HomeMy WebLinkAboutI.C. Approved Major Use Special Permit 01-0133FEB-or-a2 33:42PA FR 5PENCE R LEf,U` +30537 46 O T-635 P.02/22 F 334
CDC
02/08/01
R . 19689 P6. 4007 O1R27S 53 2C0 F t2 Q5
RESOLUTION NO.
01 33
A RESOLUTION OF THE MIAMI CITY COMMISSloN,
WITH ATIS, APPROVIN3 WITH CONDITIONS, A
MAYOR USE SPECIAL PERMIT PURSUANT TO ARTICLES
13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR
THE BRICKELL VIEW PROJECT, TO SE LOCATED AT
APPROXIMATELY 1200 SOUTH MIAMI AVENUE AND 30
SOUTHWEST 12TN STREET, MIAMI, FLORIDA, TO BE
COMPRISED OF 600 RESIDENTIAL UNITS, WITH
ACCESSORY RECREATIONAL SPACE, 23,461 SQUARE
FEET OF RETAIL USE, 30,521 SQUARE FEET OF
OFFICE USE AND 843 PARKING SPACES; DIRECTING
TRANSMITTAL, OF THE HEREIN RESOLUTION; 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 November 6, 2000, the applicant, BAP
Development, t, Inc. (the "Appl .cantW ), submitted a complete
Application for Major Use Special �Permit for the Briokei,l View
Project (the „Project") pursu.anc co Articles 13 and 17 of Zoning
Ordinance No. 11000, for the property located at approximately
1200 South Miami Avenue, Miami, Florida, as legally described on
"Exhibit B", attached, and in "Exhibit A", the Development Order
attached.; and
(ATTACH E T )
a I.,1;.r,;:F
BBC or.
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WHEREAS, development of the PROJECT requires the issuance
Major Use Special Permit pursuant to Articl
Zoning
Ordinance No, 11000, the Zoning Ordinance of the City oE Miami,
Florida, as amended (the Zoning OrdinanoW); and
WHEREAS, the Large Scale Development Committee met on
October 25, 2000, to consider the proposed PROJECT and offer its
input; and
WHEREAS, the APPLICANT has modified the proposed PROJECT to
address the expressed technical concerns raised at said Large
Scale Development Committee meeting; and
WHEREAS, the Urban Development Review Board met on
November 15, 2000, to consider the proposed PROJECT and
recommended approval of the PROJECT; and
WHEREAS, the Miami Planning Advisory Board, at it8 meeting
on January 17, 2001, Item No, 5, following an advertised public
hearing, adopted Resolution No. 'AB 05-01 by a vote of six to
zero (6-0), RECOMMENDING APPROVAL of the Major Use Special
Permit Development Order as attached 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 Ti
CITY OF MIAMI, FLORIDA;
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Section 1, The recitals and findings contained in the
PreaMble to this Resolution ate adopted by reference and
or
incorporated as if fully set forth in this Se
Section 2, A Major Use Special Permit Development
Order, attached as "Exhibit A and incorporated, is approved
subject to the conditions speCified in said Development Order,
per Article 17 of the Zoning Ordinance, for the PROJECT to be
developed by the APPLICANT, at approximately 1200 SoUth Miami.
Avenue and 30 Southwest 12eh Street Miami, Florida, more
particularly described in "Exhibit W, attached and
incorporated.
Section 3 The PROJECT is approved for the construction
of 600 residential units, with accessory recreational space,
53,982 square feet of retail and other nonresidential uses and
843 parking spaces.
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, attached as Exhibit le
and inco.r.vorated.
Section 5. The findings of fact. set forth below are
made with respect to the subject PROJECTa. :
The PROJECT is in conformity with the adopted
Miami Comprehensive Neighborhood plan 1989-2000,
as amended.
