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HomeMy WebLinkAboutItem #8-Hmpton Inn- PAB_09.17.08LEGISTAR FILE ID: 08-00902mm APPLICANT REQUEST/LOCATION COMMISSION DISTRICT LEGAL DESCRIPTION PETITION PLANNING FACT SHEET September 17, 2008 Item # P.8 Pedro G. Hernandez, City Manager on behalf of the City of Miami Consideration of a Substantial Modification to the previously approved Brickell View Major Use Special Permit for the Hampton Inn & Suites project, located at approximately 30 SW 12th Street. [Downtown NET District] [Commissioner Sarnoff - District 2] See supporting documentation A resolution of the Miami Planning Advisory Board recommending approval or denial of a resolution of the Miami City Commission, with attachments, approving with conditions, a Substantial Modification to the previously approved Brickell View Major Use Special Permit pursuant to Articles 13, 17, and 22 of Zoning Ordinance No. 11000, as amended, for the Hampton Inn & Suites project, to be located at approximately 30 SW 12th St., Miami, Florida, the proposed amendment will modify phase II of the approved MUSP resolution No. 01-133 from a mixed use residential building structure, to a hotel building structure with approximately 221 lodging units, approximately 8,870 square feet of restaurant space and approximately 1,775 square feet of retail space. The hotel building structure will have an approximate height of 155 feet 6 inches N.G.V.D at top of main roof slab, and will provide approximately 212 off-street parking spaces; providing for certain floor area ratio ("FAR") PLANNING RECOMMENDATION Approval with conditions BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION The proposed amendment is for the purpose allows to retail establishments located in mixed use cultural district overlay providing for an increase in individual retail establishments for limited uses, only by special permit. VOTE: CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 Date Printed: 9/9/2008 Page 1 ANALYSIS SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT for HAMPTON INN & SUITES located at approximately 30 Southwest 12Tth Street LEGISTAR FILE ID: 08-00902mm Pursuant to Zoning Ordinance 11000, as amended, Supplement 19 the Zoning Ordinance of the City of Miami, Florida, the subject proposal for BRICKELL VIEW has been reviewed to allow a Substantial Modification to the previously approved BRICKELL VIEW Major Use Special Permit, Resolution 01-133, pursuant to Articles 13, 17 and 22 of Zoning Ordinance No. 11000, as amended, located at approximately at 30 SW 12th Street, Miami, Florida. The proposed substan- tial amendment will modify Phase II of the approved MUSP Resolution No. 01-133 from a mixed use residential building structure, to a hotel building structure with approximately 221 lodging units, approximately 8,870 square feet of restaurant space and approximately 1,775 square feet of retail space. The hotel building structure will have an approximate height of 155 feet 6 inches N.G.V.D at top of main roof slab, and will provide approximately 212 off-street parking spaces. This Permit also includes the following requests: MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, to allow substantial changes to the approved Major Use Special Permit Resolution 01-133, as amended; The Major Use Special Permit encompasses the following Special Permits and the additional re- quests: CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 607.3, Class II Special Permit, to allow construction of a new building in SD-7 district; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 922.4 ©, to allow maneuvering of trucks on public Right -of Way, with referral to Public Works Director; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 923.2.1, to allow reduction of loading berths dimensions as follows; Required Three (3) 12 feet wide x 35 feet long x 15 feet high Proposed One (1) 12 feet wide x 35 feet long x 15 feet high Two (2) 10 feet wide x 20 foot long x 15 feet high CLASS II SPECIAL PERMIT, as per Article 15, Sect.1512, to allow a waiver of the parking Guides and Standards of the one (1) foot additional width dimension when a parking stall abuts a wall or column obstruction. CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary structures, occupan- cies, and uses during construction, criteria for special permits, to allow temporary structures, oc- City ofMiami Page 1 of 6 Printed On: 9/9/2008 cupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be approved by other city departments; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, 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; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub -Section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as ground breaking ce- remonies; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2. Temporary off- street offsite parking for construction crews, criteria, to allow temporary off-street offsite parking for construction crews working on a commercial -residential project under construction; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, 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 con- struction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6, Sub -Section 10.6.3.7, SD-7 Cen- tral Brickell Rapid Transit Commercial -Residential District, Temporary Signs (3) , to allow tempo- rary development signs; REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permit- ting the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted average dBA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria; REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be