project and offer its input; and
WHEREAS, the APPLICANT has modified the proposed project to address the expressed
technical concerns raisedat said Large Scale Development Committee meeting and the design
concerns; and
WHEREAS, the Urban Design Review Board met on March 17, 2004, to consider the proposed
project and recommended approval; and
WHEREAS, Pursuant;to the Traffic Impact Analysis Review, the applicant is`strongly encouraged
to commit to a TCM (Transportation Control Measures) Plan subject to the review and approval of the
Planning and Zoning Director, prior to the issuance of a building permit; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 2, 2004 Item No. 5,
. following an advertised public hearing, adopted Resolution No. PAB 68-04 by a vote of seven to zero (
7-0), RECOMMENDING APPROVAL WITH CONDITIONS, as specified by staff, of the Major Use
City of Miami Page 1 of 4 Printed On: 8/12/2004
File Number: 04-00650 Enactment Number: R-04-0420
RECOMMENDING APPROVAL WITH CONDITIONS of a special exception, as hereinafter set forth;
and
•
WHEREAS, the Miami Zoning Board, at its meeting of May 10, 2004, Item No. 9, following an
advertised hearing, adopted Resolution No. ZB 2004-0870, by vote of eight to zero (8-0),
RECOMMENDING APPROVAL WITH CONDITIONS of variances, 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 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, attached and incorporated as "
Exhibit A, 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 41, 47, 51, 57, 59 and 65 SE 6th Street, Miami, Florida, more particularly
described on "Exhibit B," attached and incorporated.
Section 3. The PROJECT is approved for the construction of two 42-story towers housing 633
total multifamily residential units with recreational amenities, 20,497 square feet of retail, and 857 total
parking spaces with the two towers being connected at roof level.
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 ("Exhibit A").
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-5 (Brickell Avenue Area Office -Residential) and SD-7 (
Central Brickell Rapid Transit Commercial -Residential) Zoning classifications 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 $150,000,000, and to employ approximately
636 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the
creation of approximately 50 permanent new jobs. The PROJECT will generate approximately
$1,673,444 annually in tax revenues to the City (2004 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 Major Use Special Permit;
City of Miami Page 2 of 4 . R-04-0420
File Number: 04-00650
Enactment Number: R-04-0420
•
(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 April 7, 2004,
and on file with the Department of Planning and Zoning 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 Director of the Department of Planning
and Zoning 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 ("Exhibit A") for the PROJECT, attached and incorporated.
Section 10. The Major Use Special Permit Development Order for the PROJECT ("Exhibit A") is
granted and issued.
'Section 11. In the event that any portion or section of this Resolution or the Development Order
("Exhibit A") 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 ("Exhibit A") 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}
Date: JUNE 24. 2004
Mover: COMMISSIONER WINTON
Seconder: COMMISSIONER GONZALEZ
Vote: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, REGALADO AND TEELE
•ABSENT: 1 - COMMISSIONER SANCHEZ
Action: ADOPTED
City of Miami Page 3 of 4 R-04-0420
File Number: 04-00650
Enactment Number: R-04-0420
411
Date: JULY 7, 2004
Action: SIGNED BY THE MAYOR
I, Priscilla A. Thompson, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do
hereby certify that this constitutes a true and correct copy of Resolution No. R-04-0420, with
attachments, passed by the City Commiu-ion on 6/24/2004.
•
--4.$4,54fte
August 12, 2004
Cit Clerk,
Pety
r). j6,
{1} If the UltZ
days fromt6"It
become md
effectivel
6to
*dt)spn, Date Certified
taq
lsiiqsolution, it shall become effective at the end of ten calendar
sAtarid adopted. If the Mayor vetoes this Resolution, it shall
As,
-Upon override of the veto by the City Commission.
City of Miami. Page 4 of 4
R-04-0420
"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
500 BRICKELL PROJECT
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 13 and 17 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
Major Use Special Permit for the 500 Brickell Project (hereinafter referred to as the
"PROJECT") to be located at approximately 550 Brickell Avenue and 41, 47, 51, 57, 59 and 65
SE 6th Street, Miami, Florida (see legal description on "Exhibit B", 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 residential development to be located at
approximately 550 Brickell Avenue and 41, 47, 51, 57, 59 and 65 SE 6th Street, Miami, Florida.
The PROJECT is located on a gross lot area of approximately 2.37± acres and a net lot area of
approximately 1.27± acres of land (more specifically described on "Exhibit B", incorporated
herein by reference). The remainder of the PROJECT's Data Sheet is attached and
incorporated as "Exhibit C".
The proposed PROJECT will be comprised of two 42-story towers housing 633 total
multifamily residential units with recreational amenities, 20,497 square feet of retail, and 857
total parking spaces with the two towers being connected at roof level.
The Major Use Special Permit Application for the PROJECT also encompasses the
following lower ranking Special Permits:
MUSP, as per Article 9, Section 914, a development bonusto permit a mixed use of
161,486 square feet of floor area will be paid to the Affordable Housing Trust Fund at
the applicable rate at time of permitting;
MUSP, as per Article 17 for development of 633 residential units;
MUSP, as per Article 17 for parking structures of approximately 857 parking spaces;
MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by twenty
percent, 103,075 square feet;
SPECIAL EXCEPTION, as per Section 913.2 for FAA clearance letter;
VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article
6 Section 607.3.2.1, Schedule of District Regulations, required accessory structure in
north street side yard;
Required rear yard 15 feet
Proposed .2.10 feet
Request to waive 12.9 feet
VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article
6 Section 607.3.2.1, Schedule of District Regulations, required accessory structure in
south street side yard;
Required rear yard 15 feet
Proposed 2.10 feet
Page A-2 of 8
� Request 0owaive 12.9feet
CLASS U. as per Article 9. Section 922.1 and 923.2. a request to reduce required
'
loading berth from 12k55for bmo12x35 '
CLASS U.asper Article 6,Section 6O53.1.for development ofnew construction within
the BrkckaUAvenue AreaOffice-Residential District
`
CLASS
U. on per Waiver of Guides and Standards to allow 22.8
CLASS U. as per Arti` O^'SecUon 805.3.1 and 606.3.1. for a temporary construction
`
' fence and covered walkway;
'
CLASS |, as per Article 9. Section 908.8( for active recreational facilities' (including
swimming pools); ~. '
.
