Loading...
HomeMy WebLinkAboutPAB -01.16.08LEGISTAR FILE ID: APPLICANT REQUEST/LOCATION PLANNING FACT SHEET 05-00624mm COMMISSION DISTRICT ZONING DISTRICT(S) SITE AREA LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION January 16, 2008 Item # 3 N. Patrick Range, as attorney on behalf Cabi SMA LLLP and City National Bank of Florida under Trust Agreement 2401-1967-00 Consideration of a Major Use Special Permit for the Capital at Brickell project, to be located at approximately 1420, 1430, 1434 & 1438 South Miami Avenue, 1401 & 1429 SW 1st Avenue, 26, 44 & 54 SW 14th Street, and 21, 37, 45 & 65 SW 14th Terrace 2 SD-7 (Central Brickell Rapid Transit Commercial Residential District). 3.77± acres (Gross) and 2.77± acres (Net) See supporting documentation Consideration of a Resolution, approving with conditions, a substantial modification to a major use special permit for the capital at Brickell project pursuant to articles 5, 9, 13,17 and 22 of zoning ordinance no. 11000, as amended, for the capital at Brickell project, to be located at approximately 1420, 1430, 1434 & 1438 south Miami avenue, 1401 & 1429 southwest 1st avenue, 26, 44 & 54 southwest 14th street, and 21, 37, 45 & 65 southwest 14th terrace, Miami, Florida; the proposed substantial amendment to "capital at Brickell" will be comprised of the following changes to the original application: 1) to decrease the multifamily residential units from 832 units to 542 units and 364 new hotel rooms; 2) to increase the office space from 108,543 square feet to 209,022 square feet; 3) to reduce the retail space from 47,853 square feet to 11,048 square feet, 4) to provide 6,856 square feet of restaurant area; and 5) to decrease the off- street parking spaces from 1,274 to approximately 1,053 parking spaces. the north tower will have a new maximum height of 682 feet 0 inches NGVD at top of architectural feature, and the south tower a new maximum height of 633 feet 0 inches NGVD at top of architectural feature; providing for certain floor area ratio ("FAR") bonuses Approval with conditions See supporting documentation VOTE: CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 Date Printed: 1/9/2008 Page 1 ANALYSIS SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT for CAPITAL AT BRICKELL located at approximately 1430 South Miami Avenue LEGISTAR FILE ID: 05-00624mm Pursuant to Zoning Ordinance 11000, as amended, Supplement 17 the Zoning Ordinance of the City of Miami, Florida, the subject proposal for CAPITAL AT BRICKELL has been reviewed to allow a Substantial Modification to a Major Use Special Permit, Resolution 05-0484, pursuant to Articles 5, 9, 13, 17 and 22 of Zoning Ordinance No. 11000, as amended, located at approximately at 1420, 1430, 1434 & 1438 South Miami Avenue, 1401 & 1429 SW 1st Avenue, 26, 44 & 54 SW 14th Street, and 21, 37, 45 & 65 SW 14th Terrace, Miami, Florida, to allow the following changes to the original application: 1) To decrease the multifamily residential units from 832 units to 542 units and 364 new hotel rooms; 2) To increase the office space from 108,543 square feet to 209,022 square feet; 3) To reduce the retail space from 47,853 square feet to 11,048 square feet, 4) To provide 6,856 square feet of restaurant floor area, and; 5) To decrease the off-street parking spaces from 1,274 to approximately 1,053 parking spaces. The North Tower will have a new maximum height of 682 feet 0 inches NGVD at top of architectural feature, and the South Tower a new maximum height of 633 feet 0 inches NGVD at top of architectural feature. This Permit also includes the following requests: MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, (1), to allow a residential development involving in excess of two hundred (200) dwelling units; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, (2), to allow a non- residential development involving in excess of two hundred thousand (200,000) square feet of floor area; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, (3), to allow hotels involving in excess of three hundred fifty (350) rooms; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, (7), for any single use or combination of uses requiring or proposing to provide in excess of five hundred (500) off-street parking spaces; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, (9) and ARTICLE 5, Sect. 502, to allow up to 20 % increase of floor area ratio, for an increase of approximately 196,816 square feet of floor area; The Substantial Amendment to Major Use Special Permit encompasses the following Special Permits and additional requests: SPECIAL EXCEPTION, as per Article 9, Sect. 917.1.2, to allow valet parking for restaurant and hotel (up to fifty percent of parking spaces in excess of that required by ordinance); City ofMiami Page 1 of 6 Printed On: 1/9/2008 CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 607.3, to allow erection of any new building in SD-7 district; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908.2, to allow driveways of width greater than 25 feet; CLASS II SPECIAL PERMIT, as per Article 15, Sect.1512, to allow reduction of required backup distance from 23'-0" to 22'-0". CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 607.8.3, to allow development of ground level open space residential/recreational space; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927, 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 906.9, 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 916.2.1, to allow parking for temporary special event such as ground breaking ceremonies; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, 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 920.1.2, 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 10.6.3.7, SD-7 Central Brickell Rapid Transit Commercial -Residential District, Temporary Signs (3), to allow temporary development signs; 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 Substantial Amendment to 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. City of Mia117 i Page 2 of 6 Printed On: 1/9/2008 Pursuant to Articles 5, 9, 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 residential, commercial and hotel opportunities in the Downtown NET District, located at the SW corner of South Miami Avenue and SW 14 Street. • It is found that the subject property is located in the "The City of Miami" Plat within the Brickell Village neighborhood of the City. • 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 the residential density of the project with the substantial modification (542 units and 364 hotel rooms at 260 units per acre) is below the proposed in the original MUSP (832 units at 299 units per acre) as well as the maximum allowed 1,392 units (500 units per acre) on the 2.784± net