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5,
b. The PROJECT is in accord with the SD-7 Zoning
classifications of the Zoning Ordinance.
c. Pursuant to Section 1305 of the Zoning Ordinance,
the specific site plan aspects of the PROJECT,
i.e., ingress and egress, parking, signs and
lighting, utilities, drainage, preservation of
natural features and control of potentially
adverse effects generally, have been considered
and will be further considered administratively
during the process of issuing a building permit
and a certificate of occupancy,
d. The PROJECT is expected to cost approximately $96
million, and to employ approximately 425 workers
during construction (FTE - Full Time Employees)7
the PROJECT will also result in the creation of
approximately 58 permanent new jobs. The PROJECT
will generate approximately $2.1 million annually
in tax revenues to local units of government (of
which approximately $789,120 will go to the City
of Miami) (2000 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
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reasonably accessible to their placesof
employment;
the PROJECT will efficiently use necessary
public facilities;
(6) the PROJECT will not negatively impact the
environment and natural resources of the
City;
the PROJECT will not adversely affect living
conditions in the neighborhood;
the PROJECT will not adversely affect public
safety;
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,
A
0
fire protection and life safety,
waste, heritage conservation,
shoreline
participation
development,
and employment,
and
solid
trees,
minority
minority
contractor/subcontractor participation win,
be mitigated through compliance with the
conditions of this Major Use Special Permit,
Section 6. The Major Use special PeLmit, 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 November 6, 2000, and is on file
with the Department of Planning and Zoning, shall be relied upon
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a
generally tot administrative interpretations and is made a part
hereof by reference.
Section 8. The City Manager is directed to instruct the
Director of the Deparrnc of Planning and Zoning Department to
transmit a copy of this Resolution and attachment t0 the
developers: Adrienne Pardo, Escl on behalf of BAP Development,
Inc. 1221 Brickell Avenue, Miami, Fl, 33131.
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, which is attached as
"Exhibit A" and incorporated.
Section 10. The Major Use Special Permit Development
Order ("Exhibit 212) for the PROJECT is granted and issued.
Section 11. In the event that any portion or section of
this Resolution or the Development Order ("Exhibit A#) is
determined to be invalid, illegal, or unconstitutional by a
court or agency of competent jurisdiction, such decision shall
in no manner affect the remaining portions of this Resolution or
Development Order ("Exhibit A") which shall remain in full force
and effect.
Section 12. The provisions approved for this Major Use
Special Permit, as approved, shall commence and become operative
thirty (30) days after the adoption of the herein Resolution,
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Section 13, This Major Use Special Permit, as approved,
shall expire two (2) years from its commencement and operative
daee.
Section 14, This Resolution shall become ette tive
immediately upon it adoption and signature of the Mayor.Y
PASSED AND ADOPTED this 8th day of February , 2001.
E CAROLLO, MAYOR
in acoonziance with Mani Code Sec. 2-38, since the Mayor did not indicate sppro4T.1r
t9dislation by sfoning ft in the designated place provided, saki tegis![
Lcomes attectve with the eispse of ten (10) clays %iGm It* date of Corrin",:Js!:
re‘—urdine ezme, wttout the Mayor,exercising a v
ATTEST!
WALTER J. FOEMAN
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESSe/
(// 0*. Ji•—•
J;1<ril Y ATTORNE
ANDRO VI ELLO
5033 laiS:BSS
If the Mayor does nac sign this Resolutionr it stall become effective
at tne end of ten calendar days from the date it was passed and
Adopted. If the Mayor vetoes this Resolution, it shall become
ffeecive immediately upon override of the veto by the City Commission.
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EXHIBIT A"
ATTAcHMENT TO
RESOLUTION NC.)