re- quired at the time of issuance of Shell Permit instead of at issuance of Foundation Permit: The requirement to record in the Public Records a Declaration of Covenants and/or Restric- tions providing that the ownership, operation and maintenance of all common areas and facili- ties will be by the property owner and/or a mandatory property owner association; And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title. Pursuant to Articles 13, 17 and 22 of Zoning Ordinance 11000, approval of the requested Substantial Modification to a Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. In determining the appropriateness of the proposed project, the Planning Department has incorporated additional comments as a result of additional technical reviews in reference to this project in addition to the ones previously submitted comments from the Large Scale Development Committee (LSDC) and the Planning Internal Design Review Committee for additional input and recommendations; the following findings have been made: • It is found that the proposed development project will benefit the area by creating additional, commercial and hotel opportunities in the eastern portion of the previously approved Brickell City of Mia777 i Page 2 of 6 Printed On: 9/9/2008 View MUSP, in Downtown NET District, more specifically located on the 12th Street to the North; between South Miami Avenue and SW 1st Avenue. • It is found that the zoning designation of the property is SD-7 (Central Brickell Rapid Transit Commercial Residential District). • It is found that pursuant to the Comprehensive Neighborhood Plan of the City of Miami, Florida, the existing Future Land Use category for the property is "Restricted Commercial". • It is found that on August 27, 2008 the Zoning Administrator reviewed the requested modifications and determined that based on criteria defined in Section 2215 of the Zoning Ordinance 11000, that the changes are substantial. • It is found that the residential density of the project with the substantial modification (323 units and 221 hotel rooms at 210 units per acre) is below the proposed in the original MUSP (600 units at 292 units per acre) as well as the maximum allowed 1,031 units (500 units per acre) on the 2.06± net acre site. • It is found that this substantial modification reduces the retail space from 23,461 square feet originally proposed in the MUSP to 20,672 square feet. • It is found that this substantial modification provides 8,870 square feet of restaurant floor area inexistent in the original MUSP. • It is found that the Environmental Impact Analysis Statement submitted for the project states that "the proposed development site is appropriate and has a favorable impact on economy, public services, environment within the immediate neighborhood" • It is found that the project is expected to cost approximately $ 47,000,000 and to employ approximately 292 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 135 permanent new jobs (FTE) and will generate approximately $ 393,875 annually in tax revenues to the City (2008 dollars). • It is found that the Large Scale Development Committee reviewed the project on June 25, 2008 to address the expressed technical concerns raised at said Large Scale Development Committee meeting. • It is found that on July 9, 2008, the City's Traffic Consultant, URS Corp., provided a review (W.O. #193) of the Traffic Impact Analysis submitted by the applicant and has found the traffic analysis sufficient with the following conditions: 1) Incorporating a car pooling, ridesharing into the site; 2) Providing bicycle racks; 3) Provide information to patrons and guests on the transit system; and 4) Amenities to encourage all modes of transportation and minimizing traffic congestion levels. • It is found that on June 23, 2008, the Miami -Dade Aviation Department provided an Airspace Analysis letter for the proposed project at 184 feet ASML, stating that the project does not meet their review criteria for its location and will not require a Height Analysis or Letter of Determination from this Department. • It is found that on June 26, 2008, the City of Miami Public Works Department provided a review of the project with the following street improvement: S.W. 12 Street: Replace all damaged and broken sidewalk, curb and gutter adjacent to the project site. Grade and shape City ofMiami Page 3 of 6 Printed On: 9/9/2008 parkway adjacent to the project site and plant solid sod and street trees. Mill, level and resurface S.W. 12 Street, full with, from the west property line of the Hampton site to approximately 100 feet west of the intersection of and South Miami Avenue. • It is found that the proposed project was reviewed by the Internal Design Review Committee on July 16, 2008 and the following pertinent comments were made: Architecture a) Integrate the parking garage into the building's architecture on all facades, b) Parking Garages must be screened from the sight of adjacent properties, c) Provide details of the materials proposed to cover the garage openings, and indicate how all vehicles and mechanical systems within the garage will be concealed from view, d) The East and West facades shall include windows; Landscape: a) A continuous canopy of shade trees along all street frontages must be provided. Additional palms and other vegetation may help to highlight entry features and other architectural features, b) Enhance the landscape buffers along the western site perimeter by providing tiered layers of plantings including shade trees, understory trees, palms, shrubs, and