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HomeMy WebLinkAboutAnalysisANALYSIS MAJOR USE SPECIAL PERMIT for PARK PLACE AT BRICKELL — PHASE II located at approximately 1432 and 1450 Brickell Avenue CASE NO. 2005-062 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Park Place at Brickell — Phase II project has been reviewed to approve with conditions, a Substantial Modification to a Major Use Special Permit, Resolution No. 01-1233, per Articles 5, 13, 17 and 22 of Zoning Ordinance 11000, as amended, for the Park Place at Brickell — Phase II project (MU-2005-021), located at approximately 1432 and 1450 Brickell Avenue, Miami, Florida, to allow the modification of Phase 11 to an approximate 527-foot, 32-story high office building to be comprised of approximately 508,900 square feet of office space; approximately 10,980 square feet of retail space; and approximately 1,285 total parking spaces; and to pre- serve the previously approved option of 371 dwelling units; providing for certain floor area ratio ("FAR") bonuses. This Permit also includes the following requests: MAJOR USE SPECIAL PERMITS MUSP, as per Article 17 for development of more than 200,000 square feet of non residential space; MUSP, as per Article 17 for parking of approximately 1,285 parking spaces; MUSP, as per Article 5, Section 502, PUD Districts. Per City Code, Chapter 23-5a, Request for a Certificate of Appropriateness for ground disturbing activity in an Archeological Conservation Area, Per City Code, Chapter 36, Construction Equipment Request for waiver of noise ordinance while under construction for continuous pours. The Major Use encompasses the following Special Permits: CLASS II SPECIAL PERMITS CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401, to allow construction fence and covered walkway; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for signage approval; CLASS II SPECIAL PERMIT, AS PER Article 4, Section 402, to allow for outdoor eating areas and outdoor cafes; CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2 for access from a public street roadway with driveway greater than twenty five feet in width; CLASS I SPECIAL PERMITS CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event namely a ground breaking ceremony; Page 1 of 6 CLASS I SPECIAL PERMIT, as per 917.1.2 to permit valet parking; CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer(s) for construction and other temporary office such as leasing and sales; CLASS I SPECIAL PERMIT, as per Article 9, Section 904, for parking and stages of construction during construction; 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 920.1, to allow a construction trailer and watchman's quarters. 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 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. c. And this substantial modification is subject to approval of a re -plat of the entire property lot area of the project. All previous approvals granted by Resolution Nos. 00-1036 and 01-1233 to remain unchanged except as stated above. Pursuant to Articles 5, 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 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 on November 16, 2000, the City Commission approved Resolution No. 00-1036, which approved the Master Development Program for the property which included two residential towers consisting of 840 units, 22,823 sq ft of retail and 1,224 parking spaces on Phase I. Phase II would include a second residential tower. • It is found that on November 15, 2001, the City Commission approved Resolution No. 01-1233, which approved a Substantial Modification of the Master Development Program for the property with a decrease in units to 758 (371 units in Phase II), and Page 2of6 an increase in retail and restaurant to 36,554 sq. ft. and an increase in parking to 1,400 spaces. • It is found that the applicant is requesting to preserve the previously approved option of 371 dwelling units for Phase II. • It is found that with the current Substantial Modification, the total calculations for the property (Phase I and Phase II) will consist of 372 units (appr. 513,454 square feet); approximately 508,900 square feet of office space; approximately 17,735 square feet of retail space; approximately 10,909 square feet of restaurant space; and approximately 1,841 total parking spaces. • It is found that the proposed development project will benefit the area by creating additional commercial opportunities in the Downtown NET District, located at the NW corner of Brickell Avenue and Broadway. • It is found that the subject property is located in the "Park Place at Brickell" 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 the SD-5 (Brickell Avenue Area Office — Residential District) • It is found that the proposed project is located along a Primary Pedestrian Pathway. • It is found that the project has convenient access to the Metromover system at the Financial District station, located approximately one block north of the subject property, with connections to the Metrorail and Tri-Rail systems, for efficient use of existing mass transit systems. • It is found that the project is expected to cost approximately $253,523,633, and to employ approximately 262 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 30 permanent new jobs (FTE) and will generate approximately $1,351,208 annually in tax revenues to the City (2005 dollars). • It is found that the proposed project was reviewed by the Design Review Committee on February 15, 2005, and the following pertinent comments were made: General — (a) In future submittals please provide one 11"x17" size set of plans for the committee's records; (b) This MUSP Modification request is required to go to the Historic and Environmental Preservation Board for approval of an archaeological management plan for the site, as it is located within an Archaeological Conservation Area; Urban Design — (a) The provision of lobby and retail spaces fronting Brickell Ave. and SE 15th Rd., and the site plan appropriately minimizes vehicular access points to the site, and internalizes service elements so that they area away from the property's street frontages; (b) The revised drop-off location to be within the site, rather than on SE 15th Rd. is appropriate; (c) The pedestrian promenade through the site is appropriate, as it breaks up the large block and connects with the open space provided to the south of the Park Place Apartments (Phase I). The use of ramping, stairs and entrances into the retail spaces is appropriate; (d) The provision of a double -height atrium and habitable loft office space wrapping the southern end of the building (on levels 3-9) along SE 15th Rd. and Brickell Ave. is appropriate; Page 3 of 6 Architecture — (a) The building has an appropriate form for the site, and the renderings indicate that the building has an interesting architectural appearance; (b) The use of colored glass for the garage portion of the Brickell Ave. elevation is appropriate, and properly integrates the appearance of the garage with the office portion of the project; The Planning Department's review resulted in design modifications that were then recommended for approval to the Planning Director. • It is found that on April 4, 2005, the Miami -Dade Aviation Department provided a review of the proposed project and found that it conforms to the Miami -Dade County Height Zoning Ordinances. The proposed building height requires the applicant to file with the Federal Aviation Administration (FAA) Form 7460-1. 1n addition, construction cranes for this project exceeding 200 feet in height must be filed using the same form. • It is found that Miami -Dade Public Schools provided a review of the proposed project on April 4, 2005. As the project does not contain a residential component, it would not have and impact on public school capacity. • It is found that the proposed project was reviewed by the Historic and Environmental Preservation Board (HEPB) on April 5, 2005, which approved (HEPB 2005-33) 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 Richard G. Haiduven, M.A.; (2) The Preservation Officer shall be notified prior to construction activities and in the event of a significant discovery, as per the management plan submitted; (3) A final report shall be submitted to the Preservation Officer documenting the results of construction monitoring. • It is found that the Large Scale Development Committee reviewed the project on April 6, 2005 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 April 20, 2005 which recommended Approval (UDRB Reso. 4-20-05-5) with the following condition; Enhance the parking garage facade by the removal of the metal louvers and replace with glass panels for all garage portions visible from Brickell Avenue. • It is found that on April 27, 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 at the June 29, 2005 Planning Advisory Board meeting, the City of Miami Public Works Department commented that in order for the existing access easement on the northeast side of the property to be relocated that the property must be platted. • 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. Page 4 of 6 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. 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 Page 5 of 6 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 in- cludes the subordinate approval of a series of Class 1 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 subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this develop- ment 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 HEPB Resolution 2005-33, 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 man- agement plan submitted by the Richard G. Haiduven, M.A.; (b) The Preserva- tion Officer shall be notified prior to construction activities and in the event of a significant discovery, as per the management plan submitted; (c) A final report shall be submitted to the Preservation Officer documenting the results of con- struction monitoring. 12. Pursuant to comments by City of Miami Public Works Department, the subject property must be platted in order to relocate the existing access easement on the northeast side of the property. 13. 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. Page 6 of 6