W. TUCKER GIBBS, P.A. ATTORNEY ATLAW COCONUT GROVER 3133, ‘TELEPHONE G05) 448.8486 ‘nckersbegbacom May 30, 2017 VIA HAND DELIVERY olga Hearing Boards office city 444 S.W. Second Avenue, 3 Floor | ¢ Miami, Florida 33130 caring Re: Dear 1101 zon zanora of Mant IRE IV Appeal of Waiver No. 2017-0023, 1111 Brickell Bay Drive, Miami, Florida. Ms. Zamora: I represent TW 1101 owner of the property located at Brickell Bay Drive, Miami, Florida, across the street the proposed development st 1111 Brickell Bay Drive. Hy client appeals the grant of Waiver No. 2017-0023, (attached as Exhibit “A”) which includes the followin 1. Waiver pursuant to section 7.1.2.5(a) (8), allowing up to 2 508 reduction in required parking within the one-half mile of a TOD. 2. Waiver pursuant to section 7.1.2.5(a} (28), permitting the increase in the length of the Proposed building’s floor plate from the required maximum 180 feet to 198 feet. 3. Waiver pursuant to section 7.1.2.5(a) (28), to allow the reduction of the required setback between the proposed building and the property line to the north from 30 feet to 27 feet. 4. Waiver pursuant to section 7.1.2.5(a) (28), allowing 2 reduction in the minimum percentage of retail frontage along Brickell Bay Drive from 70% to 63%. 5. Waiver pursuant to section 7.1.2.5(a) (14), to permit vehicular service and parking access from Brickell Bay Drive -- the principal frontage. 6. Waiver pursuant to section 7.1.2.5(a) (28), permitting the reduction of the required building to allow a reduction in the required separation between the proposed building and the adjacent building from 60 feet to 54 feet.May 30, 2017 Page 2 ‘These six waivers would allow a moze intense project without showing that they relieve practical difficulties in complying with the strict requirements of the Miami 21 Zoning Code. Therefore, the waivers serve to circumvent specific provisions of the Miami 21 Zoning Code Furthermore, the approval of the waivers is contrary to the essential requirements of the law because the apparent standards that are applied in the evaluation of the waivers are vague and undefined and allow virtually unfettered discretion by the decision-maker in their approval Additionally, the waiver document does nct show the factual basis for the approval of the requested waivers and how the waiver approvals comport with any applicable criteria, ‘The approved waiver is contrary to the mixed-use, pedestrian friendly urban environment that is a basis for the Miami 21 zoning code. It authorizes the property owner to maximize its development by pushing the building closer to the northern property line and closer to the existing building to its south. This waiver will result in a more intense development on this site. As stated above, this project will have a profoundly negative impact on the existing residential condominiums and offices as well as future developments on Brickell Bay Drive. Therefore, THI 1101 through this letter appeals the issuance of Waiver No. 2017-0023, regarding the developnent proposed at 1111 Brickell Bay Drive, within the T6-4@A-o Transect. Please note that appellant TW 1101, LLC reserves its right to supplement this letter with additional information prior to the planning zoning and appeals board consideration of this appeal. Sincerely, i “Tucker dle ie ee: TWO 1101, LLCEXHIBIT “A”WAIVER: FINAL DECISION x PLnSETARE MONEE ThATAFINALOERISION ns et LAGAD ON THE FOLGMG MATTER Tide: 1112 Bch ‘Address: 1111 Bickel Bay Drive Final Decision: 1D Approval © Approval with Conditions 1 ent FINDINGS AND CONDITIONS: ‘The subject proposal hasbeen reviewed forthe following Administrative Permit 1. WAIVER request pursuant to Section 7.125|ali) to allow up to a SO% reduction in the cequied parking, when a projects within mile of a transit erientedsdevelopment of within X mile ofa transit Corridor with contribution into the Parking Trust Fund 2, WAIVER request pursuant to Section 7.1.2.5(0)28), to allow up to @ 10% Increase in the maximum floarplate length of 180 10 198 feet above the eighth lor of residentil uses, 3. WAIVER request pursuant to Section 7.1.2.5(a\(28), to allow upto 2 10% reduction of th bulléing side and rear Setback above the eighth floor to 27 fee. ied 30 44. WAIVER request pursuant to Section 7.1.25(a(28), to allow up to a 10% reduction ofthe required ‘minimum 70% ofthe Facade built along Principal Frontage line 1 63%, 5. WAIVER request pursuant to Section 7.1.2 5(a\(), to allow vehicular service and parking access from 23 Principal Frontage. 