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HomeMy WebLinkAboutLegislation - Ver. 3City of Miami Legislation Resolution: R-06-0405 City Hall 3500 Pan American Drive Miami, FL 33133 www.miatnigov.com File Number: 06-00401 mu Final Action Date: 6/22/2006 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 600 BRICKELL PROJECT, TO BE LOCATED AT APPROXIMATELY 600-680 BRICKELL AVENUE, MIAMI, FLORIDA, 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 CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 7, 2006, Gilberto Pastoriza, Esquire, on behalf of 600 Brickell LLC, (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for 600 Brickell (referred to as "PROJECT") pursuant to Articles 9, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 600-680 Brickell Avenue, Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and WHEREAS, development of the Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on January 4, 2006 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on January 18, 2006, to consider the proposed project and recommended APPROVAL; and WHEREAS, the Miami Zoning Board at its meeting of March 13, 2006, Item No. 10, adopted Resolution 2006-1147, by a vote of six to two (6-2), recommending APPROVAL of a Special Exception as hereinafter set forth; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on April 19, 2006 Item No. 6, following an advertised public hearing, adopted Resolution No. PAB 06-040 by a vote of seven to one (7-1), recommending APPROVAL with conditions, except conditions 11 b and 11 c, of the Major Use Special Permit Development Order as hereinafter set forth; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare Printed On: 8/9/2006 File Number: O6-00401mu Enactment Number: R-O6-0405 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, 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 600-680 Brickell Avenue, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of 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 certain floor area ratio ("FAR") bonuses. Section 4. The Major Use Special Permit Application for the Project also encompasses the lower ranking Special Permits as set forth in the Development Order. Section 5. The findings of fact set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as amended. b. The PROJECT is in accord with the proposed SD-5 (Brickell Avenue Area Office -Residential) and SD-7 (Central Brickell Rapid Transit Commercial -Residential w/SD-19 Overlay) 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 I) Site and Urban Planning: (1) Respond to the physical Yes. *Yes. contextual environment taking into consideration urban form and natural features; (2) Siting should minimize the Yes. *Yes. impact of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner lots Yes. *Yes. City of Miami Page 2 of 14 Printed On: 8/9/2006 File Number. 06-00401mu Enactment Number. R-06-0405 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; (2) Landscaping, including plant Yes. *yes. material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. City of Miami Page 3 of 14 Printed On: 8/9/2006 File Number. 06-00401mu Enactment Number: R-06-0405 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 suitable design element. VII) Signage and Lighting: (1) Design signage appropriate Yes. *Yes. City of Miami Page 4 of 14 Printed On: 8/9/2006 File Number: 06-00401mu Enactment Number: R-06-0405 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. Vlll) 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 $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). 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; City of Miami Page 5 of 14 Printed On: 8/9/2006 File Number: 06-00401mu Enactment Number: R-06-0405 (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (5) the PROJECT will efficiently use necessary public facilities; (6) the PROJECT will not negatively impact the environment and natural resources of the City; (7) the PROJECT will not adversely affect living conditions in the neighborhood; (8) the PROJECT will not adversely affect public safety; (9) based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (10) any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority participation and employment, and minority contractor/subcontractor participation will be mitigated through compliance with the conditions of this Major Use Special Permit. Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANT and any successors in interest. Section 7. The application for Major Use Special Permit, which was submitted on February 7, 2006, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference. Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the PROJECT, incorporated within. Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and issued. Section 11. In the event that any portion or section of this Resolution or the Development Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order which shall remain in full force and effect. Section 12. The provisions approved for this Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} DEVELOPMENT ORDER Let it be known that pursuant to Articles 9, 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the City of Miami Page 6 of 14 Printed On: 8/9/2006 File Number: 06-00401mu Enactment Number: R-06-O405 City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for 600 Brickell (MU-2006-005), (hereinafter referred to as the "PROJECT') to be located at approximately 600-680 Brickell Avenue, Miami, Florida (see legal description on "Exhibit A", attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan. the City Commission has approved the PROJECT, and subject to the following conditions approves the Major Use Special Permit and issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a mixed use development to be located at approximately 600-680 Brickell Avenue, Miami, Florida. The PROJECT is located on a gross lot area of approximately 5.35± acres and a net lot area of approximately 3.51± 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 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 certain floor area ratio ("FAR") bonuses. The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits: MAJOR USE SPECIAL PERMITS AMENDMENT