acre site. • It is found that this substantial modification to the project will increase the office space from 108,543 square feet proposed in the original MUSP to 209,022 square feet. • It is found that this substantial modification to the project will reduce the retail space from 47,853 square feet proposed in the original MUSP to 11,048 square feet. • It is found that this substantial modification to the project provides 6,856 square feet of restaurant floor area inexistent in the original MUSP. • It is found that the Environmental Impact Statement submitted with the project states that "the proposed development site is appropriate and has a favorable impact on economy, public services, environment and housing supply within the immediate neighborhood" • It is found that the project has convenient access to the Metromover system at the Financial District station, located approximately half a block east of the subject property, with connections to the Metrorail and Tri-Rail systems, for efficient use of existing mass transit systems. • It is found that the project is expected to cost approximately $1,065,133,300, and to employ approximately 532 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 460 permanent new jobs (FTE) and will generate approximately $ 5,306,100 annually in tax revenues to the City (2007 dollars). City of MiC1117 i Page 3 c? f 6 Printed On: 1/9/2008 • It is found that the Large Scale Development Committee reviewed the project on September 5, 2007 to address the expressed technical concerns raised at said Large Scale Development Committee meeting. • It is found that on November 2, 2007, the City's Traffic Consultant, URS Corp., provided a review (W.O. #185) of the Traffic Impact Analysis submitted by the applicant and has found the traffic analysis sufficient with the following conditions: 1) Encourage employers/landlords participation in the South Florida Commuter Service Program; 2) Placement of transit information — schedule, maps, etc., at convenient locations of the site; 3) Provide transit subsidies for employees; 4) Encourage employees to implement staggered work hours; and 5) Coordinate with the Miami Dade County Traffic Control and Sign Division to secure appropriate approval as this project goes through the review process. • It is found that the proposed project was reviewed by the Historic and Environmental Preservation Board (HEPB) on June 7, 2005, which approved (HEPB 2005-40) a Certificate of Appropriateness for ground disturbing activity involving new construction within an Archaeological Conservation Area subject to the following conditions: (1) Submit monthly reports to the City of Miami during any archeological testing and monitoring activities to document the results of any finds; (2) Submit two final reports to the City of Miami within 90 days of completion of the archeological investigations and monitoring; (3) Submit a detailed archeological management or mitigation plan to the City of Miami prior to the commencement of any further archeological investigations or construction activities if significant archeological material is identified. • It is found that on September 6, 2007, the Miami -Dade Aviation Department provided a Height Analysis review of the proposed project at 633 feet ASML and found that it conform to the Miami -Dade County Height Zoning Ordinances. The current submittal for a substantial modification has a new maximum height of approximately 682 feet 0 inches. • It is found that Miami -Dade Public Schools provided a revised review of the proposed project on August 21. The student population generated by this development is estimated at 130 students. The schools serving this area of application are Southside Elementary (62 students) — 210% Florida Inventory School Houses (FISH) Capacity with the proposed project; Shenandoah Middle (29 students) —96% FISH; and Booker T. Washington Senior (39 students) — 69% FISH. Pursuant to the interlocal agreement, only Southside Elementary exceeds the review threshold of 115%. • It is found that on April 27, 2007, the City of Miami Public Works Department provided a review of the project with the following comments: (a) S.W. 14 Street: Replace all damaged and broken sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire with, curb to curb, between S.W. 1 Avenue and South Miami Avenue; b) South Miami Avenue: Replace all damaged and broken sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire with, curb to curb, between S.W. 14 Street and S.W. 14 Terrace. Stormwater drainage improvements will be required along South Miami Avenue; c) S.W. 14 Terrace: Construct sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire with, curb to curb, between Brickell Way and South Miami Avenue; and d) Brickell Way (fka S.W. 1 Avenue): Construct new sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire with, curb to curb, between S.W. 14 Street and S.W. 14 Terrace. Stormwater drainage improvements will be required along Brickell Way. • It is found that the proposed project was reviewed by the Internal Design Review Committee on October 2, 2007 and the following pertinent comments were made: Architecture a) Provide City ofMiami Page 4 of 6 Printed On: 1/9/2008 greater detail of the decorative scoring stucco patterns along the northern facade or propose decorative treatment; Landscape: a) Provide a landscape treatment for portions of the facade that are blank at the ground level in order to soften the impact on the pedestrian realm. • It is found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board on September 19, 2007, which recommended approval with conditions. 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 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 City ofMiami Page 5 of 6 Printed On: 1/9/2008 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) Provide greater detail of the decorative scoring stucco patterns along the northern facade or propose decorative treatment; b) Provide west elevation (not part of MUSP submittal) for review and approval by the Planning Director; c) Provide a tree survey and disposition plan for review and approval; d) Provide proposed landscape treatment for portions of the facade that are blank at the ground level in order to soften the impact on the pedestrian realm; e) The applicant shall comply with Miami -Dade County Ordinance 04-203, Section 33-335. This ordinance states that all building heights reviewed by the Dade County Aviation Department shall be in accordance with the "Airport Height Zoning Area Map for Miami International Airport. 