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HomeMy WebLinkAboutAnalysis and Mapsti.s�ce.�.tsn City of Miami Land Development Division 9rfafaaI a'M la da l Planning Department ANALYSIS FOR BRICKELL CITY CENTRE 650 SMA & AP AN AMENDMENT TO THE PREVIOUSLY APPROVED BRICKELL CITY CENTRE SPECIAL AREA PLAN (SAP) File ID 4886 Applicant Tobacco Road Property Holdings, LLC, BCC Road Improvement LLC, 2 Indian Creek Holdings LLC (together the "Applicant") represented by Spencer Crowley, Esquire. Location Approximately 500, 602, 614, 622-640 S. Miami Avenue, and 11-55 SW 7 Street, and 19-42 SW 6 Street, Miami, Florida 33130. Commission District District 2 — Ken Russell NET District Downtown- Brickell Planner Sergio Garrido, Planner II Elia Sorice, Planner II A. GENERAL INFORMATION REQUEST: Pursuant to Article 3, Section 3.9, and Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, Tobacco Road Property Holdings, LLC, BCC Road Improvement LLC, 2 Indian Creek Holdings LLC (together the "Applicant") are requesting an amendment to the previously approved Brickell City Centre (BCC) Special Area Plan (SAP) by incorporating two additional city blocks totaling approximately 2.39 gross acres, and referred to as "BCC 650 SMA" and "BCC AP" (collectively, the Subject Property). No change to the underlying zoning or land use designation is proposed as part of the amendment; however, certain modifications to the development Regulations will be incorporated to the Subject Property and will be governed by the BCC SAP Regulating Plan contained in the Appendix E of the Miami 21 Code. The Subject property is comprised by the following addresses: File ID No.4886 BCC SAP 650 SMA & AP BCC SAP 3RD Amendment Page 1 of 16 TableNo.1: Properties to be incorporated into the BCC SAP Address Folio Owner BCC 650 SMA 602 S. Miami Ave 01-4138-070-0010 BCC Road Improvement, LLC 11-55 SW 7 Street & 622-640 S. Miami Ave 01-0205-030-1160 Tobacco Road Prop Owner, LLC BCC - AP 614 S. Miami Ave 01-4138-070-0020 BCC Road Improvement, LLC 42 SW 6 Street 01-0205-030-1040 2 Indian Creek Holdings, LLC 19 SW 6 Street 01-0200-010-1070 2 Indian Creek Holdings, LLC 19 SW 6 Street 01-0200-010-1040 2 Indian Creek Holdings, LLC 500 S. Miami Ave 01-0200-010-1060 BCC Road Improvement, LLC The lot size calculation for the "BCC AP" building site includes the square footage provided by the City of Miami right-of-way closure and vacation of a dead-end portion of SW 6 Street, currently under review by the City of Miami. B. BACKGROUND This request constitutes the third amendment to the Brickell City Centre Special Area Plan, previously approved pursuant to Ordinance No. 13279, by adding two building sites known as "BCC 650 SMA" and "BCC AP" comprising approximately 2.39 acres to the existing 11.57 -acre development project for a total of 13.96 acres across seven city blocks. The "BCC 650 SMA" building site is approximately 1.66 acres in size and is located on the city block north of the existing "BCC W' block. The city block containing the "BCC 650 SMA" is bounded by S. Miami Avenue (southbound) to the north, S. Miami Avenue (northbound) to the east, and SW 7 Street to the south. The "BCC AP" building site consists of 0.73 acres of real property located in the city block north of the "BCC 650 SMA" and contains a portion the SW 6 Street right-of-way which is currently being closed and vacated. Once SW 6 Street is vacated, the "BCC AP" building site will be in the city block bounded by SW Miami Avenue Road to the north, S. Miami Avenue (southbound) the east and south, and by S. Miami Place to the west, as shown in illustration No. 1. The Subject Property's legal description is on file with the City of Miami's Hearing Boards Division and hereby incorporated for reference as "Attachment A". The Subject Property consist of low -scale commercial/office buildings, surface parking lots, and vacant land, which will be demolished and redeveloped pursuant to the proposed BCC SAP amendment. File ID No.4886 BCC SAP 650 SMA & AP BCC SAP 3RD Amendment Page 2 of 16 Illustration No. 1: BCC SAP Development Area Development History BCC -SAP: Brickell City Centre Special Area Plan: Pursuant to Ordinance No. 13279, adopted on July 28, 2011, the City Commission approved the original "Brickell CitiCentre Special Area Plan". The 9.038 -acre SAP is generally bounded by SE 6 Street to the north, Brickell Avenue to the east, SW 1 Avenue to