ground cover to create a lush buffer, and c) Provide details of the landscape planters located on the parking garage. Landscape planters must be provided every two floors to ensure that the "green screen" properly screens the negative effects of the garage. • It is found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board on July 16, 2008, which recommended denial. Based on these findings, the Planning Department is recommending approval of the requested Development Project with the following conditions: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner 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 City ofMiami Page 4 of 6 Printed On: 9/9/2008 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 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, prior to the issuance of the building permit: a) Integrate the parking garage into the building's architecture on all facades, b) Parking Garages must be screened from the sight of adjacent properties, c) Provide details of the materials proposed to cover the garage openings, and indicate how all vehicles and mechanical systems within the garage will be concealed from view, d) The East and West facades shall include windows; e) A continuous canopy of shade trees along all street frontages must be provided. Additional palms and other vegetation may help to highlight entry features and other architectural features; f) Enhance the landscape buffers along the western site perimeter by providing tiered layers of plantings including shade trees, understory trees, palms, shrubs, and ground cover to create a lush buffer; and g) Provide details of the landscape planters located on the parking garage. Landscape planters must be provided every two floors to ensure that the "green screen" properly screens the negative effects of the garage, h) Compliance, prior of TCO issuance, with conditions of sufficiency letter prepared by the City's Traffic Consultant on W.O #193 of July 9, 2008. 12) Pursuant to comments the City of Miami Public Works provided a review of the project with the following street improvement: S.W. 12 Street: Replace all damaged and broken sidewalk, curb and gutter adjacent to the project site. Grade and shape parkway adjacent to the project site and plant solid sod and street trees. Mill, level and resurface S.W. 12 Street, full with, from the west property line of the Hampton site to approximately 100 feet west of the intersection of and South Miami Avenue. City of Mia777 i Page 5 of 6 Printed On: 9/9/2008 13) 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 Mia777 i Page 6 of 6 Printed On: 9/9/2008 1 U H N 7 SW 10TH ST y HIGH DENSITY MULTIFAMILY lit ESIDENTIAL 0 Syy ryRo CONSERVATION 111 150 300 c, co FUTURE LAND USE MAP H co co SW 10TH ST SE 10TH ST SW 11 TH ST RESTRICTED COMMERCIAL SW 12TH ST MAJOR INST, PUBLIC FACILITIES, TRANSP / SW 13TH ST J Q wg 2 SE 11TH"ST OFFICE /0) SE/31 W J > Q SW 14TH ST , Q� m / 0 3E n4 rH ST; SW 14TH TFP 600 Feet ADDRESS: 30 SW 12 STREET V 11"SW-11TH ST V 12'SWc12TH ST 0 150 300 ZONING ATLAS MAP 600 Feet ADDRESS: 30 SW 12 STREET 0 150 300 600 Feet ADDRESS: 30 SW 12 STREET Projects in the Vicinity Hampton Inn & Suites 08-00902mm No. Name 1 Pointe at Brickell Village, The 2 VUE at Brickell (Brickell View) 3 South Miami Avenue Condominium (Infinity 2) 4 Axis Condominium (Brickell Station Towers) 5 Tuscan Place (Phase I) / Tuscan View (Phase 11) Floors Units 42 330 # 36 327 # 65 589 # 37 718 # 52 459 # #-Indicates Mixed -Use Project with Retail and/or Office uses Status C APPROVED PROJECTS A COMPLETED PROJECTS C APPROVED PROJECTS B UNDER CONSTRUCTION B UNDER CONSTRUCTION C I T Y 0 F M I A M I PLANNING DEPARTMENT DESIGN REVIEW COMMENTS MAJOR USE SPECIAL PERMIT IDR 08-021 HAMPTON INN AND SUITES — BRICKELL 30 SW 12TH STREET NET DISTRICT: DOWNTOWN 07.16.08 COMMENTS: The following comments represent the unified vision of the Pre -Application Design Review Committee. The City of Miami strives to achieve diverse, pedestrian -friendly neighborhoods, promote transit connections, and provide safe and comfortable buildings, streets, and parks that contribute to a prosperous city for all residents to enjoy. Architecture • Integrate the parking garage into the building's architecture on all facades. Special attention shall be made to materials and screening facing all public right of ways. Parking Garages must be screened from the sight of adjacent properties. The North facade must be integrated into the building tower including the use of glass and other high quality materials facing the public right of way. • Provide active facades wherever possible and any blank wall spaces shall receive additional architectural treatment. The East and West facades shall include windows. • It is critical that parked cars and mechanical systems within the garage be hidden from view. Where parking garage facades will be adjacent to streets and abutting properties provide details of the materials proposed to cover the garage openings, and indicate how all vehicles and mechanical systems within the garage will be concealed from view. Landscape • A continuous canopy of shade trees along all street frontages must be provided. Additional palms and other vegetation may help to highlight entry features and other architectural features. • Enhance the landscape buffers along the western site perimeter by providing tiered layers of plantings including shade trees, understory trees, palms, shrubs, and ground cover to create a lush buffer. • Provide details of the landscape planters located on the parking garage. Landscape planters must be provided every two floors to ensure that the "green screen" properly screens the negative effects of the garage. The Planning Department reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this additional information. *** Please note that the Planning Department reviews Special Permit proposals based on architectural design, site planning and urban design issues. The project still needs to be reviewed and comply with other department's requirements. It is our intention with these comments to aid in expediting Special Permit applications with your voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Committee or the Urban Development Review Board. 