HomeMy WebLinkAboutMUSP AnalysisAnalysis for Major Use Special Permit for the
South Bayshore Tower Project
located at approximately 1300 Brickell Bay Drive, 1390 Brickell Bay Drive, 183 SE
14th Street, 171 SE 14th Street, and 180 SE 13th Street
CASE NO. 2004-082
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the South Bayshore Tower project has been reviewed
to approve with conditions, a Substantial Modification to a Major Use Special Permit,
Resolution No. No. 02-1065, per Articles 5, 9, 13, 17 and 22 of Zoning Ordinance No.
11000, as amended, for the South Bayshore Tower project, located at approximately
1300 Brickell Bay Drive, 1390 Brickell Bay Drive, 183 SE 14th Street, 171 SE 14th
Street, and 180 SE 13th Street, Miami, Florida, to allow the following changes to the
original application: The addition of 0.19 acres of land which is adjacent to the approved
MUSP property; Increased the number of residential units from 347 to approximately
364 units; Decreased the number of parking spaces from 516 to approximately 501
spaces; Increased the floor area from 338,809 square feet to approximately 447,989
square feet by adding 27 residential units and approximately 10,000 square feet of re-
tail; Increased the building height from 40 to 47 stories; Reduction of the parking podium
by two floors; Increased the retail from area from 11,902 square feet to approximately
21,388 square feet; Reduction of the parking podium by two floors; Approval of a Class
II Special Permit for the reduction in size of one loading bay from 12' x 55' to 12' x 35';
Extension of the MUSP expiration date to September 26, 2006.
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 the following changes (substantial modification to
previously approved Resolution No. 02-1065):
1) a change in the original application for the addition of 0.19 acres of land
which is adjacent to the approved MUSP property;
2) a change in the original application for a setback variance on SE 13th Street
by providing 8'-8" instead of the required 15 feet;
3) a change in the original application to increase the number of residential
units from 347 to approximately 374 units;
4) a change in the original application to decrease the number of parking
spaces from 516 to 514 spaces;
5) a change in the original application to increase the floor area from 338,809
square feet to 447,989 square feet by adding 27 residential units and
approximately 10,000 square feet of retail;
6) a change in the original application to increase the building height from 40 to
47 stories;
7) a change in the original application to increase the retail from area from
11,902 square feet to 21,388 square feet;
8) a change in the original application for the reduction of the parking podium by
two floors;
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9) a change in the original application for the approval of a Class II Special
Permit for the reduction in size of one loading bay from 12' x 55' to 12' x 35';
and
10) an EXTENSION of the MUSP expiration date to September 26, 2006.
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 as per Section 915.2 for FAA clearance letter;
CLASS 1 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;
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 917.2.1 to allow valet
parking for residential and other uses;
CLASS II SPECIAL PERMIT as per Article 6, Section 605.3.1 for development of
new construction within the SD-5 District;
CLASS 11 SPECIAL PEMRIT as per Article 4, Section 401, 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 or roadway width greater than 25 feet;
CLASS 1I SPECIAL PERMIT as per Article 6, Section 605.7.2 (1.a.), a
nonrefundable developer contribution of $12.40 to the Affordable Housing Trust
Fund administered by the City of Miami for every one square foot of increase up
to a maximum increase of one (1) square foot times the gross lot area;
CLASS 11 SPECIAL PERMIT as per Article 6, Section 605.10.2., offstreet loading
requirements shall be as required in the Office District, provided that special
permit requirements set forth therein shall be waived in cases where new
development involving general Class 11 Special Permits cover the same matters;
CLASS 11 SPECIAL PERMIT as per Article 9, to reduce one (1) 12' x 55' loading
bay to one (1) 12' x 35' loading bay.
VARIANCES:
All variances granted in the original application, and the following additional
variance:
Side street setback
(SE 13th Street Ground Level) required: 15'-0"
Ground & Upper Levels proposed: 8'-8"
Request to waive: 6'-4'
MAJOR USE SPECIAL PERMIT as per Article 17 for development of 374
residential units;
MAJOR USE SPECIAL PERMIT as per Article 5, Section 502, PUD districts;
minimum area, maximum densities and maximum floor area ratios permitted, to
increase by twenty (20) percent;
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MAJOR USE SPECIAL PERMIT as per Article 17 for a parking structure of 514
parking spaces;
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 5, 9, 13, 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. 02-1065 on
September 26, 2002 for the Master Development Program for the property located
at approximately 1300 Brickell Bay Drive, 1390 Brickell Bay Drive, 183 SE 14th
Street, 171 SE 14th Street, and 180 SE 13th Street.
• 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
1300 Brickell Bay Drive, 1390 Brickell Bay Drive, 183 SE 14th Street, 171 SE 14th
Street, and 180 SE 13th Street.