the west, and SW 8 Street to the south. The SAP consisted of approximately 4,680,000 square feet of floor area, 4,341 parking spaces, 19,7000 square feet of civic space at the ground level, and 6,500 square feet of civic space on upper levels. The BCC SAP development has been authorized through the following Permits: BCC SAP Permit 12-000: August 10, 2012, approved the plans for the Core Site (BCCE, BCCW and BCCN) File ID No.4886 BCC SAP 650 SMA & AP BCC SAP 3RD Amendment Page 3 of 16 BCC SAP Permit 12-0002: December 12, 2012, authorized an alternate configuration of the retail concourse through the BCCN block. BCCN2 Amendment: Pursuant to Ordinance No. 13369, adopted on March 28, 2013, the City Commission approved the first amendment to the BCC SAP to include 0.98 of acres of land known as the "N2" block, resulting in a total development area of 10.01 acres. Pursuant to the same Ordinance, the SAP was renamed from "Brickell CitiCentre" to "Brickell CityCentre". BCC SAP Permit 13-0001: October 17, 2013, approved an additional 60,000 square feet of retail by creating a third level of retail in the 6 Street overpass between BCCN and N2. 1BCC Amendment: Pursuant to Ordinance No. 13440, adopted on March 27, 2014, the City Commission approved the second amendment to the original BCC SAP to include 1.55 acres of land known as "One BCC', resulting in a total development area of 11.57 acres. BCC SAP Permit 15-0002: July 1, 2015, approved a master sign package for the BCC Project. BCC SAP Permit 16-0001: February 24, 2016, approved outdoor seating on the ground level for the East Hotel. BCC SAP Permit 16-0002: October 26, 2016, approved a tower sign for the East Hotel. BCC SAP Permit 16-0003: October 28, 2016, approved a podium wall sign for the Apple tenant. BCC SAP Permit 17-0001: March 22, 2017, approved a Master Sign Package for three blocks of the SAP. BCC SAP Permit 18-0001: January 24, 2018, approved a tower sign for the East Hotel. BCC SAP Permit 18-0002: February 2, 2018, approved two Ground/Freestanding Signs for the BCC East block. Proposal The proposed development program for the building sites to be added to the Brickell City Centre SAP pursuant to this amendment includes approximately 972 residential dwelling units, 87,284 square feet of commercial space, and 1,231 parking spaces within two separate buildings. The proposed SAP will entitle the Applicant to amend development standards of the previously approved Regulating Plan related to parking, pedestal height, loading, and civic space. File ID No.4886 BCC SAP 650 SMA & AP BCC SAP 3RD Amendment Page 4 of 16 Table No.1: BCC DEVELOPMENT DATA *Total FLR Area includes loading, service, circulation, and above grade parking C. FUTURE LAND USE MAP (FLUM) AND ZONING DESIGNATION Pursuant to the Miami 21 Zoning Atlas and Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan (MCNP), the Subject Property are zoned Urban Core Transect — Open "76 -48b -O" and are designated "Restricted Commercial', respectively. The proposal does not include a zoning or FLUM amendment. D. ANALYSIS The Appendix E: Brickell City Centre Regulating Plan governs all development within the previously approved BCC SAP and proposed 650 SMA and AP amendment. The Regulating Plan, Design Guidelines, and Concept Book, supported by the required Development Agreement, provide regulations and design standards for future development on the site. The following is a review of the request pursuant to the Special Area Plan criteria under Article 3, Section 3.9 and Section 3.9.1 and Article 7, Section 7.1.2.8 of the Miami 21 Code. The Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Section 3.9: The purpose of a Special Area Plan further is to encourage the assembly and master planning of parcels greater than nine (9) Abutting acres in size, in order to provide greater integration of public and private improvements and Infrastructure; to enable Thoroughfare connectivity; to encourage a variety of Building Heights, massing and Streetscape design, and to provide high quality design elements, all in order to further the intent of this Code expressed in Article 2. File ID No.4886 BCC SAP 650 SMA & AP BCC SAP 3RD Amendment Page 5 of 16 BCC Existing BCC 650 SMA I BCC AP BCC Total Zoning T6 -48b -O / SAP (Special Area Plan) Lot Area 503,948 sf (11.57 acres) 72,282 (1.66 acres) 1 32,005 (0.73 acres) 608,235 (13.96 acres) Program (FLR Area*) Residential 