CLASS U. as per Article �9. 8ecton'927, to mUoxv temporary off -site parking during
'
`
construction;
`
CLASS U.oaper Article §. Section b05and 6u6.x. 1,for oignegeapproval;
'
CLASS [ as per Article Q.GecUon 906.9 to allow for o special event namely ognound
breaking ceremony;
' . O \ to permitntaoing and parking during construction(to be approved prior to
' obtaining a building n1b oerfronl the De .of Planning and Zoning);
.`
CLASS [ per er ' S. Section S25.3. .^ to s0\ovv davo�pnn n/nania|
��
`
_
. '
�gnmge; '
,CLASS 1, as per Article 9, Section 920.1, to
allow a construction trailer and on
quarters.
Note:,Designation no a
'phased pursuant hoSection 25O2ofOrdinance No.
REQUEST that the following K8USP conditio /a'be required adthe time ofTemporary Certificate
- Page /\_3of8
,
`
�^
of Occupancy or Final Certificate of Occupancy instead of at the 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 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 the prepared by Arquitectonica, dated March 19, 2004; the landscape plan shall
be implemented substantially in accordance with plans and design schematics on file prepared
by Curtis Rogers Design Studio, Inc., dated March 19, 2004; 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
Director of the Department of Planning and Zoning prior to the issuance of any building permits.
The PROJECT conforms to the requirements of the SD-5 (Brickell Avenue Area Office -
Residential) and SD-7 (Central Brickell Rapid Transit Commercial -Residential) 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
Page A-4 of 8
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.
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 Department of Planning and Zoning, 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 Director of the Department of Planning and
Zoning 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.
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
Page A-5 of 8
must use its best efforts to follow the provisions of the City's Minority/Women
Business Affairs and Procurement Program as a guide.
6. 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,
recordable 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.
7. Provide the Department of Planning and Zoning 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 Department of Planning and Zoning 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.
8. In so far as this Major Use Special Permit includes the subordinate approval of a
series of Class 1 Special Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Department of Planning and
Zoning 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.
9. 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
Page A-6 of 8
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 Director of Planning and Zoning.
10. Pursuant to the Traffic Impact Analysis Review, the applicant is strongly encouraged
to commit to a TCM (Transportation Control Measures) Plan subject to the review
and approval of the Planning and Zoning Director, prior to the issuance of a building
permit.
11. The Applicant shall follow the conditions of approval by HEPB Resolution # 2004-28
duringthe development process: Archeological monitoring shall be provided in
accordance with recommendations set forth in the archeological management plan
submitted by Robert S. Carr, and Alison Elgart-Berry, dated March 2004.
12. 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
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, 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:
Page A-7 of 8
(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 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.
Page A-8 of 8
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EXHIBIT "B"
LEGAL DESCRIP770N:
LOTS 1,2,3,4,5,6,7 AND 8, LESS THE EAST 10 FEET OF LOTS 1 AND 2,
IN BLOCK 108-A OF THE AMENDED MAP OF BRICKELLIS ADDITION TO
THE MAP OF MIAMI, ACCORDING TO THE PLAT 'THEREOF AS RECORDED
IN PLAT BOOK "B", AT PAGE 113 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA
5 0 0 Brlckell Avenue
The Related Group of Florida
Project 12221
SITE DATA SUMMARY
�' NING CLASSIFICATION:
rEMA ZONE:
NET LOT AREA:
GROSS LOT AREA (GLA):
MAXIMUM FLOOR AREA RATIO (F.A.R.):
DEVELOPMENT PROGRAM & SITE DATA
SD-5 and SD-7
ZONE AE (EL. 9)
55.21TSF +/- 1.27
103,250 SF (SD-5: acres (y25' x 440')
43,750 SF + Shekel, Park SD-5: 4.25 FAR for Resid., 3.25 F. 15,750 SF = 59,500
MAXIMUM 5 -5 A.R. for Non SF, binSO-e 4 42s SF)
ALLOWABLE 6.00 FA,R. for Resid., 2.25 F.A.R, for Non-Resid. (Max total combin - 4.
SF (w/o Bon Resid.
Bonuses): SD-5: Lots 1,2,3 8 B ' (Max tote/ 52,87n d. 8.0)
)
SD- :Lots 4 _ : nGtell Park; Resid
MAXIMUM 3 75 SF x 4.25 = T5 Z & �5 SF.
ALLOWABLE SF MAX.Mqx F.A.R.F'A Rw/o Bonuses 43 7 F = 3 75 S x 6 0 on'Resident(af
(wi � - =Non
Bonuses):
MAXIMUM UNITS / ACRE:
BUILDING FOOTPRINT:
HEIGHT RESTRICTIONS
II. SETBACKS & YARD RE
Biscayne Blvd. fronta$e
North side of street
South side of street
D
ARQU/TECTONICA
23 Merril 2004
EXHIBIT "C"
SD2.e PUD602,875 SF Total - 282 00 SF e
Bonus for SD- = 515,375 SF ` 87
602.7,2.1 Afford. 5 and = St6275. SF x
1
605.7.2.2 Retail Bonus for SD-5 SO-5 59,500 SF x 20%
607.7.2.2 Retail Bonus for SD-7 = 28,620 SF
914.1 Affordable= 9,540 SF x 3 - 89.500 SF
Hous Bonus = 14,437 SF x 2 28,620 SF
MAX. F.A.R. Bonuses = 515 37 = 28,192 SF
MAX F.A.R. w/ Bonuses = 243,261 F T F Total
= 23 192 SF
a 846,136 SF Total =753,6 6 SF
500 Units Max. /Acre = 500 x 1.27 acres =
47.872 SF = 758,636 SF
NONE 633 units max.
WREM S 605.8 and 607.81
u v�d
Interior/rear
Ill. OPEN SPACE R
E UIREMENTS
Oaf
•
Onan spats area Includes streelsape up to property.
N.
BUILDING F.A.R. AREA SUMMARY
iesid6nttat:
fon-ResidenOTAL FAR:
Retell
Maas ers a dmated only based on preliminary
cony area Is not Included in me Floor Area design.
Ratio.
