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HomeMy WebLinkAboutAnalysis - 2nd ModifAnalysis for Substantial Modification to a Major Use Special Permit for the Villa Magna Project (f.k.a. Bayshore Palms MUSP Phase II) located at approximately 1201 Brickell Bay Drive CASE NO. 2004-021 Consideration of a resolution, approving with conditions, a Substantial Modification to a Major Use Special Permit, Resolution No. 98-450, pursuant to Articles 5, 9, 13, 17 and 22 of Zoning Ordinance No. 11000, as amended, for Villa Magna (f.k.a. Bayshore Palms MUSP Phase II) located at approximately 1201 Brickell Bay Drive, Miami, Florida, to construct two residential towers consisting of a total of approximately 909 multifamily units, 209 apartment hotel units with recreational amenities, 32,950 square feet of retail space, and approximately 1,520 parking spaces; to replace the previously approved de- velopment plan as provided on Exhibits "A" and "C," attached hereto; providing for cer- tain Floor Area Ratio ("FAR") Bonuses specified in Exhibit "C" herein. This Permit also includes the following requests: SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, per Article 17, Section 1701, and Article 22 of City of Miami Zoning Ordinance 11000, as amended, to allow a change in the original permit (substantial modification to previously approved Resolution No. 98-450); MUSP, as per Article 17 request for an additional 369 residential units for a total of 909 residential units and 209 hotel units; MUSP, as per Article 17 request for a parking structure consisting of an additional 266 parking spaces for a total of 1,520 parking spaces; MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by twenty percent (137,263 square feet); CLASS II Special Permit, as per Article 6, Section 605, a development bonus of 161,486 square feet (1.0 FAR)(GLA) of additional floor area, and to pay into the Affordable Housing Trust Fund at an amount of $12.40 per square foot = $2,002,426.40; CLASS II Special Permit, as per Article 9, Section 927, to allow temporary off -site parking during construction; CLASS II Special Permit, as per Article 6, Section 605.3.1, for temporary construction fence and covered walkway; CLASS II Special Permit, as per Article 15, Section 1512, (Waiver of Guides and Standards for standard wall or column.); CLASS I Special Permit as per Article 9, Section 906.6, for active recreational facilities; CLASS I Special Permit, as per Article 9, Section 925.3.8, to allow development/construction/rental signage; CLASS I Special Permit, as per Article 9, Section 918.2, for parking and staging during construction; CLASS I Special Permit, as per Article 9, Section 918.2, for parking and staging of offsite parking for construction crews; CLASS I Special Permit, as per Article 9, Section 920.1, to allow a construction trailer and watchman's quarters; Page 1 of 6 CLASS I Special Permit, as per Article 9, Section 920.1, to allow a trailer for construction and other temporary office uses such as leasing and sales; ALL previous approvals granted by Resolution No. 98-450 to remain unchanged except as stated above. REQUEST that the following MUSP conditions be required at the time of Temporary Certificate of Occupancy or Final Certificate of Occupancy instead of at the issuance of foundation permit: a. the requirement to record in the Public Records 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; and b. the requirement to record in the Public Records a unity of title or covenant in lieu of unity of title. Pursuant to Articles 5, 9, 13, 17 and 22 of Zoning Ordinance 11000, approval of the requested a Substantial Modification to a Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. In determining the appropriateness of the proposed project, the Planning and Zoning Department has referred this project to the Large Scale Development Committee (LSDC), the Urban Development Review Board (UDRB) and the Planning & Zoning's 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 new housing opportunities in the Downtown NET District, located on Brickell Bay Drive. • It is found that the subject property is located on Tract "B" of the Bayshore Palms Replat within the Brickell Business District neighborhood of the City. • It is found that the existing zoning designation for the property pursuant to the Zoning Ordinance of the City of Miami, Florida is SD-5 "Brickell Avenue Area Office - Residential District" and the Miami Comprehensive Neighborhood future land use designation for the property is Office Residential. • It is found that the project has convenient access to the Metro Mover system at the Financial District Station, located approximately three blocks west from the subject property, with connections to the Metrorail Stations, for efficient use of existing mass transit systems. • It is found that the proposed density of the project is 447 units per acre, which is below the maximum 500 units per acre permitted for the net 2.5± acre site. • It is found that the proposed project was reviewed by the Design Review Committee on November 4, 2003, and the following pertinent comments were made: The Page 2of6 committee has reviewed the request to delay construction of this project's half of the pedestrian/vehicular entryway from Brickell Bay Drive for three (3) years, and has elected to approve the request, subject to the following conditions: (1) Move the chain link fence further to the north, such that this fence is constructed directly adjacent to the edge of the underground parking area which must be excavated. This fence shall be constructed in a straight line for its entire length and lined with the 6' high ficus hedge, as shown in your proposal; (2) Install the approved pavers up to the edge of the ficus hedge, so that pedestrians will be able to walk on this portion of the walkway, on the north side of the fountain, all the way from Brickell Bay Drive to the bay; and (3) Once the construction on this project's half of the entryway commences, the paving pattern must match exactly the color and material of the southern half. If this is not possible due to availability of materials or fading of colors of the pavers, the applicant must re -construct the entire entryway. • It is found that the project was reviewed by the Large Scale Development Committee on December 1, 2003 to address the technical concerns raised at said meeting. • It is found that the proposed project was reviewed for design appropriateness by the UDRB on December 17, 2003, which recommended approval with the following con- ditions: Awning cover the sidewalk at a reasonable length; Materials will be submit- ted; Brickell Bay Drive fagade to be articulated as in the sketches presented to the UDRB. The Planning and Zoning Department's subsequent review resulted in de- sign modifications that were then recommended for approval to the Planning and Zoning Director. • It is found that the proposed project is located within an Archeological Conservation area and is therefore subject to a Certificate of Appropriateness for any ground disturbing activity within the designated area. • It is found that the proposed development is seeking approval of development bo- nuses for: contribution into the affordable housing trust fund; PUD; underground parking; and retail. These bonuses, in conjunction with the very