12) Pursuant to HEPB Resolution 2005-040, the applicant shall meet the following conditions: (a) Submit monthly reports to the City of Miami during any archeological testing and monitoring activities to document the results of any finds; (b) Submit two final reports to the City of Miami within 90 days of completion of the archeological investigations and monitoring; (c) Submit a detailed archeological management or mitigation plan to the City of Miami prior to the commencement of any further archeological investigations or construction activities if significant archeological material is identified. 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 Mia117 i Page 6 of 6 Printed On: 1/9/2008 MEM SW 12TH ST SW 14TH ST Conservation 0 150 300 i�Public FUTURE LAND USE MAP SW 12TH ST Major I nst, Facilities, Transp SE 13TH ST Restricted Commercial SW 14TH ST SW 14TH TER Single Family Residential Medium Density ` High Density Multifamily AdiKtIttfamily Residential Residential 600 Feet Address:1420,1438,1434,1430 S Miami Ave 21, 27, 45, 65 SW 14 Terrace 44, 54, 26 SW 14 Street 1429, 1401 SW 1 Avenue SW,14TH ST ZONING ATLAS MAP SW 12TH ST SE 13TH ST • • • memo , ' / SWL14TH ST oximmuming SE 1441sT. 0 SD17 3 gyp•, 0 150 300 SW 14TH TER 600 Feet Address:1420,1438,1434,1430 S Miami Ave 21, 27, 45, 65 SW 14 Terrace 44, 54, 26 SW 14 Street 1429, 1401 SW 1 Avenue 0 150 300 600 Feet Address:1420,1438,1434,1430 S Miami Ave 21, 27, 45, 65 SW 14 Terrace 44, 54, 26 SW 14 Street 1429, 1401 SW 1 Avenue Projects in the vicinity Capital at Brickell 05-00624mm No. Project Name 1 Fortune Plaza 2 One Broadway (Park Place -Phase I) 3 Four Seasons (Millennium Project) 4 Capital at Brickell fka SMA 5 Columbus Centre Floors Units 56 0 36 773 64 186 56 542 56 234 Comment / Status Commercial project Completed project # Completed project # Subject project # Application phase # C I T Y 0 F M I A M I PLANNING DEPARTMENT PRE -APPLICATION DESIGN REVIEW COMMENTS CLASS 11 SPECIAL PERMIT IDR-05-GG CAPITAL AT BRICKELL 1430 SOUTH MIAMI AVENUE NET DISTRICT: DOWNTOWN 10.02.2007 The following comments represent the unified vision of the Pre -Application Design Review Committee, which consist of all staff members in the Urban Design and Land Development Divisions. COMMENTS: The following comments are being made in an effort to develop projects to their highest potential and make a significant contribution to improving the quality of our built environment with great architecture and urban design. Architecture • Provide greater detail of the decorative scoring stucco patterns along the northern facade or propose a more decorative treatment. Urban Design • The committee is concerned with the limited amount of space between the building and drop-off areas located along South Miami Avenue and SW 1" Avenue. Revise the plan to allow ample space for pedestrian circulation around these points. • Verify with the zoning department that the required amount of open space is being provided. Open space should be at the ground level and open to the sky. Landscape • Provide a landscape treatment for portions of the facade that are blank at the ground level in order to soften the impact on the pedestrian realm 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 November 2, 2007 Ms. Lilia 1. Medina, AICP Assistant Transportation Coordinator City of Miami, Office of the City Manager/Transportation 444 SW 2nd Avenue (10'h Floor) Miami,Florida 33130 Re: Capital at Brickell Sufficiency Letter — Review # 185 Dear Ms. Medina: RECEIVED �ryr D� Via -Fax ant'sal j' 200t NOV -5 PM 2= 5 Subsequent to our September 4, 2007 review comments for the subject project, we have received a response letter from David Plummer and Associates (DP&A) dated September 28, 2007. The response letter was accompanied with additional committed development information. We also received via e-mail dated October 16, 2007; the vehicle maneuverability details for the site from DP&A. Photocopies of the response letter and the vehicle maneuverability details are included herewith. 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. Encourage employers/landlords participation in the South Florida Commuter Services Program; 2. Placement of transit information — schedule, maps, etc., at convenient locations of the site; 3. Provide transit subsidies for the employees; and 4. Encourage employers to implement staggered work hours. The development approval should be conditioned upon applicant fulfilling above commitments. Note, for the signalized intersections to function adequately signal timing/phasing modifications (optimization) at signalized intersections are recommended in the traffic study. Although the proposed modifications are reasonable, the applicant needs to coordinate with the Miami Dade County Traffic Control and Signs Division to secure appropriate approval as this project goes through the review process. At this time, we conclude that the traffic impact report along with the subsequent submittal meets all the traffic requirements and the study is found to be sufficient with the aforementioned conditions. Should you have any questions, please call me at 954.739.1881. ern Raj •hanmug Senir Traffic E er RS Corporation Lakeshore Complex 5100 NW 33rd Avenue, Suite 150 Fort Lauderdale, FL 33309-6375 Tel: 954.739.1881 Fax: 954.739.1789 Attachment Cc: Mr. Antonio E. Perez, Planner ll, City of Miami Planning (Fax - 305.416.1443) Ms. Sonia Shreffler-Bogart, P.E., DP&A. (Fax - 305.444.4986) PL4NNiNevII Kiifflg I" MEMORANDUM 2001 AUG 24 PM 3: 31 Ana Gelabert-Sanchez TO: Director Planning Department Stephanie N. Grindell, P.E. FROM : Director Public Works Department CITY OF MIAMI, FLORIDA August 20, 2007 DATE : FILE : SUBJECT: REFERENCES: ENCLOSURES: Large Scale Development Review - CAPITAL (formerly known as South Miami Avenue) The Public Works Department has reviewed the Large Scale Development plans for the development entitled CAPITAL (formerly known as South Miami Avenue), located at S.W. 14 Street and South Miami Avenue and has the following comments. 1. The dedication of twenty five foot corner radiuses are required on all four corners of the project site. 2. The record grade elevation along S.W. 14 Terrace and South Miami Avenue varies from 20 feet +/- to 10 feet +1-. All transitions from the established street profile grade to the building flood elevation must be accomplished on private property. Stairs, ramps, retaining walls, etc. will not be permitted in the public right of way and the record profile street grade can not be changed to accommodate the proposed building ground floor elevation. 3. All stormwater must be retained on site including the driveways and plazas on private property adjacent to the public streets. All plazas and driveways must be graded or trench 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. 4. An agreement between the City of Miami and the property owner is required for any landscaping 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. 