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HomeMy WebLinkAboutCC 06-23-11 TAB C.2 Regulating PlanSPECIAL AREA PLAN BRICKELL 111 CIT!CENTRE BRICKELL CITICENTRE SAP SAP GOALS BRICKELL CITICENTRE Brickell CitiCentre is a mixed -use project in heart of the Brickell situated on four (4) parcels totaling approximately 9.1 acres. The site is located along S. Miami Avenue and bounded by S.W. 8th Street to south, S.E. 6 Street to the north, approximately S.W. 1 st Avenue to the west, and approximately Brickell Avenue to the east. The project, as proposed, will consist of two -levels of underground parking totaling approximately 1,600 spaces to support approximately 530,000 s.f. of open-air, destination and neighborhood serving retail across four levels, including a high -end food market. The proposed underground parking has been designed to internalize circulation and limit the impact of vehicular traffic on the adjacent roadway system. The internal circulation is achieved through the connection of the three (3) underground garages at the Basement 02 level via driveways beneath S. Miami Avenue and S.W. 7th Street. In addition to the retail component, Brickell CitiCentre's ("BCC") program includes the development of 755 residential units in two (2) towers approximately 40 +/- stories in height on the BCC North and West parcels. A hotel and service apartment building, consisting of approximately 290 hotel rooms and 75 service apartment units, is proposed for the BCC East parcel. An additional 1,500 parking spaces will be provided above grade to support these uses. BCC also proposes the development of approximately 925,000 s.f. of office space across the entirety of the 9.1 acre site. A 78,000 s.f. office tower (8 +/- stories) is proposed for BCC West, with a twin medical office/wellness center of approximately 95,000 s.f. (8 +/- stories) on BCC East. Finally, an office tower of approximately 733,000 s.f. is proposed to replace the office building which currently houses Eastern National Bank, located immediately east of the 8th Street MetroMover station. In addition to the above -listed programmatic elements, the project contemplates a number of significant features designed to enhance the public realm. Foremost among such elements is the climate ribbon that serves as unifying theme for the project, connecting the various parcels of Brickell CitiCentre and the project to the Miami River. The climate ribbon will provide protection from the elements to patrons traveling along the open air corridors of the retail center and across the pedestrian connections that will serve to unify the site above the street. It is anticipated that the ribbon will also serve to generate electric power for the facility through the incorporation of solar panels, as well assist with collection of rainfall that can be used for various water features on -site. Additional contemplated public improvements anticipated by the project include landscaping upgrades to the area under the MetroMover guideway for its use as a linear park that would enhance Brickell community's connection with the Miami River. The project also anticipates making significant improvements to the 8th Street MetroMover station that would serve to integrate the station with the project, improve station access, enhance MetroMover ridership, and provide a multi -modal connection to the planned City of Miami Brickell Trolley line. BRICKELL CITICENTRE GOALS A driving force behind Brickell CitiCentre is a desire to create a walkable urban center within the Brickell area that will reduce carbon dioxide emission and promote energy conversation. The plan incorporates improved JUNE 8, 2011 C2.01 DRAFT SPECIAL AREA PLAN BRICKELL 111 CITICENTRE BRICKELL CITICENTRE SAP SAP GOALS street and transit connections that encourage pedestrian enjoyment and mass transit use through increased tree canopy, use of green building techniques, and enhancements to existing mass transit facilities. The development goals include: ■ A compact, pedestrian oriented and mixed use project designed to increase the use of current and proposed transit service. ■ Facilitate the organized growth of downtown infill redevelopment ensuring that Miami remains the focus of the region's economic, civic, and cultural activities. ■ Provide a diversity of uses distributed throughout the Special Area Plan area which enables a variety of economic activity, workplace, residences and Civic Space types. ■ Orient civic