1 July 9, 2008 HOB .1UL 10 Ms. Lilia I. Medina, AICP Assistant Transportation Coordinator City of Miami, Office of the City Manager/Transportation 444 SW 2nd Avenue (10th Floor) Miami, Florida 33130 Re: Brickell Hampton Inn A Suites Sufficiency Letter — Reviei # 193 Dear Ms. Medina: .CJMEN PVia Eax and US Mail Subsequent to our June 27, c'�.008 review comments for the subject project, we have received response letters from Richard Garcia and Associates Inc. (RGA) dated July 2, 2008 and July 7, 2008. A copy of RGA's response letters are attached herewith. The revisions include restricting the west most driveway to one-way out and right -turn exit only. At this time, we conclude that the traffic impact report meets all the traffic requirements and the study is found to be sufficient. Please note the traffic study identifies following Transportation Control Measures (TCM) in recognition of utilizing the alternate modes of transportation and higher vehicle occupancy: 1. Incorporating a car pooling, ridesharing into the site; 2. Providing bicycle racks; 3. Provide information to patrons and guests on the transit system; and 4. Amenities to encourage all modes of transportation and minimizing traffic congestion levels. The development approval should be conditioned upon this TCM plan being implemented to recognize the credits given towards the transportation concurrency management. Should you have any questions, please call Ms. Geysa Sosa or me at 954.739.1881. Sincerely, URhern Raj S anmu Senio Traffic Attachment URS Corporation 3343 West Commercial Boulevard Suite 100 Fort Lauderdale, FL 33309 Tel: 954.739.1881 Fax: 954.739.1789 Cc: Mr. Antonio E. Perez , Planner!!, City of Miami Planning (Fax: 305.416.1443) Mr. Richard Garcia, Richard Garcia & Associates (Fax: 305-675-6474) CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: June 16, 2008 FILE: 4view sueJEcr: aBrckell Large lt pmt - Hampton aCe A rn FROM: Stephanie N. Grindell, Director REFERENCES: -C rn TO: Ana Gelabert-Sanchez, Director Planning Department qo Public Works Department ENCLOSURES: -4 The Public Works Department has reviewed the Large Scale Development plans for the development entitled Hampton at Brickell located at 30 S.W. 12 Street and has the following comnients. 1. The turning maneuvers required for the 12 foot by 35 foot truck loading space are complex, especially for the exit maneuver. Seven separate maneuvers are required to exit the stall and an additional three maneuvers are required to exit the property. This configuration is inconvenient for the driver and may encourage illegal on -street loading operations. A Special Class II permit is required for maneuvering in the street right of way. 2. The spacing of the proposed street trees must be adjusted to avoid the driveway visibility triangles. 3. The existing back of sidewalk grade slopes from +8.13 on the west side of the property to +6.27 oh the east side of the property. All transitions from the established street pirofile grade to the building flood elevation must be accomplished on privateR property. Stairs, ramps, retaining walls, etc. will not be permitted in the public right of way and the existing sidewalk grade can not be changed to accommodate the proposed building ground floor elevation. 4. The maximum slope for a driveway ramp sloping downward toward the street is 1:10 for the last 20 feet to the property line. All stormwater must be retained on site including the driveways and plazas on private property adjacent to the public sireets. All plazas and driveways must be graded or trenched drains provided to prevent "sheet flow" from entering the right of way. If deep drainage wells are selected for stormwater disposal, they must be located on -site in an open area to accommodate future maintenance access. 5. An agreement between the City of Miami and the property owner is required for any landscaping, irrigation, lighting and decorative sidewalk treatment located in the public right of way. Public Works approval and permit is required for any landscaping improvements in the right of way. 6. S.W. 12 Street is currently designated as a one-way eastbound roadway. If the developer desires to convert S.W. 12 Street to two-way traffic flow, the provision and installation of all roadway traffic signs and markings required by Miami -Dade County Public Works shall be the responsibility of the developer. 7. Public Works policy requires that no closures of vehicular travel lanes will be perrinitted during the course of construction unless a temporary replacement lane, approved by the Public Works Department, is constructed and maintained by the Contractor throughout the duration of the lane closure. A maintenance of traffic plan is required for any temporary right of Way closure requlest. 