5. WAIVER cequest pursuant to Section 7.1.2.5(2)28)to allow up to @ 10% reduction on the minimum requied building separation distance rom 60'feet to Stet. 1121 brickell Page of TEWAIVER FINAL DECISION 7. WAIVER request pursuant o Section 7.1.2 5la(20), tallow the sstitution ofthe required commercial loading berth for residential loading berths Inreviewing this application the following findings have been made: Finoinss: ‘is foun that the Zoning designation s urban Core 76-4840) found thatthe representative of record Iris Eseara has provided Letter of inten tha lisa the requested Waves, "1s found thatthe Aretect of Record Jonathan Cardela, has provided signed and certified architectural rawings wit test revision date November 2, 2026. ‘+ 10s found thatthe submited Boundary Survey, prepared by Professional Land Surveyor Daniel C. Fortin NoS28S3,ndieats 105,081 oF 2.413 acres. ‘+ tis found that the proposed development wll contain 897 Multi-Family apartments. n addon, the proposed evelopment will ave commercial use and hotel option, ‘+ tis found thatthe maximum Lot Coverage in T6-424.0 i allowed 84073 square fet and the proposed lt coverage i 62,989 Sa, Fe, below the eighty percent 20%) maximum, ‘+ is found that the propesed development i ia a mile radius of 2 TOD. Pursuant to Atle 4 Table 4, the applicant i requesting» Waiver for 230% reduction ofthe required pking. The development fequies 1034 Parking spaces, wth the eduction and the applicant I peevding 955 parking spaces onsite and sic] parking Spaces on srect. The applicant must pay into an spproved parking rst for seventy-three (73) requled spaces + is found that the proposed project incudesPublc Benefits inthe T6-I84-0 Transect Zone. This project proposes total FLRf 1 613,072 square feet, where 1156,001 squat fet alowed as of ight without Puble Benefits. The applicants requesting 457,071 square fet of Bonus FIR. Public Benefits contributions mist be ai in full poe to obtaining ofa Busing Perm ‘+ Its found that the proposed Bulding Height forthe transect zane excseds the maximum allowed as of Right. ‘The proposed development height inthe T6484. is forty-eight ($8) tors The proposed height is sityone {61) stores, Public Benefits contributions for increased Height, must be paid i ful prior to obtaleing of a Bullding Permit ‘tis found tht letter rom the MPAs requited prior to obtaining 3 Buling Perma, ‘1s Found thatthe proposed development requires a minimum of ceified Siver bythe United Sates Green Bulsing Counc! (USGBC) Leadership in Enersy and Enviconmental Design (LEED) standards or equivalent sondard + is found that Pursuant to Atice 7, Section 7.1.2 (a (10), for projects that exceed 200.000 square feet, @ referral tothe UORB was made, The UDRB approved this projet with condone on December 2, 2016 ©The appiant should only pursue up to 230% parking reduction with a resienta/hotel option, or up toa 50% parking reduction with the hotel option, 12 TheBuldngs north farade should be worked on andthe ground flor needs tobe opened more to pedestrian fendly uses, and the northwest corer needs fo be enhanced 1111 Bickel Page 20f5WAIVER FINAL DECISION ‘+ is found that the proposed development complies with the minim seventy percent 708) of Fagade cated Con the Frontage Line pursuant to Article Section 5.6. ‘is found thatthe proposed project has ben reviewed and complies wih lather Buising Oispostion and Configuration requirements + is found that te apotiant request a Waiver pursuant to Section 7:.25)(28), t allow up to 220% increase in the masimum Noorplate length of 280 to 198" feet above the eighth Noor of residential ses, ‘The design proposes a wedge design tat allows for more access to views of Biscayne ay. ‘+ Itisfound that a Waiver is requested pursuant to Section 7.1.2 S(al(28), to allow up to a 10% reduction of ‘the required 30’ bulding side and rear Setback above the eighth foot t027” feet. This Walver request wll allow a desan which promotes better irow, light and addtional separation between the two towers, ‘+ Its found that