TO THE ZONING ATLAS, as per ARTICLE 22. AMENDMENTS, for lots 3 through 7 (inclusive) and lots 13 through 17 (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 underlying SD-7 Central Brickell Rapid Transit Commercial - Residential District (which allows 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. MAJOR 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. MAJOR USE SPECIAL PERMITS; City of Miami Page 7 of 19 Printed On: 8/9/2006 File Number: 06-00401mu Enactment Number: R-O6-O405 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% increase of floor area ratio, for an increase of approximately 207,360 square feet of floor area; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. MAJOR 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. MAJOR USE SPECIAL PERMITS; DETAILED REQUIREMENTS, Section 1701. Definition (3), to allow for development of 360 hotel MOMS; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. MAJOR USE SPECIAL PERMITS; DETAILED REQUIREMENTS, Section 1701. Definition (7) for development of uses that require approximately 1,442 parking spaces and propose approximately 1,915 parking spaces; 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 II SPECIAL PERMIT, as per ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS, Section 605.3. Class II Special Permits, to allow for development 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 allow 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 facilities for outdoors service of food or drinks may be permitted in appropriate locations in urban plazas or other open space in a development not and shall be not included 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 total 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 1I 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 I1 SPECIAL PERMIT, as per ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS, Section 607.3. Class II Special Permit, to allow the erection of a new building City of Miami Page 8 of 14 Printed On: 8/9/2006 File Number: 06-00401 mu Enactment Number: R-06-0405 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) percent 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; 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 required 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. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 923. Off-street loading, detailed requirements, Sub -Section 923.2. Dimensions of stalls or berths, generally, Sub -Section 923.2.1. Reduction in stall dimensions by Class 11 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 11 SPECIAL PERMIT, as per ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS, 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 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 City of Miami Page 9 of 14 Printed On: 8/9/2006 File Number: 06-00401mu Enactment Number: R-06-0405 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 providing 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 agreement 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 less; and - The distance between the principal entrances of the parking facility and the use being served shall be limited to six hundred (600) feet. CLASS II 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 temporary 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 apply; - 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 departments, 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 security 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 newspaper boxes, to allow bus passenger shelter within required yard subject to restriction set forth at section 908.11 and criteria set forth herein; CLASS 1 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. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 918. Offsite Parking, Sub -Section 918.2. Temporary off-street offsite City of Miami Page 10 of 14 Printed On: 8/9/2006 File Number: 06-00401mu Enactment Number: R-06-0405 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. GENERAL 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 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. - Other than when authorized for use as temporary office in connection with land development, 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. 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 cojnction with sue constuction igns,t exceeding nstruction ign orthirty) square feet in area for eahlot adjacent to a street; REQUEST, for waiver of CHAPTER 36. NOISE, Section 36-6. Construction Equipment a) permittg the oeration of construction equipment exceeding the sound level of 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; 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, 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 9, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by RTKL, dated January 23, 2006; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by RTKL, dated January 23, 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 proposed SD-7 (Central Brickell Rapid City of Miami Page 11 of 14 Printed On: 8/9/2006 File Number: 06-00401 mu Enactment Number.: R-06-0405 Transit Commercial -Residential w/SD-19 (6.25 FAR) Overlay) zoning classification, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The proposed comprehensive plan future land use designation on the subject property allows the proposed uses. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 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 MinorityNVomen Business Affairs and Procurement Program as a guide. 6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. 7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP permit resolution and development order, and further, an executed, record able unity of title or covenant in lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's Office. 8) Provide the Planning Department with a temporary construction plan that includes the following: a temporary construction parking plan, with an enforcement policy; a construction noise management plan with an enforcement policy; and a maintenance plan for the temporary construction site; said plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this Major Use Special Permit. City of Miami Page 12 of 14 Printed On: 8/9/2006 Fite Number 06-00401mu Enactment Number: R-06-004005 9) In so far as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and detailed requirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order or captioned in the plans approved by it. 