5. A Special Class II permit is required to reduce the back-up distance in the parking garage. 6. Public Works policy requires that no closures of vehicular travel lanes will be permitted 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 request. 7. In order to mitigate traffic congestion and problems associated with unregulated parking throughout the neighborhood, the Contractor/Developer shall be required to provide approved, Ana Gelabert-Sanchez Director August 20, 2007 Page 2 of 3 designated off -site parking for workers and a shuttle service to the work site. The parking/shuttle plan shall be coordinated with the local City of Miami NET Service Center. 8. All greenspace and landscaping required by the Zoning Ordinance must be accommodated on private property. Greeenspace and landscaping within the public right of way cannot be included in the calculations for meeting greenspace zoning requirements. 9. City of Miami driveway entrances, in compliance with A.D.A. standards, shall be required. Continuous sidewalk is required across the driveway entrances. 10. Since this project is inore 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 Sediment 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. 14 Street: Replace all damaged and broken sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire width, curb to curb, between S.W. 1 Avenue and South Miami Avenue. South Miami Avenue: Replace all damaged and broken sidewalk and construct curb and gutter adjacent to the project situ. Mill and resurface the entire width, curb to curb, between S.W. 14 Street and S.W. 14 Terrace. Stormwater drainage improvements will be required along South Miami Avenue. S.W. 14 Terrace: Construct sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire width, curb to curb, between Brickell Way and South Miami Avenue. BrickeIl Way (formerly S.W. 1 Avenue): Construct new sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire width, curb to curb, between S.W. 14 Street and S.W. 14 Terrace. Stormwater, drainage improvements will be required along Brickell Way. 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. A.D.A. compliant handicap ramps are required on all four corners adjacent to the project site. Ana Gelabert-Sanchez Director August 20, 2007 Page 3 of 3 There are several other large scale projects, proposed for construction directly adjacent to the CAPITAL project and there may be an overlap of roadway improvement responsibility. Please be aware that the roadway improvements required by the Public Works Department for your project must be completed prior to obtaining a T.C.O. or C.O. If you have any questions concerning these comments, please call Mr. Leonard Helmers, Professional Engineer IV, at extension 1221. SNG/LJH/EE/wj l c: Fullerton Diaz Architects, Inc. 366 Altara Avenue Coral Gables, FL 33146 Stephanie N. Grindell, P.E., Director of Public Works Roberto Lavernia, Chief of Land Development, Planning Department bc: Development and Roadway Section Central CI T Y 0 F M I A MI PLANNNG DP- 1' AR '1 1 E 'I' URBAN DEVELOPMENT REVIEW BOARD(UDRB) RESOLUTION FOR RECOMMENDATION UDRB MEETING 0 9/ 1 9/ 0 7 Item No. 2: A motion was made by Robert Behar and seconded by Rudolph Moreno for a resolution recommending to the director of the Department of Planning appmurl for a Substantial Modification to a Major Use Special Permit for the project Capital at Brickell (F.K.A. SMA) located at 1430 S Miami Avenue with a vote of 3 to 0. Vote List Yes No Recused Absent Todd B. Tragash, chairman 0 0 ■ 0 Julio Diaz, Vice Chairman • • @ • Robert Behar ® ■ ■ ■ WillyBerrnello ■ ■ 0 ►5 Robin Bosco ■ 0 ■ 0I Marina Khoury 0 0 0 0 El Rudolph Moreno ►/ ■ 0 ■ Ernesto Santos ■ ■ 0 Ei ■ ■ ■ ■ Conditions: • The stair tower protruding into the courtyard should be shifted west into the form of the building to provide a larger pedestrian area on the ground. • Provide greater detail of the decorative scoring stucco patterns along the northern facade or propose a more decorative treatment. • Incorporate shade trees within the parallel parking stalls along streets. • Incorporate landscaping strips along blank wall facades and within garage entry/exit islands Attest: frt.., Ana Gelabe - . anchez, 0 'recto Alexander Adams, UDRB Officer MIAMI INTERNATIONAL AIRPORT Commerciaf Airport: tkii.lrni International Airport General Aviation Airports: Lade -Collier Training S lr. l I inn Homestead Geaux 1 Kendall.lamiami Executive C)pa,locka Executive pLAH 11NG EPAD 7001 SEP j 7 R rhiEN Mr. Zeljko Torbica Cabi Developers 19950 W. Country Club Drive, Suite 900 Aventura, FL 33180 September 6, 2007 Mami-Dade Aviation Department P.O. Box 025504 Miami, Florida 33102 T 305-876-7000 F 305-876-0948 www. M i a m i-a i rpo rt. com miarnidade.gov RE: Height Analysis for the Capital F/N/A SMA Project located in 1430 South Miami Avenue, Miami, FL Dear Mr. Torbica: The Miami -Dade Aviation Department (MDAD) has reviewed your above referenced Large Scale Development dated August 14, 2007 for a letter of determination and height analysis. Our review finds that the assumed 633 ft AMSL (Above Mean Sea Level) structure at this location conforms to the Miami -Dade County Height Zoning Ordinance. The building site is located in the "High Structure Set -Aside District Transitional Surface" of the amended MIA Height Zoning Ordinance approved by the Miami -Dade County Commission on July 2007. The maximum height allowable for this location in the High Structure Set -Aside District Transitional Surface ranges between 900 ft. AMSL and 1,000 ft. AMSL. However, our preliminary analysis indicates that this structure may impact the following Terminal Instrument Procedures (TERPS) surfaces: • MIA Runway 27 LNAV Final Approach: exceeds by 156.73 ft The FAA will need to determine the effect of those impacts (if any) upon the developer's submittal of form 7460-1 to the FAA. This height determination is an estimate issued on a preliminary or advisory basis. Before proceeding with design, any proposed construction at this location reaching or exceeding 200 ft AMSL (Above Mean Sea Level) will be required to file with the FAA by using form 7460-1 `Notice of Proposed Construction Alteration for Determination of Known Hazards'. ZeIjko Torbica September 6, 2007 Page 2 Furthermore, any construction cranes for this project reaching or exceeding 200 ft AMSL (Above Mean Sea Level) must be filed by the construction contractor using FAA Form 7460-1, Notice of Proposed Construction or Alteration. Thus, for any structure or crane at this location reaching or exceeding 200 ft AMSL (Above Mean Sea Level), FAA form 7460-1 must be filed. 