U LDING STATISTICS
mbar of Units:
te o Bedrooms:
249 units (810-838 SF)
rooms: 384 units (1,217-1,265 SF)
607.8.
SO-7 Re irired
N/A
2-70 to. Arcade/Pod.'20' max Setback
15'-0' at Ground' at Ground Level
17'-6' at Tower
2'-10'to Arcade/Pod. 20'max Setback
17 _15's" at Ground' at Ground Level
• at Tow
N/A
None
1590 ° f
GLA 1 D-7 Re SF/0 uireF Sid. ,,-Total Re ulr d
15% of 59,500 SF 383,147 F
=8925SF 5 110
Non -Residential' 3 1 F
47.240 SF
1 SF/50 SF Non-R.
SF
nor of Floors:
d to Top of Roof: -
I to Highest Point of Building:
IRKING GARAGE SUMMA
Y
ntial
sidential (Retail)
rARKING•:
1
11111>re6minary.
1
Nhw a ARY
' / Non -Residential
SD-5 Re
30'-0" min Yard
15'-0" min Yard
15'-0' min Yard
N/A
• 15.-e', Prope
rty line to lace of Ground Level recede
SD-5 Re
Re
SD-7 provided
N/A
= 87,500 SF
= None
= None
None
= None
= None
= None
= 87,500 SF
2'-}0' to Arcade front
15'-0" at Ground'
2%-10" to Arcade front
15'-0' at Ground'
0'40' at Podium, 17'-0" at Tower
Provided
22, 97 9 SF (Street Level)
26,053 SF (Open-air Amenities
9 804 SF En loses, Amenities Levef)
52,326 SF Total Provided
line. podium de Over 50 000 N/A ed Open Space •
ck• and the amenity areas of residentlal buildings less elevator shahs mach
.
32,-6 Provided
Max. Allowable
757,999 Sp
87 500 SF
845,499 SF
Floor Area Rath; does not Include elevator she
ax. Allowable
633 Units
No height restriction
No height restriction
No height restriction
Min. Allowabl
1 spanit
633 spaces = 1 space x 633 units
HC spaces = 2% of total = 17 spaces
1 space / 800 SF
26 Spaces = 20,497 SF / 800 SF
HC s aces = % f total = 659 spaces 1 s ace
required
Min. Allowabl
-(4) B- 2 35for gross building (6
areas of 250.000 SF up to 500,000 SF )Berths 12' x 35'
-For buildings in excess of 500.000 SF
an additional (1) 12' x 5F•
anical d electrical / stairways,
Pr vided
757,986 SF
20 497 SF
meua1783 SF
necbtal r stairways as eermers by Ste Qty of Miami.
Prove ed
633 Units
L42 (UPH): W: 10 x 1 =
L41 (PH): W: 10 x t =
L40 (LPN): W: 10 x 1 L12-39 (TYP.): W: 10 x 28 =
L11 (Amen.): W: 3 x 1 =
L3-10.
Total:
W:
42 Floors
411 %8'
423'-4'
9leve
x 1
10 E: 4 = 4 (PH units) i)
280 E: 10 x 28 = 280 1 under pool
3 E: 3 x1
= 3
313 + 5: x 8 = 4
320 = 633
• Provided
1.3 paces / unit
831 spaces = 1.31 spaces x 633 units
(Includes 18 HC accessible spaces)
•
26 spaces provided
Into s 1 HC ccessibte s ac
857 Spaces provided
•level 2: 62
S-levels 3-9: 693 spaces
-Lev I10:10s aces
Dacees (99 spaces x 7 revels)
spaces: 8577 spaces �---•-_-_
Provided
OR E:lit 23708
LAST PAGE
PG 2344
City of Miami
Master Report
Enactment Number: R-04-0420
City Hall
3500 Pan American Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 04-00650
File Type: Resolution Status: Passed
Controlling Body: Planning & Zoning
Introduced: 6/7/2004
Requester: Cost: Final Action: 6/24/2004
Version: 1 Reference:
File Name: Major Use Special Permit - 500 Brickell
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING
WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17
OF ZONING ORDINANCE NO. (1000, FOR THE 500 BRICKELL PROJECT LOCATED AT
APPROXIMATELY 550 BRICKELL AVENUE AND 41, 47, 51, 57, 59 AND 65 SOUTHEAST 6TH
STREET, MIAMI, FLORIDA, TO BE COMPRISED OF TWO 42-STORY TOWERS HOUSING 633
TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, 20,497
SQUARE FEET OF RETAIL, AND 857 TOTAL PARKING SPACES WITH THE TWO TOWERS
BEING CONNECTED AT ROOF LEVEL; DIRECTING TRANSMITTAL; MAKING FINDINGS OF
FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITYCLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Sponsors:
'Notes:
Indexes:
Attachments: 04-00650 MUSP Fact Sheet.pdf,04-00650 MUSP Analysis.PDF,04-00650 Zoning Map.pdf,04-00650
Aerial Map.pdf,04-00650 PAB Reso.PDF,04-00650 MUSP Application.PDF,04-00650 Sp Ex Fact Sheet.
PDF,04-00650 Sp Ex Analysis.PDF,04-00650 Sp Ex ZB Reso.PDF,04-00650 Sp Ex Application.PDF,04
-00650 Variance Fact Sheet.PDF,04-00650 Variance Analysis.PDF,04-00650 Variance ZB Reso.PDF,04-
00650 Variance Appl & Supp Docs.PDF,04-00650 Plans.PDF,04-00650 Legislation.PDF,04-00650
Exhibit A.PDF,04-00650 Exhibit B.PDF,04-00650 Exhibit C.PDF,
History of Legislative File
Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result:
1
City Commission 6/24/2004 ADOPTED Pass
Mayor's Office 7/7/2004 Signed by the Mayor
Law Department
7/14/2004 Reviewed and
Approved
• City of Miami Page 1 Printed on 8/12/2004
Planning Del5`artment
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Distribution Below
DATE : June 2, 2005 FILE :
Modified June 3, 2005
SUBJECT:
Modifications for:
500 Brickell MUSP
REFERENCES:
a e aberi�Sl hez,t3 irector Resolution: 04-0420
Approved: June 24, 2004
ENCLOSURES:
Pursuant to Section 1706, Zoning Ordinance 11000, it is hereby directed that this memorandum modifies
the development order for the 500 Brickell Major Use Special Permit, by approving the changes described
in . the attached letters from Mario J. Garcia -Serra, dated May 24, 2005 and May 25, 2005 and the
accompanying plans on file with the Planning Department.