and public gathering spaces to reinforce community identity. ■ Design buildings and landscape that contribute to the physical definition of Throughfares as civic places. ■ Develop a proper framework that successfully accommodates automobiles while respecting the pedestrian and the special form of public spaces. ■ Ensure that private development contributes to infrastructure and enriches a pedestrian and transit friendly public and private realm of the highest quality. JUNE 8, 2011 C2.02 DRAFT SPECIAL AREA PLAN BRICKELL 111 CIT!CENTRE BRICKELL CITICENTRE SAP ARTICLE 1. DEFINITIONS The following new or revised terms shall only apply within the area designated as part of the Brickell CitiCentre Special Area Plan. Any regulation not modified herein shall be subject to the requirements of the Miami 21 Code and any other applicable regulation. 1.1 DEFINITIONS OF BUILDING FUNCTION: USES LODGING Serviced Apartments: A group of lodging units that are available for lease or rent by transient guests for a period of not more than 180 days, share amenities, and are operated in conjunction with a Hotel. CIVIL SUPPORT Public Parking: A structured parking facility available to the general public for parking motor vehicles. The term Public Parking shall not include the use of surface parking lots for the parking of motor vehicles. 1.2 DEFINITIONS OF TERMS Climate Ribbon: A framed Structure, which is open on its sides, fixed and self-supporting and which may be located over private property or within the Public Right -of -Way. Design Guidelines: Plans, drawings, and diagrams submitted as part of the SAP. Display Window: A window of a Commercial establishment facing a Frontage used to display merchandise for sale on site and shall have sufficient dimensions to display products. Display Window(s) may not be used for the display of posters or other adverting materials unless accompanied by the product being offered. Open Space: Any parcel or area of land or water essentially unimproved by permanent Buildings, open to the sky and/or covered by a Climate Ribbon; such space shall be reserved for public or private Use. Open Spaces may include Parks, Greens, Squares, Courtyards, Gardens, Playgrounds, paseos (when designed predominantly for pedestrians), pedestrian paths or associated landscaped areas, and those areas covered by a Climate Ribbon. Parking, Off -Street: Any land area designed and used for parking motor vehicles including parking garages, driveways and garages serving residential uses, but excluding areas of Thoroughfares and surface parking lots. Pedestal: Also known as podium. For phase I of the Brickell CitiCentre Special Area Plan, that portion of a Building up to a maximum of 129 feet and for phase 11, that portion of a Building up to a maximum of 160 feet as depicted in the approved Design Guidelines. JUNE 8, 2011 C2.03 DRAFT SPECIAL AREA PLAN BRICKELL 111 CIT!CENTRE BRICKELL CITICENTRE SAP ARTICLE 1. DEFINITIONS Regulating Plan: Modifications of the underlying Miami 21 Transect Zone regulations for the Lots included in this SAP. Special Area Plan (SAP): Also known as the Brickell CitiCentre project. Special Area Plan (SAP) Permit: A permit issued by the City which authorizes Development within an approved SAP. Terminated Vista: A location at the axial conclusion of a Thoroughfare or Pedestrian Passage. A Building located at a Terminated Vista designated on a Special Area Plan is required to be designed in response to the axis. JUNE 8, 2011 C2.04 DRAFT SPECIAL AREA PLAN BRICKELL 111 CIT!CENTRE BRICKELL CITICENTRE SAP 3.13 SUSTAINABILITY 3.13.1 General BCC LEED Certification ARTICLE 3. GENERAL TO ZONES BCC shall be certified by the United States Green Building Council (USGBC) as a Leadership in Energy and Environmental Design - Neighborhood Development (LEED—ND) project. Upon completion of the SAP process and prior to the construction of not more than 75% of the total square footage of the approved BCC project, the project shall obtain LEED-ND Stage 2 pre -certification in accordance with the LEED 2009 Rating System Stages of Certification adopted by the USGBC. Following approval of the LEED-ND Stage 2 pre - certification, the owner shall transmit a copy of the certificate issued by the USGBC confirming the pre - certification of BCC. At the time BCC applies for and obtains a building permit for any portion of the approved project, the applicant shall provide the City with the following: a. A LEED checklist; b. Proof