HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit
for
South Miami Avenue Condo
located at approximately
20, 30 and 34 SW 13 Street; 15 and 25 SW 14 Street;
1300, 1326 and 1340 South Miami Avenue
CASE NO. 2005-023
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for South Miami Avenue Condo project has been re-
viewed to allow a Major Use Special Permit per Articles 5, 13 and 17, located at ap-
proximately 20, 30 and 34 SW 13 Street; 15 and 25 SW 14 Street; 1300, 1326 and 1340
South Miami Avenue, Miami, Florida, to comprise of a 736-foot, 65-story high mixed use
structure to be comprised of approximately 589 total multifamily residential units with
recreational amenities; approximately 21,450 square feet of office space; approximately
11,568 square feet of retail space; and approximately 730 total parking spaces; provid-
ing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MUSP, as per Article 1 for development of 589 residential units;
MUSP, as per Article 17 for development to provide parking in excess of 500
spaces or more. Proposed 730 parking spaces;
MUSP, as per Article 17, Section 1701, to permit residential in excess of two
hundred (200) dwelling units. Proposed 589 units;
MUSP, as per Article 5 and Section 502, PUD to increase 20% of the total floor
area, for a maximum of 131,448 square feet of bonus;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow construction
fence and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 6, Section 607.7.2.1 B for a
development bonus for every one (1) square foot increase of up to a maximum
increase of 1.0 times the gross lot area for a total of 82,074 sq. ft. of additional
floor area and pay into the Affordable Housing Trust Fund at an amount of
$12.40 per square foot for a total of $1,017,718.00;
CLASS II SPECIAL PERMIT, as per Article 7, Section 607.7.2.2, for retail bonus
of 17,548;
CLASS II SPECIAL PERMIT, as per Article 7, Section 607, for development of
new construction within the SD-7 District;
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 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, for parking and
staging of construction during construction;
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;
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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;
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.
Per City Code, Chapter 36, Construction Equipment Request for waiver of noise
ordinance while under construction for continuous pours.
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
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 13 Street and South Miami Avenue.
• It is found that the subject property is located in the A.L.°Knowlton" Plat within the
Brickell Village neighborhood of the City.
• It is found that garage pedestal of the proposed development is designed to be
integrated with the previously approved Infinity MUSP, therefore no lining is
provided on the west elevation.
• 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 (589 units at 457 units per acre) is
below the maximum 645 units (500 units per acre) on the 1.29± net acre site.
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• It is found that the project has convenient access to the Metrorail and Metromover
systems at the Brickell Station, located approximately two blocks north 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 607.7.2.1B, the proposed project is requesting a
development bonus of 82,074 square feet of additional floor area, and shall pay into
the Affordable Housing Trust Fund an amount of $12.40 per square foot =
$1,017,718.00.
• It is found that the project is expected to cost approximately $158,600,000, and to
employ approximately 1,218 workers during construction (FTE-Full Time
Employees); The project will also result in the creation of approximately 175
permanent new jobs and will generate approximately $1,981,581 annually in tax
revenues to the City (2005 dollars).
• it is found that the proposed project was reviewed by the Design Review Committee
on October 12, 2004 and the following pertinent comments were made: Urban De-
sign — The committee would like to commend the applicant on the high levels of ur-
ban design employed in this proposal, including: (1) Lobby and retail space is pro-
vided fronting on Coral Way and South Miami Ave; (2) The required loading spaces
are internalized within the garage; (3) The creation of a vehicular access within the
site allows for vehicular dropoff and garage entry, with minimum width curb cuts on
SW 13th St. and SW 14th St; and (4) The garage is wrapped for its entire height on
all street sides with active residential or office use; Ground Floor/Pedestrian
Realm — (1) The proposed design for the ground floor retail space is appropriate.
The solution involving continuous steps, with planters in between, provides a good
connection between the sidewalk height and the height of the retail bays; (2) The
large amount of glass proposed for the ground floor retail and lobby areas of the
building is appropriate; Architecture - The massing and design of the proposal is
appropriate for the high -density Brickell area. The curving forms of the building, as
well as the use of color and variety within the elevations, provides interest and a
unique character to the project; Landscaping — (1) Provide a continuous canopy of
shade trees in the swale area along Coral Way, rather than palm trees, in order to
provide shade for pedestrians; (2) As the project continues through the Large Scale
Development and Urban Development Review Board submittals, provide for review
and approval a landscape plan that specifies the species (common and botanical
names), sizes (height x spread and/or container size) at time of planting, quantities,
and proposed locations of all plant materials, existing and proposed. The landscape
plan shall include planting details and planting specifications. The Planning Depart-
ment's review resulted in design modifications that were then recommended for ap-
proval to the Planning Director.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on March 16, 2004. The student population generated by this
development is estimated at 123 students. The schools serving this area of
application are Southside Elementary (52 students) — 196% Florida Inventory School
Houses (FISH) Capacity with the proposed project; Shenandoah Middle (28
students) — 116% FISH, and Booker T. Washington Senior High (32 students) - 58%
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FISH. Pursuant to the interlocal agreement, Eneida M. Hartner and Jose de Diego
Middle School meet the review threshold of 115%. At an average of $6,549 per K-12
student, the total annual operating cost for the additional students residing in this
development, if approved, would total $733,488. Based on the State's March 2005
student station cost factors, capital costs for the estimated additional students to be
generated by the proposed development is $1,792,972.
• It is found that on December 10, 2004, the Miami -Dade Aviation Department
provided a review of the proposed project and found that it does not conform to the
Miami -Dade County Height Zoning Ordinances.
• It is found that the Large Scale Development Committee reviewed the project on
December 14, 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 January 19, 2005, which recommended
Approval (UDRB Reso. 1-19-05-4) with the following reasons: Too much service on
SW 14 Street. Line a portion of that street with retail.
• It is found that the proposed project was reviewed by the Historic and Environmental
Preservation Board (HEPB) on February 1, 2005, which approved (HEPB 2005-12) a
Certificate of Appropriateness for ground disturbing activity involving new
construction within an Archaeological Conservation Area subject to the following
conditions: (1) A phase 1 archeological assessment prior to construction and
archeological 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 on February 14, 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.
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.
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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
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-
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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: Provide a continuous canopy of
shade trees in the swale area along Coral Way, rather than palm trees, in or-
der to provide shade for pedestrians.
12. Pursuant to HEPB Resolution 2005-12, the applicant shall meet the following
conditions: (a) A phase 1 archeological assessment prior to construction and
archeological 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. That the height of the proposed structure shall conform to the Miami -Dade
County Height Zoning Ordinance as part of the process of obtaining a FAA
"Determination of No Hazard".
14. A development bonus to permit a mixed use of 82,074 square feet of floor area
shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $1,017,718.00.
15. Per conditions of the Planning Advisory Board made on the floor, applicant
shall provide a further localized study of ingress/egress conditions on SW 13
Street in relation to Southside Elementary School on the north side of the
street.
16. 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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