8. In order to mitigate traffic congestion and problerins associated with unregulated parking throughout the neighborhood, the Contractor/Developer shall be required tb provide approved, designated off -site parking for workers and a shuttle service to the worksite. The parking/shuttle plan shall be coordinated with the local City of Miami NET Service Center. 9. All dreenspace and landscaping required by the Zoning Ordinance must be accdmmodated on private property. Greenspace and landscaping within the public right of way cannot be included in the calculations for meeting greenspace zoning requirements. 10. City of Miami driveway entrances, in compliance with A.D.A standards, shall be required. Continuous sidewalk is required across driveway entrances. 11. Since this project is more than one acre in total construction area, the methods of construction must comply with the City of Miami Municipal Separate Storm Sewer Permit (MS4). This project will require a Florida Department of Environmental Protection (DEP) Stormwater, Erosion and Seditnent permit. For information on a DEP permit application, please contact the Public Works Department at (305) 416-1200 or www.dep.state.fl.us/water/stormwater/npdes. In addition to these comments, the Public Works Department will require the following street improvements: S.W. 12 Street: Replace all damaged sidewalk, curb and gutter adjacent to the project site. Grade and shape parkway adjacent to the project site and plant solid sod and street trees. Mill, level and resurface S.W. 12 Street, full width, from the west property line of the Hampton site to approximately 100 feet west of the intersection of South Miami Avenue. In addition, Pavement restoration for all water and sewer extensions, existing damaged pavement and pavement damaged during construction, as determined by the City inspector, shall include milling and resurfacing of the full pavement width, curb to curb, along the entire length of the excavation and/or damaged pavement area. A thorough cleaning of all stormwater drainage inlets and storm sewer pipes adjacent to the building site shall be required at the completion of the project. The streets and avenues adjacent to the project site must be clear of dust and construction debris at all times. If you have any questions concerning these comments, please call Mr. Leonard Helmers, Professional Engineer IV, at extension 1221. SNG/LJH/ms 0/13fo8 c: Brickell Hotel Group LLP 2650 S.W. 27 Avenue, Suite 300 Miami, Fl. 33131 Stephanie N. Grindell, P.E., Director of Public Works Roberto Lavernia, Chief of Land Development, Planning department bc: Development and Roadway Plans Central CITY OF MIAMI PLANNING DEPARTMENT URBAN DEVELOPMENT REVIEW BOARD (UDRB) 07/16/2008 Resolution for Recommendation to the Director of Planning Item No.. 2: Hampton Inn- Brickell A motion was made by Robert Behar and seconded by Julio Diaz for a resolution recommending to the director of the Department of Planning denial for a Substantial Modification to a Major Use Special Permit for the project Hampton Inn- Brickell located at 30 SW 12th Street with a vote of 3 to 0. Vote List: Yes No Recused Absent Todd B. Tragash, Chairman ■ • • E Julio Diaz, Vice Chairman 0 0 • 0 Robert Behar Willy Bermello ■ III • Robin Bosco ■ • • E Rudolph Moreno ii ❑ • • Ernesto Santos • ❑ • E Carlos Jurado ❑ ■ ■ 0 Suggestions: • Revise the east facade to include windows simular to the west facade. • Examine the north facade to better integrate the parking structure into the building design while hiding all cars from the public. • Revise the parking facades to conceal all cars and garage lighting from the view of the streets and adjacent properties. Att Gelabert-Sanchez, Director Alexander Adams, UDRB Officer MIAMI INTERNATIONAL AIRPORT Commercial Airport: Miami International Airport General Aviation Airports: Dade -Collier Training &Transition Homestead General Kendall-Tamiami Executive Opa-locka Opa-locka West Mr. Roberto Lavernia Chief of Land Development City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Miami -Dade Aviation Department P.O. Box 025504 i- is ',' Miami, Florida 33102-5504 .:C_ 'f, E'T 1r-1y105-876-7000F305-876-0948 www.miami-airport.com 2008 JUN 30 PM 2: 14 I miamidade.gov June 23, 2008 RE: Airspace Analysis for Hampton Inn and Suites, located at 30 SW 12 Street, Miami, FL DN#08-06-039 Dear Mr. Lavernia: Airspace Review: The Miami -Dade Aviation Department (MDAD) has reviewed the above referenced Large Scale Development received on June 9, 2008 for an airspace analysis and determination letter. Please note that based on our cursory review of the project information provided to us, an assumed project height of 184 ft. AMSL (Above Mean Sea Level), does not meet our review criteria for its location and will not require a Height Analysis or Letter of Determination from this Department. Please note that any future changes in building locations/layouts or heights reaching or exceeding an elevation of 200 ft. AMSL will void this determination. Any future construction or alteration, including an increase to heights requires separate notice to the FAA and the Miami -Dade Aviation Department. This height determination is an estimate issued on a preliminary or advisory basis. It is not necessary to file with the FAA for the structure height as stated above by using form 7460-1 `Notice of Proposed Construction Alteration for Determination of Known Hazards'. However, any construction cranes for this project reaching or exceeding 200 ft AMSL (Above Mean Sea Level) must be filed by the construction contractor using the same form. The form is available through this office or through the FAA website: https://oeaaa.faa.gov. This form should be mailed to: Federal Aviation