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: AIternatively, the developer may "e-file" online at https://oeaaa.faa.gov Based on the above, MDAD would not object to a proposed structure height that conforms to the Miami -Dade County Height Zoning Ordinance as long as: 1) FAA determines that the construction of building at the above mentioned height will not diminish or affect the safety, efficiency or capacity of the Miami International Airport in any way; and 2) FAA issues a "Determination of No Hazard" for this project and location; and 3) An interested party does not file a "petition for review" to FAA's aeronautical study that has yet to be completed for this project and location. 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. Land Use Review: Based on the available information, MDAD has determined that the referenced property is located outside of any land use restrictive zones as defined in the Zoning Ordinance for Miami International Airport (04-203). Zeljko Torbica September 6, 2007 Page 3 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. Sin Jos A. R.'o , ' .A. Chi f o Aviation Planning Section JR/AH/cf C: S Harman A. Herrera N. Mata S. Basu, Department of Planning and Zoning D. Holness, Department of Planning and Zoning R. Lavernia, City of Miami A. Perez, City of Miami O. Toledo, City of Miami Earl Newalu, FAA File Zoning **PRELIMINARY** SCHOOL IMPACT REVIEW ANALYSIS August 21, 2007 FOR INFORMATIONAL PURPOSES ONLY; THE REQUIREMENTS UNDER THE INTERLOCAL AGREEMENT FOR SCHOOL FACILITY PLANNING ARE NOT TRIGGERED SINCE THE APPLICANT iS NOT REQUESTING ADDITIONAL RESIDENTIAL DENSITY OVER WHAT IS CURRENTLY ALLOWED IN THE PROPERTY'S ZONING CLASSIFICATION, APPLICATION: Cabi Development (Capital f/nfa SMA) REQUEST: Large Scale Development ACRES: + 2.784 net acres ZONING: SD-7 "Special District / Central Brickell Rapid Transit Commercial Residential District" (500 DU/acre) LOCATION: Site located between SW 18t Avenue and South Miami Avenue and between SW 14 Terrace and SW 14 Street, Miami MSAI MULTIPLIER: NUMBER OF UNITS: 5.2/.18 724 units (542 multifamily and 364/2 = 182 hotel units) ESTIMATED STUDENT POPULATION: 130 ELEMENTARY: MIDDLE: SENIOR HIGH: 62 29 39 SCHOOLS SERVING AREA OF APPLICATION ELEMENTARY: Southside Elementary — 45 SW 13 Street MIDDLE: Shenandoah Middle — 1950 SW 19 Street SENIOR HIGH: Booker T. Washington Senior — 1200 NW 6 Avenue All schools are located in Regional Center IV. *Based on Census 2000 information provided by Miami -Dade County Department of Planning and Zoning. The following population and facility capacity data are as reported by the Office of Information Technology, as of October 2006: Southside Elernentary Shenandoah Middle Booker T. Washington Senior % UTILIZATION % UTILIZATION NUMBER OF FISH DESIGN FISH DESIGN FISH DESIGN PORTABLE CAPACITY STUDENT CAPACITY CAPACITY STUDENT PERMANENT AND CUMULATIVE POPULATION PERMANENT PERMANENT STATIONS RELCOATABLE STUDENTS** 429 491 * 1,123 1,152 * 1,535 1,574 * 234 1,204 2,270 183% 210% 93% 96% 68% 69% 0 0 a 183% 210% 93% 96% 68% 69% 1,720 1,098 3,345 *Student population increase as a result of the proposed development **Estimated number of students (cumulative) based on zoning/land use log (2001- present) and assuming all approved developments are built; also assumes none of the prior cumulative students are figured in current population. Notes: 1) Figures above reflect the impact of the class size amendment. 2) Pursuant to the Interlocal Agreement, none of the schools meet the review threshold. PLANNED RELIEF SCHOOLS IN THE AREA (Information included in revised 5-Year Capital Plan, 2006-2010, dated November 2006) Projects in Planning, Design or Construction School Status N/A Proposed Relief Schools School NIA Projected Occupancy Date Funding year OPERATING COSTS: Accounting to Financial Operations, the average cost for K-12 grade students amounts to $6,549 per student. The total annual operating cost for additional students residing in this development, if approved, would total $851,370. CAPITAL COSTS: Based on the State's September 2007 student station cost factors*, capital costs for the estimated additional students to be generated by the proposed development are: ELEMENTARY 62 x $18,622 $1,154,564 MIDDLE Does not meet review threshold SENIOR HIGH Does not meet review threshold Total Potential Capital Cost $1,154,564 *Based on Information provided by the Florida Department of Education, Office of Educational Facilities Budgeting. Cost per student station does not include land cost. City of Miami Legislation PAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 05-00624mm Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE CAPITAL AT BRICKELL PROJECT, TO BE LOCATED AT APPROXIMATELY 1420, 1430, 1434 & 1438 SOUTH MIAMI AVENUE, 1401 & 1429 SOUTHWEST 1ST AVENUE, 26, 44 & 54 SOUTHWEST 14TH STREET, AND 21, 37, 45 & 65 SOUTHWEST 14TH TERRACE, MIAMI, FLORIDA; THE PROPOSED SUBSTANTIAL AMENDMENT TO "CAPITAL AT BRICKELL" WILL BE COMPRISED OF THE FOLLOWING CHANGES: 1) TO DECREASE THE MULTIFAMILY RESIDENTIAL UNITS FROM 832 UNITS TO 542 UNITS AND 364 NEW HOTEL ROOMS; 2) TO INCREASE THE OFFICE SPACE FROM 108,543 SQUARE FEET TO 209,022 SQUARE FEET; 3) TO REDUCE THE RETAIL SPACE FROM 47,853 SQUARE FEET TO 11,048 SQUARE FEET, 4) TO PROVIDE 6,856 SQUARE FEET OF RESTAURANT AREA; AND 5) TO DECREASE THE OFF-STREET PARKING SPACES FROM 1,274 TO APPROXIMATELY 1,053 PARKING SPACES. THE NORTH TOWER WILL HAVE A NEW MAXIMUM HEIGHT OF 682 FEET 0 INCHES, AND THE SOUTH TOWER A NEW MAXIMUM HEIGHT OF 633 FEET 0 INCHES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1438 S. Miami Avenue, 1434 S. Miami Avenue, 1430 S. Miami Avenue, 21 SW 14 Terr., 45 SW 14 Terr., 65 SW 14 Terr.,44 SW 14 Terr.,26 SW 14 Terr., 1420 S. Miami Avenue, 1429 SW 1 Avenue, 37 SW 14 Terr., and 54 SW 14 Street. APPLICANT(S): N. Patrick Range, III, Esquire, on behalf of Cabi SMA, LLLP and City National Bank of Florida under Trust Agreement 2401-1967-00 FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. *See supporting documentation. PURPOSE: This will allow the substantial modification of the previously approved Capital at Brickell (f.k.a. SMA) project. WHEREAS, on August 6, 2007 N. Patrick Range, as attorney on behalf of Cabi SMA LLLP and City National Bank of Florida under Trust Agreement 2401-1967-00 (referred to as "APPLICANT"), submitted a complete Application for a Substantial Amendment to Major Use Special Permit for the City of Miami Page 1 of 10 Printed On: 1/9/2008 File Number: 05-00624mm Capital at Brickell project (referred to as "PROJECT") pursuant to Articles 5, 9, 13, 17 and 22 of Zoning Ordinance No. 11000, for the properties located at approximately 1438 S. Miami Avenue, 1434 S. Miami Avenue, 1430 S. Miami Avenue, 21 SW 14 Terr., 45 SW 14 