DATE:
BRICKELL VIEW PROJECT
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 13 and 17 of Ordinance
N. 11000, the Zoning ordinance of the City of Miumi, Florida,
as amended (the "Zoning Ordinance ), the Commission of the City
of Miami, Florida, has considered in a public hearing, the
issuance of a Major Use Special Permit for the Brickeli View
Project (hereinafter referred to as the "PROJECV) to be located
at approximately 1200 South Miami Avenue and 30 Soutwest
12th Street, Miami, Florida; see legal description in
'Exhibit B", attached and incorporated; said legal description
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,
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and subject co the follfollowingconditions approves the Major Use
Special Permit and issues Chi
FINDINGS OF FACT
PROJECT DESCRIPTION
The proposed PROJECT is a -,-
idential/mixed use development
to be located at approximately 1200 South Miami Avenue and
30 Southwest 12''' Street, Miami, Florida, The PROJECT ia located
on a gross lot area of approximately 2.71 acres and a net lot
area of approximately 2,06 acres of land (more specifically
described in "Exhibit BP, attached and incorporated), The
remainder of the Project Data is attached as "Exhibit Cm, and
incorporated.
The proposed PROJECT will consist of 600 residential units
with accessory recreational space, 23,461 square feet of retail
and 30,521 square feet of office uses, The PROJECT will also
provide a total of 843 parking spaces.
The ownership, operation and maintenance of common areas
and facilities will be by the property owner or (in the case of
the property being converted to condominiums) a mandatory
property owner association in perpetuity pursuant to a recorded
Declaration of Covenants and Restrictions.
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The Major Use Special Permit Applicati. n for the PROJECT
Q encompasses the following lower ranking Special Permits
CLASS I SPECIAL PERMIT, per Article 9, Section 906 m 6 ,
for active recreational faci1itis (including a
swimming pool ) ;
CLASS I SPECIAL PERMIT to permit staging and parking
during construction (to be approved prior to obtaining
a building permit from the Department of Planning and
Zoning);
CLASS I SPECIAL, PERMIT for Development Sins when
combined with construction signs;
CLASS I SPECIAL PERMIT for Federal
(FAA) clearance letter;
Aviation Authority
CLASS I SPECIAL PERMIT, Article 9, Section. 917.2.1
for Valet Parking for residential and other uses;
CLASS II SPECIAL PERMIT,
Section 607.3.1, for development
within the Special District;
per Article 6,
of new construction
CLASS II SPECIAL., PERMIT, per Article 6,
Section 607.3.1, for a temporary construction fence
and covered walkway;
CLASS I SPECIAL PERMIT, per Article 6,
Section 607.3.1, for a temporary construction trailer
and temporary sales office trailer;
CLASS II SPECIAL PERMIT, per Article 15
signage guides and•standards;
CLASS II SPECIAL PERMIT. per Article 9, Section 923,
for reduction in open space requirements;
Per City Code, Chapter 23, Certificate of
Appropriateness for ground disturbing activity in an
archeological conservation area; and
Per City Code, Chapter 17, Certificate of Approval for
development on property adjacent to a scenic
transportation corridor.
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Waiver from the City Commission for the
wing;
1, Noise Ordinance during the required concrete pours
for construction of the building,
Pursuant to Artic1es 13 and 17 of the Zolainu- Ordinance
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 of Miami (che "City) which may be required to carry
out the requested plans.
The
PROJECT
shall be
constructed
accordance with plans and design schematics
Eerrnello, Ajarnil & Partners, dated November,
substantially in
on file prepared by
2000; the landscape
plan shall be implemented substantially in accordance with plans
and design schematics on file prepared by Elizabeth Newland,
dated November, 2000; said design and landscape plans may be
pezmitted to be modified only to the extent necessary to comply
with the conditions for approval imposed herein; all
modifications shall be subject to the review and approval of the
Director
issuance
The
of the Department of Planning and Zoning prior to the
of any building permits.
PROJECT conforms co the requirements of the SD®7 Zoning
District, as contained in the Zoning Ordinance,
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The Miami Comprehensive
G 4
Neighborhood Plan (MCNP} Future
Land Use designation allows the proposed mix of conirnercial and
residentia1 uses.
CONDITIONS
THE APpLIcM11, 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.