a Waiver i requested pursuant to Section 7.1.2 S(a(28), a alow up toa 10% reduction of the required minimum 70% ofthe Facade bult along Principal Frontage ine to 62%. The property ony has Brickell Bay Drive as an accesible street and the confguration ofthe property is unigue ‘is found thatthe applicant is requesting @ Waiver pursuant to Section 7.12.5(a(14, tallow vehicular service and parking acess from a Principal Frontage ‘tis found thatthe applicant is requesting a Waver pursuant to Section 7.1.2 S(a(28to allow upto 20% reduction on the minimum equired building separation distance frotn 60 feet to 54'feet. The project proposes placement ofthe new tower within fity-four (5) feet separation ofthe existing tower. ‘tls found that pursuant to Section 7.1.2.5(a20), the applicant is requesting a Waiver to allow the Substitution of the required commercial loading berth for residential loading berths, The applicant és Droviing thre (3) commercial berths and sb (6) resiental berths. One (3) industial berth wil be substituted by two (2) commercial berths; two (2) residential berths wil be substituted by one (3) commercial loading berth, ‘+ is found that a Landscape Pian is provided. Landscape Plan wil be reviewed for ull compliance at time of “Master Bung Permit An approval rom Environmental Resources forthe removal of tee, applicable is require. ‘ts found that notices have been sent ol abutting property owners and ragtered associations, ‘+ is found that with regard tothe erterla set forth in Atle 7, Section 7.231003) ofthe Miami 23 Code, the pplication has been reviewed and found stint. + is found that onl the deviations discussed inthis Waher are approved. Full compllance with all other Miami 21 Code requirement stil require, conomons: Based on the above findings and the considered advice ofthe officers and agencies consued on tis matter and pursuant to the referenced sections of the Asami 71 Zoning Code, the subject appecation is approved withthe following Conditions subject tothe plans and supplementary materials submited by the applicant and on fe wth the Office of Zoning tte of the Building permit sppiation: 11111 Brickell Page 3of5 atWAIVER FINAL DECISION ‘+ Recorded Unt of Tle or Declsation of Covenant in ley of Unity of Tei required pursuant to Arle 3 Section 3.3.1 and must be provided prior to obtaining 2 Sulding Permit + Include Bollord on the pedestrian path ‘+ Provide eter from the MPA verifying parking paces, prior to obtaining Buling Permit 1+ The Pubic Benefts contributions must be pai prior to obtaining» Bulting Permit. + Payment ate the rst und must be made prior to obtaining» Bung Permit, ‘+ AWarrantis required for Outdoor Dining, “+ Clearance eight must he maintained a fteen (15 feet ‘+The phasing plan of development rowed on shoot Bf the cubmited plans dates Novernber 2,206, ‘+ Avale parking operatorisequied to operate mechanical if parking these sevice are provided. Thsmust be noted on plans at tine of Raster Bulding Permit, ‘+ ADock Master must be presen during leasing hous to asist with deliveries, Arce Removal Permit # applicable, i requited and must be approved prior toa final approval of Master Buling Pert, 1+ Project must comply with Heat Island effet Solar Reflectance for roofing replace pursuant to Atl 3, Section 3.130). 1+ Project must com with Hat inland Mec Salar Reflectance for outdoor hardecape paving materi selected pursuant to Article3, Section 3.13.2(8).2) + Proposed Development requires a minimum of cacfied Silver bythe United States Green Building Counc USGBC) Leacership in Energy ad Ervionmental Design (LEED) standards or equivalent tandads. Provide the {allowing athe time of Bung Fermt application + Proof of Registation with the Green Bulding Certiieation nite, or equivalent agency + Signed and sealed aia rom a LEED Aceredited Prafesional, + ALEED scorecard, or equivalent document, identifying anticipates credits to be achieved + Provide covenant executed by the owner fr maintenance of the ight ova incuding street tees, plants and sod, using pruning methods spcted in Miami 2, pursuant to Arce, Secon 8.5.5, pie to esuance of aBulding permit. ‘Only the deviations escussedin his Waiver are approved. Full ompllance with al other Miami Zoning Code requirements sil required 1211 Brickell