HomeMy WebLinkAboutMUSP AnalysisAnalysis for Major Use Special Permit for the
500 Brickell Project located at approximately 550 Brickell Avenue and 41, 47, 51,
57, 59 and 65 SE 6th Street
CASE NO. 2004-052
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the 500 Brickell Project has been reviewed to allow a
Major Use Special Permit per Articles 5, 13 and 17, to be comprised of two 42-story
towers housing 633 total multifamily residential units with recreational amenities, 20,497
square feet of retail, and 857 total parking spaces with the two towers being connected
at roof level.
This Permit also includes the following requests:
MUSP, as per Article 9, Section 914, a development bonus to permit a mixed
use of 161,486 square feet of floor area will be paid to the Affordable Housing
Trust Fund at the applicable rate at time of permitting;
MUSP, as per Article 17 for development of 633 residential units;
MUSP, as per Article 17 for parking structures of approximately 857 parking
spaces;
MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by
twenty percent, 103,075 square feet;
SPECIAL EXCEPTION, as per Section 915.2 for FAA clearance letter;
VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended,
Article 6 Section 607.3.2.1, Schedule of District Regulations, required accessory
structure in north street side yard;
Required rear yard 15 feet
Proposed 2.10 feet
Request to waive 12.9 feet
VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended,
Article 6 Section 607.3,2.1, Schedule of District Regulations, required accessory
structure in south street side yard;
Required rear yard 15 feet
Proposed 2.10 feet
Request to waive 12.9 feet
CLASS II, as per Article 9, Section 922.1 and 923.2, a request to reduce
required loading berth from 12 x 55 for two 12 x 35;
CLASS II, as per Article 6, Section 605.3.1, for development of new construction
within the Brickell Avenue Area Office -Residential District;
CLASS II, as per Waiver of Guides and Standards to allow 22.8 backup;
CLASS II, as per Article 6, Section 605.3.1 and 606.3.1, for a temporary
construction fence and covered walkway;
CLASS 1, as per Article 9, Section 906.6, for active recreational facilities
(including swimming pools);
CLASS II, as per Article 9, Section 927, to allow temporary off -site parking during
construction;
CLASS II, as per Article 6, Section 605 and 606.3.1, for signage approval;
CLASS 1, as per Article 9, Section 906.9 to allow for a special event namely a
ground breaking ceremony;
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CLASS I to permit staging and parking during construction (to be approved prior
to obtaining a building permit from the Department of Planning and Zoning);
CLASS I, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
CLASS I, as per Article 9, Section 920.1, to allow a construction trailer and
watchman's quarters.
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, 13 and 17 of Zoning Ordinance 11000, approval of the requested
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) 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 Brickell Avenue Street between SW 5th Street and SW 6th Street.
• It is found that the subject property is located in the Brickell's Addition to Miami Plat
within the Brickell Village neighborhood of the City.
• It is found that the project has convenient access to the Metro Mover system at the
Fifth Street Station, located approximately %-block west from the subject property,
for efficient use of existing mass transit systems.
• It is found that the project was reviewed by the Large Scale Development Committee
on March 8, 2004 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on March 17, 2004, which recommended
approval. The Planning and Zoning Department's review resulted in design
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modifications that were then recommended for approval to the Planning and Zoning
Director.
• It is found that the proposed project was reviewed by the Historical and
Environmental Protection Board on April 20, 2004 which approved (HEPB 2004-28)
a Certificate of Appropriateness for ground disturbing activity involving new
construction within an Archaeological Conservation Area subject to the following
condition: Archeological monitoring shall be provided in accordance with
recommendations set forth in the archeological management plan submitted by
Robert S. Carr, and Alison Elgart-Berry, dated March 2004.
• It is found that on May 5, 2004, the City's Traffic Consultant, URS Corp., provided a
Review of the Traffic Impact Analysis submitted by the applicant and has found that
all review comments have been adequately addressed.
• 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
• 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 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.
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
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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
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.
8. In so far as this Major Use Special Permit includes the subordinate approval
of a series of Class 1 Special Permits for which specific details have not yet
been developed or provided, the applicant shall provide the Department of
Planning and Zoning with all subordinate Class I Special Permit plans and de-
tailed requirements for final review and approval of each one prior to the issu-
ance 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 in-
terim 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 Director of Planning and Zon-
ing.
10. Pursuant to the Traffic Impact Analysis Review, the applicant is strongly en-
couraged to commit to a TCM (Transportation Control Measures) Plan subject
to the review and approval of the Planning and Zoning Director, prior to the is-
suance of a building permit.
11. The Applicant shall follow the conditions of approval by HEPB Resolution #
2004-28 during the development process: Archeological monitoring shall be
provided in accordance with recommendations set forth in the archeological
management plan submitted by Robert S. Carr, and Alison Elgart-Berry, dated
March 2004.
12. 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.
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