HomeMy WebLinkAboutCC MUSP AnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
600 Brickell
located at approximately
600-680 Brickell Avenue
LEGISTAR FILE ID: 06-00401mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the 600 Brickell project (MU-2006-005), located at ap-
proximately 600-680 Brickell Avenue, Miami, Florida, has been reviewed to allow a Ma-
jor Use Special Permit per Articles 9, 13 and 17, to construct a phased two building
mixed use development ranging in height from approximately 484 feet to 903 feet to be
comprised of approximately 134 total multifamily residential units with recreational
amenities; approximately 360 hotel rooms; approximately 17,947 square feet of retail
and restaurant space; and approximately 1,915 total parking spaces; providing for cer-
tain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
AMENDMENT TO THE ZONING ATLAS, as per ARTICLE 22. AMENDMENTS, for
lots 3 through 7 (inclusive) and lots 13 throughl7 (inclusive), of the property's Legal
Description, from SD-5. Brickell Avenue Area Office — Residential District to SD-7.
Central Brickell Rapid Transit Commercial — Residential District;
AMENDMENT TO THE ZONING ATLAS, as per ARTICLE 22. AMENDMENTS, for
lots 3 through 17 (inclusive), of the property's Legal Description, to modify the under-
lying SD-7 Central Brickell Rapid Transit Commercial — Residential District (which al-
lows a Residential F.A.R. of 6.0 and a Non-residential F.A.R. of 2.25) by adding SD-
19 Designated F.A.R. Overlay District (to allow a Residential F.A.R. of 3.00 and a
Non-residential F.A.R. of 3.25);
MAJOR USE SPECIAL PERMIT as per ARTICLE 17. MAYOR USE SPECIAL
PERMITS; DETAILED REQUIREMENTS, Section 1701. Definition (9) and ARTICLE
5. PLANNED UNIT DEVELOPMENT to establish a Planned Unit Development;
MAJOR USE SPECIAL PERMIT as per ARTICLE 17. MAYOR USE SPECIAL
PERMITS; DETAILED REQUIREMENTS, Section 1701. Definition (9) and ARTICLE
5. PLANNED UNIT DEVELOPMENT, Section 502. PUD districts; minimum area,
maximum densities and maximum floor area ratios permitted (a),(c), to allow in SD-
7. Central Brickell Rapid Transit Commercial — Residential District, up to 20% in-
crease of floor area ratio, for an increase of approximately 207,360 square feet of
floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. MAYOR USE SPECIAL
PERMITS; DETAILED REQUIREMENTS, Section 1701. Definition (2), to allow for
development of approximately 972,703 SF of non-residential floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. MAYOR USE SPECIAL
PERMITS; DETAILED REQUIREMENTS, Section 1701. Definition (3), to allow for
development of 360 hotel rooms;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. MAYOR USE SPECIAL
PERMITS; DETAILED REQUIREMENTS, Section 1701. Definition (7) for develop -
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ment of uses that require approximately 1,442 parking spaces and propose ap-
proximately 1,915 parking spaces;
This permit also includes the following Special Permits and the additional requests:
SPECIAL EXCEPTIONS
SPECIAL EXCEPTION PERMIT, as per ARTICLE 9. GENERAL AND
SUPPLEMENTARY REGULATIONS, Section 917.1.2. Valet Parking Generally, to
allow valet parking to serve Hotel and Restaurant uses for up to 50% (5 parking
spaces for Restaurant and 45 parking spaces for hotel uses) of the required parking;
CLASS II SPECIAL PERMITS
CLASS 11 SPECIAL PERMIT, as per ARTICLE 6. SD SPECIAL DISTRICTS
GENERAL PROVISIONS, Section 605.3. Class II Special Permits, to allow for de-
velopment of new construction building within the SD-5. Brickell Avenue Area Office -
Residential District;
CLASS 11 SPECIAL PERMIT, as per ARTICLE 6. SD SPECIAL DISTRICTS
GENERAL PROVISIONS, Section 605.5. Accessory uses and structures (2), to al-
low all accessory uses visible from any right-of-way such as roofed sheltered areas,
open at the side and for at least forty (40) percent of perimeter of coverage, and fa-
cilities for outdoors service of food or drinks may be permitted in appropriate loca-
tions in urban plazas or other open space in a development not and shall be not in-
cluded in floor area limited by F.A.R. on the property, or counted in computing off-
street parking requirements; and neither shall exceed twenty-five (25) percent of to-
tal open space required in relation to the property;
CLASS II SPECIAL PERMIT, as per ARTICLE 6. SD SPECIAL DISTRICTS
GENERAL PROVISIONS, Section 605.5.1. Sales display and outdoor within open,
