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;
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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
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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 facade 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-
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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.
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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.
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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.
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