Administration, Air Traffic Airspace Branch - ASW-520, 2601 Meacham Blvd, Ft. Worth, TX 76137-0520. Alternatively, the developer may "e-file" online at https://oeaaa.faa.gov Mr. Roberto Lavernia June 23, 2008 Page 2 Please note that the airspace review process is governed by two different regulations: the Miami -Dade County Height Zoning Ordinances and Federal Regulation Title 14 Part 77. The FAA has its own airspace evaluation requirements, and issues airspace determinations for structures and cranes based on the particular facts then presented before the FAA. The County's Aviation Department or the applicable municipal building official determines whether the County's height limitations are met, and FAA determines whether FAA building, marking and height requirements are met. This determination is based, in part, on the description provided to us by you, which includes specific building locations and heights. Any changes in building locations/layouts or heights will void this determination. Any future construction or alteration, including an increase to heights requires separate notice to the FAA and the Miami -Dade Aviation Department. Should you have any questions in obtaining and/or filling out FAA form 7460-1 or if I can be of any further assistance, please feel free to contact me at 305-876-8080. Jo , e . ?. os, R.A. Chef of Aviation Planning Section JRlah/er cc: S. Harman A. Herrera Marc C. LaFerrier, Department of Planning and Zoning D. Holness, Department of Planning and Zoning File Airspace City of Miami Legislation PAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00902mm Final Action Date: A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO THE PREVIOUSLY APPROVED BRICKELL VIEW MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE HAMPTON INN & SUITES PROJECT, TO BE LOCATED AT APPROXIMATELY 30 SOUTHWEST 12TH STREET, MIAMI, FLORIDA, THE PROPOSED SUBSTANTIAL AMENDMENT WILL MODIFY PHASE II OF THE APPROVED MUSP RESOLUTION NO. 01-133 FROM A MIXED USE RESIDENTIAL BUILDING STRUCTURE, TO A HOTEL BUILDING STRUCTURE WITH APPROXIMATELY 221 LODGING UNITS, APPROXIMATELY 8,870 SQUARE FEET OF RESTAURANT SPACE AND APPROXIMATELY 1,775 SQUARE FEET OF RETAIL SPACE. THE HOTEL BUILDING STRUCTURE WILL HAVE AN APPROXIMATE HEIGHT OF 155 FEET 6 INCHES N.G.V.D AT TOP OF MAIN ROOF SLAB, AND WILL PROVIDE APPROXIMATELY 212 OFF-STREET PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; 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 August 6, 2007 Adrienne Friesner Pardo, as attorney on behalf of Bernard Wolfson, Trustee owner and Brickell Hotel Group as applicant (referred to as "APPLICANT"), submitted a complete Application for a Substantial Amendment to Major Use Special Permit for the Brickell View project to construct the Hampton Inn & Suites (referred to as "PROJECT") pursuant to Articles 13, 17 and 22 of Zoning Ordinance No. 11000, for the properties located at approximately 30 SW 12th Street, Miami, Florida, more particularly described in Exhibit "A" attached hereto and made a part thereof; 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 June 25, 2008 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on July 16, 2008, to consider the proposed project and recommended denial; and WHEREAS, the Miami Planning Advisory Board, at its meeting on September 17, 2008, following an advertised public hearing, adopted Resolution No. PAB-*-* by a vote of - to - (-), item City of Miami Page 1 of 12 Printed On: 9/9/2008 File Number: 08-00902mm No.P.8, recommending - of the Substantial Modification to a previously approved Major Use Special Permit Development Order as set forth; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A Major Use Special Permit Development Order, 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 -, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of a mixed use development with a maximum approximate height of 155 feet 6 inches to be comprised of approximately 221 total lodging units with recreational amenities; approximately 1,775 square feet of retail space; approximately 8,870 square feet of restaurant space, and approximately 212 total parking spaces; providing for certain floor area ratio ("FAR"). 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 SD-7 (Central Brickell Rapid Transit Commercial -Residential District) 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: Design Review Criteria Applicability Compliance (1) Respond to the physical contextual Yes Yes City of Miami Page 2 of 12 Printed On: 9/9/2008 File Number: 08-00902mm environment taking into consideration urban form and natural features; (2) Sitting should minimize the impact Yes Yes of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner lots should Yes Yes be oriented to the corner and public street fronts. II) Architecture and Landscape Architecture: Design Review Criteria Applicability Compliance (1) A project shall be designed to Yes Yes* comply with all applicable landscape ordinances; (2) Respond to the neighborhood Yes Yes context; (3) Create a transition in bulk and Yes Yes scale; (4) Use architectural styles and details Yes Yes* (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: Design Review Criteria (1) Promote pedestrian interaction; Applicability Compliance Yes Yes (2) Design facades that respond Yes Yes primarily to the human scale; (3) Provide active, not blank facades. Yes Yes* Where blank walls are unavoidable, they should receive design treatment. City of Miami Page 3 of 12 Printed On: 9/9/2008 File Number: 08-00902mm IV) Streetscape and Open Space: Design Review Criteria Applicability