2. Pay all applicable fees due prior to the issuance of a
building permit; and, pay Development of Regional Impact
(DRI, fees required to reserve development credits within
60 days of the effective date of the Resolution approving
this Major Use Special Permit,
3, Allow the Miami Police Department to conduct a security
survey, at the option of the Department, and to make
recommendations concerning security measures and systems;
further submit a report to the Department of Planning and
Zoning, prior to commencement of construction,
demonstrating how the Police Department recommendations, if
any, have been incorporated into the PROJECT security and
construction plans, or demonstrate to the Director of
Planning and Zoning why such recommendations are
impraccica),
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4 Obtain approval from, or provide a letter from
Department of Fire -Rescue ixdicatin
Development, Inc,'s (APPLICANT) 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, exi-ing, vehicular
access and water supply.
S, Get approval from, or provide a letter cyff 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.
6, Prepare a Minority Participation and Employment Plan
(including a contractor/Subcontractor Participation Plan)
to be submitted to the City's Director of Equal Employment
Opportunity for review and comments, 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.
7. Record the following in the Public Records of Miami -Dade
County, Florida, prior to the obtainment of a shell permit;
a Declaration of Covenants and Restrictions providing
that the ownership, operation and maintenance of all common
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BAP
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areas and facilities will be by the property owner or
mandatory property owner associationi perpetuity;
certified copy of the Development Oder specifying that the
Development Order runs with the land and is banding can the
APPLICANT, its successors, and
severally.
. Prio° to the obtainment of a shell permit, demonstrate to
the City that the PROJECT has either: 1) completed its
condominium requirements and hay; been approved for such by
the State of Florida; or 2) provide the City with an
executed, recordable unity of title or covenant in -lieu of
unity of title agreement for the subject property; said
agreement shall be subject to the review and approval of
the City Attorney°s Office.
9. Provide the Department of Public Forks with plans for
proposed sidewalk and swale area improvements for their
review and approval prior to the issuance of a building
permit.
10. Provide the Department of Planning and Zoning with a
temporary parking plan which addresses construction
employee parking during the construction period; said pi.an
shall be subject to the review and approval by the
Department of Planning and Zoning prior to the issuance of
any building permits.
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11 Make available to the City, at no charge, pursuant to the
requirements of the Departments of Fire -Rescue and General
Service Administration, the roof area of the proposed
structures for any necessary communications equipment
12. The applicant shall retain the services of an archeological
consultant who will be responsible for conducting
archeological monitoring of all ground disturbing activity
as well as the subsequent recovery of artifacts. said
consultant shall work at the direction of the Miami -Dade
County Archeologist and shall provide reports to both that
office and to the City
13. The applicant shall make every effort to address comments
raised at the Urban Development Review 8oar d over the close
proximity between the two towers; the project should be
modified to increase the separation even if the towers must
be made higher to accommodate the separation.
THE CITY SHALL;
Establish the effective date of this Permit as being
thirty (30)* days from the date of its issuance with the
issuance daze constituting the commencement of the thirty
(30) day period co appeal from the provisions of the
Permit.
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COLtJSION8 OF LAW
The PROJECT, proposed by the APPLICANT, complies with the
Miami Comprehensive Neighborhood Plan 1989-2000, is consistent
with the orderly development and goals of the City, and complies
with local land development regulations and further, pursuant co
Section 1703 of the Zoning Ordinance:
(I) the PROJECT will have a favorable impact on the
econothy 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
(0) any potentially adverse effects of che PROJECT will be
mitigated through conditions of this Major Use Special
Permit.
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The proposed development does not unreasonably interfere
with the achievement ot the objectives of the adopted State Land
Development Plan applicable to the City.
