HomeMy WebLinkAboutAnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
1101 Bricked
located at approximately
1101 Brickell Avenue
CASE NO. 2005-102
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for 1101 Brickell project (MU-2005-035) has been re-
viewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, located at ap-
proximately 1101 Brickell Avenue, Miami, Florida, to construct an approximate 849-foot,
74-story high mixed use structure to be comprised of approximately 650 total multifamily
residential units with recreational amenities; approximately 269,000 square feet of exist-
ing office space; approximately 30,007 square feet of retail space; and approximately
1,529 total parking spaces; 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 650 residential units;
MUSP, as per Article 17 for parking of approximately 1,470 parking spaces;
MUSP, as per Article 5, Section 502, PUD Districts; to increase the floor area by
twenty percent, for a total of 146,821 square feet of bonus;
Per City Code, Chapter 36, construction equipment request for waiver of noise
ordinances while under construction for continuous pours.
The Major Use encompasses the following Special Permits:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 6, Section 605.7.2.1B 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 172,731 square feet of
additional floor area, and to pay into the Affordable Housing Trust Fund an
amount of $12.40 per square foot - $2,141,186.40;
CLASS II SPECIAL PERMIT, as per Article 6, Section 605.3.1, for development
of new construction within the SD-5/Brickell Avenue Area Office -Residential
District;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow a
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 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 I 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;
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CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver
of City of Miami Parking Guides and Standards for reduction of the required
extra (1) foot where a side of parking stall abuts a wall.
CLASS I SPECIAL PERMITS
CLASS !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 925.3.8, to allow
development/construction/rental signage;
CLASS 1 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 satisfied 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 at the
northwest corner of Brickell Bay Drive and SW 11 th Street.
• It is found that the subject property is located in the "Brickell's Addition to the Map of
Miami" Plat within the Brickell Business District neighborhood of the City.
• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the property is SD-5 (Brickell Avenue Area Office -
Residential 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 is "Office".
• It is found that the proposed project is located along a Primary Pedestrian Pathway.
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• It is found that the project has convenient access to the Metromover system at the
Tenth Street/Promenade station, located approximately two blocks 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.
• It is found that the residential density of the project (650 units at 202 units per acre)
is below the maximum 1,610 units (500 units per acre) on the 3.22± net acre site.
• It is found that the property is the location of the existing 11- and 19-story Banco de
Venezuela office buildings (with 269,000 square feet of office use at the 1101
Brickell Avenue address) in addition to the 10-story parking garage adjacent to the
east. The proposed structure will replace the parking garage and the existing United
States Post Office location within the office building will be relocated into the
proposed structure.
• Pursuant to Article 6, Section 605.7.2.1B, the proposed project is requesting a
development bonus of 172,731 square feet of additional floor area, and shall pay
into the Affordable Housing Trust Fund at amount of $12.40 per square foot =
$2,141,186.40.
• It is found that the project is expected to cost approximately $256,000,000, and to
employ approximately 770 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 51 permanent new jobs
(FTE) and will generate approximately $3,978,572 annually in tax revenues to the
City (2005 dollars).
• It is found that on October 4, 2005, the City of Miami Public Works Department
provided a review of the project and commented that: (a) A portion of the property is
not platted. The filled land between the easterly end of the original lot 18 and
Brickell Bay Drive must be platted; (b) Brickell Avenue — Coordinate replacement of
broken and damaged sidewalk, curb and gutter with the Florida Department of
Transportation; (c) Brickell Bay Drive - Applicant shall replace all damaged and
broken sidewalk, curb and gutter on both sides of the street and mill and resurface
the street, curb to curb, adjacent to the project site.
• It is found that on October 12, 2005, the Miami -Dade Aviation Department provided
a Height Analysis review of the proposed project and found that it conforms to the
Miami -Dade County Height Zoning Ordinances. However, the analysis indicates that
the structure may impact the Terminal Instrument Procedures for Departure and
Approach on some of the runways at Miami International Airport (MIA). The
proposed building height requires the applicant to file with the Federal Aviation
Administration (FAA) Form 7460-1, "Notice of Proposed Construction Alteration for
Determination of Known Hazards". In addition, construction cranes for this project
exceeding 200 feet in height must be filed using the same form.