2,572,712 1,400 units 728,371 588 units 502,340 384 units 3,803,423 2,358 units Retail 723,575 84,009 3,275 810,859 Office 961,400 N/A N/A 961,400 Hotel 724,880 474 keys N/A N/A 724,880 474 keys Total 7,005,679 1,236,202 794,595 9,036,476 Parking Above Grade 3,395 spaces 832 spaces 399 spaces 4,626 spaces Below Grade 1,669 spaces N/A N/A 1,669 spaces Total 5,064 spaces 832 spaces 399 spaces 6,295 spaces Open Space 172,909 sf (34%) 18,211 sf (25%) 11,618 sf (36%) 202,738 sf (33%) *Total FLR Area includes loading, service, circulation, and above grade parking C. FUTURE LAND USE MAP (FLUM) AND ZONING DESIGNATION Pursuant to the Miami 21 Zoning Atlas and Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan (MCNP), the Subject Property are zoned Urban Core Transect — Open "76 -48b -O" and are designated "Restricted Commercial', respectively. The proposal does not include a zoning or FLUM amendment. D. ANALYSIS The Appendix E: Brickell City Centre Regulating Plan governs all development within the previously approved BCC SAP and proposed 650 SMA and AP amendment. The Regulating Plan, Design Guidelines, and Concept Book, supported by the required Development Agreement, provide regulations and design standards for future development on the site. The following is a review of the request pursuant to the Special Area Plan criteria under Article 3, Section 3.9 and Section 3.9.1 and Article 7, Section 7.1.2.8 of the Miami 21 Code. The Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Section 3.9: The purpose of a Special Area Plan further is to encourage the assembly and master planning of parcels greater than nine (9) Abutting acres in size, in order to provide greater integration of public and private improvements and Infrastructure; to enable Thoroughfare connectivity; to encourage a variety of Building Heights, massing and Streetscape design, and to provide high quality design elements, all in order to further the intent of this Code expressed in Article 2. File ID No.4886 BCC SAP 650 SMA & AP BCC SAP 3RD Amendment Page 5 of 16 Criteria 1 Section 3.9.1.a: "The single or multiple owner(s) of Abutting properties in excess of nine (9) acres may apply for a rezoning to a Special Area Plan". Analysis: The proposed amendment to the Brickell City Center Special Area Plan (SAP) consists of the addition of two building sites identified as BCC 650 SMA and BCC AP, with a combined lot area of 2.39 gross acres. Collectively, the Brickell City Center SAP will total approximately 13.96 gross acres. The BCC SAP, inclusive of the Subject Property, will be developed as a contiguous site. Findings: Consistent. Criteria 2 Section 3.9.1.b: "A Special Area Plan shall be approved by the process of rezoning with or without Transect Changes." Analysis: The Subject Property are currently zoned T6 -48b-0 and have a future land use designation of "Restricted Commercial'. The proposal to incorporate the subject properties into the Brickell City Centre Special Area Plan (SAP), as amended, does not require a change to the underlying zoning or land use designation. Findings: Consistent. Criteria 3 Section 3.9.1.c: "A Special Area Plan shall assign Thoroughfares, Transect Zones and Civic Space Types, with appropriate transitions to Abutting areas. Guidelines for Thoroughfares and Public Frontages may be adjusted to the particular circumstances of the Special Area Plan". Analysis: Thoroughfares and Civic Space Types with appropriate transitions to abutting areas have been assigned, as illustrated in the plans submitted. The proposed thoroughfare plan and Civic Space Types and Open Spaces are consistent with the requirements of Miami 21 and are compatible with the previously approved Brickell City Centre SAP, as amended. Consistent with previous amendments to the BCC SAP, the proposed development has placed emphasis on public realm improvements. Design elements such as street furniture, landscaping, and bicycle and pedestrian infrastructure, as illustrated in the Concept Book and Design Guidelines, have been coordinated with streetscape enhancements of the existing SAP development. Furthermore, the applicant has identified opportunities to make connections to adjacent areas, Brickell, and the Miami River through the incorporation of ground -level Civic Spaces, public realm improvements underneath and adjacent to S. Miami Avenue bridge, and contributions to the Underline development. File ID