HomeMy WebLinkAboutPAB LegislationDRAFT
06-00401 mu
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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 (MU-2006-005), 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.
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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 (MU-2006-005) (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. 9,
adopted a Resolution by a vote of five to three (5-3), recommending APPROVAL of a Change
of Zoning (ZB 2006-1146) requiring City Commission approval 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 *-* by a vote of
--- to --- (*-*), recommending ---- with conditions as presented in the Major Use Special Permit
Development Order as attached and incorporated; and
WHEREAS, the City Commission deems it advisable and in the best interest of the
general welfare of the City of Miami to issue a 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.
should be oriented to the corner
and public street fronts.
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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.
V) Vehicular Access and Parking:
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(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 Tots,
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.
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes. *Yes.
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feature to the building facade,
on and around landscape
areas, special building or
site features, and/or signage;
(3) Orient outside lighting to Yes. *yes.
minimize glare to adjacent
properties;
(4) Provide visible signage Yes. *Yes.
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
(1) Preserve existing vegetation Yes. *Yes.
and/or geological features
whenever possible.
IX) Modification of Nonconformities:
(1) For modifications of Yes. *Yes.
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform Yes. *Yes.
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
*Compliance is subject to conditions.
These findings have been made by the City Commission to approve this project with conditions.
d. The PROJECT is expected to cost approximately $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;
(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;
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(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, 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
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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 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 'rHE 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. Bride!! Avenue Area Office - Residential District to SD-7. Central
Brickell Rapid Transit Commercial - Residen tial 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. MAYOR USE SPECIAL
PERMITS; DETAILED REQUIREMENTS, Section 1701. Definition (9) and ARTICLE 5.
PLANED UNIT DEVELOPMENT to establish a Planned Unit Development;
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MAJOR USE SPECIAL PERMIT as per ARTICLE 17. MAYOR USE SPECIAL
PERMITS; DETAILED REQUIREMENTS, Section 1701. Definition (9) and ARTICLE S.
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. 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 •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 o (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 DI.STRICTS
GENERAL PROVISIONS, Section 605.3. Class 11 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 603.3. 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 drink 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, tin 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 11 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 acoffee
shop for outdoor dining areas.
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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 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 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 60741.4
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 1 Special Permits required
for substantial modification of existing facilities including ten (TO) 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
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'x53'xl$' to three (3) 13'x35'x15'subject to the applicable criteria in
Section 1305 and the criteria set forth herein;
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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 II SPECIAL PERMIT, as per ARTICLE 9. GENERALLY 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 11 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
looted_ 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 shali provide to the City a copy of t.lte, 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 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; criteri2, to allow temporary
carnival, festival, fair or similar type event on privately owned or City -owned land such as a
ground breaking ceremony, shalt be subject to the applicable criteria in Section 1305_ In
addition, the following conditions, criteria and limitations shall apply;
- Adjacent property owners and residents shalt 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.
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- Temporary events proposed on public property must be approved by other city departments,
prior to issuance of a Class '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 II 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 oof the property and/or
its occupants and subect to the applicable criteria in Section 1305;
CLASS I SPECIAL PERMITS
CLASS 1 SPECIAL PERMIT as per ARTICLE 9. GENERAL AND SUPPLEMENTARY
1tEGUi_AT(ONS, 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
Lritcria set forth herein;
CLASS SS 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 1 SP.ECIAL PERMIT, as per ARTICLE 9. GENERALLY AND
SUPPLEMENTARY REGIlI.ATIONS, 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 mobile homes,
trailers or manufactured Karnes, 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 safes 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.
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CLASS 1 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 Equipment
(a) permitting the operation of construction equipment exceeding the sound level of a reading
of 0.79 weighted average dBA at any time author day subjectto the City Manager Exception
pursuant to Section 36-6 (M) 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 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:
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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 Minority/Women Business Affairs and Procurement Program
as a guide.
6) Record the following in the Public Records of Dade County, Florida, prior to the
issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of
Covenants and Restrictions providing that the ownership, operation and maintenance of all
common areas and facilities will be by the property owner or a mandatory property owner
association in perpetuity.
7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the
MUSP permit resolution and development order, and further, an executed, record able unity of
title or covenant in lieu of unity of title agreement for the subject property; said agreement shall
be subject to the review and approval of the City Attorney's Office.
8) Provide the Planning Department with a temporary construction plan that includes the
following: a temporary construction parking plan, with an enforcement policy; a construction
noise management plan with an enforcement policy; and a maintenance plan for the temporary
construction site; said plan shall be subject to the review and approval by the Planning
Department prior to the issuance of any building permits and shall be enforced during
construction activity. All construction activity shall remain in full compliance with the provisions
of the submitted construction plan; failure to comply may lead to a suspension or revocation of
this 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 I
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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
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 parking
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 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 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
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binding on the Applicant, its successors, and assigns, jointly or severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date of its
issuance; the issuance date shall constitute the commencement of the thirty (30) day period to
appeal from the provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, as amended, is consistent with the orderly development and goals of the
City of Miami, and complies with local land development regulations and further, pursuant to
Section 1703 of the Zoning Ordinance:
(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:
JORGE L. FERNANDEZ
CITY ATTORNEY
..Footnote
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten
calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by the City Commission.
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