This approval is based on findings that the proposed modification is a "de minimus" nonsubstantial change
to the Major Use Special Permit approved by Resolution 04-0420 pursuant to the attached memorandum
from Orlando Toledo, Zoning Administrator, dated May 25, 2005.
Resolution 04-0420 is hereby amended as per the modifications listed in the attached letter dated
May 25, 2005, and memorandum dated May 25, 2005 and the accompanying plans on file with the
Planning Department.
Attachments
Distribution with attachments:
Lourdes Slazyk, Assistant Director
Planning Department
Teresita L. Fernandez, Chief
Office of Hearing Boards
Hector Lima, Director
Building Department •
Orlando Toledo, Zoning Administrator
Zoning Division
500 Brickell Major Use Special Permit File
Greenberg
• Traurig
May 24, 2005
HAND DELIVERY
Ms. Ana Gelabert
Director, City of Miami
Planning Department
444 S.W. 2nd Avenue, Third Floor
Miami, FL 33128
Adrienne Friesner Pardo
(305) 579-0683
Direct Fax: (305) 961-5683
E-Mail: pardoa@gtlaw.com
Re: 500 Brickell Avenue, Miami, Florida / Request for Non -Substantial
Amendment to MUSP.
Dear Ana:
On behalf of the Related Group of Florida, the owner of the above referenced property,
(the "Property"), we are requesting approval of a nonsubstantial amendment to the Major Use
Special Permit (the "MUSP") which was approved pursuant to Resolution No. 04-0420. Our
client recently acquired land which abuts the Property to the immediate west and intends to unify
this newly acquired land to the Property through execution of a Covenant in Lieu of Unity of
Title. As a result of the enlargement of the Property, the gross lot area has enlarged to 116,690
square feet which now allows for a maximum of 903,194 square feet of floor area. Accordingly,
the 82,692 square feet of additional floor area which was going to be acquired through
contributions to the Affordable Housing Fund may now be built as of right - without a
contribution to the Affordable Housing Fund. Enclosed with this letter are comparative project
data tables, prepared by Arquitectonica, which indicate the changes which have resulted from
this increase in lot size.
We believe that this requested change is a nonsubstantial change pursuant to Sections
1706 and 2215 of the City of Miami Zoning Ordinance. Accordingly, we ask that you forward
this request to Mr. Orlando Toledo for his review as the Zoning Administrator, so that he can
confirm that the requested change is nonsubstantial. Also enclosed along with this letter is a
survey of the newly enlarged site and a check for the required fee, of $3,000. Thank you very
Greenberg Traurig, P.A. I Attorneys at Law 11221 Brickell Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717 I www.gtlaw.co'
111 May 24, 2005
Page 2
much for your attention to this matter and please call my Associate, Mario Garcia -Serra, at 305-
579-0837, if you have any questions.
cc: Ms. Lourdes Slazyk
Mr. Orlando Toledo
Mr. Carlos Rosso
Sinc rely,
,67-- Adrienne Friesner Pardo
Greenberg Traurig, P.A.
54 Ona 0nnoomenI Pra0am CannMFon
500 Bdd(W
ARQUITECTONICA
AGr02005
Approved MUSP Statistics Per Resolution No. R-4.0420, March 19,2004
SITE DATA SUMMARY
20N1NG CIASSIF(CATW N:
• FEMA ZONE:
NET LOT AREA
GROSS LOT AREA (GtA:
SD.5.ro 50.7
ZONE AE (EL 9)
552175F M. 1.27 sax 1125' a 4101
104250 SF (505: 11,2503E • B0d,M Pa415,753 SF • 59.500SF, SOX: 43,750 SF)
MAXIMUM FLOOR AREA RATIO (F.AR,)'. 50.5' 425 FAR. far RMN.. 3.35 FA.R. kr Nan-R.4B. (Mao bW c0mrae4 • 425)
50.7: 6.00 F.A.R. for Mold.. 2.25 F.A.R. tor Non -Rod. (44 Mal canned • 0.0)
MAXIMUM ALLOWABLE SF (w)e Donnas) SD-5: Loa 1. 2, 3 6 Bdck t Pak
. 80-7: Lots 4-6: Non-R.43,7005Fa2
MAX. F.A.R. rdo Dams•a
MAXIMUM ALLOWABLE SF (w/Benuan): 5024 PUD Bonn for 50.5 and S0.7
605.72.1 Moro Naa4,B Bonn b 50S
605.722 Real Boma Iw 505
007.722 Rolaa Boon fa 50.7
914.1 Madabe 11w40 Bawd
MAX. FAR Bonuses
MAX FAA. wi bonuses
MAXIMUM UNITS / ACRE:
BUILDING FOOTPRINT
MAXIMUM UNITS / ACRE.
500 Unit Sias. I Ale • 500 a 1.27eaea• 433 wllmsa
47,8725F
NONE
11. SETBACKS 8 YARD REQUIREMENTS 1605.0.007,61
50.5 R4a0hed
30'NY ndn Y5rd
1S-07 min Yard
Bum BM. hana91
NaM aW tl Wan
Souls side of sons( ISO' ran Yard
InW',ah.ar WA
• ton: Anon.. LA: ma
In. OPEN SPACE REQUIREMENTS (607.5)
§0.SR.so.44 §0.711•7•7r04 Total Re4Wr.4 Pro0d•4
1S%of S 5 GLA 1 SF/10 8F Read. - 22,760 SF (Street level)
15%a/56.5003F . 305117 SF/10 ., 26.053 SF(Opma8Amrd5Oa Mon)
• 0925 5F 36,516 SF . 4601 SF (Enak.4d Amkn014)
47310 SF 52,329 SF Told Proviad Ormn Sion
N7Hyxbx0bl 1SF/505F WAR. WA
Over 60,0209F
•ma• son. .w Ndtn 444••••Y• Mq•(raumasons, n•wary arms r Noun PRAYns omen non•nsomm a no/two*
•
0*0,01W
• 50.500 SF a 425
• 43,7505F•6.00
• 604070 SF TOW
• 515375 SF a 20%
• 69,500 SF a 1
•9.040 SF
• 14,4375F.2
• 515,375 SF • 4.5%'
• 243,201 SF Total
• 44.130 SF Total
*pjjd0n)el
11➢0 Rxk59M41
262.075 SF Nom
262.5005F 57,500 SF
515,375 SF 67,500 SF
103,075 SF - Nan.