No.4886 BCC SAP 650 SMA & AP BCC SAP 3RD Amendment Page 6 of 16 The Subject Property to be incorporated into the BCC SAP includes 8,400 square feet (0.19 acres) of City of Miami right-of-way which has not yet been replatted and will be subject to subdivision regulations within City Code Chapter 54 and 55 prior to building permit. Findings: Consistent. Criteria 4 Section 3.9.1.d: "A Special Area Plan shall include a map of the Thoroughfares and Transect Zones, and the standards that deviate from the requirements of Article 5" Analysis: The Applicant has submitted a Concept Book through the SAP amendment process that maps Thoroughfares and Transect Zones. The Concept Book and Regulating Plan both highlight the SAP's deviations from Miami 21. Findings: Consistent. Criteria 5 Section 3.9.1.e: "A Special Area Plan shall assign at least five percent (5%) of its aggregated Lot Area to a Civic Space Type. Civic Building sites are to be located within or adjacent to Civic Space Types or at the axial termination of significant Thoroughfares. The developer shall be responsible for constructing the public improvements within the Special Area Plan, including but not limited to the Civic Space Types and Thoroughfares" Analysis: The total BCC 650 SMA and BCC AP amendment area is approximately 104,287 square feet (2.39 gross acres), which results in a requirement of 5,214 square feet of Civic Space. The amendment proposes approximately 3,418 square feet of ground level Civic Space for the BCC 650 SMA site and 8,300 square feet of ground level Civic Space for the BCC AP site, for a total of 11,718 square feet (11 % of the combined Lot Area). Collectively, the BCC development provides approximately 58,400 square feet of Civic Space, representing 9.61 % of the combined Lot Area. Findings: Consistent. Criteria 6 Section 3.9.11: "Development within the Special Area Plan shall be pursuant to a recorded development agreement that will establish the allocation of Thoroughfares and Civic Space Types and Building Area among the Building sites, and the creation and retention of the public benefits". Analysis: A new Development Agreement (Draft) between the Applicant and the City of Miami for the Subject Property has been submitted in accordance with the above criteria and will File ID No.4886 BCC SAP 650 SMA & AP BCC SAP 3RD Amendment Page 7 of 16 be considered by the City Commission. The existing Development Agreement is proposed to remain active for the originally approved Brickell City Centre SAP, and subsequent amendments. Findings: Consistent; however, the Planning Department recommends approval of a single, amended Development Agreement. The BCC SAP, inclusive of the Subject Property, will be developed as a contiguous site with the original BCC SAP applicant as a property owner. In the instance of this amendment, a separate Development Agreement is not required. Criteria 7 Section 3.9.1.g: "Unless a Building is specifically approved as part of the Special Area Plan, any Building shall be reviewed by the Planning Director, after referral to and recommendation from the CRC for conformance to the Plan, prior to issuance of the Building Permit". Analysis: Coordinated Review Committee (CRC) is scheduled for October 12, 2018 and Urban Design Review Board (UDRB) will review the proposal prior to the Planning, Zoning, and Appeals Board (PZAB) hearing. The BCC 650 SMA and AP amendment is governed by a set of plans entitled "Brickell City Center Special Area Plan Amendment — V Amendment, 650 SMA & AP" as prepared by Arquitectonica and Kimley Horn, consisting of 86 pages dated, stamped, and received by Hearing Boards on September 26, 2018. Findings: Conditionally consistent. Refer to Condition #17 and #18. Criteria 8 Section 3.9.1.h: A Special Area Plan may include: 3.9.1.h.1: A differentiation of the Thoroughfares as a Primary -Grid (A -Grid) and a Secondary -Grid (B -Grid). Buildings along the A -Grid shall be held to the highest standard of this Code in support of pedestrian activity. Buildings along the B -Grid may be more readily considered for automobile -oriented standards allowing surface parking lots, unlined parking decks, and drive-throughs. The Frontages assigned to the B -Grid shall not exceed 30 -percent of the total length within a Special Area Plan. For Frontages on the B -Grid, parking areas may be allowed in the Second Layer. Analysis: A differentiation of the Thoroughfares