or partially open space, to allow sheltered structures areas within open space such
as a coffee shop for outdoor dining areas;
CLASS II SPECIAL PERMIT, as per ARTICLE 6. SD SPECIAL DISTRICTS
GENERAL PROVISIONS, Section 605.8.3. Maximum ground floor setbacks, to allow
for development with open space as urban plaza that provides setback exceeding
maximum ground floor setback of twenty (20) feet;
CLASS 11 SPECIAL PERMIT, as per ARTICLE 6. SD SPECIAL DISTRICTS
GENERAL PROVISIONS, Section 607.3. Class II Special Permit, to allow the erec-
tion of a new building structure within the Central Brickell Rapid Transit Commercial -
Residential District;
CLASS II SPECIAL PERMIT, as per ARTICLE 6. SD SPECIAL DISTRICTS
GENERAL PROVISIONS, Section 607.8.3. Open Space and residential recreation
space, to allow development of residential recreation space as urban plaza and shall
conform to "The City of Miami Design Guides and Standards for Open Space and
Residential Recreation Space" and the following special standards;
- Generally, open space and urban gardens shall not exceed twenty-five (25) per-
cent of the lineal frontage of the development site on any street.
- At least fifty (50) percent of the lineal footage of perimeter walls enclosing an
atrium space shall contain ground level uses permitted in section 607.4.1.
CLASS II SPECIAL PERMIT, as per ARTICLE 9. GENERAL AND
SUPPLEMENTARY REGULATIONS, Section 908.2. Access, to allow driveways of
width greater than twenty-five (25) feet subject to the criteria in section 908.2 and
the applicable criteria listed in Section 1305;
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CLASS II SPECIAL PERMIT, as per ARTICLE 9. GENERAL AND
SUPPLEMENTARY REGULATIONS, Section 917.3.2. , to allow temporary surface
parking on the West portion of the property prior to commencing construction on
Phase II subject to the Off-street parking guides and standards listed in section
917.3.2 and in addition to the " The City of Miami Off-street Parking Guides and
Standards";
CLASS II SPECIAL PERMIT, as per ARTICLE 9_ GENERAL AND
SUPPLEMENTARY REGULATIONS, Section 917.4. Class I Special Permits re-
quired for substantial modification of existing facilities including ten (10) or more
spaces, to allow substantial modification of the existing parking facility;
CLASS II SPECIAL PERMIT, as per ARTICLE 9. GENERALLY AND
SUPPLEMENTARY REGULATIONS, Section 923. Off-street loading, detailed re-
quirements, Sub -Section 923.2. Dimensions of stalls or berths, generally, Sub -
Section 923.2.1. Reduction in stall dimensions by Class II Special Permit; criteria
and limitations on reductions, to allow reduction in dimensions of required stalls
specified in sub -section 923.2 from three (3) 12'x55'x15' to three (3)
13'x35'x15'subject to the applicable criteria in Section 1305 and the criteria set forth
herein;
That the manner of operation proposed is such that stalls of dimensions generally
required are unnecessary because, among other matters, the size, character and
operation of the use will not normally involve service by motor vehicle requiring the
dimensions of an off-street space specified by sub -section 923.2; and
That the uses involved are likely to continue or to be succeeded by others for which
the same stall dimensions will be adequate, or that any additional loading space
necessary could be provided in a logical location without creating violations of other
requirements of this regulations,
CLASS Il SPECIAL PERMIT, as per ARTICLE 9. GENERALLY AND
SUPPLEMENTARY REGULATIONS, Section 927. Temporary structures, occupan-
cies, 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 ap-
proved by other city departments prior to the issuance of a Class II Special Permit
and temporary occupancy and use of two (2) loading bays within a portion of the
north west retail area of Phase I building during construction of Phase II building,
and temporary off -site parking subject to the applicable criteria in Section 1305 and
to the following criteria, it may be located only in districts more or equally permissive
as to the one where the principal use is to be served is located. Such parking is only
to be permitted where there are practical difficulties or hardships, involved in provid-
ing the required parking on the site during construction. In addition, subject to the
following criteria:
- The applicant shall provide to the City a copy of the lease or other parking agree-
ment which will fulfill the parking requirement during construction.