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) Create a stronger visual and physical pedestrian connection between the project and the Eighth Street Metromover stop; (b) The Phase II West Garage Elevation is currently unacceptable and should be articulated architecturally; (c) A final landscape plan shall be submitted for review and approval 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 - 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. 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. 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. City of Miami Page 13 of 14 Printed On: 8/9/2006 File Number' 06-00401mu Enactment Number: R-O6-04O5 CONCLUSIONS OF LAW The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations and further, pursuant to Section 1703 of the Zoning Ordinance: (1) the PROJECT will have a favorable impact on the economy of the City; and (2) the PROJECT will efficiently use public transportation facilities; and (3) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) the PROJECT will efficiently use necessary public facilities; and (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. APPROVED AS TO FORM AND CORRECTNESS: JORCE Li FERNANDEZ CITYiATRNEY Footnotes: {1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 14 of 14 Printed On: 8/9/2006 Cr City of Miami Legislation Resolution: R-06-0405 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-00401mu Final Action Date:6/2212006 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITI- °CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 600 BRICKE,L PROJECT, TO BE LOCATED AT APPROXIMATELY 600-680 BRICKELL AVENUE, MIAMI, FLORIDA, 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 TOTALMULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 360 HOTEL ROOMS; APPROXIMATELY 17,947 SQUAFE FEET OF RETAIL AND RESTAURANT SPACE; AND APPROXIMATELY 1,915 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO `(,;'FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHE REAS, on February 7, 2006, Gilberto Pastoriza, Esquire,* behalf of 600 Brickell LLC, (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for 600 Brickell (referred to as "PROJECT") pursuant to Articles 9, 13 and 17 of Zoning Ordinance No. 11000, for the properties located 4t approximately 600-680 Brickell Avenue, Miami, Florida, as legally described in "chibit A", attached and incorporated; and WHEREAS, development of the Project requires the issuance' of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on January 4, 2006 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on January 18, '2006, to consider the proposed project and recommended APPROVAL; and WHEREAS, the Miami Zoning Board at its meeting of March 13, 2006, Item No. 10, adopted Resolution 2006-1147, by a vote of six to two (6-2), recommending APPROVAL of' „a Special Exception as hereinafter set forth; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on April 19, 2006 Item No. 6, following an advertised public hearing, adopted Resolution No. PAB 06-040 by a vote of -seven to one (7-1), recommending APPROVAL with conditions, except conditions 11b and 11c, of the Major Use Special Permit Development Order as hereinafter set forth; and City of illiami Page 1 of 14 Printed On: 8/9/2006 File Number: 06-00401mu Enactment Number: R-06-0405 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, 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 600-680 Brickell Avenue, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of 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 certain flog ,area ratio ("FAR") bonuses. Section 4. The Major Use Special Permit Application for the Project also encompasses the lower ranking Special Permits as set forth in the Developiranent 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 proposed SD-5 (Brickell Avenue Area Office -Residential) and SD-7 (Central Brickell Rapid Transit Commercial -Residential wISD-19 Overlay) 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 sjcific site plan aspects of the PROJECT that have been found by the City Commission (based upcp 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 I) Site and Urban Planning: (1) Respond to the physical Yes. *Yes. contextual environment taking into consideration urban form and natural features; (2) Siting should minimize the Yes. *Yes. impact of automobile parking and driveways on the pedestrian environment and adjacent City of Miami Page 2 of 14 Printed On: 8/9/2006 File Nu'rr ber: 06-00401mu Enactment Number: R-06-0405 properties; (3) Buildings on corner lots 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 neighboncOod Yes. *Yes. context; (3) Create a transition in bulk Yes. *Yes. and scale; (4) Use architectural styles lies. *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. respond primarily to the human scale; (3) Provide active, not blank Yes. *Yes. facades. Where blank walls are unavoidable, they should receive design treatment. IV) Streetscape and Open Space: (1) Provide usable open space Yes. *Yes. that allows for convenient and visible pedestrian access from the public sidewalk; (2) Landscaping, including plant Yes. *Yes. material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to City of Miami Page 3 of 14 Printed On: 8/9/2006 File Number. 06-00401 mu Enactment Number: R-06-I)405 enhance the project. V) Vehicular Access and Parking: (1) Design forpedestrian 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. front should be minimized and where possible should be located behind the building; (4) Use surface parking areas Yes. *yes. as district buffer. *Yes. 