as a Primary streets and Secondary streets has been submitted as shown on Sheet A2.01 of the Concept Book. Site constraints related to lot shape, size, and proximity to the S. Miami Avenue bridge, result in a design that has limited compliance with the above standard and intent of Miami 21. Development standards and the SAP Permit Review Process have been incorporated into the amended Regulating Plan which provide additional criteria to improve pedestrian environment and circulation through and around the site, and for better articulation of blank Facades along the street edge. File ID No.4886 BCC SAP 650 SMA & AP BCC SAP 3RD Amendment Page 8 of 16 Findings: Conditionally consistent. Refer to Condition #25, #26 and #27. 3.9.1.h.2: Retail Frontage requiring that a Building provide a Commercial Use at sidewalk level along the entire length of the Frontage. The Commercial Use Building shall be no less than 70 -percent glazed in clear glass and provided with an Awning overlapping the sidewalk as generally illustrated in Article 4, Table 6. The first floor should be confined to Retail Use through the depth of the Second Layer. Analysis: Section 5.6.5 of the Regulating Plan requires a minimum of 50% transparency along the ground level of Retail Frontages which may include display windows. The proposed development is designed to meet this standard. Proposed modifications to the Regulating Plan permit display windows to count towards up to twenty-five percent (25%) of the ground level transparency requirement through the SAP Permit process. Findings: Conditionally consistent. Refer to Condition #28. 3.9.1.h.3: Gallery or Arcade Frontage, requiring that a Building provide a permanent cover over the sidewalk, either cantilevered or supported by columns. The Gallery or Arcade Frontage may be combined with a Retail Frontage as shown in Article 4, Table 6. Gallery or Arcade Frontage within the First Layer may apply towards Open Space requirements. Analysis: Due to site constraints related to lot shape, size, and proximity to the SW 6 Street roundabout, Article 4, Table 6 of the Regulating Plan will be amended to include an Arcade Frontage in combination with a Retail Frontage. Findings: Conditionally consistent. Refer to Condition #29. 3.9.h.4: Build -to -lines that differ from Transect Zone Setback requirement. Analysis: Build -to -lines differ from the Transect Zone setback requirements as depicted in Article 4 Table 2 and Illustrations 5.6 of the BCC SAP Regulating Plan. Findings: Consistent. 3.9.h.5: A Terminated Vista location, requiring that the Building be provided with architectural articulation of a Type and character that responds to the location. Analysis: The location of Terminated Vistas is illustrated on Sheet C0.30 of the Design Guidelines. The proposed development has been designed accordingly. Findings: Consistent. File ID No.4886 BCC SAP 650 SMA & AP BCC SAP 3RD Amendment Page 9 of 16 3.9.h.6: A Pedestrian Passage, requiring a minimum twenty (10) foot wide pedestrian access be reserved between Buildings. Analysis: Section 5.6.1.i. of the Regulating Plan will be amended to require a cross block Paseo providing a clear path of a minimum of ten (10) feet in width for the BCC 650 SMA and BCC AP development sites. The Paseo shall be lined with active uses having frequent doors and windows and any deviations shall be approved by SAP Permit. Findings: Conditionally consistent. Refer to Condition #25. 3.9.h.7: A preservation plan acceptable to the Historic and Environmental Preservation Board for any historic resources in the area of the Special Area Plan. Analysis: The SAP shall comply with all requirements of Chapter 23 of the City of Miami Code of Ordinances. Findings: Consistent. 3.9.h.8: Area Design Guidelines. Analysis: The Applicant has submitted an amended Regulating Plan, Design Guidelines, and Concept Book for the proposed amendment, attached hereto as Attachment "B", Attachment "C", and Attachment "D". Findings: Consistent 3.9.h.9: A parking management program that enables shared parking among public and private Uses. Analysis: Shared parking is permitted pursuant to Article 4, Table 5 of the Regulating Plan. Findings: Consistent. 