HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit
for
The Pointe at Brickell Village
located at approximately
1100 South Miami Avenue
CASE NO. 2005-006
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for The Pointe at Brickell Village project has been re-
viewed to allow a Major Use Special Permit per Articles 9, 13 and 17, located at ap-
proximately 1100 South Miami Avenue, Miami, Florida, to comprise of a 442-foot, 42-
story high mixed use structure to be comprised of approximately 330 total multifamily
residential units with recreational amenities, approximately 13,659 square feet of retail
space; approximately 41,553 square feet of office space; and approximately 424 total
parking spaces; providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MUSP, as per Article 17, for the development of 330 residential units;
CLASS II SPECIAL PERMIT, as per Article 6 and Section 607.3.1 to permit
additional floor area ratio as a bonus through developer contribution to the
Affordable Housing Trust Fund. Requesting an additional 46,375 sq. ft. at an
amount of $12.40 per square foot for a total of $575,050;
CLASS II SPECIAL PERMIT, as per Article 6, Section 607.3,1, for development
of new construction within the Central Brickell Rapid Transit Commercial
Residential District;
CLASS II SPECIAL PERMIT, as per Article 6, Section 607.8.3, for open space
and residential recreation space;
CLASS II SPECIAL PERMIT, as per Article 9, Section 927 to allow temporary
offsite parking during construction;
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 917.1.2, for offstreet
parking maintained with valet parking for excess parking;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and
staging of construction during construction;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a
construction trailer and watchman's quarters and other temporary offices such as
leasing and sales;
CLASS l SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage.
REQUEST for applicable MUSP conditions to be required at the time of shell permit
instead of at issuance of foundation permit;
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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.
Per City Code, Chapter 36, Construction Equipment Request for waiver of noise
ordinance while under construction for continuous pours.
Pursuant to Articles 9, 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
Department has referred this project to the Large Scale Development Committee
(LSDC) and the Planning 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
additional residential opportunities in the Downtown NET District, located at the SW
corner of SW 11th Street and South Miami Avenue.
• It is found that the subject property is located in the "City of Miami South" Plat within
the Brickel! 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 the SD-7 "Central Brickell Rapid
Transit Commercial Residential" Zoning District.
• It is found that the proposed density of the project is 407 units per acre on the 0.81±
net acre site.
• It is found that the project has convenient access to the Metrorail system at the
Brickell Station, located approximately one block west of the subject property, for
efficient use of existing mass transit systems.
• 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.
• Pursuant to Article 6, Section 607.3.1, the proposed project is requesting a
development bonus of 46,375 square feet of additional floor area, and shall pay into
the Affordable Housing Trust Fund an amount of $12.40 per square foot = $575,050.
• It is found that the project is expected to cost approximately $142,401,294, and to
employ approximately 236 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 20 permanent new jobs
and will generate approximately $755,127 annually in tax revenues to the City (2004
dollars).
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• It is found that the proposed project was reviewed by the Historic and Environmental
Preservation Board (HEPB) on October 21, 2004, which approved (HEPB 2004-93)
a Certificate of Appropriateness for ground disturbing activity involving new
construction within an Archaeological Conservation Area subject to the following
conditions: (1) Archeological testing prior to construction and monitoring during
ground disturbing activity shall be provided in accordance with the management plan
submitted by the Archaeological and Historical Conservancy, Inc.; (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 proposed project was reviewed by the Design Review Committee
on October 26, 2004, and the following pertinent comments were made: Consider a
different solution for the 8 levels of exposed garage facing SW 11`h St, rather than
the use of metal grilles for the entire garage height. Consider incorporating some
glass elements in the garage elevation area, in order to better unite the design ap-
pearance of the garage and the rest of the building. The Planning Department's re-
view resulted in design modifications that were then recommended for approval to
the Planning Director.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on January 31, 2005. The student population generated by this
development is estimated at 66 students. The schools serving this area of
application are Southside Elementary (30 students) - 186% Florida Inventory School
Houses (FISH) Capacity with the proposed project; Jose De Diego Middle (17
students) — 115% FISH, and Booker T. Washington Senior High (19 students) - 58%
FISH. Pursuant to the interlocal agreement, Riverside Elementary School and Jose
de Diego Middle School meet the review threshold of 115%. At an average of $5,833
per K-12 student, the total annual operating cost for the additional students residing
in this development, if approved, would total $384,978. The total potential Capital
Cost (student stations) is $1,057,435.
• It is found that the Large Scale Development Committee reviewed the project on
November 16, 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 December 15, 2004, which recommended
approval (UDRB Reso. 12-15-04-4) with the following conditions: Consider
reorganizing the mechanical space so that the retail space is maximized; Consider
illuminating the top of the building.
• It is found that on January 5, 2005, 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.
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Based on these findings, the Planning 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 Planning Department,
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 Planning
Director 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,
record able 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 Planning Department 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 Planning
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Department 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.
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 Planning Department
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 subor-
dinate 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 sub-
ject to review and approval by the Planning Director.
11. Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following condition: In order to better unite the design
appearance of the garage and the rest of the building, the applicant shall mod-
ify the garage design to provide a solution of the 8 levels of exposed garage by
incorporating some glass elements in the garage elevation area, subject to the
review of the Planning Director.
12. Pursuant to HEPB Resolution 2004-93, the applicant shall meet the following
conditions: (a) Archeological testing prior to construction and monitoring
during ground disturbing activity shall be provided in accordance with the
management plan submitted by the Archaeological and Historical
Conservancy, Inc.; (b) 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 (c) A final report shall be submitted to the
City Archeologist documenting the results of this investigation.
13. A development bonus to permit a mixed use of 46,375 square feet of floor area
will require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $575,050.
14. 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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