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 suitable design element. VI!) Signage and Lighting: City of Miami Page 4of14 Printed On: 8/9/2006 File Number: 06-00401mu Enactment Number: R-006-0405 (1) ©esign,signage appropriate Yes. *yes. for the scale\and character of the project anif.jmmediate neighborhood; (2) Provide lightini 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 No tconformities: (1) For modifications of 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 $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). e. The City Commission further finds that: City of Miami Page 5 of l4 Printed On: 8/9/2006 File Number: 06-00401mu Enactment Number: R-06-0405 (1) the PROJECT will have a favorable impact on the economy of the City; (2) the PROJECT will efficiently use public transportation facilities; (3), any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (5) the "PROJECT will efficiently use necessary public facilities; (6) the PROJECT will not negatively impact the environment and natural resources of the City; (7) the PROJECT will not adversely affect living conditions in the neighborhood; (8) the PROJECT will not adversely affect public safety; (9) based on tFe 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,>nd minority contractor/subcontractor participation will be mitigated through compliance with the conditions of this Major Use Special Permit. Section 6. The Major Use Specfpl 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 February 7, 2006, and on file with the Planning Departhient of the City of Miami, Florida, shall be relied upon generally for administrative interpretations ald is incorporated by reference. Section 8. The City Manager is directed to it struct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT. Section 9. The Findings of Fact and ConclusionSof Law are made with respect to the Project as described in the Development Order for the PROJECT; incorporated within. Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and issued. �e Section 11. In the event that any portion or section of this Resolution or the Development Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order which shall remain in full force and effect. Section 12. The provisions approved for this Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} DEVELOPMENT ORDER City of Miami Page 6 of 14 Printed On: 8/9/2006 File Number: 06-00401mu Enactnient Number: R-06-040.5 Let it be known that pursuant to Articles 9, 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for 600 Brickell (MU-2006-005), (hereinafter referred to as the "PROJECT") to be located at approximately 600-680 Brickell Avenue, Miami, Florida (see legal description on "Exhibit A", attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record. �e 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 M jor Use Special Permit and issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a mixed ose development to be located at approximately 600-680 Brickell Avenue, Miami, Florida. The PROJECT is located on a gross lot area of approximately 5.35± acres and a net lot area of approximately 3.5=1± 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 a phased, two=wilding 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 certain floor area ratio ("FAR") bonuses. The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits: MAJOR USE SPECIAL PERMITS AMENDMENT TO THE ZONING ATLAS, as per ARTICLE 22.°AMENDMENTS, for lots 3 through 7 (inclusive) and lots 13 through 17 (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 underlying SD-7 Central Brickell Rapid Transit Commercial - Residential District (which allows 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. MAJOR USE SPECIAL PERMITS; DETAILED REQUIREMENTS, Section 1701. Definition (9) and ARTICLE 5. PLANNED UNIT DEVELOPMENT to establish a Planned Unit Development; City of Miami Page 7 of 14 .Printed On: 8/9/2006 File Number: 06-00401mu Enactment Number: R-06-0405 MAJOR USE SPECIAL PERMIT as per ARTICLE 17. MAJOR 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% increase of floor area ratio, for an increase of approximately 207,360 square feet of floor area; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. MAJOR 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 SPECIALPERMIT, as per ARTICLE 17. MAJOR 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. MAJOR USE SPECIAL PERMITS; DETAILED REQUIREMENTS, Seotion 1701. Definition (7) for development of uses that require approximately 1,442 parking spacesandpropose approximately 1,915 parking spaces; SPECIAL EXCEPTIONS SPECIAL EXCEPTION PERMIT, as perARTICLE 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; :c CLASS II SPECIAL PERMITS CLASS II SPECIAL PERMIT, as per ARTICLE 6' LSD SPECIAL DISTRICTS GENERAL PROVISIONS, Section 605.3. Class I1 Special Permits, to allow for development of new construction building within the SD-5. Brickell Avenue Area Office -Residential District; CLASS II SPECIAL PERMIT, as per ARTICLE 6, SD SPECIAL DISTRICTS GENERAL PROVISIONS, Section 605.5. Accessory uses and structures (2), to allow 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 facilities for outdoors service of food or drinks may be permitted in appropriate locations in urban plazas or other openspace in a development not and shall be not included 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 total open space required in relation to the property; CLASS II SPECIAL PERMIT, as per ARTICLE 6. SD SPECIAL ❑1STRIGTS 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; City of Miami Page 8 414 Printed On: 8/912006 Rile Mi tuber 06-00401mu Enactment Number: R-06-0405 CLASS II SPECIAL PERMIT, as per ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS, Section 607.3. Class II Special Permit, to allow the erection 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 specialstandards; - Generally, open space and urban gardens shall not exceed twenty-five (25) percent 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 PERMITas 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; CLASS II SPECIAL PERMIT, as o'er 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 i :addition to the " The City of Miami Off-street Parking Guides and Standards"; CLASS 11 SPECIAL PERMIT, as per ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 917.4. Class I Special" Permits required 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. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 923. Off-street loading, detailed requirements, 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 a'nd 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 dimensionsy-pf 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 11 SPECIAL PERMIT, as per ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS, 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 enbroaching public property must be approved 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 ofthe north west City of Miami Page 9 of 14 Printed On: 8/9/2006 Fate Number: 06-00401mu Enactment Number: R-06-0405 '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 providing 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 agreement 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 lirhited to the duration of the construction up to the issuance of the certificate of occupancy, whicheve ,is less; and - The distance between thee, principal entrances of the parking facility and the use being served shall be limited to six hundred (600) feet. CLASS II 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 temporary 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 apply; - 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 departments, prior to issuance of a Class 1 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 ll 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 barbe&wire along the top of a fence or wall, upon making a written finding that its use and placement are`xeasonably necessary to the safety, welfare and security 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 newspaper 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; City of Miami Page 10 of 14 Printed On: 8/9/2006 ✓ i1e Number: 06-00401mu Enactment Number: R-06-0405 CLASS I SPECIAL PERMIT, as per ARTICLE 9. GENERAL 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 SPEbtAL PERMIT, as per ARTICLE 9. GENERAL 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 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. - Other than when authorized for use as temporary office in connection with land development, construction or other purposes; ; \such parking of mobile homes, trailers or manufactured homes shall be allowed for a maximum intone (1) year with the option to request one (1) extension for an additional one (1) year. 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 itt conjunction with such construction signs,ot exceeding oe construction sign or thirty 30) square feet -in area for eahlot adjacent to a street; REQUEST, for waiver of CHAPTER 36. NOISE,''Bection 36-6. Construction Equipment a) permittg the oeration of construction equipment exceedin:athe sound level of 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; 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'(orth herein; REQUEST for applicable MUSP, 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 9, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. The PROJECT shall be constructed substantially in accordance with plans and design 'Schematics on file prepared by RTKL, dated January 23, 2006; the landscape plan shall be implemented'.; substantially in accordance with plans and design schematics on file prepared by RTKL, datecfJanuary 23, 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 City of Miami Page 11 of 14 Printed On: 8/9/2006 File Number: 06-00401mu Enactment Number: R-06-0405 The PROJECT conforms to the requirements of the proposed SD-7 (Central Brickell Rapid Transit Commercial -Residential w/SD-19 (6.25 FAR) Overlay) zoning classification, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The proposed comprehensive plan future land use designation on the subject property allows the proposed uses. CONDITIONS THE APPLtcANT, 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 feesdue 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 dethpnstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide o:Jetter 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 suppFy 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 Employer ent 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,FAlorida, 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 alt,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 constructiorr,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 City of Miami Page 12 of 14 Printed On: 8/9/2006 File Number: 06-00401mu Enactment Number: R-06-0405 activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this Major Use Special Permit. 9) In So far as this Major Use Special Permit includes the subordinate approval of a series of Class I Special -Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class 1 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 isto 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 relate comments received by the Planning Director, the applicant shall meet the following conditions: (a) Creataa 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 11) of unlined parking is unceptable. 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 parking spaces shall be reduced due tote 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 unacceptableand should be articulated architecturally; (e) A final landscape plan shall be submitted for review and approval 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 - 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, 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 prO*perties shall require design review and approval by the Planning Director, utilizing the same criteria akthe 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. City of Miami Page 13 of 14 Printed On: 8/9/2006 File Number: 06-00401mu Enactment Number: R-O6-0405 THE CITY SHALL: Establishthe 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 thePermit. CONCLUSIONS OF._ LAW The PROJECT ;proposed by the APPLICANT, complies with the Miami Comprehensive Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations and further, pursuant to Section 1703 of the Zoning Ordinance: (1) the PROJECT wtij have a favorable impact on the economy of the City; and (2) the PROJECT wil 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. ti APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the_ City Commission. City of Miami Page 14 of 14 Printed On: 8/9/2006