3.9.h.10: Flexible allocation of development capacity and Height, excluding Density on individual sites within the Special Area Plan, shall be allowed so long as the capacity or Height distribution does not result in development that is out of Scale or character with the surrounding area, and provides for appropriate transitions. Analysis: The proposed project is consistent with the development standards of the Regulating Plan and is in character with the previously approved BCC SAP. File ID No.4886 BCC SAP 650 SMA & AP BCC SAP 3RD Amendment Page 10 of 16 Findings: Consistent. The following is a review of the request pursuant to the criteria under Article 7 and Section 7.1.2.8.f. of Miami 21. The Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Criteria 9: 7.1.2.8.f.1(a): "The relationship of the proposed amendment to the goals, objectives and policies of the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code; and other city regulations. (b) The need and justification for the proposed changes necessary." (a) The proposed amendment is consistent with the underlying Transect Zone of T6 - 48b -O and the Future Land Use Map designation of Restricted Commercial. No change to the underlying zoning or land use designation is proposed as part of the amendment. (b) The amended SAP is designed to meet the intent and development standards of the previously approved Brickell City Centre Special Area Plan. The amended SAP will benefit the area by creating residential units and commercial uses, promoting its interaction and making connections with the adjacent areas, Brickell, the Miami River and Downtown. Criteria 10: 7.1.2.8.f.2: "A change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide proper transitions in intensity and scale". Findings: The proposed amendment will incorporate the Subject Property into the Brickell City Centre Special Area Plan, as amended, not requiring a change in the underlying Transect or Future Land Use designation; however, the specific changes proposed to the Subject Property are in accordance with the Regulating Plan for said BCC SAP. Criteria 11: 7.1.2.8f.3: "Special Area Plans shall be adopted by rezoning pursuant to the provisions of Section 3.9." See Criteria 3.9.1.a -3.9.1.g. Finding: In determining the appropriateness of the proposed expansion of the Brickell City Centre Special Area Plan, as amended, the Planning Department deemed that addition of the Subject Property into the BCC SAP and the proposed design, does not adversely affect the intent of the Miami 21, as well as the goals and objectives of the previously approved Brickell City Centre Special Area, as amended. File ID No.4886 BCC SAP 650 SMA & AP BCC SAP 3RD Amendment Page 11 of 16 E. ADDITIONAL REVIEW REQUESTED Urban Development Review Board (UDRB) Coordinated Review Committee (CRC): As part of the CRC, feedback of the following agencies and offices was requested: City of Miami Net Office Environmental Resources Public Works Office of Zoning Capital Improvements Fire Department Code Compliance Office of Transportation Building Department Parks and Recreation Resiliency and Sustainability Office Miami Dade County Aviation Department Public Works District 6- Transportation Division of Environmental Resources Management (DERM) Miami River Commission F. CONCLUSION The Applicant's submitted materials and analysis provided as part of the Brickell City Centre SAP Amendment application are consistent with the intent of Miami 21, the Miami Comprehensive Neighborhood Plan, and other relevant city regulations. G. RECOMMENDATION Pursuant to Article 3 and Article 7 of Miami 21 (Ordinance 13114), as amended, and the aforementioned findings, the Planning Department recommends Approval with conditions of this amendment to the Brickell City Centre SAP. H. CONDITIONS Based on analysis and findings, the Planning Department recommends Approval of the Brickell City Center SAP Amendment with the following conditions: 1) The development shall be substantially in accordance with the Concept Book and Design Guidelines entitled "Brickell City Centre SPECIAL AREA PLAN AMENDMENT - 3rd AMENDMENT, 650 SMA & AP" as prepared by Arquitectonica and Kimley Horn consisting of 86 pages and 76 pages, respectively, dated stamped received by Hearing Boards, September 26, 2018. 2) The Applicant, owner, or successor shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process. File ID No.4886 BCC SAP 650 SMA & AP BCC SAP 3RD Amendment Page 12 of 16 3) The Applicant, owner, or successor will provide a landscape plan prepared by a certified landscape architect to be submitted to the Planning Department for approval. 