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HomeMy WebLinkAboutPZAB ResoMiami Planning, Zoning and Appeals Board File ID 11-00380ap Resolution: PZAB-R-11-030 June 15, 2011 Item PZAB.3 Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDED APPROVAL WITH CONDITIONS, TO THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE, PURSUANT TO ARTICLES 3 AND 7 OF THE MIAMI 21 CODE, AS AMENDED, THE DEVELOPMENT OF APPROXIMATELY 9.038 ACRES SPECIAL AREA PLAN ("SAP") FOR THE "BRICKELL CITICENTRE", A MIXED -USE DEVELOPMENT GENERALLY BOUND BY BRICKELL AVENUE TO THE EAST, SOUTHWEST 1sT AVENUE TO THE WEST, SOUTHEAST 6TH STREET TO THE NORTH AND SOUTHWEST 8TH STREET TO THE SOUTH, AND FURTHER DESCRIBED IN EXHIBIT "A" HEREIN, CONSISTING OF: A) APPROXIMATELY 4.68 MILLION SQUARE FEET OF FLOOR AREA SPLIT AMONG FOUR CITY BLOCKS, B) APPROXIMATELY 650,110 SQUARE FEET OF PARKING AREA LOCATED BELOW GRADE, C) APPROXIMATELY 19,700 SQUARE FEET OF CIVIC SPACE AT THE GROUND LEVEL AND APPROXIMATELY 6,500 SQUARE FEET OF CIVIC SPACE ON UPPER LEVELS, D) THESE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT, NOT TO EXCEED A TOTAL OF 5,511,492 SQUARE FEET OF FLOOR AREA OR LESS THAN 19,639 SQUARE FEET OF CIVIC SPACE, MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. THIS SPECIAL AREA PLAN WAS RECOMMENDED APPROVAL SUBJECT TO THE FOLLOWING CONDITIONS AS DECRIBED IN "EXHIBIT 1" (HEREBY ATTACHED). Upon being seconded by Mr. Daniel Milian, the motion was passed and adopted by a vote of 7-0: STATE OF FLORIDA COUNTY OF MIAMI-DADE Mr. Charles A. Garavaglia Yes Mr. Patrick Goggins Yes Ms. Maria Beatriz Gutierrez Yes Mr. Lazaro Lopez Yes Mr. Ernest Martin Absent Mr. Daniel Milian Yes Mr. Oscar Rodriguez Yes Mr. Michael Schiff Absent Ms. Janice Tarbert Yes 1.5 Francisco 6.arcia, Director Planning Department Personally appeared before me, the undersigned authority, Anel Rodriguez, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. nn SWORN AND SUBSCRIBED BEFORE ME THIS �7 DAY OF >� ttY e— , 2011. �a PrintName (c S `J Not Public Stat of Florida Personally know V or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath V My Commission Expires: Exhibit 1 File ID 11-00380ap 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of any building permit. 2) Allow the Miami Police Department to conduct a security survey, at the Department's discretion, and to make recommendations concerning security measures and systems; fmlher 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 SAP 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 SAP, 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 SAP has addressed all concerns of the said Department prior to the obtaining 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, as applicable. 6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of any building permit: • 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; and • Record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title if, applicable, subject to the review and approval of the City Attorney's Office. 7) Prior to the issuance of a shell permit, provide the Planning Department with a recorded copy of the documents mentioned in condition (6) above. 8) Provide the Planning Department with a temporary construction plan that includes the following: • Temporary construction parking plan, with an enforcement policy; • Construction noise management plan with an enforcement policy; and • 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) Prior to the issuance of any building permit, the applicant shall provide the Office Zoning and Planning Department for review and approval: • Revised Sign Standards from the Submittal dated June 6, 2011. • Environmental Impact Statement for lots included in SAP site • Sufficiency Letter from the City of Miami, Office of Transportation • Final deteiiuination of Public School Concurrency and Capacity Reservation • Conservation Assessment Report (project location is within an high Archeological Probability Zone) • Revised set of plans addressing: o All required bicycle parking shall be covered o Drop-off area, habitable liners and screening elements o All loading entry and exit points shall be screened by opaque gates that match the color of the adjacent building facade o Vehicular entry and exit points at minimum dimensions (height and width) necessary to fulfill purpose o All ground floor frontages along SW & SE 8thi Street, SW & SE 7th Street and S. Miami Avenue shall be lined with active uses that have direct access from the street o Additional plans with sufficient details on plans, sections and elevations for Metromover/ Office block, and Civic Space area. • Proof of the payment of the DDRI fees. 10) The BCC Special Area Plan includes a Development Review Process which addresses the build out of the individual projects as identified in the Regulating Plan. 11) If the project is to be developed in phases and/or individual specific projects, 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. 12) The applicant shall meet conditions identified in this Ordinance, with the Brickell CitiCentre SAP and all applicable regulations from local, state and federal agencies. 13) Within 90 days of the effective date of this Ordinance, record a certified copy of the Development Agreement specifying that the Development Agreement runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. 14) Applicant shall continue to work with FrameArt (abutting neighboring business) with regards to the proffered restricted hours for loading and unloading and exiting the garage. 15) Reiterate the conditions of concerns (already conditions by staff): Concern with circulations; and concern with the signage and the murals that are attached in the agreement.