• It is found that the Large Scale Development Committee reviewed the project on
October 19, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
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• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on October 19, 2005, which recommended
Approval (UDRB Reso. 10-19-05-4) with conditions.
• It is found that the proposed project was reviewed by the Historic and Environmental
Preservation Board (HEPB) on November 1, 2005, which approved (HEPB 2005-81)
a Certificate of Appropriateness for ground disturbing activity involving new
construction within an Archaeological Conservation Area subject to the following
conditions: (1) Submit monthly reports to the City of Miami during any archeological
testing and monitoring activities to document the results of any finds; (2) Submit two
(2) final reports to the City of Miami within 90 days of completion of the archeological
investigations and monitoring; (3) Submit a detailed archeological management or
mitigation plan to the City of Miami prior to the commencement of any further
archeological investigations or construction activities if significant archeological
material is identified.
• It is found that on November 9, 2005, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #131) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient.
• It is found that the Internal Design Review Committee reviewed a revised version of
the proposed project on December 6, 2005. The Planning Department's review
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 December 13, 2005. The student population generated by this
development is estimated at 117 students. The schools serving this area of
application are Southside Elementary (54 students) — 187% Florida Inventory School
Houses (FISH) Capacity with the proposed project; Shenandoah Middle (29
students) — 106% FISH; and Booker T. Washington Senior High (25 students) —
69% FISH. Pursuant to the interlocal agreement, only Southside Elementary meets
review threshold of 115%. As of January 2005, the Planned Relief Schools in the
area are State School "K-1" (for Coral Way/Silver Bluff and Southside Elementary
Schools with 1,221 student stations) with an Occupancy Date Funding Year of 2006-
07. 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 $766,233.
Based on the State's December 2005 student station cost factors, capital costs for
the estimated additional students to be generated by the proposed development is
$1,934,354.
• It is found that with respect to all additional criteria as specified in Section 1305.2 of
Zoning Ordinance 11000, the proposal has been found to adhere to the following
Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and
Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and
Open Space; (5) Vehicular Access and Parking; (6) Screening; (7) Signage and
lighting; (8) Preservation of Natural Features; and (9) Modification of
Nonconformities.
Based on these findings, the Planning Department is recommending approval of
the requested Development Project with the following conditions:
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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 re-
sponsibility, 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 Con-
tractor/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 man-
datory 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 in-
cludes 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 ap-
proval 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 devel-
oped or provided, the applicant shall provide the Planning Department with all subordi-
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nate Class I Special Permit plans and detailed requirements for final review and ap-
proval 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 de-
velopment order or captioned in the plans approved by it.
10) If the project is to be developed in phases, the Applicant shall submit an in-
terim plan, including a landscape plan, which addresses design details for the land oc-
cupying future phases of this Project in the event that the future phases are not devel-
oped, said plan shall include a proposed timetable and shall be subject to review and
approval by the Planning Director.
11) Pursuant to comments by the City of Miami Public Works Department, the
applicant shall meet the following conditions: (a) The filled land between the easterly
end of the original lot 18 and Brickell Bay Drive must be platted; (b) Brickell Avenue —
Coordinate replacement of broken and damaged sidewalk, curb and gutter with the Flor-
ida Department of Transportation; (c) Brickell Bay Drive - Applicant shall replace all
damaged and broken sidewalk, curb and gutter on both sides of the street and mill and
resurface the street, curb to curb, adjacent to the project site.
12) Pursuant to HEPB Resolution 2005-081, the applicant shall meet the follow-
ing conditions: (a) Submit monthly reports to the City of Miami during any archeological
testing and monitoring activities to document the results of any finds; (b) Submit two fi-
nal reports to the City of Miami within 90 days of completion of the archeological investi-
gations and monitoring; (c) Submit a detailed archeological management or mitigation
plan to the City of Miami prior to the commencement of any further archeological inves-
tigations or construction activities if significant archeological material is identified.
13) A development bonus to permit a mixed use of 172,731 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $2,141,186.40.
14) Within 90 days of the effective date of this Development Order, record a
certified 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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