4) The Applicant, owner, or successor must 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. 5) The Applicant, owner, or successor must comply with all applicable regulation of Chapter 24 entitled "Environmental Regulations" of the Miami Dade County Code as amended. 6) The Applicant, owner, or successor must allow the Miami Police Department to conduct a security survey, at the Department's discretion, 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 SAP security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 7) 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. 8) Obtain approval 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 obtaining a building permit. 9) Show compliance with the Minority Participation and Employment Plan (including a Contractor / Subcontractor Participation Plan) which shall be submitted to the City prior to the issuance of any building permit. The Applicant, owner, or successor shall follow the provisions of the City's Minority Women Business Affairs and Procurement Program as a guide, as applicable. 10) Record the following in the Public Records of Miami -Dade County, Florida, prior to the issuance of any building permit: a. Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all Civic and Open Spaces, and any related improvements located thereon, shall be the responsibility the property owner(s), their successor(s), or their designee in perpetuity; and b. 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. 11) Provide the Planning Department with a temporary construction plan that addresses construction phasing and includes the following elements: a. Temporary construction parking plan, with an enforcement policy; b. Construction noise management plan with an enforcement policy; and File ID No.4886 BCC SAP 650 SMA & AP BCC SAP 3RD Amendment Page 13 of 16 c. 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 SAP. 12) As applicable, BCC Road Improvement, LLC, and others, as defined in the approved SAP, shall be responsible for securing the City's approval for any change or modification to the approved temporary construction plan. Request for approval of any change or modification to the previously approved temporary construction plan shall be submitted for review and approved no later than two weeks prior to implementation of requested change or modification. 13) Prior to the issuance of any building permit, the Applicant, owner, or successor shall provide the Planning Department for review and approval: a. Environmental Impact Statement and final reports for the amended SAP site, inclusive of "BCC 650 SMA" and "BCC AP". b. Provide a current and complete survey with acreage of all lots included in the amended SAP site, inclusive of "BCC 650 SMA" and "BCC AP". c. Sufficiency Letter from the City of Miami, Office of Transportation for the amended SAP site, inclusive of "BCC 650 SMA" and "BCC AP". d. Final determination of Public School Concurrency and Capacity Reservation. e. Conservation Assessment Report (project is located within a high Archeological Probability Zone). f. Proof of compliance with conditions established by the following department or agencies: • City and County Public Works Departments • Miami -Dade County Water and Sewer • Miami -Dade County Traffic Engineering Division • Florida Department of Transportation (FDOT) 14) The Applicant shall propose specific resilience measures that will apply to the SAP given the project's location in the Coastal High Hazard Area. Those measures shall be reviewed by the City of Miami Office of Resilience prior to City Commission second reading. 15) The Brickell City Centre SAP includes a Development Review Process which addresses the build out of the project as identified in the Regulating Plan. All development within this SAP shall be submitted for review by SAP Permit and approved by the Planning Director prior to the issuance of any building permit consistent with the requirements of Sec. 3.9.1.g. of Miami 21 and the SAP. 16) 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 developed in compliance with Miami 21, Article 9, which addresses design details for the land occupying future phases of this Project in the event File ID No.4886 BCC SAP 650 SMA & AP BCC SAP 3RD Amendment Page 14 of 16 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. 17) The Applicant, owner, or successor shall comply with the recommendations of the Urban Development Review Board (UDRB). 