- In cases where the parking is offsite, the parking for commercial project shall only
be provided in a commercial zoning district and parking for a residential project shall
only be provided in a commercial or more permissive residential zoning district;
Relocation of required parking shall be limited to specific length of time (i.e., one (1)
year with one (1) year renewal) or limited to the duration of the construction up to the
issuance of the certificate of occupancy, whichever is Tess; and
- The distance between the principal entrances of the parking facility and the use be-
ing served shall be limited to six hundred (600) feet.
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CLASS I SPECIAL PERMIT, as per ARTICLE 9. GENERALLY AND
SUPPLEMENTARY REGULATIONS, Section 906. Accessory uses and structures,
Sub -Section 906.9. Temporary special events; special permits; criteria, to allow tem-
porary carnival, festival, fair or similar type event on privately owned or City -owned
land such as a ground breaking ceremony, shall be subject to the applicable criteria
in Section 1305. In addition, the following conditions, criteria and limitations shall ap-
ply;
- Adjacent property owners and residents shall be notified of the temporary event by
the applicant, and the applicant shall submit to the Zoning Administrator an affidavit
signed by the residents certifying such notice.
- Temporary events proposed on public property must be approved by other city de-
partments, prior to issuance of a Class I Special Permit.
- The City Manager is authorized to establish required procedures and to attach any
further limitations or conditions deemed essential for the health and general welfare
of the public.
CLASS 11 SPECIAL PERMIT, as per ARTICLE 9. GENERALLY AND
SUPPLEMENTARY REGULATIONS, Section 908.8. Fences, walls, and hedges,
Sub -Section 908.8.2. Fences, walls, and hedges, to allow barbed wire fences, or
used of barbed wire along the top of a fence or wall, upon making a written finding
that its use and placement are reasonably necessary to the safety, welfare and se-
curity of the property and/or its occupants and subject to the applicable criteria in
Section 1305;
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT as per ARTICLE 9. GENERAL AND
SUPPLEMENTARY REGULATIONS, Section 908. Lot measurement, Sub -Section
908.12, Bus passenger shelters; bus benches; telephone booths,; mail and newspa-
per boxes, to allow bus passenger shelter within required yard subject to restriction
set forth at section 908.11 and criteria set forth herein;
CLASS I SPECIAL PERMIT as per ARTICLE 9. GENERAL AND
SUPPLEMENTARY REGULATIONS, Section 916. interim Parking, Sub -Section
916.2.1. Temporary special event parking, to allow temporary special event parking
for groundbreaking ceremonies subject to criteria set forth herein;
CLASS I SPECIAL PERMIT, as per ARTICLE 9. GENERALLY AND
SUPPLEMENTARY REGULATIONS, Section 918. Offsite Parking, Sub -Section
918.2. Temporary off-street offsite parking for construction crews, criteria, to allow
temporary off-street offsite parking for construction crews with same conditions as in
Section 927. In addition, subject to the following criteria;
- The parking capacity for temporary off-street offsite parking shall be limited to four
hundred (400) spaces.
CLASS I SPECIAL PERMIT, as per ARTICLE 9. GENERALLY AND
SUPPLEMENTARY REGULATIONS, Section 920. Parking and/or storage of certain
vehicles prohibited or limited in specified districts; limitations on occupancy, Sub -
Section 920.1.2. Limitations on occupancy of mobile homes, to allow parking of mo-
bile 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.
- Other than when authorized for use as temporary office in connection with land de-
velopment, construction or other purposes, such parking of mobile homes, trailers or
manufactured homes shall be allowed for a maximum of one (1) year with the option
to request one (1) extension for an additional one (1) year.
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CLASS I SPECIAL PERMIT as per ARTICLE 10. SIGN REGULATIONS, Section
10.3.2.2 and Sub -Section 10.6.3.5. SD-5. Brickell Avenue Area Residential -Office
District, to allow temporary signs for construction and/or development in conjunction
with such construction signs, not exceeding one construction sign or thirty (30)
square feet in area for each lot adjacent to a street;
REQUEST, for waiver of CHAPTER 36. NOISE, Section 36-6. Construction Equip-
ment (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 crite-
ria;
REQUEST, as per ARTICLE 25. DEFINITIONS, Section 2502. Specific definitions,
to allow a development having a minimum of three (3) acres of land, as a phased
project subject to approval by the director of the planning department and the criteria
set forth herein;
REQUEST for applicable MUSP conditions to be satisfied at the time 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 9, 13 and 17 of Zoning Ordinance 11000, approval of the
requested Major Use Special Permit shall be considered sufficient for the subordinate
permits requested and referenced above as well as any other special approvals required
by the City which may be required to carry out the requested plans.