52,600 SF Norm
26.020 SF Na,.
26.674 SF Nona
22,102 SF None
243301 5F Nan.
756.430 SF 07.600 di
SO4 Provide.* 1p.7 R4aulr•4 SO.7 Provides(
22'S' WA WA
5-10• to Nade'Pod. 20 max Sono. 2'-10' 4 Mode soot
15,01M Ground' at Ground Leval 15.0 aI Ground.
17.4. 87Tow
5-10. 4 Made/Pol. 20,nu S11Nr0 2'-10.4 Meade front
15'47' M Ground/ 15'43' at GmaM• 16-0' a Oran•
17.41r Tower .
WA None
o-0. .l Podium, 17O. a/To
Proposed Non -Substantial Amendment April 14 2005
I. SITE DATA SUMMARY
ZONING CLASSIFICATION:
FEMA ZONE:
NET LOT AREA:
rSO6I LOT ,WEA(GLA).'
NEIGNT RESTRICTIONS
ANMMUM FLOOR AREA RATIO (F.A.S.).
AXIMUM ALLOWABLE OF Mao Benusx)
MAXIMUM ALLOWABLE SF (w/Borwn•):
005 and S117
ZONE AE (EL 9) •
04417 IF L•x 270 SF 57 o.mca6on'AP • 41,327 8F M. 1.44 aau MP • 515,01
1546/0 M (610.5: 43,917 8F • 56640 Part 14SQ SF • 51,7016F; S0-7:0.1: 64431 SF)
NONE
MAXIMUM FLOOR AREA RATO(F.A0.): $0.7, 4.25 FA0.1a R..M..2.25 FA0.1a 00.5010.(Mx 4Waa,4is0. 1.25)
SD-7: 400 FA0. b1Wb., 225fA0. br NenA.•b.(MubW aoobtd•0.0)
&GOMIS - ban-Nesben)ly •
Sod: Lob. 1, 2, 3401N01/41 Pule • 647005F•426 253,174 SF 08F
50.7: Lon o-10: NaM4 549316710 • 640318F•6.0 341,566 BF 153,662 SF
MAILF.AA ado Baum. • 49,424 SF TOW 006,64255 43:642 SF
5029 PUB Bonn for 506 and 80.7 •
4017.21 Albed. Nnnn4 Banos her 50.5
4617.7.2 R.49 Bash. la 60..3
607.72.2 Ratan Bann la 50.7 '
e14.1 Anon.%B., Neus49 Bonus
MAX. FAR. Bons.
MAK F.A.R. w! Benunss
• 505,6128F a20% 11%112 SF Nan.
• None, - 0 SF Non.'
• 46626F143 M461,6F None
• 23AM?.. a 44022 BF Non,
• Nan 0 . 6FNeon
• 104710 8F Total . 1111770 SF Nona
•403,1946F TaW 40,332 SF MAU IF TOTAL
'IIndln0 per0t72gt of affordable NOnn9 Bonn R4elyd)
MAXIMUM UNITS /ACRE: 500 Una Mx. / Aae.500.1,43 eve• • 740 adl max
BUILDING FOOTPRINT - 47,672 SF •
MAXIMUM UNITS/ACRE: Naa
'•'All ron+xldxl1 F.A.S. Mixed was d.rlv4d hem 110.7 Parham of 411dIn9 du. 4 lolly of 54.
11. SETBACKS 0 TARO REQUIREMENTS 1605d • 507 01
30.5 R.aulre4 §0.6 ProNd.E 90.7 Reaulro4 90.7 Pr0N0.4
10-0• min Yam 32d' WA WA
15'd mMYam 7.10.4Mad4Pa4 20'!tux 5ee.ra 7.10•b7u4. ban.
16.0. al Grown at Ground 1.x1 15.0. at Grw,d'
Inn al Toni
Sam nde el man - 154'mn Yard 2.10'b AreadaMaL 10•m454e4G 2'-10• Ls Arcade Ina
15L'a1Grown 15L-r Gnome IS.O. n GmaW'
1TS01 Tow
nWa/rear WA WA WA
III. OPEN SPACE REQUIREMENTS 1407,011
Baca, Bald. frontage
Nor n ails of so*
50.5 Rxulyd
16%of SD4 GLA
167L016040 SF 4,964 BF
10.7 R041r04 Tool R4ulr.l
1 SF/105F Rena
371,742 SF /10.37,17157
44.145 4F
O)? at Podium 17O1 al Tower
P3
6.51393 SF (8441L.x)
30,021 SF lOpanMr AI41904)
14 auSP(En4eW,,wl4e)
66.134 SF Total PMbd Opm 67mns
15F/505F Noon. WA
Ow,50703 SF
4a sm. a•amaa ae•uwnu moat.. town 44 en* aVu. a•a•+W • rvea rne••a.
Pp. 1 of
SO Oats 0.10.91no9 Program Cm...
500 B•••••
ARQUITECTONICA
APO 2005
SUILDING AR.AREA1UMMMSUMMARY
264. 6754410.9 !tote
•R4.109941: • 151.099 SF • 151.908 SF
.N16.R9099959 (RCA: • 67 509 5F • 204975F
TOTAL F.A.R. • 545.400 SF • 718,•53 SF
• Amu • on .11.1w1orry ea. en polveletry east, flea Ie. 1411.1.1 PA ...vet, .1to.
'mewl!. . • suro...1 awns, aseerwaby *a ary a IA*. ear y a us.chei • a mi. me . An a N.
V. 5011.0150 F.A.R. AREA SUMEIARy
Edaa-a927702 E092.61161
R•Rdentlat , • 155,311 S.F ' • 153.412 SF. ,
1490.Re3benfal IR .11: • 111.1015F • 32,5535! • .