• It is found that the subject property is located in the "Highleymans" and "Mirado
Court" Plats 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
Financial District Station, located 1/2 block to the west 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 364 units per acre on the 1.0±
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 prior to the filing of this request for a substantial modification to a
previously approved MUSP, the City Commission adopted an amendment to the
Zoning Code that increased the Affordable Housing Trust Fund contribution from
$6.67 per square foot to $12.40 per square foot and the new rate should apply to
this project. The proposed project is requesting a development bonus of 12,625
square feet of additional floor area, and Pursuant to Article 9, Section 914, shall pay
into the Affordable Housing Trust Fund an amount of $12.40 per square foot =
$156, 550.00.
• It is found that the proposed project was reviewed by the Design Review Committee
on June 29, 2004, and provided the following comments: (1) The acquisition of the
additional corner lot results in a more cohesive development for this block, as the
entire block will now maintain a consistent scale. The retail establishment proposed
for the northwest corner is appropriate and will provide a good urban frontage along
Brickell Bay Drive; (2) With the addition of the corner parcel the project now fronts
on three streets with ten levels of exposed garage, which is inappropriate. In the
previous Major Use Special Permit submittal, the parking pedestal was acceptable
because of the challenging site condition and the fact that some of the garage were
concealed by the existing building to remain in the northeast corner of the site.
Modify the garage pedestal plan to provide residential units in the southeast corner
of the parcel, on at least the first five levels, in order to reduce the amount of garage
area adjacent to city streets, and provide active uses and eyes on the street; (3) The
appearance of the rest of the garage base of the building should be re -studied to
produce a more aesthetic solution. Consider continuing the pattern of window and
balcony openings from the tower portion of the building into the garage area so that
the garage becomes integrated into the framework of the design, or consider an
artistic treatment for the garage facades; (4) Consider providing garage openings
which are more similar in scale and shape with the typical window openings in the
residential levels, rather than either of the two proposed solutions, which consist of
the horizontal garage openings and the continuous vertical louvers; (5) It is critical
that parked cars and mechanical systems within the garage be hidden from view.
Provide screening materials in order to cover garage openings, and provide details
of the materials to the committee, indicating how all vehicles and vehicular ramps will
be concealed from public view. The Planning and Zoning Department's review
resulted in design modifications that were then recommended for approval with
conditions 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. 7-21-04-2) with the following conditions: The architect and the
applicant should reconsider strengthening the connection along with recreation
decks instead of penetrating through an enclosed area so that there is actually a
breezeway or stronger open space connection; The applicant should look at the
articulation of the upper portion to further enhance it so that it doesn't look like it
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doesn't end with a balcony at the top and there is a concerted effort to crown the
building.
• It is found that the proposed project was reviewed for a Side Setback Variance on
SE 13'r' Street as part of the Substantial Modification by the Miami Zoning Board at
its meeting of September 13, 2004, Item No. 12, which recommended DENIAL by a
vote of eight to one (8-1).
• It is found that at the City of Miami Planning Advisory Board meeting of October 6,
2004, the applicant withdrew the request for the Side Setback Variance.
• 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 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,
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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 l 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 Pursuant to the review of the Design Review Committee, the applicant shall
meet the following conditions: (a) Modify the garage pedestal plan to provide
residential units in the northeast corner of the parcel, on at least the first five
levels, in order to reduce the amount of garage area adjacent to city streets,
and provide active uses and eyes on the street; (b) The appearance of the rest
of the garage base of the building should be re -studied to produce a more aes-
thetic solution. Continue the pattern of window and balcony openings from the
tower portion of the building into the garage area so that the garage becomes
integrated into the framework of the design, or consider an artistic treatment
for the garage facades; (c) Provide garage openings which are more similar in
scale and shape with the typical window openings in the residential levels,
rather than either of the two proposed solutions, which consist of the horizontal
garage openings and the continuous vertical louvers; (d) It is critical that
parked cars and mechanical systems within the garage be hidden from view.
Provide screening materials in order to cover garage openings, and provide
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details of the materials to the committee, indicating how all vehicles and ve-
hicular ramps will be concealed from public view.
12. Pursuant to the UDRB's and Planning and Zoning Department's review, the
applicant shall meet the following conditions: The architect and the applicant
shall strengthen the connection along with recreation decks instead of
penetrating through an enclosed area so that there is actually a breezeway or
stronger open space connection; The applicant shall look at the articulation of
the upper portion to further enhance it so that there is a concerted effort to
crown the building.
13. The Applicant shall be required to obtain a Certificate of Appropriateness for
ground disturbing activities at the site from the Historical and Environmental
Preservation Board (I-IEPB) prior to being heard by the City Commission.
14. A development bonus to permit a mixed use of 12,625 square feet of floor area
will be paid to the Affordable Housing Trust Fund an amount of $12.40 per
square foot = $156,550.00.
15. 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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