HomeMy WebLinkAboutPZAB Reso< !] 1, t fi
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-13-007
File ID 11-00380ap1 February 6, 2013 Item PZAB.1
Mr. Ernest Martin offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING
APPROVAL, WITH CONDITIONS (EXHIBIT 1). OF AN ORDINANCE TO THE MIAMI CITY
COMMISSION, AN AMENDMENT TO THE PREVIOUSLY -APPROVED BRICKELL CITICENTRE
SPECIAL AREA PLAN (BCC SAP) PURSUANT TO ARTICLE 3, SECTION 3.9 AND ARTICLE 7,
SECTION 7,1.2,8 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI.
FLORIDA, AS AMENDED, BY CHANGING THE NAME OF THE PROJECT FROM BRICKELL
CITICENTRE TO BRICKELL CITYCENTRE, AND BY ADDING ADDITIONAL PROPERTIES
GENERALLY BOUNDED BY SOUTHEAST 5TH STREET ON THE NORTH, SOUTHEAST 6TH STREET
ON THE SOUTH, SOUTH MIAMI AVENUE ON THE WEST AND SOUTHEAST 1ST AVENUE ON THE
EAST, MIAMI, FLORIDA; THE ADDITIONAL BLOCK "BCCN2" IMPACT CONSISTS OF: A) ADDING
APPROXIMATELY 42,821 SQUARE FEET (0,98 ACRE) OF LOT AREA FOR A TOTAL COMBINED LOT
AREA OF 436,499 SQUARE FEET; B) INCREASING THE RETAIL / ENTERTAINMENT AREA BY
78,765 SQUARE FEET TO A TOTAL OF 634,966 SQUARE FEET: C) INCREASING THE RESIDENTIAL
COMPONENT BY 350 UNITS FOR A TOTAL OF 1,174 UNITS: AND D) INCREASING PARKING
SPACES BY 772 SPACES TO A TOTAL OF 5,519 SPACES. THE SQUARE FOOTAGES ABOVE ARE
APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT NOT TO
EXCEED A TOTAL OF 6,415,877 SQUARE FEET OF FLOOR AREA OR LESS THAN 26.000 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.
Upon being seconded by Mr. Juvenal Pina, the motion passed and was adopted by a vote of
11-0:
Ms. Jennifer Ocana Barnes Yes.
Mr. Chris Collins Yes
Ms. Maria Lievano-Cruz Yes
Mr. Charles A. Garavaglia Yes
Mr. Charles A. Gibson Absent
Ms. Maria Beatriz Gutierrez Yes
Mr. Ernest Martin Yes
Mr. Daniel Milian Yes
Mr. Juvenal Pina Yes
Ms. Janice Tarbert Yes
Ms. Melody L. Torrens Yes
Mr. David H. Young Yes
Francisco r"arcia, Director
Planning and Zoning Department
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Personally appeared before rne, 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.
c� /`� y,., .
SWORN AND SUBSCRIBED BEFORE ME THIS /DAY OF bit
2013. ��E'VANESSA TRUJILLO
n � MY COMMISSIONJI
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/{f/j jl t� r l ��� f « ,. • ERPIFIE3: July 11, 2015
Print Notary Name Nota ublic State of Florida die, Bonded ThruNotary Pu6lcUndewr{ers
Personally know. or Produced l.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
My Commission Expires:
Exhibit 1
File ID 11-00380ap1
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 appropriate time, of
BCCN2 , at the Department's discretion, and to make recommendations concerning security
measures and systems; further submit a report to the Planning and Zoning Department, prior
to commencement of construction, demonstrating how the Police Department
recommendations, if any, have been incorporated into the SAP, as amended, 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 review of BCCN2, 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 BCCN2, now included in the SAP have 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 Miami -Dade County, Florida, prior to the
issuance of any building permit:
Declaration of Covenants and Restrictions for BCCN2, 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 and Zoning Department with a
recorded copy of the documents mentioned in condition (6) above.
8) Provide the Planning and Zoning Department with an amended temporary construction plan,
inclusive of BCCN2, that contains 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 and Zoning 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 or other
agreements and permits as applicable; failure to comply may lead to a suspension or
revocation of this SAP.
9) Prior to the issuance of any building permit, the applicant shall provide the Planning and
Zoning Department for review and approval:
Environmental Impact Statement for amended SAP site, inclusive of BCCN2.
Sufficiency Letter from the City of Miami, Office of Transportation for SAP site, inclusive of
BCCN2.
Final determination of Public School Concurrency and Capacity Reservation for all
residential development within the SAP, inclusive of BCCN2.
Conservation Assessment Report (project location is within an high Archeological
Probability Zone)
Applicants shall work with City staff (Department of Capital Improvements, CIP) to identify
a solution for potential conflicts that may arise between the proposed development of
BCCN2 and the implementation / completion of the Greenway project on SE 5th Street.
Prior to final approval of this amendment, the applicants shall work with City staff (Office of
Transportation) to review alternatives addressing traffic flow throughout Brickell Avenue.
10) The "Brickell CityCentre" SAP 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 and Zoning Director.
12) The applicant shall meet conditions identified in this Ordinance, the "Brickell CityCentre"
SAP and all applicable regulations from local, state and federal agencies.
13) The proposed SAP, inclusive of BCCN2, is located within the Downtown Development of
Regional Impact (DDRI) area. DDRI fees will be calculated based on final program. DDRI
credits for BCCN2 may be reserved upon approval of this amendment; but without
exception, all fees must be paid prior to the issuance of any building permit.
14) Within 90 days of the effective date of this Ordinance, record a certified copy of the
amended Development Agreement specifying that the Development Agreement runs with
the land and is binding on the Applicant, its successors, and assigns, jointly or severally.