Compliance (1) Provide usable open space that Yes Yes* 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: Design Review Criteria Applicability Compliance (1) Design for pedestrian and Yes Yes vehicular safety to minimize conflict points; (2) Minimize the number and width Yes Yes of driveways and curb cuts; (3) Parking adjacent to a street front Yes Yes should be minimized and where possible should be located behind the building; (4) Use surface parking areas as district buffer. VI) Screening: Yes Yes Design Review Criteria Applicability Compliance (1) Provide landscaping that screen Yes Yes 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 City of Miami Page 4 of 12 Printed On: 9/9/2008 File Number: 08-00902mm 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 structures Yes Yes* 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: Design Review Criteria Applicability Compliance (1) Design signage appropriate for Yes N/A** the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design feature Yes N/A** to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to minimize Yes glare to adjacent properties; (4) Provide visible signage identifying Yes building addresses at the entrance(s) as a functional and aesthetic consideration. VIII) Preservation of Natural Features: N/A** N/A** Design Review Criteria Applicability Compliance (1) Preserve existing vegetation and/or Yes N/A geological features whenever possible. IX) Modification of Nonconformities: Design Review Criteria Applicability Compliance (1) For modifications of nonconforming Yes N/A structures, no increase in the degree of nonconformity shall be allowed; City of Miami Page 5 of 12 Printed On: 9/9/2008 File Number: 08-00902mm (2) Modifications that conform to Yes N/A current regulations shall be designed to conform to the scale and context of the nonconforming structure. *Compliance is subject to conditions. **Not applicable at this time, subject to review and approval. These findings have been made by the City Commission to approve this project with conditions. d. The PROJECT is expected to cost approximately $ 47,000,000, and to employ approximately 292 workers during construction (FTE-Full Time Employees); The PROJECT will also result in the creation of approximately 135 permanent new jobs (FTE) and will generate approximately $ 393,875 annually in tax revenues to the City (2008 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; (6) the PROJECT will not negatively impact the environment and natural resources of the City; (7) (8) (9) 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, 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 -, 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 City of Miami Page 6 of 12 Printed On: 9/9/2008 File Number: 08-00902mm 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 13, 17 and 22 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 major modification to a Major Use Special Permit for Hampton Inn & Suites (08-00902mm), (hereinafter referred to as the "PROJECT") to be located at approximately 30 SW 12th Street, 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 30 SW 12th Street, Miami, Florida. The PROJECT is 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 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 mixed use development with an approximate height of 155 feet 6 inches N.G.V.D to be comprised of approximately 221 lodging units with recreational amenities; approximately 1,775 square feet of retail space; approximately 8,870 square feet of restaurant area; and 221 total parking spaces; providing for certain floor area ratio ("FAR"). The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits: City of Miami Page 7 of 12 Printed On: 9/9/2008 File Number: 08-00902mm MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, to allow substantial changes to the approved Major Use Special Permit Resolution 01-133, as amended; The Major Use Special Permit encompasses the following Special Permits and the additional requests: CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 607.3, Class II Special Permit, to allow construction of a new building in SD-7 district; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 922.4 ©, to allow maneuvering of trucks on public Right -of Way, with referral to Public Works Director; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 923.2.1, to allow reduction of loading berths dimensions as follows; Required Three (3) 12 feet wide x 35 feet long x 15 feet high Proposed One (1) 12 feet wide x 35 feet long x 15 feet high Two (2) 10 feet wide x 20 foot long x 15 feet high CLASS II SPECIAL PERMIT, as per Article 15, Sect.1512, to allow a waiver of the parking Guides and Standards of the one (1) foot additional width dimension when a parking stall abuts a wall or column obstruction. CLASS II SPECIAL PERMIT, as per ARTICLE 9, 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; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, 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; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub -Section 916.2.1. Temporary special event parking, to allow parking for temporary special event such as ground breaking ceremonies; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2. Temporary off-street offsite parking for construction crews, criteria, to allow temporary off-street offsite parking for construction crews working on a commercial -residential project under construction; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, 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; CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6, Sub -Section 10.6.3.7, SD-7 Central Brickell Rapid Transit Commercial -Residential District, Temporary Signs (3) , to allow temporary development signs; City of Miami Page 8 of 12 Printed On: 9/9/2008 File Number: 08-00902mm 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 and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria; REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following conditions be required at the time of issuance of Shell Permit instead of at issuance of Foundation Permit: The requirement to record in the Public Records a Declaration of Covenants and/or Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner and/or a mandatory property owner association; And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title. Pursuant to Articles 13, 17, and 22 of Zoning Ordinance No. 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 Israel Bigelman - Architect-, dated July 28, 2008; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Alex Knight - Landscape Architecture and Planning-, dated March 28, 2008; 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 zoning designation SD-7 (Central Brickell Rapid Transit Commercial -Residential District) 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. City of Miami Page 9 of 12 Printed On: 9/9/2008 File Number: 08-00902mm 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANTS 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 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) Integrate the parking garage into the building's architecture on all facades, b) Parking Garages must be screened from the sight of adjacent properties, c) Provide details of the materials proposed to cover the garage openings, and indicate how all vehicles and City of Miami Page 10 of 12 Printed On: 9/9/2008 File Number: 08-00902mm mechanical systems within the garage will be concealed from view, d) The East and West facades shall include windows; e) A continuous canopy of shade trees along all street frontages must be provided. Additional palms and other vegetation may help to highlight entry features and other architectural features; f) Enhance the landscape buffers along the western site perimeter by providing tiered layers of plantings including shade trees, understory trees, palms, shrubs, and ground cover to create a lush buffer; and g) Provide details of the landscape planters located on the parking garage. Landscape planters must be provided every two floors to ensure that the "green screen" properly screens the negative effects of the garage, h) Compliance, prior of TCO issuance, with conditions of sufficiency letter prepared by the City's Traffic Consultant on W.O #193 of July 9, 2008. 12) Pursuant to comments by the City of Miami Public Works Department, the following street improvements shall be required of the applicant: S.W. 12 Street: Replace all damaged and broken sidewalk, curb and gutter adjacent to the project site. Grade and shape parkway adjacent to the project site and plant solid sod and street trees. Mill, level and resurface S.W. 12 Street, full with, from the west property line of the Hampton site to approximately 100 feet west of the intersection of and South Miami Avenue. 13) 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. 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. City of Miami Page 11 of 12 Printed On: 9/9/2008 File Number: 08-00902mm APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU 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 Myor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 12 of 12 Printed On: 9/9/2008 EXHIBIT "A" LEGAL DESCRIPTION: LOTS 5, 6, 7, 8 AND 9, BLOCK 89 SOUTH, "CITY OF MIAMI", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B, PAGE 41, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. "Exhibit B" Project Data Sheet ZONING DATA COMPARISON CHART MUSP RES. 01-133 AND AS AMENDED BRICKELL VIEW PROJECT PHASE! SD-7 ZONING DISTRICT MUSP UNUSED HAMPTON INN & SUITES PROJECT PHASE II SO-7 ZONING DISTRICT STAND ALONE ALLOWED REQUIRED/ ALLOWED • PROVIDED REQUIRE!/ ALLOWED • REQUIRED/ ALLOWED ' PROVIDED NET LOT AREA (NLAr 89,800 SF 52,300 Si 37,500 SF 37,500 SF J2,06 AC) (120 AC' (.86 ACC (.86 AC) GROSS LOT AREA (GLA) 118,038 74,28 43,750 43,750 (2.71AC) (1.70AC (1.00AC) (1.00AC) DENSITY (500 UNITS /AC.) 600 600 323 277 860 221 RES, UNITS RES. UNITS RES. UNITS RES. UNrTS HOTEL ROOMS HOTEL ROOMS BUILDING FOOTPRINT 61,022 37,251 NIA NIA 27,635 GROSS F.A..R.NON-RESIDENTIAL 23,461 167,148 18,897 4,564 98,437 10,625 (2.25xGLA] (RETAIL) - ' GROSS F.A.R.RE31DENTIAL (6.0xQLA) 875,494 445,728 352,223 323.271 262.500 102,715 HOTEL GRASS F.A.R.COMBINED 733,254 594,304 371,120 362,134 350,000 113,340 {8.0xGLA) • OPEN SPACE { 10% x GLA) 55,302 7,429 33,399 21,903 4,375 7,576 BUILDING HEIGHT SEC. 607.9 PHASE ! 432'41" UNLIMITED 393'-0" UNLIMITED 147'-6" PHASE f1 296-8" SETBACKS - SW 13T" STREET • 10'-0" 10'•0" 14'-8" NIA NIA SW 12T" STREET 10'-0" 16•0- 15'-0" 15'-0" 16'-4" SOUTH MIAMI AVE. 15-0" 15.-0" 15'-0" • NIA N/A INTERIOR LOT LINES EAST SIDE • ' NONE REQD. ; 5'-10" WEST SIDE NONE REQO. • 15 4' SOUTH NONE READ. 4'-2' PARKING (SEC 607.10) RESIDENTIAL 323 420 - - HOTEL (1 SPACE /4ROOMS) - - (221-RooMs)55 191 RETAIL (1 SPACE 11000 SF) - 12 28 (1820 SF) 2 2 RESTAURANT (1SPACE ISOOSF) - TANDEM - 7 - 7 . 36 (8935 SF) 11 - 11 HANDICAPPED (ADA) - 7 10 (REQUIRED 7) 8 TOTAL PARKING 843 349 501 342 68 212 LOADLNG 2 0i 12' x 55' 1 Q 12' x 55' 2 @ 12' x 35' GROSS FLOOR 1 @ 12' x 35' 3@112'x35' 4@12'x35' ' 2@10'x20' AREA: 169275SF 2@10'x20' 1@10'x20' 3@12'x35'