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Analysis for Major Use Special Permit for the
Infinity at Brickell Project
located at approximately 40 SW 13th Street
CASE NO. 2004-022
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Infinity at Brickell Project has been reviewed to
allow a Major Use Special Peitnit per Articles 5, 9, 13 and 17, to be comprised of 433
multifamily residential units with recreational amenities, 4,654 square feet of retail space,
and approximately 585 total parking spaces.
This Permit also includes the following requests:
MUSP, as per Article 17 for development of 433 residential units;
MUSP, as per Article 17 for parking structures of approximately 585 parking
spaces;
MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by
twenty percent, 84,000 square feet;
MUSP, as per Article 9, Section 914, a development bonus to permit a mixed use
of 72,047 square feet of floor area will be paid to the Affordable Housing Trust
Fund at the applicable rate at time of petntitting;
CLASS II, as per Article 9, Section 927, to allow temporary off -site parking
during construction;
CLASS II, as per Article 6, Section 607.3.1, for development of new construction
within the Central Brickell Rapid Transit Commercial -Residential District;
CLASS II, as per Article 4, Section 401, for a temporary construction fence and
covered walkway;
CLASS II, as per Article 4, Section 401, for signage approval;
CLASS I, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
CLASS I, as per Article 9, Section 918.2, for parking and staging during
construction;
CLASS I, as per Article 9, Section 918.2, for parking and staging of offsite
parking for construction crews;
CLASS I, as per Section 915.2 for FAA clearance letter;
CLASS I, as per Article 9, Section 906.6, for active recreational facilities;
CLASS I, as per Article 9, Section 920.1, to allow a construction trailer and
watchman's quarters;
CLASS I, as per Article 9, Section 920.1, to allow a trailer for construction and
other temporary office uses such as leasing and sales;
CLASS I, as per Article 9, Section 906.9 to allow for a special event namely a
ground breaking ceremony;
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Note: Designation as a phased development pursuant to Section 2502 of
Ordinance No. 11000.
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 and 17 of Zoning Ordinance 11000, approval of the
requested Major Use Special Permit shall be considered sufficient for the subordinate
peunuits 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) 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
residential and commercial opportunities in the Downtown NET District, located
along SW 13th Street between S. Miami Avenue and S.W. 1st Avenue.
• It is found that the subject property is located in the City of Miami South Plat within
the downtown region of the City.
• It is found that the project has convenient access to the Metro Mover system at the
Financial District Station, located approximately one block east from the subject
property, and the Brickell MetrorailfMetro Mover Station located approximately 1 %2
blocks northwest from the subject property, for efficient use of existing mass transit
systems.
• It is found that, based on the Traffic Impact Analysis Review, applicant/developer is
strongly encouraged to commit to a TCM (Transportation Control Measures) Plan
subject to the review and approval of the Planning and Zoning Director, prior to the
issuance of a building permit..
• It is found that the project was reviewed by the Large Scale Development Committee
on December 16, 2003 to address the expressed technical concerns raised at said
Large Scale Development Committee meeting.
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• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on January 21, 2004, which recommended
approval with the following conditions; Re -study west elevation to match rendering as
provided to UDRB; Parking garage is not flush, it is articulated within 3 foot setback;
Final composition should be detailed as 3D rendering. The Planning and Zoning
Department's review resulted in design modifications that were then recommended
for approval to the Planning and Zoning Director.
• It is found that the proposed project was reviewed by the Miami -Dade County Office
of Historic Preservation on December 10, 2003, which stated that any ground
disturbing activities at the site will be in an archeological conservation area and that a
Certificate of Appropriateness would be required.
• It is found that the proposed project will be reviewed for a Certificate of
Appropriateness by the Historical and Environmental Preservation Board (HEPB) at
its meeting of April 20, 2004, therefore, details of the review are not available at the
time this report went to press. Documentation will be provided by staff at the April
21, 2004 Planning Advisory Meeting indicating the actions of the HEPB from the
prior evening and any conditions will be listed as Item #12.
• 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:
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 Department of Planning and Zoning, 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 Director of the Department of Planning
and Zoning why such recommendations 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 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.
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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 peiiiiit.
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. 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,
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.
7. Provide the Department of Planning and Zoning 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 Department of Planning and Zoning
prior to the issuance of any building permits and shall be enforced during
construction activity. All construction activity shall remain infull compliance
with the provisions of the submitted construction plan; failure to comply may lead
to a suspension or revocation of this Major Use Special Peiinit.
In so far as this Major Use Special Penult includes the subordinate approval of a
series of Class I Special Permits for which specific details have not yet been de-
veloped or provided, the applicant shall provide the Department of Planning and
Zoning with all subordinate Class I Special Permit plans and detailed require-
ments 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.
9. 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 de-
veloped, said plan shall include a proposed timetable and shall be subject to re-
view and approval by the Director of Planning and Zoning.
10. Pursuant to the Traffic Impact Analysis Review, the applicant should address the
six outstanding issues referenced in the URS letter (attached) to the City of Miami
dated February 13, 2004 prior to the issuance of a building peiinit; it is also
strongly encouraged that the applicant commit to a TCM (Transportation Control
Measures) Plan subject to the review and approval of the Planning and Zoning Di-
rector, prior to the issuance of a building permit.
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11. Pursuant to the UDRB's and Planning and Zoning Department's review, the
applicant shall meet the following conditions; Re -study west elevation to match
rendering as provided to UDRB; Parking garage is not flush, it is articulated
within 3 foot setback; Final composition should be detailed as 3D rendering.
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