of LEED registration; and c. An affidavit affirming the applicant's intent to ensure that the project is certified by the USGBC, at a minimum, as LEED Silver. Upon completion of each of the approved BCC phases and issuance of certificates of occupancy for the same, the project shall apply for LEED-ND Stage 3 certification. Following successful completion of the certification process, BCC will obtain a certification plaque for public display and ensure that BCC is listed as a LEED-ND certified project on the USGBC website. At minimum, development within the SAP shall meet LEED-ND Silver certification. JUNE 8, 2011 C2.05 DRAFT with SPECIAL AREA PLAN BRICKELL CITICENTRE BRICKELL CITICENTRE SAP ARTICLE 4. TABLE 5 BUILDING FUNCTION: PARKING AND LOADING SHARED PARKING STANDARDS SHARING FACTOR Function RESIDENTIAL LODGING OFFICE COMMERCIAL Function RESIDENTIAL LODGING OFFICE COMMERCIAL The shared Parking Standards Table provides the method for calculating shared parking for buildings with more than one Use type. It refers to the parking requirements that appear in Table 4. The parking required for any two Functions on a Lot is calculated by dividing the number of spaces required by the lesser of the two uses by the appropriate factor from this Table and adding the result to the greater use parking requirement. For instance: for a building with a Residential Use requiring 100 spaces and a Commercial Use requir- ing 20 spaces, the 20 spaces divided by the sharing factor of 1.2 would reduce the total requirement to 100 plus 17 spaces. For uses not indicated in this chart on a mixed use lot a sharing factor of 1.1 shall be allowed. Additional sharing is allowed by SAP Permit. OFF-STREET PARKING STANDARDS ANGLE OF PARKING ACCESS AISLE WIDTH ONE WAY TRAFFIC SINGLE LOADED ONE WAY TRAFFIC DOUBLE LOADED TWO WAY TRAFFIC DOUBLE LOADED 90 23ft 23ft 23 ft 60 12.8ft 11.8ft 19.3ft 45 10.8ft 9.5ft 18.5ft Parallel 10 ft 10 ft 20 ft Standard stall: 8.5 ft x 18 ft minimum • Driveways shall have a minimum of 10 feet of paved width of a one-way drive and 20 feet for a two-way drive for parking area providing 10 or more stalls. • Pedestrian entrances shall be at least 3 feet from stall, driveway or access aisle. • Allowable slopes, paving, and drainage as per Florida Building Code. • Off-street Parking facilities shall have a minimum vertical clearance of 7 feet. Where such a facility is to be used by trucks or loading Uses, the minimum clearance shall be 12 feet Residential and 15 feet Commercial and Industrial. • Ingress vehicular control devices shall be located so as to provide a minimum driveway of 20 feet in length between the Base Building Line and dispenser. • For requirements of parking lots, refer to Article 9 and the City of Miami Off-street Parking Guides and Standards. LOADING BERTH STANDARDS T5, T6, CS, CI -HD & CI DISTRICT NOTES RESIDENTIAL* From 25,000 sf to 500,000 sf Berth Size Loading Berths 420 sf 1 per first 100 units 200 sf 1 per each additional 100 units or fraction of 100. Greater than 500,000 sf Berth Size Loading Berths 660 sf 1 per first 100 units 200 sf 1 per each additional 100 units or fraction of 100. Berth Types Residential*: 200 sf = 10 ft x 20 ft x 12 ft Commercial**: 420 sf = 12 ft x 35 ft x 15 ft Industrial***: 660 sf= 12 ft x 55 ft x 15 ft * Residential loading berths shall be set back a distance equal to their length. ** 1 Commercial berth may be substituted by 2 Residential berths. 2 Residential berths may be substituted by 1 Commerical berth. *** 1 Industrial berth may be substituted by 2 Commercial berths. 2 Commerdal berths may be substituted by 1 Industrial berth. A required Industrial or Commercial loading berth may be substituted by a Commerdal or Residential loading berth, by SAP Permit, if the size, character, and operation of the Use is found to not require the dimensions specified and the required loading berth dimension could not otherwise be provided according to the regulations of this Code. Loading Hours shall comply with conditions established by the Development Order. LODGING From 25,000 sf to 500,000 sf Berth Size Loading Berths 420 sf 1 per 300 rooms 200 sf 1 per 100 rooms Greater than 500,000 sf Berth Size Loading Berths 660 sf 1 per 300 rooms 200 sf 1 per 100 rooms From 25,000 sf to 500,000 sf Berth Size L a a d i n g 420 sf Berths 1 200 sf per 300 rooms 1 per 100 rooms Greater than 500,000 sf Berth Size L o a d i n g 660 sf Berths 200 sf 1 per 300 rooms 1 per 100 