Terr., 65 SW 14 Terr.,44 SW 14 Terr.,26 SW 14 Terr., 1420 S. Miami Avenue, 1429 SW 1 Avenue, 37 SW 14 Terr., and 54 SW 14 Street, Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and WHEREAS, development of the Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on September 5, 2007 to consider the substantial modification to an approved MUSP project and offer its input; and WHEREAS, the Urban Development Review Board met on September 19, 2007, to consider the proposed project an recommended approval with conditions; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on January 16, 2008 Item No. 3, following an advertised public hearing, adopted Resolution No. PAB *-* by a vote of --- to --- (*- *), recommending ---- with conditions as presented in PAB Resolution *-* of the Major Use Special Permit Development Order as attached and incorporated; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Substantial Amendment to 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 Substantial Amendment to 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 1420, 1430, 1434 & 1438 South Miami Avenue, 1401 & 1429 Southwest lst Avenue, 26, 44 & 54 Southwest 14th Street, and 21, 37, 45 & 65 Southwest 14th Terrace, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of an approximate 682 feet 0 inches, 56 story high mixed use structure to be comprised of approximately 542 total multifamily residential units and 364 hotel rooms, approximately 209,022 square feet of office space and 11,048 square feet retail space and 6,856 square feet of restaurant floor area; and approximately 1,053 total parking spaces; providing for certain floor area ratio ("FAR") bonuses. Section 4. The Major Use Special Permit Application for the Project also encompasses the lower ranking Special Permits as set forth in the Development Order. Section 5. The findings of fact set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as amended. b. The PROJECT is in accord with is 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 Planninq: (1) Respond to the physical Yes. Yes contextual environment taking City of Miami Page 2 of 10 Printed On: 1/9/2008 File Number: 05-00624mm into consideration urban form and natural features; (2) Siting should minimize the Yes. Yes impact of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner lots Yes Yes should be oriented to the corner and public street fronts. II) Architecture and Landscape Architecture: (1) A project shall be designed Yes *Yes to comply with all applicable landscape ordinances; (2) Respond to the neighborhood Yes Yes context; (3) Create a transition in bulk Yes Yes and scale; (4) Use architectural styles Yes *Yes and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building facade Yes *Yes vertically and horizontally in intervals that conform to the existing structures in the vicinity. III) Pedestrian Oriented Development: (1) Promote pedestrian Yes Yes interaction; (2) Design facades that Yes Yes respond primarily to the human scale; (3) Provide active, not blank Yes Yes facades. Where blank walls are unavoidable, they should receive design treatment. IV) Streetscape and Open Space: (1) Provide usable open space Yes Yes that allows for convenient and visible pedestrian access from the public sidewalk; (2) Landscaping, including plant Yes Yes material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. V) Vehicular Access and Parking: City of Miami Page 3 of 10 Printed On: 1/9/2008 File Number: 05-00624mm (1) Design for pedestrian and Yes Yes vehicular safety to minimize conflict points; (2) Minimize the number and Yes Yes width of driveways and curb cuts; (3) Parking adjacent to a street Yes Yes front should be minimized and where possible should be located behind the building; (4) Use surface parking areas Yes N/A as district buffer. VI) Screening: (1) Provide landscaping that Yes Yes screen 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 elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front they should be situated and screened from view to street and adjacent properties; (3) Screen parking garage Yes Yes structures with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. VII) Signage and Lighting: (1) Design signage appropriate Yes **N/A for the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design Yes **N/A feature to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to Yes **N/A City of Miami Page 4 of 10 Printed On: 1/9/2008 File Number: 05-00624mm minimize glare to adjacent properties; (4) Provide visible signage Yes **N/A identifying building addresses at the entrance(s) as a functional and aesthetic consideration. VIII) Preservation of Natural Features: (1) Preserve existing vegetation Yes **N/A. and/or geological features whenever possible. IX) Modification of Nonconformities: (1) For modifications of Yes N/A nonconforming structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform Yes N/A to 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 $1,065,133,300, and to employ approximately 532 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 460 permanent new jobs (FTE) and will generate approximately $ 5,306,100 annually in tax revenues to the City (2007 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) The PROJECT will not adversely affect living conditions in the neighborhood; (8) The PROJECT will not adversely affect public safety; (9) Based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (10) Any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority participation and employment, and minority contractor/subcontractor participation will be mitigated through compliance with the conditions of this Substantial Amendment to Major Use Special Permit. Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the City of Miami Page 5 of 10 Printed On: 1/9/2008 File Number: 05-00624mm APPLICANT and any successors in interest. Section 7. The application for Major Use Special Permit, which was submitted on August 6, 2007, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference. Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the PROJECT, incorporated within. Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and issued. Section 11. In the event that any portion or section of this Resolution or the Development Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order which shall remain in full force and effect. Section 12. The provisions approved for this Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor./ DEVELOPMENT ORDER Let it be known that pursuant to Articles 5, 9, 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 issuance of a Substantial Amendment to Major Use Special Permit for Capital at Brickell, (hereinafter referred to as the "PROJECT") to be located at approximately 1420, 1430, 1434 & 1438 South Miami Avenue, 1401 & 1429 SW 1st Avenue, 26, 44 & 54 SW 14th Street, and 21, 37, 45 & 65 SW 14th Terrace, 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 with a height of approximately 490 feet is a mixed use development to be located at approximately 1420, 1430, 1434 & 1438 South Miami Avenue, 1401 & 1429 SW 1st Avenue, 26, 44 & 54 SW 14th Street, and 21, 37, 45 & 65 SW 14th Terrace, Miami, Florida. The PROJECT is located on a gross lot area of approximately 3.78± acres and a net lot area of approximately 2.78± 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 original project had a height of approximately 649-foot and the proposed substantial amendment approximate height is 682 feet, 56-story high mixed use structure to be comprised of approximately 542 multifamily residential units and 364 hotel rooms; an increase the office space from 108,543 square feet to 209,022 square feet, a reduction of retail space from 47,853 square feet to 11,048 square feet; 6,856 square feet of restaurant floor area, and a reduction the off-street parking spaces from 1,274 to approximately 1,053 parking spaces ; providing for certain floor area ratio ("FAR") bonuses. This Permit also includes the following requests: City of Miami Page 6 of 10 Printed On: 1/9/2008 File Number: 05-00624mm MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, (1), to allow a residential development involving in excess of two hundred (200) dwelling units; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, (2), to allow a non-residential development involving in excess of two hundred thousand (200,000) square feet of floor area; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, (3), to allow hotels involving in excess of three hundred fifty (350) rooms; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, (7), for any single use or combination of uses requiring or proposing to provide in excess of five hundred (500) off-street parking spaces; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, (9) and ARTICLE 5, Sect. 502, to allow up to 20 % increase of floor area ratio, for an increase of approximately 196,816 square feet of floor area; The Substantial Amendment to Major Use Special Permit encompasses the following Special Permits and additional requests: SPECIAL EXCEPTION, as per Article 9, Sect. 917.1.2, to allow valet parking for restaurant and hotel (up to fifty percent of parking spaces in excess of that required by ordinance); CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 607.3, to allow erection of any new building in SD-7 district; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908.2, to allow driveways of width greater than 25 feet; CLASS II SPECIAL PERMIT, as per Article 15, Sect.1512, to allow reduction of required backup distance from 23'-0" to 22'-0". CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 607.8.3, to allow development of ground level open space residential/recreational space; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927, 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 906.9, 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 916.2.1, to allow parking for temporary special event such as ground breaking ceremonies; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, 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 920.1.2, 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 10.6.3.7, SD-7 Central Brickell Rapid Transit Commercial -Residential District, Temporary Signs (3), to allow temporary development signs; 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 Substantial Amendment to 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; City of Miami Page 7 of 10 Printed On: 1/9/2008 File Number: 05-00624mm - 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 5, 9, 13, 17 and 22 of Zoning Ordinance 11000, approval of the requested Substantial Amendment to 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 Fullerton Diaz Architects, Inc., dated October 17, 23 and 30, 2007; 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 is 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 existing 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 FOLLOWI NG: 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. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a shell permit. 5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for Development Approval, with the understanding that the APPLICANT must use its best efforts to follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide. 6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. 7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP permit resolution and development order, and further, an executed, record able unity of title or covenant in lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's Office. 8) Provide the Planning Department with a temporary construction plan that includes the following: a temporary construction parking plan, with an enforcement policy; a construction noise City of Miami Page 8 of 10 Printed On: 1/9/2008 File Number: 05-00624mm 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) Provide greater detail of the decorative scoring stucco patterns along the northern fa9ade or propose decorative treatment; b) Provide west elevation (not part of MUSP submittal) for review and approval by the Planning Director; c) Provide a tree survey and disposition plan for review and approval; d) Provide proposed landscape treatment for portions of the fa9ade that are blank at the ground level in order to soften the impact on the pedestrian realm; e) The applicant shall comply with Miami -Dade County Ordinance 04-203, Section 33-335. This ordinance states that all building heights reviewed by the Dade County Aviation Department shall be in accordance with the "Airport Height Zoning Area Map for Miami International Airport. 12) Pursuant to HEPB Resolution 2005-040, the applicant shall contact the City of Miami Preservation Officer prior to obtain a building permit, in order to meet the following conditions: (a) Submit monthly reports to the City of Miami during any archeological testing and monitoring activities to document the results of any finds; (b) Submit two final reports to the City of Miami within 90 days of completion of the archeological investigations and monitoring; (c) Submit a detailed archeological management or mitigation plan to the City of Miami prior to the commencement of any further archeological investigations or construction activities if significant archeological material is identified. 