HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit for the
1060 Brickell Project
located at approximately 1050-60 Brickell Avenue and 1051 SE Miami Avenue
Road
CASE NO. 2004-080
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the 1060 Brickell project has been reviewed to approve
with conditions, a Substantial Modification to a Major Use Special Permit, Resolution No.
No. 00-1134, per Articles 17 and 22 of Zoning Ordinance No. 11000, as amended, for
the 1060 Brickell project, located at approximately 1050-60 Brickell Avenue and 1051
SE Miami Avenue Road, Miami, Florida, to allow a change to the original application for:
Redesign of the facade of the buildings; Reduction of the number of residential units
from 605 to 572; Reduction in the number of parking spaces from 1,022 to 741 spaces
(601 spaces required); Reduction of building footprint from 54,595 sq ft to 50,758 sq ft;
Relocation of Tower 2 to the north by 10 feet so that the buildings are not directly behind
each other; Extension of the MUSP expiration date to December 14, 2006; and to pre-
serve the Panned Unit Development (PUD) Bonuses approved pursuant to Resolution No.
00-1134.
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 application (substantial
modification to previously approved Resolution No. 00-1134) for the reduction of
residential units from 605 to approximately 572 residential units.
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 application (substantial
modification to previously approved Resolution No. 00-1134) for a reduction in
the number of parking spaces from 1,022 spaces to approximately 741 spaces.
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 application (substantial
modification to previously approved Resolution No. 00-1134) for a reduction in
the building footprint from 54,595 square feet to approximately 50,758 square
feet of retail/restaurant.
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 application (substantial
modification to previously approved Resolution No. 00-1134) for the Relocation
of Tower 2 to the north by 10 feet so that the buildings are not directly behind
each other.
EXTENSION of the MUSP expiration date to December 14, 2006.
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This Permit also includes the previous following requests as listed below:
CLASS I SPECIAL PERMIT as per Article 9, Section 906.6 for active recreational
facilities (including swimming pools);
CLASS I SPECIAL PERMIT to permit staging and parking during construction (to
be approved prior to obtaining a building permit from the Planning and Zoning
Department);
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 917.2.1 to allow valet
parking for residential use;
CLASS I SPECIAL PERMIT as per Article 9, Section 920.1, to allow a
construction trailer.
CLASS I SPECIAL PERMIT as per Article 9, Section 920.1.2, to allow a
temporary sales office trailer.
CLASS I SPECIAL PERMIT as per Section 915.2 for FAA clearance letter;
CLASS 11 SPECIAL PERMIT as per Article 6, Section 605.3.1 for development of
new construction within the Special District;
CLASS 11 SPECIAL PERMIT as per Article 6, Section 605.3.1 for a temporary
construction fence and covered walkway;
CLASS 11 SPECIAL PERMIT as per Article 9, Section 908.2,for access from a
public street roadway width greater than 25 feet;
CLASS 11 SPECIAL PERMIT as per Article 9, Section 923.4, providing a total of 8
berth with a reduction of 4, 12 x 35.
SPECIAL EXCEPTION as per Article 6, Sec. 605.4.3 to allow bar/lounge open to
the public within the SD-5 District;
SPECIAL EXCEPTION as per Article 9, Sec. 917.1.2 to allow valet parking for
restaurant up to 50% of existing off-street parking spaces;
MAJOR USE SPECIAL PERMIT, as per Article 5, for a Planned Unit
Development (PUD).
MAJOR USE SPECIAL PERMIT, as per Article 9, Section 914, for Increased
Development Bonus, for contribution to the Affordable Housing Trust Fund.
Per CITY CODE, Chapter 36, Construction Equipment, request for waiver from
the City Commission of noise ordinance while under construction.
Per CITY CODE, Chapter 23-5a, request of a Certificate of Appropriateness for
ground disturbing activity in an Archeological Conservation Area.
Per CITY CODE, Chapter 13, request that the City reserve credits for 543
residential units and 25,000 square feet of non-residential use of the Downtown
Development of Regional Impact (DRI) credits.
Request for the following MUSP conditions to be required at the time of shell
permit instead of at issuance of foundation permit:
a. the requirement to provide a letter of assurance for the Solid Waste
Department; and,
b. 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,
c. the requirement to record in the Public Records a unity of title or covenant in
lieu of unity of title.
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REQUEST WAIVER FROM CHAPTER 36 OF THE CITY CODE, request for
waiver by the City Commission of noise ordinance to allow continuous concrete
pours;
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 17 and 22 of Zoning Ordinance 11000, approval of the requested
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) 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 City Commission approved Resolution No. 00-1134 on December
14, 2000 for the Master Development Program for the property located at 1060
Brickell Avenue. This approval was for both Options "A" and "B" that were presented
for review. Option "B" contained offices for the Dominican Republic Consulate.
Applicant has chosen to proceed with Option "A".
• It is found that the original Master Development Program was previously granted a
Time Extension on November 13, 2002.
• It is found that the proposed development project will benefit the area by creating
new residential and retail opportunities in the Downtown NET District, located at
1050-60 Brickell Avenue and 1051 SE Miami Avenue Road.
• It is found that the subject property is located in the "Mary Brickell's Addition" Plat
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".
• It is found that the project has convenient access to the Metromover system at the
Tenth Street/Promenade Station, located adjacent to the north from the subject
property, with connections to the Metrorail Stations, for efficient use of existing mass
transit systems.
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• It is found that the proposed density of the project is 321 units per acre on the 1.78±
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 was recommended for approval as presented. 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 for design appropriateness by the
Urban Development Review Board on July 21, 2004, which recommended approval
(UDRB Reso. 7-21-04-3) with the following conditions: Strengthen the mid -block
pedestrian connection; Provide more of an integration with the base (liner lofts) and
the tower above.
• 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. 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 Substantial Modification of a 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
comply may lead to a suspension or revocation of this Substantial Modification
to a 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 Department of Planning and Zoning 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 Director of Planning and Zoning.
11. The Applicant shall be required to obtain a Certificate of Appropriateness for
ground disturbing activities at the site from the Historical and Environmental
Protection Board (HEPB) prior to being heard by the City Commission.
12. 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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