rooms OFFICE COMMERCIAL** INDUSTRIAL*** From 25,000 sf to 500,000 sf Berth Size Loading Berths Area 420 sf 1st 25Ksf-50Ksf 420 sf 2nd 50K sf-100K sf 420 sf 3rd 100Ksf-250Ksf 420 sf 4th 250K sf - 500K sf Greater than 500,000 sf From 25,000 sf to 500,000 sf Berth Size L o a d i n g Area Berths 420 sf 25Ksf-50Ksf 420 sf 1st 50K sf-100K sf 420 sf 2nd 100Ksf-250Ksf 420 sf 3rd 250K sf - 500K sf 4th Greater than 500,000 sf Berth Size Loading Berths Area 660 sf 1 / 500K sf Berth Size Loading Berths Area 660 sf 1 / 500K sf JUNE 08, 2011 C2.06 SPECIAL AREA PLAN BRICKELLa��r' CENTRE BRICKELL CITICENTRE SAP ARTICLE 4. TABLE 7 CIVIC SPACE TYPES This table describes the standards for areas zoned as Civic Space (CS) and for Public Parks and Open Space provided by the Public Benefits Program. Civic Space Types may be at multiple levels, shall be landscaped andfor paved, open to the sky and shall be open to the public between 6 am and 10:00 pm. Civic Space Types may be publicly or privately owned. Open Space requirements for each zone are described in Article 5. Plaza: An Open Space available for civic purposes and programmed activities. A Plaza shall be spatially defined by Building Frontages and may include street Frontages. lts landscape shall consist primarily of pavement and trees. The minimum size shall be 1/8 acre and the maximum shall be 2 acres. T6 JUNE 08, 2011 C1.07 SPECIAL AREA PLAN BRICKELL 111 CIT!CENTRE BRICKELL CITICENTRE SAP ARTICLE 5. SPECIFIC TO ZONES 5.6 URBAN CORE TRANSECT ZONES (T6) Building Disposition (T6) For the minimum Height, Facades shall be built parallel to the Principal Frontage Line as indicated in the Design Guidelines and Regulating Plan. In the absence of Building along the remainder of the Frontage Line, a Streetscreen shall be built co -planar with the Facade to shield parking and service areas. In the case of two (2) or three (3) Principal Frontages meeting at Thoroughfare intersections, the Building corner may recede from the designated Setback up to twenty percent (20%) of the Lot length. At the first Story, Facades along a Frontage Line shall have frequent doors and windows; pedestrian entrances shall occur at a maximum of seventy five (75) feet and vehicular entries shall occur at a minimum spacing of sixty (60) feet unless approved by SAP Permit. Principal entrances to retail establishments shall be provided along 7"and 8th Streets and South Miami Avenue. Where a retail establishment is located on the corner of 7th or 8th Street and South Miami Avenue, only one ( 1 ) principal entrance shall be required. Building Configuration (T6) Above the eighth floor, the Building Floorplate dimensions shall be limited as follows: • 250 feet maximum length for Residential Uses • 250 feet maximum length for Commercial Uses Encroachments shall be as follows: At the First Layer, cantilevered Awnings and entry canopies may encroach up to one hundred percent (100%) of the depth of the Setback and into the Right -of -Way, except as may be further allowed by Chapter 54 of the City Code. Above the first Story, cantilevered balconies, bay windows, decorative features, and roofs may encroach up to three (3) feet of the depth of the Setback. Other cantilevered portions of the Building shall maintain the required Setback. Above the Pedestal no Encroachments are permitted, except that Facade components promoting energy efficiency such as shading and Screening devices that are non -accessible may encroach a maximum of three (3) feet. Loading and service entries shall be pursuant to the Design Guidelines of the Special Area Plan. Mechanical equipment on a roof shall be screened by a parapet wall of a maximum height of twenty-five (25) feet or enclosure and shall conceal all equipment, except antennas, from lateral view. Where possible, equipment other than solar panels shall be enclosed or screened from overhead views. Parking Standards (T6) Parking shall be provided and accessed in accordance with the Design Guidelines of this Special Area Plan. The vehicular entrance of a parking Lot or garage on a Frontage shall have a continuous flush sidewalk crossing and pedestrian safety zones for curb cut widths over thirty (30) feet. JUNE 8, 2011 C2.08 DRAFT SPECIAL AREA PLAN BRICKELL 111 CITICENTRE BRICKELL CITICENTRE SAP ARTICLE 5. SPECIFIC TO ZONES All parking, including drop-off drives and porte-cocheres, open parking areas, covered parking, garages, Loading Spaces and service areas shall be located in accordance