age dots TFWAIVER FINAL DECISION ore: ‘The Waiver approvals conitionedon afl review bythe Office of Zoning tine of Buliding permit appcation. Any substantial changes that are may require anew War. Pursuant to Article 7, ection 7.1.2.5, ths WaWer shall vali for a peso of tw [2] years during which a Bldng permit or Certificate of Use must be obtained. A one-time extension, fora period not to exceed an addtional ear, ‘may be obtained upon approval by the Zoning Administrator wore The fl dco of he Zing Adiiatr maybe spelt the Pn Zoe nd a Tapres prey whintae sey shinge nee yHng rae spats! spat ewe hes ot ear bond essa 05 2 oun Hr, an FL Tepan net) 63 a sionmure; 3 N | Awl 1111 Bickel Page ofEXHIBIT “B”om 6012 o0's01s: ‘u|‘o6enjes ‘yO00-L402 weuseM Jo jeadhy "9 Bumoy. oukeosig ‘904 uogens|6031 ys14qqo) jenuLry 812 009018, asiz oo'sess ered sjuouuog juowkeg yunowy uoHeRS!oy idluoseq enss owen tedious wossaaia@oxan Hew eevee? dz a xed 9BPERPPSOE joudo}o, we uoneziueb10 0501 Xom O'd ‘ss0unPy) "M49)PNL ‘sqqiS: sanss] aAnoy pue sjsiAqqo7 peid}sibeuWAIVER FINAL DECISION TE we \ teats 337867" averse site s4oo ng tom Neca at iinsrotr Saeopheanin X Puasa never naTARNALOUESION nas en Aco OF eLWNG MATE Title: 1221 Brick” Address: 1111 Brickell Bay Drive Final Decision Approval Approval with Conditions 1 benia FINDINGS AND CONDITIONS: ‘The subject proposal has been reviewed fr the following Administrative Permit 1. WAIVER request pursuant to Section 7.1.2.5(a8), to allow up to @ SO% reduction in the required Parking, when a project is within mile ofa transit oriented development or within mile ats transit corridor with contrition into the Parking Trust Fund 2. WAIVER request pursuant to Section 7.12 5(a28), 10 allow up to 2 10% increase in the maximum floorpiate length of 180 to 198’ feet above the eighth floor of residential uses, WAIVER request pursuant to Section 7.1.2.5a)(2), a allow upto 10% reduction af the required 30° building side and rear Setback above the eighth oor to 27" feet 4. WAIVER request pursuant to Section 7.1.25(a(28), to allow up to @ 10% reduction of the required ‘minimum 70% ofthe Facade built along Principal Frontage line to 63% 5. WAIVER request pursuant to Section 7.1.2. 5a}, to allow vehicular sevice and parking acess from 3 Principal Frontage, 6. WAIVER request pursuant to Section 7.1.25[a(28}o alow up to @ 10% reduction on the minimum Fequired building separation distance from 60' fest to S#feet 1111 Brickell Page rot 6WAIVER FINAL DECISION 7. WAIVER request pursuant to Section 7.1.2.S(a{10, tallow the substitution af the required commercial loading berth for residential loading berths In reviewing this application the folowing ingngs have been mace: FINDINGS: + is Found thatthe Zoning designations Urban Cor (T6-48A-0) is found thatthe representative of record, In Escarrahas provided a Letter of intent that lists al the requested Waivers, ‘+ Its found thatthe Archtect of Record Jonathan Cardelo, has provid signed and cestited architectural drawings wit ates revision date November 2, 2016, ‘+ Its found that the submited Boundary Survey, prepared by Professional Land Surveyor Daniel C, Fortin NoLS2883, indents 105,091 02.413 acres, ‘+ tis found thatthe proposed development wll contain 897 Mul-Famiy apartments. nation the proposed development will ave commercial use anda hotel option. ‘is found thatthe maximum Lot Coverage in T6-48A-0 is allowed 84,073 square feet and the proposed ot ‘overages 62 983 Sq F, Blow the eighty porcan (20%) maximus, ‘+ Its foun thatthe proposed development i ina mile radius of 8 TOO. Pursuant to Article 4, Tabe 4, the ‘oplicant is requestng a Waiver fora 40% reduction of the required parking Th development requires 1038 Patkog spaces, with the reduction and the applicants previding 955 paring spaces on se and sk (6) parking spaces on street. The applicant must pay nto an approved parking trust for seventy thie (73) required spaces, ‘+ is found thatthe proposed projects includes Pube Benefits inthe T6-4BA-0 Transect Zone. This project broposes sfotalFLR of 1.613.072 square feet, where 1,156,001 square fect allowed as of Right without Public Benefits. The applicant is requesting 457,71 square feet of Sonus FLR. Pubic Benefits contributions must be ad in full prt obtaining of» Busing