large gross lot area of the site (due to its location on the water), have a cumulative effect of allowing an extremely large amount of potential development on this site. In a recent study of the bonuses in the Brickell Area, recommendations were made that certain bonuses be eliminated and that the criteria for others be modified. The City Commission heard and accepted the findings and recommendations of the Brickell Bonus Study. Therefore, it is found that with respect to these recommendations, the subject pro- posal should be modified to eliminate the requested underground parking bonus and the retail bonus derived from all retail located along along Primary Pedestrian Path- ways. The reductions will result in a more compatible amount of development ca- pacity on the subject property. • It is found that the subject proposal was reviewed for design appropriateness by the Internal Design Review Committee and recommendations were made that additional liner uses be located along the massive parking garage structure, particularly along Brickell Bay Drive where the massiveness of the parking structure has a detrimental effect on the area. The applicant should continue to work with the Planning and Zon- ing Department to address these concerns and add liner uses to Brickell Bay Drive as well as to appropriately articulate any exposed garage facades. • It is found that with respect to traffic impact from such a dense project, the traffic study has been reviewed and accepted by the City's traffic review consultants; how - Page 3of6 ever, concerns were raised at the Large Scale Development Committee about the need for an updated traffic signalization study for Brickell Avenue as a result of the number of additional cars that this project will generate. The applicant should con- duct the required study and forward findings and a mitigation strategy to the City, County and FDOT as a condition of this approval. • It is found that the proposed project was reviewed by the Historical and Environmental Protection Board on July 20, 2004 which recommended (HEPB 2004- 63) to the City Commission, approval of a Certificate of Appropriateness for ground disturbing activity involving new construction within an Archaeological Conservation Area subject to the following conditions: Archeological monitoring during ground disturbing activity shall be provided by the Archeological and Historical Conservancy, Inc. in accordance with their management plan; The City Archeologist will be notified prior to construction activities and in the event of a significant discovery, as per the management plan submitted; A final report shall be submitted to the City Archeologist documenting the results of this investigation. • It is found that an updated review of the proposed project was provided by Miami - Dade Public Schools in August 6, 2004, which stated that pursuant to the interlocal agreement, of the schools serving this area of application (Southside Elementary - 213% FISH Capacity with proposed project, Shenandoah Middle — 116% FISH, and Booker T. Washington High — 59% FISH), that Southside Elementary meets the review threshold. • It is found that with respect to all additional criteria as specified in Section 1305 of Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate. Based on these findings, the Planning and Zoning 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. 2. Pay all applicable fees due prior to the issuance of a building permit. 3. 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 Department of Planning and Zoning, prior to commencement of construction, demonstrating how the Police Depart- ment recommendations, if any, have been incorporated into the Project security and construction plans, or demonstrate to the Director of the Department of Planning and Zoning why such recommendations are impractical. 4. Obtain approval from, or provide a letter from the Department of Fire -Rescue in- dicating 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 responsibility, building development process and review procedures, as well as specific requirements for fire projection and life safety systems, exiting, vehicular access and water supply. Page 4 of 6 5. 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. 6. Comply with the Minority Participation and Employment Plan (including a Con- tractor/Subcontractor Participation Plan) as submitted to the City's Planning & Zoning Department. 7 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, opera- tion and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. 8. Prior to the issuance of a shell permit, demonstrate to the City that the condomin- ium documents have been filed with the State of Florida; or (b) provide the City with an executed, recordable 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. 9. Provide the Department of Public Works with plans for proposed sidewalk and swale area improvements (including implementation of the Burle Marx Plan for Biscayne Boulevard) for its review and approval prior to the issuance of a build- ing permit. 10. Provide the Department of Planning and Zoning with a temporary parking plan, including an operational plan, which addresses construction employee parking during the construction period, said plan shall include an enforcement plan and shall be subject to the review and approval by the Department of Planning and Zoning prior to the issuance of any building permits and shall be enforced during construction activity. 11. 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 oc- cupying 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 Director of the Department of Planning and Zoning. 12. Pursuant to the UDRB and Planning and Zoning Department's review, the appli- cant shall meet the following conditions; Awning cover the sidewalk at a reason- able length; Materials be submitted; Brickell Bay Drive facade to be articulated as in the sketches presented to the UDRB. 13. The Project shall be modified to eliminate the requested underground parking bonus and the retail bonus derived from all retail located along along Primary Pedestrian Pathways. 14. The applicant shall continue to work with the Planning and Zoning Department to add liner uses to the Brickell Bay Drive frontage of the parking garage as well as to appropriately articulate any exposed garage facades. Page 5of6 15. The applicant shall conduct an updated traffic signalization study for Brickell Avenue and forward findings and a mitigation strategy to the City, County and FDOT. 16. A development bonus to permit 161,486 square feet of floor area to be paid to the Affordable Housing Trust Fund at an amount of $12.40 per square foot = $2,002,426.40 (per Article 6, Section 605). 17. The Applicant shall comply with the conditions of approval by HEPB Resolution # 2004-63 during the development process: Archeological monitoring during ground disturbing activity shall be provided by the Archeological and Historical Conservancy, Inc. in accordance with their management plan; The City Arche- ologist will be notified prior to construction activities and in the event of a signifi- cant discovery, as per the management plan submitted; A final report shall be submitted to the City Archeologist documenting the results of this investigation. 18. 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. Page6of6