with the Design Guidelines of this Special Area Plan. All Screening utilized to visually shield or obscure the aforementioned areas shall be subject to the review and approval of the Planning Director. Architectural Standards (T6) The Facades on Retail Frontages shall be detailed as storefronts and shall, for the first ten (10) feet above the sidewalk elevation, contain windows or doorways of transparent glass covering at least 50% of the linear footage of each Building. The base of all transparent openings shall be no more than two (2) feet above the sidewalk. Display Windows may count up to twenty-five percent (25%) of the transparency requirement. JUNE 8, 2011 C2.09 DRAFT SPECIAL AREA PLAN BRICKELL 111 CIT!CENTRE BRICKELL CITICENTRE SAP 6.5 Sign Standards - Brickell CitiCentre SAP Intent ARTICLE 6. SUPPLEMENTAL REGULATIONS Brickell CitiCentre is a pedestrian oriented, mixed -use, urban development district (the "District") that includes residential, retail, office and hotel uses which are serviced by a mass transit station and several lined parking garages. The District is envisioned as a hub for high -end retail which does not otherwise exist in the City of Miami. The retail and office components of the District will consistently serve large numbers of people, many of whom will drive to the District and park in one of the Project's several lined parking garages. Others will walk or take mass transit to access the Project. In order for the District to function properly and seamlessly integrate into the Brickell neighborhood, pedestrians must be clearly directed to the mass transit station and retail areas and vehicles must be clearly directed to parking garages. The intent of these sign regulations is to (1) move pedestrians and vehicle traffic in and out of the District safely and efficiently; (2) promote safe and efficient pedestrian traffic within the District; (3) promote efficient vehicle circulation to and from the parking garages within the District; and (4) identify the District to motorists along adjacent Thoroughfares Signage Location, Types, and Aggregation. a. Signs within the Brickell CitiCentre SAP shall be permitted as set forth in the Brickell CitiCentre Regulating Plan and Design Guidelines. b. Signage placed on the Pedestal or along the District's Retail Frontages shall be located within in one of five (5) signage zone types identified in the Regulating Plan and Design Guidelines. Signage zone types shall be classified as: 1. Directional Signage Zone: Signage within this zone type shall be located on the District perimeter to facilitate the movement of both vehicles and pedestrians and direct them to retail tenants, restaurants, parking garages, and other Uses within the District. Such directional signs may range between five (5) feet in height and four (4) feet in width to ten (10) feet in height and thirty (30) feet in width. 2. Monument Signage Zone: Signage within this zone type shall be located along the Principal Frontages and serve to identify the Project, communicate the District image, or specifically identify a major anchor tenant. Monument signage shall be limited to no more then two sign surfaces, neither of which shall exceed forty (40) feet in Sign Area for each one hundred (100) feet of street Frontage. All panels shall be changeable over time and may be highlighted with external lighting and neon lighting behind the images. Permitted Sign Area may be cumulative, but no Sign surface shall exceed one hundred (100) square feet. The Maximum Height shall not exceed twenty (20) feet, including embellishments, as measured from the sidewalk on which the sign is placed. 3. Retail Signage Zone: Signage within this zone type shall be located on the Pedestal and oriented toward the street for the purpose of identifying retail tenants of the District. JUNE 8, 2011 C2.10 DRAFT SPECIAL AREA PLAN BRICKELL CITICENTRE BRICKELL CITICENTRE SAP ARTICLE 6. SUPPLEMENTAL REGULATIONS 4. Building Identity Signage Zone: Signage within this zone type shall be serve to identify the Project or the name of a major tenant occupying more than five percent (5%) of the gross leasable Building Floor Area. 5. Outdoor Advertising Signage Zone: The sign copy of signage within this zone type shall conform to the definition of Outdoor Advertising Sign in Sec. 1.3 of Miami 21. However, the signage within this zone shall be governed by requirements of Chapter 62, Article XIII, Division 5 of the City