HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit
for
Icon Brickell
located at approximately
495 and 501 Brickell Avenue
CASE NO. 2005-054
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Icon Brickell project (MU-2005-012) has been re-
viewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, located at ap-
proximately 495 and 501 Brickell Avenue, Miami, Florida, to construct a mixed use three
building cluster development ranging in height from 520 feet to 604 feet to be comprised
of approximately 1,705 total multifamily residential units with recreational amenities; ap-
proximately 95 hotel units; approximately 25,000 square feet of retail space; 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 1,755 residential units and 105 hotel
rooms;
MUSP, as per Article 17, for parking structures of approximately 2,004 parking
spaces;
Per City Code, Chapter 36, construction equipment request for waiver of noise
ordinance while under construction for continuous pours;
Per Article 8.1, Section 8.1.4, Tree Removal Permit.
The Major Use encompasses the following Special Permits:
CLASS II PERMITS
CLASS Il SPECIAL PERMIT, as per Article 4, Section 401, to allow a
construction fence and covered walkway;
CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, 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 II SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer (s)
for construction and other temporary office uses such as leasing and sales.
CLASS I PERMITS
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 I SPECIAL PERMIT, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
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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.
Pursuant to Articles 5, 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 to the east
of Brickell Avenue at SE 5 Street.
• It is found that the subject property is located in the "Brickell Point" Plat within the
Brickell Business District neighborhood of the City.
• It is found that the existing use on the subject property is the 598-room, 18-story
Sheraton Biscayne Bay Hotel, which will be demolished.
• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the property located at 495 Brickell Avenue is the SD-
5 "Brickell Avenue Area Residential -Office" Zoning District, and that the existing
zoning designation for the property located at 501 Brickell Avenue is the PR "Parks
and Recreation" Zoning District. The proposed designation for the property located
at 501 Brickell Avenue is the SD-5 "Brickell Avenue Area Residential -Office" Zoning
District.
• It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Miami, Florida, the existing Future Land Use category for the property located at 495
Brickell Avenue is "Office", and that the existing Future Land Use category for the
property located at 501 Brickell Avenue is "Parks and Recreation". The proposed
category for the property located at 501 Brickell Avenue is "Office". An application
for this Future Land Use Change accompanies this Major Use Special Permit
(MUSP) application.
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• It is found that the proposed density of the project (1,753 units at 325 units per acre)
is below the maximum 2,700 units (500 units per acre) allowed on the 5.4i net acre
site (less the 1.273± acres for the Brickell Park property). Per code, two hotel units
are equal to one residential unit (95 hotel units = 48 residential units.
• It is found that the proposed project is located along a Primary Pedestrian Pathway.
• 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 project location is directly adjacent to the Miami Circle
(north) where human remains associated with the Tequesta Indians have been
documented, and to Brickell Park (south). The existing Brickell Mausoleum in
Brickell Park is to remain.
• It is found that applicant is requesting (April 6, 2005) the removal versus the
relocation of three trees (Trees #1, #7, and #11) on the Tree Disposition Plan for
Brickell Park.
• It is found that the project is expected to cost approximately $1,251,326,394, and to
employ approximately 324 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 120 permanent new jobs
(FTE) and will generate approximately $6,673,152 annually in tax revenues to the
City (2005 dollars).
• It is found that on January 3, 2005, the City of Miami Public Works Department
provided a review of the project and commented that replatting of the property is
required to establish a new lot line to include additional property from the Brickell
Park subdivision (PB 15 at Pg. 39 and Deed Book 323 at Page 298).
• It is found that on January 12, 2005, the Miami -Dade Aviation Department (MDAD)
provided a Height Analysis review of the proposed project and found that it conforms
to the Miami -Dade County Height Zoning Ordinances.
• It is found that the Large Scale Development Committee reviewed the project on
January 19, 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 February 16, 2005, which recommended
Approval (UDRB Reso. 2-16-05-5) with the following conditions: (a) Address the
service areas on the Miami Circle Park side (North). Either internalize the service
drive or provide an enclosure to this drivel, (b) Provide a better interface between the
parks and the lower portion of the building; and (c) Return to the UDRB when the art
screen and the two sides adjacent to the parks are fully developed.