In determining the appropriateness of the proposed project, the Planning
Department has referred this project to the Large Scale Development Committee
(LSDC) and the Planning Internal Design Review Committee for additional input
and recommendations; the following findings have been made:
• 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 the southwest corner of SE 6 Street and Brickell Avenue.
• It is found that the subject property is located in the "Mary Brickell Addition to Map of
Miami" Plat within the Brickell Village neighborhood of the City.
• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the property is SD-5 (Brickell Avenue Area Office -
Residential).
• It is found that the proposed designation for the property is SD-7 (Central Brickell
Rapid Transit Commercial -Residential) w/SD-19 (6.25 FAR) Overlay.
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• It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Miami, Florida, the existing Future Land Use category for the property is "Office".
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
Eighth Street Station, located one block south 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 residential density of the project (314 units at 500 units per acre)
is below the maximum density permitted of 1,755 units on the 3.51± net acre site.
Per Section 903.4, the 360 hotel rooms are equivalent to 180 dwelling units (hotel
rooms = 0.50 of a dwelling unit).
• It is found that the total allowable combined floor area without bonuses for the 5.35±
gross acre site at a Floor Area Ratio (FAR) of 6.25 is 1,455,956 square feet. The
project as proposed is requesting bonuses of 20% PUD (207,360 sq. ft.) for a total
proposed FAR of 1,524,981 square feet from an allowable 1,534,794 square feet.
• It is found that the proposed project has an excess of parking (1,915 spaces
provided whereas only 1,441 are required) despite the urban context of the area and
proximity to public transportation.
• It is found that the project is expected to cost approximately $722,600,000, and to
employ approximately 3,211 workers during construction (FTE-Full Time
Employees); The project will also result in the creation of approximately 3,980
permanent new jobs (FTE) and will generate approximately $7,540,376 annually in
tax revenues to the City (2006 dollars).
• It is found that on December 22, 2005, the City of Miami Public Works Department
provided a review of the project and commented that the following street
improvements shall be required: (a) SE 7 Street — Coordinate replacement of broken
and damaged concrete sidewalk, curb and gutter on both sides of the street
adjacent to the project site with the Florida Department of Transportation; (b) SE 6
Street — Complete reconstruction of SE 6 Street south side to centerline between
Brickell Avenue and the Metromover. Coordinate the improvements with the "500
Brickell" development project; (c) Brickell Avenue — Coordinate with the Florida
Department of Transportation for replacement of all broken and damaged sidewalk,
curb and gutter and concrete asphalt pavement adjacent to the project site.
• It is found that the Large Scale Development Committee reviewed the project on
January 4, 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 January 18, 2006, which recommended
Approval (UDRB Reso. 1-18-06-3) with conditions.
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It is found that the proposed project was reviewed by the internal Design Review
Committee on December 13, 2005, and the following revised pertinent comments
were made on January 31, 2006 after the January 18, 2006 UDRB Meeting: Urban
Design — As discussed in the December 13 meeting, the applicant should consider
creating a stronger visual and physical connection between the project and the
adjacent Metromover stop; Parking Garage — (a) As stated in our comments from
December 2004, August 2005, and November 2005, December 2005 and currently,
liner uses should be provided. The current proposal of 10 levels of unlined parking in
Phase I and eleven levels of unlined parking in Phase II is unacceptable as
proposed. Habitable space facilitates an active street and plaza usage. Brickell
Avenue and the new plaza are prime space. The current proposal incorporates 1915
parking spaces versus 1290 spaces required. The incorporation of active liners will
not affect the parking podiums or requirements. This great new public space as
proposed will be surrounded on three sides with parking garages; (b) Please
reconsider at least 3 levels of liner uses around the plaza and produce an
exceptional artistic treatment to areas that are not to be lined with habitable space.