Code, except where modified by Sec. 8 of the development agreement governing development within the Project SAP. c. The depictions of the zones on Pages A2.31, A2.32, A2.35, and A2.37 of the Regulating Plan Design Guidelines represents the general area of the proposed signage zone. The final location of each zone may vary. d. Signage within each zone type may be aggregated on each elevation for each block. However, the aggregated signage zone type shall not exceed the total square footage depicted on the elevation for each block or enumerated within the development agreement governing development within the Project SAP, whichever is greater. e. The permitted square footage for Retail Signage and Building Identity signage may be modified interchangeably, so long as the combined, maximum square footage for Retail Signage and Building Identity Signage, as shown on Pages A2.31, A2.32, A2.35, and A2.37 of the Regulating Plan Design Guidelines, is not exceeded. f. In addition to the signage types referenced in paragraph b. above, the signage types listed in Sec. 6.5.2.5.b.1., 2., and 3. shall also be permitted within the District, subject to the limitations identified therein. Signage Standards. The following standards shall be utilized by the Planning Director and Zoning Administrator when evaluating whether proposed signage is consistent with the District SAP. a. The District shall provide locations on the commercial areas of the building facade that are specifically designed to accommodate changeable tenant signage. Structure, materials, detailing, and power sources shall be designed with consideration of signage installation requirements and shall be readily adaptable and reparable as tenant sign needs change. b. Sign illumination shall not be of high intensity. Locations for illuminated signage shall be oriented to the public right-of-way and shall avoid facing residential uses. c. Orientation of any illuminated sign or light source shall be directed or shielded to reduce light trespass and glare. d. Signs should be designed so as to fit within the architectural features of the facade and related elements and complement the District's architecture. JUNE 8, 2011 C2.11 DRAFT SPECIAL AREA PLAN BRICKELL 111 CITICENTRE BRICKELL CITICENTRE SAF ARTICLE 6. SUPPLEMENTAL REGULATIONS e. Indirect and external light sources shall be the preferred option where lighting is required. f. Small-scale signs projecting from the building face, perpendicular to the public right-of-way, are appropriate for all pedestrian oriented streets. g• Graphic design for all signs should reflect consistency, simplicity, neatness, and minimum wording to minimize visual clutter and maximize legibility. h. Sign colors should be limited in number and should be compatible with the facade. In most circumstances, dark backgrounds for signs are preferred over light backgrounds. JUNE 8, 2011 C2.12 DRAFT SPECIAL AREA PLAN BRICKELL 111 CIT!CENTRE BRICKELL CITICENTRE SAP ARTICLE 7.1.2 BRICKELL CITICENTRE DEVELOPMENT REVIEW PROCESS 7.1.2 Permits Brickell CitiCentre Development Review Process The Brickell CitiCentre development review process is set forth below. a. SAP Permit. All Development within the Project shall be approved by SAP Permit. In addition, all other permits necessary to develop Property within the Project, such as Warrants, Waivers, Variances, and Exceptions, shall be approved by SAP Permit and subject to the equivalent fee to those established in the Miami 21 Code and Chapter 62 of the City Code. The process and criteria for review and approval of an SAP Permit application is set forth below. 1. Review and approval process. SAP Permit applications shall be submitted to the Zoning Administrator for review of compliance with all applicable standards. Upon verification by the Zoning Administrator, the application shall be referred to the Planning Director. The Planning Director shall review each application submitted for an SAP Permit pursuant to the applicable SAP regulations, inclusive of its Regulating Plan, Approved Development Agreement, the Miami 21 Code and the Miami Comprehensive Neighborhood Plan, as applicable. All projects in excess of two hundred thousand (200,000) square feet of floor area shall be referred to the Coordinated Review Committee (CRC) for further consideration. All projects equal or less than two hundred thousand (200,000) square feet of floor area may be referred to the CRC at the Planning Director's