TOTAL F.A.R. . , • MOH SF • /98,315 SP••
RA9 •••• ANWAR.. inesa• on•mr a.. m.o.. i •wenai o ......” ....a I, ha ae, a hum.
Balany Nu .041.1.......• •••• NI.
— 9.• Anores59 No•aln. Mama ARR...
Paso 2 912.
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Distribution Below DATE :
elabe hez,1?5irector
Planning Deartment
. SUBJECT:
REFERENCES:
ENCLOSURES:
June 2, 2005 FILE :
Modifications for:
500 Brickell MUSP
Resolution: 04-0420
Approved: June 24, 2004
Pursuant to Section 1706, Zoning Ordinance 11000, it is hereby directed that this memorandum modifies
the development order for the 500 Brickell Major Use Special Permit, by approving the changes described
in the attached letter from Mario J. Garcia -Serra, dated May 25, 2005 and the accompanying plans on file
with the Planning Department.
This approval is based on findings that the proposed modification is a "de minimus" nonsubstantial change
to the Major Use Special Permit approved by Resolution 04-0420 pursuant to the attached memorandum
from Orlando Toledo, Zoning Administrator, dated May 25, 2005.
Resolution 04-0420 is hereby amended as per the modifications listed in the attached letter dated
May 25, 2005, and memorandum dated May 25, 2005 and the accompanying plans on file with the
Planning Department.
Attachments
Distribution with attachments:
Lourdes Slazyk, Assistant Director
Planning Department
Teresita L. Fernandez, Chief
Office of Hearing Boards
Hector Lima, Director
Building Department
Orlando Toledo, Zoning Administrator
Zoning Division
500 Brickell Major Use Special Permit File
Greenberg
. Traurig
•
May 25, 2005
VIA HAND DELIVERY
Ms. Ana Gelabert Sanchez
Director
Planning Department
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
Maria J. Garcia -Serra
Tel. (305) 579-0837
Fax (305) 961-5837
garcia-serram@gtlaw.com
Re: 500 Brickell Major Use Special Permit / Application for Non
Substantial Modification
Dear Ms. Gelabert::
As you are aware, the Miami City. Commission approved a Major Use Special Permit
for the 500 Brickell project (the "500 Brickell MUSP") on June, 24, 2004, by approving
Resolution R-04-0420. Due to further elaboration of the project as a result of building plans
and comments received from City staff during the review of the building plans, we now
respectfully request that a Class II Special Permit be issued to permit a maximum distance.
of over 5'-6" from the striping at the edge of the drive to the rear face of the column.
We respectfully submit that this is a minor and non substantial modification of the
500 Brickell MUSP in compliance with Sections 1706 and 215 of the City of Miami Zoning
Ordinance. We do not anticipate any adverse impact either on the development itself nor on
the surrounding property. The necessary accompanying materials including a check for the
application fee are enclosed along with this letter.
Best regards,
Mario J. Garcia -Serra
cc: Ms. Lourdes Slazyk
Mr. Carlos Rosso
Mr. Carlos Olmos
Adrienne F. Pardo, Esq.
Greenberg Traurig, P.A.. I Attorneys at Law 11221 Brickell Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717 I www.gtlaw.com
CITY OF MIAMI
MODIFICATION APPLICATION
Planning.8, Zoning Department
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33130
305.416.1400
MODIFICATION APPLICATION
This is to request that the permit, resolution or ordinance captioned above be considered for modification and that said
modification be reviewed in order to determine whether it is substantial, non -substantial or in substantial compliance with
the approvals obtained, as described in the documents attached.
Legal description ofproperty and /orsurvey,and /or floor plan_
Previously approved; plans and revised plans
escriptionof modfications
Section 2215.1. Substantial changes defined; changes prior to notice of public hearing.
Substantial changes affect the essential part of the application, not just the form of the application, as determined by the
Zoning Administrator and the Planning and Zoning Director. Such determinations shall be made upon a request to
review proposed modifications to applications for the following items
❑ . Class II Special Permit
❑ Variance
❑ Special Exceptions
El Major Use Special Permit
❑ Zoning Atlas Amendment
The review will be conducted by persons defined in Section 2202.1(e), using the following criteria:
✓ (a) The requested change exceeds the zoning regulations
✓ (b) The footprint of the building is proposed to be moved by more than ten (10') feet in any horizontal direction
✓ (c) The height of the building or any portion thereof is proposed to be increased by more than five (5') feet or five
(5%) percent of the height of the building, whichever is greater, in a vertical direction; or
✓ (d) The Zoning Administrator shall refer the proposed change to the Director of the Planning and Zoning
Department in order to apply the applicable criteria as set forth in section 1305, where at such time the Planning
and Zoning Director shall determine if the proposed changes result in substantially the same project and are still
in compliance with the findings in the original application.
oning Administrator's findings and conditions:_
Substantial
Non Substantial
Su tint a).G.q npil
•
•
Greenberg
Traurig
May 25, 2005
VIA HAND DELIVERY
Ms. Ana Gelabert Sanchez
Director
Planning Department
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
Mario J. Garcia -Serra
Tel. (305) 579-0837
Fax (305) 961-5837
garcia-serram@gtlaw.com
Re: 500 Brickell Major Use Special Permit / Application for Non
Substantial Modification
Dear Ms. Gelabert::
As you are aware, the Miami City Commission approved a Major Use Special Permit
for the' 500 Brickell project (the "500 Brickell MUSP") on June 24, 2004, by approving
Resolution R. 04-0420. Due to further elaboration of the project as a result of building plans
and comments received from City staff during the review of the building plans, we now
respectfully request that a Class II Special Permit be issued to permit a maximum distance
ofover 36" between the striping at the edge of the drive and the face of the nearest column.
We respectfully submit that this is a minor and non substantial modification of the
500 Brickell MUSP in compliance with Sections 1706 and 215 of the City of Miami Zoning
Ordinance. We do not anticipate any adverse impact either on. the development itself nor on
the surrounding property. The necessary accompanying materials including a check for the
application fee are enclosed along with this letter.
Best regards,
Mario J. Garcia -Serra
cc: Mr. Carlos Rosso
Mr. Carlos Olmos
Adrienne F. Pardo, Esq.