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on March 8, 2005 and the following pertinent comments were made:
Submittal - The most recent submittal responded to some of the concerns raised
by the committee in the previous design review comments. However, this submittal
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fails to address several of the issues raised, and creates additional concerns and
questions. Due to the various factors involved in this proposal, the committee
cannot provide a complete set of comments for the project at this point. The initial
concerns and comments are addressed below; Site Planning — (a) The project as
presented incorporates the Brickell Park into the proposal. Clarify the relationship
between the site and the adjacent Brickell Park; (b) The site has important frontages
on all four sides: Brickell Ave. on the west, Biscayne Bay on the East, the Brickell
Park on the south, and the future Miami Circle Park on the north. If the Brickell Park
is incorporated into the project as green space, the project shall be designed to
better address the Brickell Park land. Part of the park is being paved to provide for
the site's vehicular access, which is inappropriate. It is necessary to create a proper
connection between the green space and the building edge by providing active liner
uses such as townhouses, retail spaces and residential amenities fronting the entire
length of the park; (c) The revised loading area, which provides a landscaped trellis
to enclose the loading bays, is an improvement over previous submittals. However,
it is preferable to provide a site plan which allows some ground floor program
opposite the Miami Circle because of the importance of this site and its potential
future use. Consider shifting the location of the loading entrance further south and
requesting a reduction in the dimensions of some of the loading bays by Class II
Special Permit, as a possible way to allow for some program to occur within this
area; (d) The provision of residential units fronting Brickell Ave. and Biscayne Bay
for the entire height of the building is appropriate. Given the large site dimensions,
consider providing building program on the north and south garage facades in order
to provide active habitable space facing the parks to the north and south of the site;
(e) The proposed planter walls facing the parks to the north and south of the site
could be appropriate as a means of concealing the garage and unifying the building
and the parks through landscaping. However, it is critical to provide a mesh or
screening for the garage openings, which will allow for the plant species to grow on,
in order to provide a more complete screening for the garage. Specify the proposed
screening material and plant species for the garage elevations; (f) The ground floor
site plan is heavily dominated by building program and vehicular travel lanes.
Consider a site plan which includes pedestrian activity, green space, landscaped
areas and allows for pedestrian connections from the building to Brickell Ave.,
Biscayne Bay and the park spaces to the north and south of the site, while
preserving existing specimen trees within the site. Provide for pedestrian access
along the Brickell Ave. side of the site between Brickell Park and the future Miami
Circle Park., and from Brickell Ave. to the south tower lobby on the south side of the
vehicular driveway; (g) The combined dropoff area for the two towers, located within
the center of the site, is more appropriate than the two dropoff areas in the earlier
version of the proposal; Archeological Issues — The property is located within an
Archeological Conservation Area and approval by the HEPB is required —an
archeological management plan must be submitted for approval;
Landscaping/Hardscape - Submit a tree disposition and mitigation plan, which
includes the Brickell Park parcel, if this parcel is to be included in the plan. There
are large specimen trees on the south side of the site, between the entry drive and
the Brickell Park, which shall be preserved as part of the development, as they help
to provide a buffer between the park and the vehicular lanes entering the site; (a)
When developed, submit 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; (b) The
treatment of the Baywalk and the area between the building and the Bay needs
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further development and details. Provide floor plan and section drawings of this
area (at no less than 1/8"=1') in order for the committee to better interpret the
treatment of this area. The massive central staircase is inappropriate —in order to
provide a better connection between the vehicular dropoff level and the Baywalk
level, render the upper and lower levels with the same material, and provide more
gradual transitions between the levels through the use of landings and more variety
in forms. The area adjacent to the Bay Walk shall be provided with a hardscape
treatment to allow pedestrian connection to the Bay Walk (shown as green on the
ground floor plan). The Planning Department's review resulted in design
modifications that were then recommended for approval to the Planning Director.
• It is found that on March 22, 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 the proposed project was reviewed by the Historic and Environmental
Preservation Board (HEPB) on May 3, 2005, which approved (HEPB 2005-36) a
Certificate of Appropriateness for ground disturbing activity involving new
construction within an Archaeological Conservation Area subject to the following
conditions: (1) Prior to any archeological investigations or ground disturbing
activities, submit the following to the City of Miami: (a) An overlay map (scale of
1:200) showing the proposed development area and proposed ground disturbing
and land alteration activities in relationship to: (i) The Miami Circle and Brickell Park;
(ii) The detailed locations of all known cultural material and human remains identified
during previous investigations on the subject parcel, including Brickell Park; (iii)
Areas of archeological sensitivity within the Sheraton parcel; (b) An Unanticipated
Finds Plan that outlines (1) the specific steps to be followed and (2) the
responsibilities of the applicant should human remains be identified during
archeological investigations or monitoring and construction to ensure compliance
with chapter 872, f.s. (offenses concerning dead bodies and graves). Jurisdiction
over human remains shall rest entirely with the State of Florida pursuant to chapter
872; (2) Submit monthly reports to the City of Miami during any archeological
monitoring activities to document the results of any finds; (3) Provide written notice
to the City within 24 hours of the discovery of a significant archeological find or
human remains; (4) Submit two final reports to the City of Miami within 90 days of
completion of the preliminary archeological investigations and monitoring. If human
remains are identified, a copy of the final report with a cover letter (with a copy to the
City of Miami) shall also be submitted to the Florida State Archaeologist; (5) Submit
a detailed archeological management plan, prior to the commencement of any
construction activities, to the City of Miami, if significant archeological material is
identified; (6) No trees shall be planted and/or relocated in that area west of the
historic shoreline as delineated on the "Map Showing Location of Proposed Tree
Planting„ prepared by the Archaeological Conservancy. (this map is attached)
• It is found that the section of the proposed project located at 501 Brickell was
reviewed for Change of Zoning from PR "Parks and Recreation" to SD-5 "Brickell
Avenue Area Residential -Office District" by the Miami Zoning Board at its meeting of
May 23, 2005, Item No. 3, which RECOMMENDED APPROVAL (Reso. 2005-1024)
by a vote of seven to zero (7-0), requiring City Commission approval.
