HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit
for the
The Premiere Towers Brickell Village Project
located at approximately
824-850 South Miami Avenue and 29-59 SW 9th Street
CASE NO. 2004-083
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Premiere Towers Brickell Village project has been
reviewed to allow a Major Use Special Permit per Articles 5, 13 and 17, to construct a
two 579-foot, 52-story high mixed use towers to be comprised of approximately 556 total
multifamily residential units with recreational amenities, approximately 91,096 square
feet of office space, approximately 19,969 square feet of retail, and 1,050 total parking
spaces.
This Permit also includes the following requests:
MUSP, per Article 17, for development of 556 residential units;
MUSP, as per Article 17 for development to provide parking in excess of five
hundred (500) spaces or more - Proposed 1,050 parking spaces;
MUSP, as per Article 17, Section 1701, to permit residential in excess of two
hundred (200) dwelling units — Proposed 556 units;
MUSP, as per Article 9, Section 914, a development bonus of 74,375 square feet
of additional floor area, and to pay into the Affordable Housing Trust Fund an
amount of $12.40 per square foot = $922,250.00;
MUSP, as per Article 5, Section 502, PUD to increase 20% of the total floor area,
for a maximum of 119,000 square feet of bonus;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow a
construction fence and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 7, Section 607, for development of
new construction within the SD-7 Districts;
CLASS II SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer(s)
for construction and other temporary offices such as leasing and sales;
CLASS II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2, a
request to reduce four loading spaces from 12' x 55' to four 12' x 35' loading
spaces;
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2 for access from a
public street roadway width greater than twenty-five feet;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver
of City of Miami Parking Guides and Standards for reduction of the required extra
(1) foot where a side of a parking stall abuts a wall;
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special
event namely a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, to permit staging
and parking during construction;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a
construction trailer;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
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REQUEST for applicable MUSP conditions to be required at the time of shell
permit instead of at issuance of foundation permit;
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 opportunities in the Downtown NET District, located west of South
Miami Avenue at SW 9th Street.
• It is found that the subject property is located in the "City of Miami South" Plat within
the Brickell Village 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-7 "Central Brickell Rapid Transit
Commercial -Residential" District.
• It is found that the proposed density of the project is 406 units per acre on the 1.37±
net acre site.
• 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 project was reviewed by the Design Review Committee
on May 18, 2004, and the following pertinent comments were made: (1) Consider
integrating the architecture of the two glass towers with the orthogonal base so that
the building's elements become more unified in appearance; (2) Confirm the FAR
calculations with the Zoning Department; and (3) The FAR bonuses for the Brickell
area have been modified recently and approved by the City of Miami Commission.
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In order to receive the PUD bonus, public amenities are required, and the affordable
housing bonus is tied to a requirement about minimum unit sizes. Confirm these
requirements to ensure that the project qualifies to receive them. 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 a revised review of the proposed project was provided by Miami -Dade
Public Schools on October 6, 2004. The student population generated by this
development is estimated at 106 students. The schools serving this area of
application are Southside Elementary - 190% FISH Capacity with the proposed
project, Jose de Diego Middle — 130% FISH, and Booker T. Washington Senior High
- 57% FISH. Pursuant to the interlocal agreement, Southside Elementary and Jose
de Diego Middle meet the review threshold of 115% and shall need to enter dialogue
with the Miami -Dade School District.
• It is found that the proposed project was reviewed by the Historic and Environmental
Preservation Board (HEPB) on July 20, 2004, which approved (HEPB 2004-65) a
Certificate of Appropriateness for ground disturbing activity involving new
construction within an Archaeological Conservation Area subject to the following
conditions: (1) Archeological testing and monitoring before and during ground
disturbing activity shall be provided by the Archaeological and Historical
Conservancy, Inc., in accordance with their management plan; (2) The City
Archeologist shall be notified prior to construction activities and in the event of a
significant discovery, as per the management plan submitted; and (3) A final report
shall be submitted to the City Archeologist documenting the results of this
investigation.
• It is found that the project was reviewed by the Large Scale Development Committee
on July 21, 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 September 1, 2004, which recommended
approval (UDRB Reso. 9-1-04-1) with the following conditions: Design the north
facade so that it demonstrates more depth than just adding score lines; Add more
character and definition to the first floor along the street to compliment the Mary
Brickell development across the street.
• It is found that on September 8, 2004, the applicant requested a 30-Day Waiver for
the time frame between the Planning Advisory Board of October 6, 2004 and the City
Commission meeting of October 28, 2004, a request which was granted.
• It is found that on October 4, 2004, the City's Traffic Consultant, URS Corp.,
provided a Review of the Traffic Impact Analysis submitted by the applicant and has
found the traffic analysis sufficient.
• 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:
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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 including the required Affordable Housing Trust fund
contribution of $12.40 per square foot for any applicable FAR increase sought
under those provisions.
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
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,
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.
8. 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
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comply may lead to a suspension or revocation of this Major Use Special
Permit.
9. In so far as this 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 Department of Planning
and Zoning with all subordinate Class I Special Permit plans and detailed re-
quirements 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 re-
quested activities and/or improvements listed in this development order or cap-
tioned 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 sub-
ject to review and approval by the Director of Planning and Zoning.
11. Pursuant to the HEPB review, the applicant shall meet the following conditions:
(a) Archeological testing and monitoring before and during ground disturbing
activity shall be provided by the Archaeological and Historical Conservancy,
Inc., in accordance with their management plan; (b) The City Archeologist shall
be notified prior to construction activities and in the event of a significant dis-
covery, as per the management plan submitted; and (c) A final report shall be
submitted to the City Archeologist documenting the results of this investigation.
12. Pursuant to the UDRB's and Planning and Zoning Department's review, the
applicant shall meet the following conditions: (a) Design the north facade so
that it demonstrates more depth than just adding score lines; and (b) Add more
character and definition to the first floor along the street to compliment the Mary
Brickell development across the street.
13. Within 90 days of the effective date of this Development Order, record a certi-
fied 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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