Greenberg Traurig, P.A. I Attorneys at Law 11221 Brickell Avenue 1 Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717 I www.gtlaw.com
• JUL-14-2005 11:18 AM
P.03
Tn.
FROM
CITY OF MIAMI, FLORICA
INTER -OFFICE MEMORANDUM
Distribution Below
e ay.�
'tanning 'epartment
Sanch6z, Director
DATL
SUBJec
REFEHFN.;L.S
ENCt.O . 1F
July 13, 2005
Modifications for:
500 Brickell MUSP
Resolution: 04-0420
Approved: June 24, 2004
FILE ;
Pursuant to Section 1706, Zoning Ordinance' 11000, it is hereby directed that this memorandum modifies
the development order for the 500 Brickell Major Use Special Permit, by approving the changes described
in the attached leuer from Mario J. Garcia -Serra, dated July 6, 2005 and the accompanying plans on file
with the Planning Department.
This approval is based on findings that the proposed modification is a "de rninimus" nonsubstantial change
to the Major Use Special Permit approved by Resolution 04-0420 pursuant to the attached memorandum
from Orlando Toledo, 7.oning Administrator, dated July 6, 2005.
•
Resolution 04-0420 is hereby amended as per the modifications listed in the attached letter dated
July, 2005, and memorandum dated July 6, 2005 and the accompanying plans nn file with the
Planning Department.
Attachments
Distribution with attachments:
Lourdes Slazyk, Assistant Director
Planning Department
Termite L Fernandez, Chief
Office of Haring Beards
Hector Lima, Dircotor
Building Department
Orlando Toledo. Zoning Administrator
Zoning Division
500 Drlekell Major Use Special Permit File
Greenberg
� Traurig
July 6, 2005
HAND DELIVERY
Adrienne Friesner Pardo
(305) 579-0683
Direct Fax: (305) 961-5683
E-Mail: pardoa@gtlaw.com
Ms. Ana Gelabert
Director, City of Miami,
Planning Department i- X.rti
444 S.W. 2nd Avenue, Third Floor c)r''�
Miami, FL 33128 °
DC
Re: 500 Brickell Avenue, Miami, Florida / Request for Non -Substantial ry �=
Amendment to MUSP. L.3
Dear Ana:
On behalf of the Related Group of Florida, the owner of the above referenced property,
(the "Property"), we are requesting approval of a nonsubstantial amendment to the Major Use
Special Permit (the "MUSP") whichwas approved pursuant to Resolution No. 04-0420 (copy
enclosed). Please note that three different non substantial modifications, dated May 17th, June
2nd, and June 3rd, 2005, were approved for Resolution No. 04-0420. Copies of these non
substantial modification approvals are enclosed along with this letter. As a result of further
elaboration of the project through preparation of structural building plans, several minor changes
have been done to the site plan. Attached to this letter is a detailed description .of the changes
prepared by Carlos Sardina, of Arquitectonica, the project architect, as well as, a set of reduced
size plans showing the MUSP pages approved and the proposed changes, a check for the
required fee of $3,000, and a copy of Resolution No. 04-0420 and the previously approved non
substantial modifications.
We believe that this requested change is a nonsubstantial change pursuant to Sections
1706 and 2215 of the City of Miami Zoning Ordinance. Accordingly, we ask that you forward
this request to Mr. Orlando Toledo for his review as the Zoning Administrator, so that he can
confirm that the requested change is nonsubstantial. Thank you very much for your attention to
this matter and please call me (305) 579-0603, if you have any questions.
Sincerely,
Adrienne Friesner Pardo
cc: Ms. Lourdes Slazyk
Mr. Orlando Toledo
Mr. Carlos Rosso
Mr. Carlos Olmos
Greenberg Traurig, P.A. I Attorneys at Law 11221 Brickell Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717 I www.gtlaw.com
AROUITECTONICA
8 June 2005
Mr. Mario Garcia -Serra
Greenberg Traurig
1221 Brickell Ave
Miami, Florida 33133
Re: 500 Brickell Non -Substantial Amendment to the MUSP
The following is the list of revised building elements for submittal with the non -substantial
amendment to the M.U.S.P. All numbers listed below correspond to the numbers circled on the
enclosed plans:
1. The roof plan was revised per plan A0.03, by enclosing the two open-air trellis areas to
provide a more appropriate enclosed recreational area.
2. The retail areas were finalized and additional retail was added. A total of 20,497 SF was
approved with the MUSP and 32,553 SF is now proposed. As part of the retail
enlargement, a mezzanine level was added to Retail B. The areas are shown on revised
plans A1.01 and A1.02. Attached you will find revised calculations where we indicate the
approved figures of the M.U.S.P. plans dated 3/19/04 and the proposed M.U.S.P.
revision dated 4/14/05.
3. Due to structural constraints at the parking garage artist wall, a cable crash -barrier
system needs to be used. This requires a reduction of the previously approved 22'-8"
minimum back-up to a 22'-0" minimum back-up. That is the typical condition at the
parking garage levels 2 through 10, please refer to drawing A1.02. Therefore, we are
requesting a revision to the Class II permit for the waiver of the allowed backup.
4. A 3-bedroom unit type and a 1-bedroom unit type are proposed to replace two 2-bedroom
units in the North East corner of the East Tower. Please refer to the revised drawing
A1.06. As is indicated in the enclosed revised calculations, the total maximum unit count
will remain the same at 633 units, but the unit mix has been revised.
5. As a result of the change from two bedrooms to three bedrooms the line of balconies
from floors 12 through 43 were removed and replaced with floor to ceiling full -height
windows to allow privacy between the 1 & 3 bedroom units. Please refer to elevation
A3.01.
6. The circular screens on the parking garage were shifted slightly to the east in order to
provide a more efficient open-air garage configuration. This occurs in the North and
South elevations as indicated on elevations A3.01, A3.02 and A3.05.
7. The height of the west tower elevator machine room was increased from 424'-4" to 433'-
9", due to required overrun.
ARQUITECTONICA
8. The vehicular entry for the parking garage was revised to provide greater access as per
plan A1.01.
9. The parking calculations were revised from providing 857 spaces to 942 spaces. This
was accomplished by designing the overall parking garage configuration and adding a
mezzanine parking level 10, the height of the parking garage pedestal remains the same.