Pursuant
Section 1305 of the Zoning Ordinance, the
specific site plan aspects of the PROJECT Le,, irress and
egress, offstreet parking and loading, refuse and service areas,
signs and lighting, utilities, drainage and control of
potentially adverse effects generally have been considered and
will be further considered administratively during the process
of issuing individual building permits and certificates of
occupancy
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REG 1
Exhibit 2
1200 S, Miami' Avenue and 30 S.W.12th Street
LOTS 21 THROUGH 23 INCLUSIVE,
THEREOF, TOGETHER MTHHLOTS 1
a MAP OF uMw, DADS CO FA:
RECORD IN PLAT BOOK '13" AT
DADE COMITY FLORIDA
x
BLOCK 69 SS LESS THE SOUTH 10 Fa i
THROUGH 9 INCLUSIVE,ma 89
ACCORDWG TO THE PLAT THEREOF AS
PAGE 41 0,F THE PUBLIC RECORDS OF
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Legal Description:
OFF 9G,
ERLCKELL VIEW
MAJOR USE SPECIAL PER IT
Project Data Sheet
xhibit •"C"
LOTS 21 THROUGH 21 INCLUSIVE, BLACK 89 S. LESS
THE SOUTH 10 FEE'r THEREOF, T0CETHER WITH LOTS
1 THROUGH 9 INCLUSIVE, SLACK 89 5, "MAP OF
MIAMI, DADE CO, FLA,* ACCORDING TO THE PLA
THEREOF AS RECORDED IN PLAT BOOK pR� AT PAGE
41 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA
2. Address: 1200 South Miami Avenue and 30 SW 12 Street
3. Zoning Classification: City of Miami SD-7 (Special District)
4. Lot Area.
Gross Area
Net Area
5, Density:
6. Allowable Area:
Floor Area Ratio (FAR):
7. Loading Berths:
B. Height
2.71 acres or 118,038 sq. ft.
2.06 acres or 89,800 sq. ft.
Units/Acre Allowed: 500 unitslaare
Units/Acre Provided: 290 unitslacre
fix. Allowed - 8a0 Provided - 6,21
Residential - 6,0 5,71
Non -Residential - 2,25 .30
Required: provi ed:
1 berth @ 12 x 55 2 loading berths 12 ft, x 55 ft,
4 berths @ 12 x 35 3 loading berths 12 ft. x 35 ft.
1 loading berth 10 ft, x 20 ft.
Allowed, Pcoviden:
Unlimited Height 432'-S'
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Building Footprint;
Project Data Sheet (Cont=)
N/A 1 A22 sf
10, Number of Parking Spaces: Required:
Provided:
676 789
Handicapped spaces Rewired: Provid :
14 16
11. Open Space; Required Provided
68,458 555,302
12. Setbacks;
SW 13 Street (Corm Way)
E;egfuired: Provided,:
10ft. 10ft.
SW 12 Street
Required: Provided:
10 ft. 10 ft,
South Miami Avenue Required: Provided:
15ft, 15ft.
FU-07-02 1.a:47F14 FO-sPEMcER 1 KtF1N T- P12/12 F-334
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STATE OF FLORIDA )
COUNTY OF DADE )
CITY OF MIAMI
9I89 P0. 4O7
I, WALTER J. FOEMAN, City Clerk of the City of Miami, Florida, and
keeper of the records thereof, do hereby certify that the attached and foregoing pages
numbered I tltrough 20, inciusive, cAnistitute a true and correct copy of a Resolution with
attachments passed and adopted by the City Commission at the meeting held on the 8th
da.y, of February, 2001.
SAID RESOLUTION WAS DESIGNATED RESOLUTION NO, 01-133.
IN WITNESS VVREREOF, I hereunto set my hands and impress the
Official Seal of the City of Miami, Florida, this 8th day of May, 2001.
WALTER J. FOEMAN
City Clerk
Flori
•
1.11'11
• "'"?'..°' 4.
(ONIc1A EAI,
0
fi
puty.Cler
PECCRZED CAcrn A.74.0 CFAS
Cr CAW CaRirr,
RecoRpremoiw
HARVEY RIJVIN
CLERK Cot?Cor cOug(r