CITY COMMISSION DOCUMENTATION

ANALYSIS FOR SPECIAL APPEARANCE
FILE ID:

15-00001ww

APPLICANT:

Iris Escarra, Esquire on behalf of 444 Brickell Partners, LLC 444
Brickell Land Trust

PROJECT NAME:

One Brickell

PROJECT ADDRESS:

444 Brickell Avenue and 77 SE 5th Street

TRANSECT ZONE:

T6-48A-O and T6-48B-0 “Urban Core” Transect Zone

FOLIO NUMBER:

01-0210-000-1060 and 01-0210-000-1020

COMMISION DISTRICT:

District 2, Commissioner, Marc Sarnoff

NET OFFICE:

Downtown

SUBJECT:

APPROVAL OF A SPECIAL APPEARANCE, PURSUANT TO MIAMI CITY
CHARTER 3mm iii AND MIAMI 21 CODE ARTICLE 3, SECTION 3.11, TO
ALLOW MODIFICATION TO THE AGGREGATE SETBACK AND SIDE-YARD
REQUIREMENT, WHICH IS EQUAL IN LENGTH TO AT LEAST TWENTY-FIVE
PERCENT (25%) OF THE WATER FRONTAGE BASED ON AVERAGE LOT
WIDTH. SPECIFICALLY, THE APPLICANT SEEKS TO ENCROACH INTO THE
WATERFRONT VIEW CORRIDOR AT A MAXIMUM LIMITED DISTANCE OF
TWENTY-TWO FEET TEN INCHES (22’-10”) ABOVE THE FIRST STORY.

BACKGROUND
The subject site is located approximately at 444 Brickell Avenue consisting of two lots
that total approximately 3.9 acres. The proposed site’s perimeter borders Brickell
Avenue on the east, SE 5th Street on the south, and Miami River on the north. Prior to
the issuance of any Building permits, the parcels will require a recorded Unity of Title.
Currently, the site features two buildings with one approximately ten (10) stories
abutting Brickell Avenue, which was constructed in 1972 and contains notable
establishments such as the Consulate General of Peru and the Capital Grille
Restaurant. The second office building is approximately three (3) stories constructed in
1976 and faces Miami River. Both buildings will be demolished to allow the proposed
construction of a waterfront mixed-use development encompassing three towers
situated on a podium of approximately eight (8) stories. The approximate height
specifications of each tower are as follows: Tower I, 75 Stories with 674 feet of
Elevation Height; Tower II, 55 Stories with 481 feet of Elevation Height; and Tower III,
80 Stories with 859 feet of Elevation Height. The towers will house Hotel, Residential,
Office, and Commercial uses that includes 249 Lodging units, 1,400 Residential units,
approximately 41,272 square feet of Office space, and approximately 24,463 square

City Commission Documentation
Meeting Date: March 26, 2015
Special Appearance: One Brickell
Page 2

feet of Commercial space serviced by approximately 1,993 parking spaces. A portion of
the commercial space is scheduled to be occupied by the Capital Grille Restaurant. The
development proposal also will include Riverwalk improvements that will link properties
to the east and west of the site.
On November 11, 2014, the Urban Development Review Board (UDRB), passed a
resolution recommending approval of the proposed development to the Director of the
Planning and Zoning Department by a vote of 4 to 0, with a condition that the applicant
provide a construction and demolition phasing study for the project.
As presented, the development site also requires review and approval of other special
permits such as Variances, Exceptions, Warrants, and Waivers, which shall require
separate applications and are not part of this application. The Special Permits being
processed under a separate application are as follows:
1. Waiver; Pursuant to Article 4 Table 4, to allow up to a thirty percent (30%) parking
requirement reduction for properties located within a ½ mile radius of a TOD or within a
¼ mile radius of a Transit Corridor. Proposed development is within the ¼ radius of the
Fifth Street Metromover Station.
2. Waiver; Pursuant to Article 7 Section 7.1.2.5 (a) (28), to allow for a 10% reduction in
Floorplate spacing between Tower I and Tower II. Required spacing is sixty (60) feet
pursuant to Article 5 Section 5.6.1(h). Proposed spacing is fifty eight (58) feet three (3)
inches.
Proposed Floorplate area for either Tower I or Tower II does not exceed the maximum
allowable 18,000 square feet pursuant to Article 5 Section 5.6.2 (b) (2) for Residential
Uses in a T6-Transect Zone. The proposed Floorplate for Tower I is 11,963 square feet.
The proposed Floorplate area for Tower II is 11,972 square feet.
Proposed Spacing between Tower II and Tower III complies with sixty (60) feet four (4)
inches.
3. Waiver; Pursuant to Article 7 Section 7.1.2.5(a) (28), to allow for a 10% increase in
Floorplate length for Tower III. Floorplate does not exceed the maximum allowable
18,000 square feet of area pursuant to Article 5 Section 5.6.2 (b) (2) for Residential Uses
in a T6-Transect Zone. Floorplate for Tower III totals 14,940 square feet.
4. Waiver; Pursuant to Article 7 Section 7.1.2.5 (a) (28), to allow for a 10% reduction of
the required amount of Loading Berths. Ten (10) 12’ x 35’ x 15’ Loading Berths are
required and nine (9) Loading Berths are proposed.
ANALYSIS
The proposal before the Commission is a Special Appearance application that involves
modification of the required Side Setback. The modification will allow an encroachment
of the aggregate Side Setback requirement. Pursuant to Miami 21 Code, Article 3,

City Commission Documentation
Meeting Date: March 26, 2015
Special Appearance: One Brickell
Page 3

Section 3.11 (a) (2), Side Setbacks shall be equal in aggregate to at least twenty-five
percent (25%) of the water frontage of each Lot based on average Lot Width, to allow a
View Corridor open from the ground to the sky, and to allow public access to the
waterfront.
The proposed development site water frontage length is approximately 384 feet 6
inches. This requires a minimum View Corridor aggregate Side Setback between the
west and east Side Setbacks of ninety-six feet zero inches (96’-0”), which is equivalent
to 25% of the water frontage length. The project proposes to provide a minimum thirty
feet zero inches (30’-0”) Side Setback along the west perimeter of the site, which leaves
a minimum of sixty-six feet zero inches (66’-0”) Side Setback required along the east
perimeter of the site facing Brickell Avenue.
Tower II of the development proposal abutting Brickell Avenue will encroach into the
east Side Setback View Corridor by approximately twenty-two feet ten inches (22’-10”),
at a maximum point above the first story within the Brickell Avenue View Corridor. As
illustrated in the Floor Plan Sheets A1-02 through A1-10, the encroachment will leave
approximately forty-three feet two inches (43’-2”) of View Corridor above the first story
at the maximum point of Tower II’s encroachment. Because the proposed
encroachment will occur above the first story the View Corridor will not incur any
adverse effects, with no impediment to the public access and view to the waterfront.
RECOMMENDED ACTION
By motion, approval of Special Appearance to allow maximum limited encroachment of
twenty-two feet ten inches (22’-10”) into the View Corridor above the first story along the
east perimeter of the site abutting Brickell Avenue, pursuant to Miami City Charter 3mm
iii and based on positive findings of Miami 21 Code Section 3.11 (a) (2) and subject to
any conditions imposed through the Waiver Permits being processed under a separate
application.
Attachment:

Office of Zoning Official Referral Write-up, One Brickell Special Appearance Waterfront Setbacks
One Brickell Coordinated Review Committee January 21, 2015 Plan Set.

Report prepared by: Derrick Cook, Planner II