Please feel free to contact me if you have any questions.
Sincerely,
ARQUITECTONICA
Carlos Sardina
Project Manager
801 Brickell Avenue Suite 1100
Miami . Florida 33131
T 305.372.1812 F 305.372.1175
www.arquitectonica.com
AAC000465
Planning Department
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Distribution Below
DATE : May 17, 2005 ALE :
SUBJECT:
Modifications for:
500 Brickell MUSP
the Director Resolution: 04-0420
REFERENCES : Approved: June 24, 2004
ENCLOSURES:
Pursuant to Section 1706, Zoning Ordinance 11000, it is hereby directed that this memorandum modifies
the development order for the 500 Brickell Major Use Special Permit, by approving the changes described
in the attached letter from Mario J. Garcia -Serra, dated May 12, 2005 and the accompanying plans on file
with the Planning Department.
This approval is based on findings that the proposed modification is a "de minimus" nonsubstantial change
to the Major Use Special Permit approved by Resolution 04-0420 pursuant to the attached memorandum
from Orlando Toledo, Zoning Administrator, dated May 17,2005.
Resolution 04-0420 is hereby amended as per the modifications listed in the attached letter dated.
May 12, 2005, and memorandum dated May 17, 2005 and the accompanying plans on file with the
Planning Department.
Attachments
Distribution with attachments:
Lourdes Slazyk, Assistant Director
Planning Department
Teresita L. Fernandez, Chief
Office of Hearing Boards
Hector Lima, Director
Building Department
Orlando Toledo, Zoning Administrator
Zoning Division
500 Brickell Major Use Special Permit File
CITY OF MIAMI
MODIFICATION• APPLICATION
Planning & Zoning Department
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33130
•305.41 b. 1 400
MODIFICATION APPLICATION
This is to request that the permit, resolution or ordinance captioned above be considered for modification and that said
modification be reviewed in order to determine whether it is substantial, non -substantial or in substantial compliance with.
the approvalsobtained, as described in the documents attached.
Section 2215.1. Substantial changes defined; changes prior to notice of public hearing.
Substantial changes affect the essential part of the application,- not just the form of the application, as determined by the
Zoning Administrator and the Planning and Zoning Director. Such determinations shall be made upon a request to
review proposed modifications to applications for the following items
❑ Class II Special Permit
❑ Variance
❑ Special Exceptions
Q Major Use Special Permit
❑ Zoning Atlas Amendment
The review will be conducted by persons defined in Section 2202.1(e), using the following criteria:
O (a) The requested change exceeds the zoning regulations
O (b) The footprint of the building is proposed to be moved by more than ten (10') feet in any horizontal direction
❑ (c) The height of the building or any portion thereof is proposed to be increased by more than five (5') feet or five
(5%) percent of the height of the building, whichever is greater, in a vertical direction; or
❑ (d) The Zoning Administrator shall refer the proposed change to the Director of the Planning and Zoning
Department in order to apply the applicable criteria as set forth in section 1305, where at such time the Planning
and Zoning Director shall determine if the proposed changes result in substantially the same project and are still
in compliance with the findings in the original application.
Greenberg
Traurig
May 12, 2005
VIA HAND DELIVERY
Ms. Ana Gelabert Sanchez
Director
Planning Department
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
Mario J. Garcia -Serra.
Tel (305) 579-0837
Fax (305) 961-5837
garcia-serram@gtlain.com
Re: 500 Brickell Major Use Special Permit / Application for Non
Substantial Modification
Dear Ms. Gelabert::
. As you are aware, the Miami City Commission approved a Major Use Special Permit
for -the 500 Brickell project (the "500 Brickell MUSP") on June 24, 2004, by approving
Resolution R-04-0420. The 500, Brickell MUSP approved 6 loading spaces with a size of 12
feet.by 35 feet. Due to comments received from City staff during the review of building
plans, we now respectfully request that two of these six loading spaces be reduced to a size
of 12 feet by 20 feet. The total number of loading spaces remains unchanged.
We "respectfully submit that this ,is a minor and non substantial modification of the
500 Brickell MUSP in compliance with Sections 1706 and 215 of the City of Miami Zoning
Ordinance. We do not anticipate any adverse impact either on the development itself nor on
the surrounding property. The necessary accompanying materials including a check for the
application fee are enclosed along with this letter.
Best regards,
Mario J. Garcia -Serra
cc: Mr. Carlos Rosso
Mr. Carlos Olrnos
Adrienne F. Pardo, Esq.
Greenberg Traurig. P.A. I Attorneys at Law 11221 Brickell Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717 I www.gtlaw.com
s
Greenberg
� Traurig
May 12, 2005
VIA HAND DELIVERY
Ms.:Ana Gelabert Sanchez
Director
Planning Department
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
Mario J. Garcia -Serra
Tel (305) 579-0837
Fax (305) 961-5837
garcia-serram@gtlaw.com
Re: 500 Brickell Major Use Special Permit / Application for Non
Substantial Modification
Dear Ms. Gelabert::
As you are aware, the Miami City Commission approved a Major Use Special Permit
for the 500 Brickell project (the "500 Brickell MUSP") on June 24, 2004, by approving
Resolution R-04-0420. The 500 Brickell MUSP approved 6 loading spaces with a size of 12
feet.by 35 feet. Due to comments received from City staff during the review of building
plans, we now respectfully request that two of these six loading spaces be reduced to a size
of 12 feet by 20 feet. The total number of loading spaces remains unchanged.
We 'respectfully submit that this is a minor and non substantial modification of the
500 Brickell MUSP in compliance with Sections 1706 and 215 of the City of Miami Zoning
Ordinance. We do not anticipate any adverse impact either on the development itself nor on
the surrounding property. The necessary accompanying materials including a check for the
application fee are enclosed along with this letter.
Best regards,
Mario J. Garcia -Serra
cc: Mr. Carlos Rosso
Mr. Carlos Olmos
Adrienne F. Pardo, Esq.
Greenberg Traurig, P.A. 1 Attorneys at Law 11221 Brickell Avenue I Miami, FL 33131 1 Tel 305.579.0500 I Fax 305.579.0717 I www.gtlaw.com