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• It is found that on June 9, 2005, the Miami -Dade Aviation Department (MDAD)
provided a revised Height Analysis review of the proposed project and found that it
conforms to the Miami -Dade County Height Zoning Ordinances.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on June 9, 2005. The student population generated by this
development is estimated at 316 students. The schools serving this area of
application are Southside Elementary (145 students) — 248% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Shenandoah Middle (79
students) — 120% FISH; and Booker T. Washington Senior High (92 students) - 61%
FISH. Pursuant to the interlocal agreement, Southside Elementary and Shenandoah
Middle 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 $2,069,484. Based on the State's June 2005
student station cost factors, capital costs for the estimated additional students to be
generated by the proposed development is $5,086,813.
• 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.
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
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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-
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 conditions: (a) Specify the proposed screen-
ing material and plant species for the garage elevations; (b) Provide for pedes-
trian access along the Brickell Avenue side of the site between Brickell Park
and the future Miami Circle Park and from Brickell Avenue to the south tower
lobby on the south side of the vehicular driveway; (c) Submit a tree disposition
and mitigation plan, which includes the Brickell Park parcel; (d) The large
specimen trees on the south side of the site, between the entry drive and the
Brickell Park shall be preserved as part of the development, as they help to
provide a buffer between the park and the vehicular lanes entering the site; (e)
The area adjacent to the Bay Walk shall be provided with a hardscape treat -
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ment to allow pedestrian connection to the Bay Walk (shown as green on the
ground floor plan). (f) A final landscape plan shall be submitted for review and
approval of the Planning Director prior to the issuance of a building permit.
12. Pursuant to comments by City of Miami Public Works Department, the subject
property must be replatted to establish a new lot line to include additional prop-
erty from the Brickell Park subdivision or a Covenant in Lieu of Unity of Title
which is in compliance with all applicable provisions of the Zoning Ordinance,
must be recorded prior to issuance of a building permit.
13. That the requested application for the Change of Zoning, and the accompany-
ing Future Land Use Change on this property are approved by the City Com-
mission.
14. Pursuant to HEPB Resolution 2005-36, the applicant shall meet the following
conditions: (1) Prior to any archeological investigations or ground disturbing
activities, submit the following to the City of Miami: (a) An overlay map (scale
of 1:200) showing the proposed development area and proposed ground
disturbing and land alteration activities in relationship to: (i) The Miami Circle
and Brickell Park; (ii) The detailed locations of all known cultural material and
human remains identified during previous investigations on the subject parcel,
including Brickell Park; (iii) Areas of archeological sensitivity within the
Sheraton parcel; (b) An Unanticipated Finds Plan that outlines (1) the specific
steps to be followed and (2) the responsibilities of the applicant should human
remains be identified during archeological investigations or monitoring and
construction to ensure compliance with chapter 872, f.s. (offenses concerning
dead bodies and graves). Jurisdiction over human remains shall rest entirely
with the State of Florida pursuant to chapter 872; (2) Submit monthly reports to
the City of Miami during any archeological monitoring activities to document
the results of any finds; (3) Provide written notice to the City within 24 hours of
the discovery of a significant archeological find or human remains; (4) Submit
two final reports to the City of Miami within 90 days of completion of the
preliminary archeological investigations and monitoring. If human remains are
identified, a copy of the final report with a cover letter (with a copy to the City of
Miami) shall also be submitted to the Florida State Archaeologist; (5) Submit a
detailed archeological management plan, prior to the commencement of any
construction activities, to the City of Miami, if significant archeological material
is identified; (6) No trees shall be planted and/or relocated in that area west of
the historic shoreline as delineated on the "Map Showing Location of Proposed
Tree Planting" prepared by the Archaeological Conservancy. (This map is
attached.)
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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