Permit. ‘+ Its found thatthe proposed Bulag Height forthe transect zone exceeds the maximum alowed as of Right The proposed development height inthe TE-ABA-0 is forty-eight (48) stories. Te proposed height is sity one (st) stores. Puble Benefits contributions fr ineeased Height, must be ald in ful rir to obtaining of Building Permit 1s found that letter fom the MPA is required prior to obtaining 2 Bung Pec + is found thatthe proposed development requires a minimum of cere Siver by the Unite States Green Bulding Council (USGBC) Leadership in Energy and Environmental Osi (LEED) standards or equivalent standards, ‘+ Iti found that Pursuant to Article 7, Section 73.1.2 (a (10), for projets that exceed 200,000 square feet, 3 ‘eferalto the UORS was made. The UDRS approved thi project with cantons on December 23,2026 The applicant should only pursue up toa 30% parking reduction with» residentiat/hatel option, or upto 3 $0% parking reduction withthe hotel option. '© The Buldngs north facade shouldbe worked on and the ground floor needs tobe opened mare to pedestrian rend uses, and the northwest comer needs to be enhanced 1111 Brickell Page 2085, teWAIVER FINAL DECISION ‘+ itis found thatthe proposed development complies wth the minimum seventy prcent 710%) ofFagade located lon the Frontage Line pursuant to Aticle§ Section 56.1(e, ‘tis found thatthe propose projct has been reviewed and complies with al other Bulizing Deposition and Configuration requirement. ‘+ tis found thatthe applicant request a Waiver pursuant to Section 7.1.2.5a)(28), to allow up to 8 10% increase inthe maximum flaarplate length of 190 to 298’ feet above the eighth floor of residential uses ‘The design proposesa wedge design tha allows for more acess to views af Biscayne Bay + is found that a Waiver is requested pursuant to Section 7.1.2 5(3)[28), tallow up toa 10% reduction of the required 20" bulding side and rer Setback above the eighth floor to 27" fet. This Walver request will allow 2 design which promotes better aifow, light ané addtional separation between the two towers. ‘+ Its found that a Waves requested pursuant to Section 7.1.2.2), to allow up to a 10% reduction of the required minimum 70% ofthe Fasade bul along Principal Frontage linet 63%. The property only has Brickell Bay Drive as an accessible street andthe configuration ofthe property unique ‘+ Its found thatthe applicant is requesting Waiver pursuant to Section 7.1.2 5[a(14), to allow vehicular Service and parking acess from a Principal Frontage ‘tes found that the applicant i requesting a Waiver pursuant to Section 7.1.2 5(}(28}ta allow up toa 10% ‘eduction on the minimum required building separation dstance fom 60’ feet to SAfest. The project proposes placement of the new tower within fifty-four (58) fet separation of the existing tower. ‘+ tts found that pursuant to Section 7.1.2.5a){U), the applicant ¢ requesting a Waiver to allow the substitution ofthe required commercial loading berth for residential loading berths. The applicant is Broviding three (3) commercial berths and six (6) residential berths. One (1) industrial berth will be substituted by two (2) commercial berths; two (2) residential berths will be substituted by one (1) commercial loading berth ‘+ itis found that a Landscape lan is provided. Landscape Plan wil be reviewed! for fll compliance at tine ef Master Building Permit. An approval from Enevonmantal Resources forthe removal of tree, f applicable requires ‘+ tis found that notices have been sent toll abutting property owners and rogistred astocations, ‘itis Found that with regare to the teria set forth in Ate 7, Section 7.2.33) ofthe Miami 23 Code, the application has been reviewed and found sufficient ‘+ Its Found that ony the deviations dscustd inthis Wawer are approved. Full compliance wit al other Miami 21 Code requirements s stil require, conormions: Based on the above findings andthe considered advice ofthe officers and agencies consulted on this matter and pursuant to the referenced sections of the Miami 21 Zoning Code, the subject application is approved withthe Following Conditions subject tothe plans and supplementary materals submitted by the applicant and on fe with the Office of Zoning a time ofthe Bulding permit application: 1111 Brickell Page 30f5, wt