13)) Pursuant to cmments by the City of Miami Public Works Department, the applicant shall meet the following conditions: (a) S.W. 14 Street: Replace all damaged and broken sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire with, curb to curb, between S.W. 1 Avenue and South Miami Avenue; b) South Miami Avenue: Replace all damaged and broken sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire with, curb to curb, between S.W. 14 Street and S.W. 14 Terrace. Stormwater drainage improvements will be required along South Miami Avenue; c) S.W. 14 Terrace: Construct sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire with, curb to curb, between Brickell Way and South Miami Avenue; and d) Brickell Way (fka S.W. 1 Avenue): Construct new sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire with, curb to curb, between S.W. 14 Street and S.W. 14 Terrace. Stormwater drainage improvements will be required along Brickell Way. 14) 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 City of Miami Page 9 of 10 Printed On: 1/9/2008 File Number: 05-00624mm 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 APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ 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 Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 10 of 10 Printed On: 1/9/2008 Exhibit "A" All of Block 96 South. City of Miami. accorth)hg to the Plat thereof as recoe ed rn Plot soak B. Page 41 of the public records of Miami -Dade County f%rido. PROJECT FACT SHEET A. ZDN1Nc piSTRILT SD•) IH1GH ltr rrY) CENTRAL BR ICKELI. RAPID TRANSITCOMMFRCIAGRFSIDENITAL OLSTRICT B. IAl.7) AREA GROSS AIWA: 164.014 SC.H. 1 3.77 &pal - _ NET AREA: 120463 S4A, 1277 Mon FILE NO.45.00624 C. MAXIMUM DENSITY f ALLOWED APPROVED PROPOSED SUBSTANTIAL AMENDMENT NET AREA: 120,683 Sq.R- (2-77 Ana) 500 UNITS PER NET ACRE: 503 a 2.77 Acres . 136'S UNF[S 832 UNITS S22 CONDO UNITS+36d HOTS U3CI'm - _ 724 TOTAL U1gF75 (542+3radr2) _� A. IfUR37roc SI r6ACKS (OD•77 REQUIRED•MAK REQUIRED -MIN. APPROVED PROPOSED _._.... _..... FRONT (ELS(k Odle' dim Pcdaufa. S rr,Fese I C )k jh•M: xr 10 10 10 FRONT (W.3'T °Our Man Nods 4* S6m•Ani It HCiBHJdq. ffi IR 10 10 SIDES INORTII t SOLTRIc Ode Ere Premonn Such -Finn IC I4 siFila .20 10 i0 10 F. MAXIMUM HEIGHT• ~� _ ALLOWED - APPROVED PROPOSED -Y - BY CODE UNU1.irEA COUNTY: ELEV. 71tr MSL ELEV.649.0 PSI. ELEV. 68117 Mil. FEDERAL: LAZY. 710 MSC. P. FLOOR AREA LIMITATON$. ALLOWED APPROVED PROPOSED RE$101?7TfAI. LSO: FAR..AO. CROSS EDT AREA • 60 s I44A14 S4R • 961.51 SI.Ps, ' AAidcV•PIID Gam• NM of Allowed FAR • 0.2 964064 Sq.R • 196216SgH. •• B7 Lrrys(M Spnvl Pvmil (NUSP) S¢S02 HO D-.4224m SF CONDO. 13443951: NOOTOI CONDO . 512.162 SP SOUTH TOTAL RnIDENIIAL PAR. our liONLSiS - 1.160,90E sq.R. 1.169.1.37 Sq. A. 3369.177SP _ (FAR.727 - IMPOSED FAR. 7.131 NON-RESIDENTIAL IDES: FAR. 2.0 a GROSS EAT AREA a 161A14 Sq.PL . 374.028 S9R - Mod boors 16do6 a per Souio. 602,7.2sf lk City of Mimi 2ming Ordimm) I,169.1375F OFFICE •90J174 SF NORTH OF-11[98R SE sovni RF_STA RESTAURANT . E,,F565P RETAIL.{ 1.011SFE•9-14 SKY COUNOE-9_7g3P CPA. 75.3305E - TOTAL NON•RPSIDE TIP. FA.R. • 3M078 Sq. A. 156490 Sq-E5. 324.002 SP .J 011OPOSED FAR • 147 TOTAL Rf31D4lNr7A0. r P40N.R8S10FNfALPAR. WJBONUS05 . r.501,934 Set, It 1319.944 Set. F. I.43,I99 SP . 4FAR.9201 ' • (PROPOSED PAR .6.F 70f%ll.l 271,042 56 G. OPEN SPACE{ RESID51(FIAL-•---- RECREATION SPACE - REQUIRED (ORIGINAL CALCULATIONS) REQUIRED (NEW CALCULATIONS 7.11.07) APPROVED (FILE NO-0541 24) PROPOSED OPEN SPACE RESIDENTIAL Min. 1 Sq R£d awry 10 Sq R Gth25iAL: Min. IS4 A for ewers 10 Sq R of Gloss Lot Alca Ground Floor Pl6A.._.:_..___..I7,9405g11 Ground Find Plna_.._._..__...19.675 Sglk 1:1633481r0 Sq R. 116,355 Sq R 164.01U10 Sq A.16.401 Sq H Fool I3oq:.,......__..___.____.39•gW SqR 10E01101Ly,Gramd F166c 00ly, POdeaal Tamales..•.....--__......5.0E9 Sq9 Inside Plgeny L'urcl, Dnvcst NON-RFS0.3FNTIAL Min. I SqR For clay 50Sg1i RESIDENDAL . Min. l SgPL forevery 50 Sq9 P.H. Deck Tama .__..--_..._.._7,871 $q9 Drop Offs Na kneaded.) RECREATION SPACE Noe-Rcsidcmal aver 500005o R Raida(al o cr50,000 Sn R Loa TertlOes.__.__-.-.___._..9,756 SqR 156396 • 50,000 SgE1. 106396 SgFV50 SON.?.l28 Sq R 1,17E.190 - 50.000 Sghl• .i 26,100 SgFlr$O Soft .22362 Sq R Sipe W 7crraw ...._......._.39E SqR TOTAL OPEN SPACE PROP.. 19, 875 Sq R P,FL Silt BMCae Tsatss h1 TOTAL OP174 SPACE RQRD,.16. 014 Sq H Anemia in Le included in Rec eaaion Spoor as , u AmwRies: to 6c isclisled in Rcesencoio.i Spoor as Bdoncc of To.cr Terraces .....__6,634 Sq ' - RISII]F0TRAL RP (EAT10N SPACP. per Class II AA 60743 par Clan 11 A1t 607.62(NOT Pool lk4.._......_._._..___.._47.221 Sg14 TOTAL RFSIOhNr1AL. NON- KESLDFTT1AL MIN. OPFS: SPACE RF.Q. = 118.483 511 A TOTAL OPEN SPACE Rk3QU1R1]) . 16,401 Set F1 TOTAL O1-24 SPACE; I1400.. 143,0,70 Sq R Rs' S. 7.9rh Moors ____._3386 SqA i i 16355+2.126.) TOTAL RESIDENTIAL RECREATION SPACE REQ.. 22362 Sq R DecL-cola Floor ._._.__..1.16F SqH - TOTAL RESIDENTIAL REC. SPACE PROP,. 62, 5765q R TOTAL RESIDENTIAL REC. SPACE RF.QD. • 22, 562 Sq A H. OEItSTREET PARKING - - _- - - •.._-_.___.__-_-_�,.�_--___,., REQUIREMENTS - REQUIRED (ORIGINAL CALCULATIONS') APPROVED (ERE No. •05' 06240 REQUIRED (NF.WCALCULATIONS 1-11.071 PROP(1SF?) lrn( 17 H,C.J 232 Spores IDlN'IL IL. I S RESIDENTIAL $pau p:• URr: E32 Units A I • VI 51an0csrh.LRES flit*.(11..4• 49•Pd Florida B.ialin6 Code. From 501 la 10322% Tort in porkies M i. 17 gmsc - P PST Unit: 5421Jnn61 1 . j{2 $P14110n1Yd1116 HJC. 545 Spaces Puking) Roomed minimum reer�r of Namibia R/sarnlial �1 I Sparc p.4 Hord keys: 364k yi/ 4.91 Syr including H.C. 1005pscrs RETAILI Spas pa rm(i 1060 SF IRelai1- 47,453 SF) • 4l spanhr6n 2 KC) 46 Spokes RETAIL:I Space pee 1000 SF: 11,016 SFf L.000. 11 Spa.0 s incising H. 44 Spacer }NA (IlondealppnJ Ronda Building Cede- From 26 N 50. 2 H.C.Sp.as Parking) Required minimum nanbd d acensiWc queen Retail SKY LOUNGE: ) Spans per E00 SF: 9.583 SE7R00. 12 Spaces indWint H Ci 12 Spaces 136 Spins I Space Per 603 SF (OfFm• 106.343 SF). IPA spoors (mei ding 5 H.C.) °FACE Florida BMW* Code- prom 101 so 150. 5 H.C. Spaces RESTAURANT: 1 Sparc pv ROO SF: 6.1.56 4E500 ...9 Spars inducing KC, 12 Spins F11A (H.'"48ppnl Required minimum number or.00alible spoons Of[roe - - ParPa� SPA: 1 Sparc pa 1000 SR 25350 $I01000- 2 Sp... i.ch,Crrrs H.C. 25 Spaus TOTAL SPACES REQUIRED I.016 1,274 Spaces incl. Z+H-C I Sp.ee per 800;5F: 209,0),25FAd3.261 Sperms i.clurr(q H.C. 315Sy.>r4 nor including Ta.dcm *sera TOTAL: 95I Spaces inchdieg II1.C. (2S6) (3 Vas ao,.oactIblc nultaiod in 1,033 Spoons incL 23 H.C. l9 spem) am including Twmdcm paw (8S) REQUIRED APPROVED e� PROPOSED -_ I.OFw•SrREET LOADING BERTH REQUIREMENTS • Few hceelu(lTo$)for 250.000 ae 500.000 SF. 500.0005F.4 4Butts, (17. S) 4Berths(127135) PHASES I S 2 (PROVIDED LN PHAS6 I ) One. berth (I7.'13S) tor 4say Wicked 500,000SF. 967,301 SF• 2 2 Berths (17155) 2lenhs 112'oS5) -