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HomeMy WebLinkAboutAnalysisANALYSIS SUBSTANTIAL AMENDMENT TO A PREVIOUSLY APPROVED SUBSTANTIAL MODIFICATION OF A MAJOR USE SPECIAL PERMIT for CIVICA TOWER located at approximately 1060 NW 14th Street, Miami, Florida LEGISTAR FILE ID: 06-01242mm1 The proposed substantial amendment to the previously approved substantial modifica- tion of a Major Use Special Permit will modify the approved MUSP Resolution R-09- 0266 as follows: 1) To decrease the Retail Space from 16,988 square feet to 14, 809 square feet, 2) To increase the General Office Space from 551,452 square feet to 553,631 square feet, 3) To increase the Open Space from 16,895 square feet to 22,675 square feet, 4) To decrease the Footprint from 62,220 square feet to 56,440 square feet, 5) To decrease the number of parking spaces from 1,457 to 1,150, and 6) To in- crease the overall height by one (1) inch. Pursuant to Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for CIVICA TOWER AT THE HEALTH DISTRICT at 1050 NW 14TH STREET MIAMI, FLORIDA 33136, has been submitted and reviewed to allow an application for Substantial Modifications to a previously approved Substantial Modification Resolution R-09-0266 to a Major Use Special Permit approved under Reso- lution No. 06-0735, subject to all applicable criteria as per zoning regulations 11000; Note: All previous approvals remain in full force and effect. In determining the appropriateness of the proposed project, the Planning Department has referred this project to Public Works Department, to the Transportation Administration Division, and to 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, office and commercial opportunities in Allapattah NET District, more specifically north to the Dolphin Expressway at the intersection of NW 11th Avenue and NW 14t" Street. ® It is found that on December 14, 2006 the City of Miami adopted the MUSP for the Civica Towers project. • It is found that on May 28, 2009 the City of Miami adopted the Substantial Modification to a MUSP for the Civica Tower project. • It is found that the zoning designation of the property is G/I (Government and Institution) with SD -10 (Jackson Memorial Hospital Medical Center Overlay District) and SD -19 (Designated F.A R. Overlay District— F.A.R. 3.2). 06-00415mm Page 1 of 5 • 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 "Major Institutional - Public Facilities - Transportation and Utilities". • It is found that the proposed project is not located along a Primary Pedestrian Pathway. • It is found that the proposed project is not located within an Archeological Conservation area • It is found that this Substantial Modification reduces the Retail Space from 16,988 square feet to 14, 809 square feet. • It is found that this Substantial Modification increases the General Office Space from 551,452 square feet to 553,631 square feet. • It is found that this Substantial Modification increases the Open Space from 16,895 square feet to 22,675 square feet. • It is found that this Substantial Modification reduces the Footprint from 62,220 square Feet to 56,440 square feet. • It is found that this Substantial Modification reduces the number of parking spaces from 1,457 to 1,150. • It is found that this Substantial Modification increases the overall height by one (1) inch. • It is found that the Environmental Impact Analysis conducted and updated by Geosyntec Consultants submitted for this Substantial Modification project states that "the Geosyntec project team has not found that the proposed project will result in an overall significant adverse impact to the environment and natural resources at the Site". • It is found that the project is expected to cost approximately $ 137,745,100 and to employ approximately 376 workers during construction (FTE -Full Time Employees); The project will also result in the creation of approximately 30 permanent new jobs (FTE) and will generate approximately $ 1,079,181 annually in tax revenues to the City (2009 dollars). • It is found that on December 31, 2008, the City's Traffic Consultant, URS Corp., provided a Sufficiency Letter - Review #001 concluding that the traffic impact report submitted by the applicant meets all the traffic requirements, identifying the following Transportation Control Measures (TCM) in recognition of utilizing the alternate modes of transportation and higher vehicle occupancy: 1) Car pooling; 2) Ridesharing into the site; 3) Providing bicycle racks. • It is found that on October 29, 2009 the City of Miami Transportation Administration Division issued a sufficiency letter for the updated traffic study stating that "the original sufficiency letter, dated December 31, 2008, provided by the City's traffic consultant, URS Corporation, still apply" 06-00415mm Page 2 of 5 It is found that Miami -Dade County Public Schools, on November 18, 2008, has conducted a public school concurrency review for this application and has determined that the applicable Level of Services (LOS) standards of 100% Florida Inventory of School Housing (FISH) have not been impacted since no new residential units will be built" It is found that on December 18, 2008, and February 25, 2009 the Miami -Dade Aviation Department provided letters regarding to the Airspace Analysis for the proposed project stating that their "review finds that the maximum height of 310 feet AMSL (Above Mean Sea Level) at this location conforms to the amended Miami International Airport (Wilcox Field) Zoning Ordinance, approved by the Miami -Dade County Commission on July 2007". It is found that the proposed project was reviewed by the Internal Design Review Committee on October 13, 2009 and the following revised pertinent comments were made: (1) Provide details of methods and materials that will screen the parking area from view facing NW 14'" Street. Details shall include type of glass and methods for lighting (internal and external), (2) Provide additional treatment that enhances the articulation of the facade, (3) Provide street -side Elevations integrating visually the facades of the parking garage and the office tower, using similar articulation or treatments concealing the separation of the parking structure and tower above. ® It is found that on November 14, 2008, the City of Miami Public Works Department provided a review of the project with the following street improvement: N.W. 14 Street: Replace all damaged sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire width, curb to curb, adjacent to the project site and the - intersection of N.W. 14 Street and N.W. 11 Avenue. It is found that with respect to all additional criteria as specified in Section 1305.2 of Zoning Ordinance 11000, the proposal has been found to adhere to the following Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and Open Space; (5) Vehicular Access and Parking; (6) Screening; (7) Signage and lighting; (8) Preservation of Natural Features; and (9) Modification of Nonconformities. 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 recornmendations 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 06-00415mm Page 3 of 5 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 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 Substantial Modification to a 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: (a) Provide details of methods and materials that will screen the parking area from view facing NW 14`" Street. Details shall 06-00415mm Page 4 of 5 include type of glass and methods for lighting (internal and external), (b) Provide additional treatment that enhances the articulation of the fagade, (c) Provide street -side Elevations integrating visually the facades of the parking garage and the office tower, using similar articulation or treatments concealing the separation of the parking structure and tower above, and (d) Prior of TCU issuance, with conditions of sufficiency letter prepared by the City's Traffic Consultant on Sufficiency Letter - Review #001 of December 31, 2008, and ratified by Miami Transportation Administration on October 29, 2009, 12) Pursuant to comments by the City of Miami Public Works Department, the following conditions shall be required of the applicant: (a) provided a review of the project with the following street improvement: N.W. 14 Street: Replace all damaged sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire width, curb to curb, adjacent to the project site and the -intersection of N.W.14 Street and N.W. 11 Avenue. 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. 06-00415mm Page 5 of 5