These liner units will not only be extremely attractive office or residential spaces, but
they will serve to enhance the central theme of the project, the public plaza. Liner
uses may include conference rooms, internal project management offices (security,
maintenance, etc.), realty management, etc. or as a last option on upper floors small
random balconies accessed off the parking garage; (c) The applicant should reduce
parking due to the urban context of the project and its proximity to public
transportation. Additional parking should be provided underground if necessary; (d)
The Phase 11 West Garage Elevation is currently unacceptable and should be
articulated architecturally. Possibly following the punch window look, using louvers,
grills or other materials recessed into the stucco finished framework or other
architectural treatment; Streetscape/Landscape - The applicant shall provide a
double row of large species palm trees along the Brickell Avenue upper plaza
entrance, as discussed in the December 13th meeting. These palm trees will
continue the pattern of shade trees and serve to accent the entrance to the public
plaza while still allowing clear visual access to the activities taking place beyond. The
Planning Department's review resulted in design modifications that were then
recommended for approval to the Planning Director.
• It is found that the proposed project was reviewed by the Miami Zoning Board on
March 13, 2006, Item No. 9, for a Change of Zoning from SD-5 "Brickell Avenue
Area Office -Residential" and SD-7 "Central Brickell Rapid Transit Commercial -
Residential" to SD-7 "Central Brickell Rapid Transit Commercial -Residential" wlSD-
19 (6.25 FAR) Overlay, which recommended APPROVAL (Reso. ZB 2006-1146) by
a vote of five to three (5-3), requiring City Commission approval.
• It is found that on March 27, 2006, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #146) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient.
• It is found that on March 28, 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 at that location. In addition, the
analysis indicates that the structure may impact the Terminal Instrument Procedures
(TERPS) for Departure and Approach on some of the runways at Miami International
Airport (MIA). Any proposed construction exceeding 200 feet requires the applicant
to file with the Federal Aviation Administration (FAA) Form 7460-1, "Notice of
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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 revised review of the
proposed project on April 18, 2006. The student population generated by this
development is estimated at 24 students. The schools serving this area of
application are Southside Elementary (11 students) .... 169% Florida Inventory School
Houses (FISH) Capacity with the proposed project; Shenandoah Middle (6 students)
104% FISH; and Booker T. Washington Senior High (7 students) — 68% FISH.
Pursuant to the interlocal agreement, only Southside Elementary meets the review
threshold of 115%.
• 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.
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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
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 Major Use Special Permit.
9) In so far as this Major Use Special Permit includes the subordinate approval of
a series of Class I Special Permits for which specific details have not yet been devel-
oped or provided, the applicant shall provide the Planning Department with all subordi-
nate Class I Special Permit plans and detailed requirements for final review and ap-
proval 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 de-
velopment 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) Create a stronger visual and physical
pedestrian connection between the project and the Eighth Street Metromover stop; (b)
The current proposal of 10 levels (Phase I) and 11 levels (Phase II) of unlined parking is
unacceptable. Provide at least 3 levels of liner uses around the plaza and produce an
exceptional artistic treatment to areas that are not to be lined; (c) Provided excess park-
ing spaces shall be reduced due to the urban context of the project and its proximity to
public transportation. Additional parking should be provided underground if necessary;
(d) The Phase II West Garage Elevation is currently unacceptable and should be articu-
lated architecturally; (e) A final landscape plan shall be submitted for review and ap-
proval of the Planning Director prior to the issuance of a building permit.
12) Pursuant to comments by the City of Miami Public Works Department, the
following street improvements shall be required of the applicant: (a) SE 7 Street — Coor-
dinate replacement of broken and damaged concrete sidewalk, curb and gutter on both
sides of the street adjacent to the project site with the Florida Department of Transporta-
tion; (b) SE 6 Street — Complete reconstruction of SE 6 Street south side to centerline
between Brickell Avenue and the Metromover. Coordinate the improvements with the
"500 Brickell" development project; (c) Brickell Avenue — Coordinate with the Florida
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Department of Transportation for replacement of all broken and damaged sidewalk, curb
and gutter and concrete asphalt pavement adjacent to the project site.
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 March 28, 2006.
14) That the requested accompanying applications for Land Use Change and
Change of Zoning on this property are approved by the City Commission.
15) The applicant shall record a covenant, subject to review and approval by the
city attorney, within sixty (60) days of the effective date of this resolution, which states
that in the event that this Major Use Special Permit expires or is abandoned, any future
development of the subject properties shall require design review and approval by the
Planning Director, utilizing the same criteria as the original Major Use Special Permit.
16) 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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