18) The Applicant, owner, or successor shall comply with the recommendations of the Coordinated Review Committee (CRC). 19) All art installed in Civic Spaces shall be reviewed and approved through the Public Art Division. 20) The Applicant, owner, or successor shall obtain a certificate to dig prior to any ground disturbing work. 21) The proposed SAP, inclusive of "BCC 650 SMA" and "BCC AP", is located within the Downtown Development of Regional Impact (DDRI) area. DDRI fees will be calculated based on final program. DDRI credits for "BCC 650 SMA" and "BCC AP" may be reserved upon approval of this amendment; but without exception, all fees must be paid prior to the issuance of any building permit. 22) The Applicant, owner, or successor shall meet conditions identified in this Ordinance, with the SAP and all applicable local, state, and federal regulations. 23) 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. Reaulatina Plan Conditions 24) Article 4, Table 5, Building Function: Parking and Loading of the Regulating Plan shall permit a reduction in required loading berths by SAP Permit to be accompanied by a loading feasibility study. 25) Section 5.6.1.i. Building Disposition (T6) of the Regulating Plan shall require a cross -block Paseo providing a clear path of a minimum of ten (10) feet in width for the "BCC 650 SMA" and "BCC AP" development sites from SW 7 Street to S. Miami Avenue (southbound), and from S. Miami (southbound) to SW Miami Avenue Road, respectively. The Paseo shall be lined with active uses having frequent doors and windows and any deviations shall be approved by SAP Permit. 26) Section 5.6.2.f Building Configuration (T6) of the Regulating Plan shall permit loading access from all Frontages by SAP Permit. Architectural treatments applied to exposed spaces shall create a finished appearance. 27) Section 5.6.4.a. Parking Standards (T6) shall permit above ground parking to extend into the Second Layer by SAP Permit, if an art, glass treatment or Architectural Treatment, of a design to be approved by the Planning Director, with the recommendation of the Urban Development Review Board (U DRB), is provided for one hundred (100%) percent of that portion of the Pedestal Facade. File ID No.4886 BCC SAP 650 SMA & AP BCC SAP 3RD Amendment Page 15 of 16 28) Section 5.6.5.b. Architectural Standards (T6) of the Regulating Plan shall permit display windows to count towards up to twenty-five percent (25%) of the ground level transparency requirement by SAP Permit. 29) Article 4, Table 6 Frontages of the Regulating Plan shall permit an Arcade Frontage with a minimum width of 8' in the BCC 650 SMA development site only. Development Agreement Conditions 30) The Development Agreement shall incorporate an "Archeology" section as conditioned by the Preservation Office pursuant to Chapter 23 of the City of Miami's Code of Ordinances and the Secretary of Interior Standards and attached hereto as "Attachment E". 31) Section 8 of the Development Agreement shall be revised to eliminate the "Fire Station" and "Landscaping and Hardscaping Improvements at the Miami Avenue Roundabout" language related to public benefits. 32) Section 11 of Development Agreement shall limit the Retail Specialty Center designation of "BCC 650 SMA" to four (4) Alcohol Service Establishments and one (1) Liquor Package Store, consistent with Chapter 4, of the City of Miami's Code of Ordinances, as amended. he "BCC AP" building site shall be entitled to two (2) Alcohol Service Establishment and one (1) Liquor Package Store, consistent with Chapter 4, of the City of Miami's Code of Ordinances, as amended, and all the establishments allowed in "BCC AP" shall be approved by SAP Permit. 33) The Applicant, owner, or successor shall provide a single, amended Development Agreement for the SAP in accordance with Article 3, Section 3.9.1.f. of Miami 21. Jac line Es Chief�oef Lang Development Attachment A: Legal Description Attachment B: Regulating Plan Attachment C: Design Guidelines Attachment D: Concept Book Attachment E: Preservation Office Condition Rev. 10/17/18 File ID No.4886 BCC SAP 650 SMA & AP BCC SAP 3R1 Amendment Page 16 of 16 05 391 A no 0 00 // AERIAL FILE ID: 4886 SPECIAL AREA PLAN (SAP) N ADDRESSES: 19 SW 6 ST, 500 S MIAMI AV, 11-55 SW 7 ST & 622-640 S MIAMI AV, 42 SW 6 ST, 614 S MIAMI AV, AND 602 S MIAMI AV 0 62.5 125 250 Feet Subject Property