discretion. Additionally, at the discretion of the Planning Director, any SAP Permit application may be referred to the Urban Development Review Board, other City Departments or regulating agencies and authorities for their review and comment. If the SAP Application is referred, the committee, board, department or agency shall review the application and provide its comments and recommendations to the Planning Director for consideration; after which time, the Planning Director shall issue a final decision for the subject SAP Application. ii. The Planning Director shall approve, approve with conditions or deny the SAP Permit application. Approvals shall be granted when the application is consistent with the SAP, inclusive of its Regulating Plan, Design Guidelines, approved Development Agreement, the Miami 21 Code and the Miami Comprehensive Neighborhood Plan, as applicable.Conditional approvals shall be issued when the application requires conditions in order to be found consistent with the SAP, inclusive of its Regulating Plan, Design Guidelines, approved Development Agreement, the Miami 21 Code and the Miami Comprehensive Neighborhood Plan, as applicable. Denials of applications JUNE 8, 2011 C2.13 DRAFT SPECIAL AREA PLAN BRICKELL 111 CIT!CENTRE BRICKELL CITICENTRE SAP ARTICLE 7.1.2 BRICKELL CITICENTRE DEVELOPMENT REVIEW PROCESS shall be issued if, after conditions and safeguards have been considered, the application still is inconsistent with the SAP, inclusive of its Regulating Plan, Design Guidelines, approved Development Agreement, the Miami 21 Code and the Miami Comprehensive Neighborhood Plan, as applicable. The decision of the Director shall include an explanation of the Code requirements for an appeal of the decision. The Director shall include a detailed basis for denial of an SAP Permit. An SAP Permit shall be valid for a period of two (2) years during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit. A one (1) time extension, for a period not to exceed an additional year, may be obtained if approved by the Planning Director upon written request by the Applicant and subject to the equivalent fee to those established in the Miami 21 Code and Chapter 62 of the City Code. 2. Appeal of an SAP Permit to the Planning, Zoning and Appeals Board. Applicant may file an appeal of the determination of the Planning Director which shall be de novo and taken to the Planning, Zoning and Appeals Board. An appeal shall be filed with the Hearing Boards Office within fifteen (15) calendar days of the posting of decision by the Planning Director on the City's website. The Board shall determine whether the Permit is upheld or rescinded. The ruling of the Planning, Zoning and Appeals Board may be further appealed to the City Commission, de novo and must be filed with the Office of Hearing Boards within fifteen (15) calendar days of the Board's issuance of its ruling. The filing of the appeal shall state the specific reasons for such appeal, together with payment of any required fee. 3. Modifications to a previously approved SAP Permit All applications for modifications of an approved SAP Permit shall be submitted in writing to the Zoning Administrator explaining the need for corrections and accompanied by payment of the fee established by the adopted fee schedule. Except for minor modifications, the permit may be amended only pursuant to the procedures and standards established for its original approval. The Zoning Administrator shall review criteria established in the Miami 21 Code to determine the degree of the modification. All minor modifications shall be referred to the Planning Director for review and compliance with the Regulating Plan, Design Guidelines, approved Development Order, the Miami 21 Code and the Miami Comprehensive Neighborhood Plan, as applicable. If found to be in compliance, the Planning Director shall grant the application for minor modification. JUNE 8, 2011 C2.14 DRAFT SPECIAL AREA PLAN BRICKELL 111 CIT!CENTRE BRICKELL CITICENTRE SAP ARTICLE 9. LANDSCAPE REQUir`EMENTS Trees Street trees shall be of a species typically grown in Miami -Dade County which normally mature to a height of at least twenty (20) feet. Street trees shall have a clear trunk of four (4) feet, an overall height of fifteen (15) feet and a minimum caliper of three (3) inches at time of planting, and shall be provided along all roadways at a maximum average spacing of thirty (30) feet on center, except as otherwise provided in this Article. Where the aforementioned spacing requirement cannot be met, deviations from this standard shall be permitted so long as the total number of street trees provided equals the total number of street required by the thirty (30) feet spacing requirement. The thirty (30) foot average spacing requirement for multiple single family units and townhouse shall be based on the total lineal footage of roadway for the entire project and not based on individual Lot widths. Street trees shall be placed within the swale area or shall be placed on private property where demonstrated to be necessary due to right-of-way obstructions as determined by the Public Works Department. Street trees planted along private roadways shall be placed within seven (7) feet of the edge of roadway pavement and/or where present within seven (7) feet of the sidewalk. Minimum Number of Trees Where a conflict exists, the requirement imposing the higher standard shall apply. Street trees of a species typically grown in Miami -Dade County which have a minimum clear trunk of four (4) feet, an overall height of not less than twenty (20) feet, and a minimum caliper of five (5) inches at the time of planting, shall count toward the minimum number of required trees at a ratio of 4 Street Trees to 1 Required Tree. Shrubs All shrubs shall be a minimum of eighteen (18) inches in height when measured immediately after planting. Shrubs shall be provided at a ratio of ten (10) per required tree. Ground cover may be provided in lieu of shrubs at a ratio of two ground cover plants to one shrub. No less than Thirty (30) percent of the shrubs shall be native species and no less than fifty (50) percent shall be low maintenance and drought tolerant. Eighty (80) percent of the shrubs shall be listed in the Miami -Dade Landscape Manual, the Miami -Dade Street Tree Master Plan and/or the University of Florida's Low -Maintenance Landscape Plants for South Florida list. JUNE 8, 2011 C2.15 DRAFT SPECIAL AREA PLAN BRICKELL 111 CIT!CENTRE BRICKELL CITICENTRE SAP ARTICLE 9. LANDSCAPE REQUir`EMENTS Trees Street trees shall be of a species typically grown in Miami -Dade County which normally mature to a height of at least twenty (20) feet. Street trees shall have a clear trunk of four (4) feet, an overall height of fifteen (15) feet and a minimum caliper of three (3) inches at time of planting, and shall be provided along all roadways at a maximum average spacing of thirty (30) feet on center, except as otherwise provided in this Article. Where the aforementioned spacing requirement cannot be met, deviations from this standard shall be permitted so long as the total number of street trees provided equals the total number of street required by the thirty (30) feet spacing requirement. The thirty (30) foot average spacing requirement for multiple single family units and townhouse shall be based on the total lineal footage of roadway for the entire project and not based on individual Lot widths. Street trees shall be placed within the swale area or shall be placed on private property where demonstrated to be necessary due to right-of-way obstructions as determined by the Public Works Department. Street trees planted along private roadways shall be placed within seven (7) feet of the edge of roadway pavement and/or where present within seven (7) feet of the sidewalk. Minimum Number of Trees Where a conflict exists, the requirement imposing the higher standard shall apply. Street trees of a species typically grown in Miami -Dade County which have a minimum clear trunk of four (4) feet, an overall height of not less than twenty (20) feet, and a minimum caliper of five (5) inches at the time of planting, shall count toward the minimum number of required trees at a ratio of 4 Street Trees to 1 Required Tree. Shrubs All shrubs shall be a minimum of eighteen (18) inches in height when measured immediately after planting. Shrubs shall be provided at a ratio of ten (10) per required tree. Ground cover may be provided in lieu of shrubs at a ratio of two ground cover plants to one shrub. No less than Thirty (30) percent of the shrubs shall be native species and no less than fifty (50) percent shall be low maintenance and drought tolerant. Eighty (80) percent of the shrubs shall be listed in the Miami -Dade Landscape Manual, the Miami -Dade Street Tree Master Plan and/or the University of Florida's Low -Maintenance Landscape Plants for South Florida list. JUNE 8, 2011 C2.16 DRAFT