HomeMy WebLinkAboutPAB AnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
WEST BRICKELL CENTRE
located at approximately
240-270 and 290 SW 10th Street, 251-253, 255 and 267 SW 11th Street
LEGISTAR FILE ID: 06-00376mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for West Brickell Centre project (MU-2006-012), located
at approximately 240-270 and 290 SW 10th Street, 251-253, 255 and 267 SW 11th
Street, Miami, Florida, to construct an approximate 165-foot, 14-story high mixed use
structure to be comprised of approximately 192 total multifamily residential units with
recreational amenities; approximately 2,780 square feet of retail space; and approxi-
mately 323 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 City of Miami Zoning Ordinance 11000 as amended, Article 17, Sec-
tion 1701, Definition (9) and Article 5, Section 502, PUD districts; minimum area,
maximum densities and maximum floor area ratios permitted (a)(c), to allow up to
20% increase of floor area ratio, for an increase of approximately 26,660 square feet
of floor area;
MUSP, as per City of Miami Zoning Ordinance 11000 as amended, Article 17, Sec-
tion 1701(8), any increased development bonus to Article 9, Section 914 increase
the floor area by twenty five percent (25%), a development bonus of 33,325 square
feet of additional Floor Area, and to pay into Affordable Housing Trust Fund an
amount of $12.40 per square feet equal to $413,230.
The Major Use Special Permit encompasses the following Special Permits and the
additional requests:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 9, Section 927, Temporary structures,
occupancies, and uses during construction, criteria for special permits, to allow tem-
porary structures, occupancies, and uses reasonably necessary for construction
such as construction fence, covered walkway and if encroaching public property
must be approved by other city departments;
CLASS II SPECIAL PERMIT, as per Article 9, Section 906, Sub -Section 906.9,
Temporary special events; special permits; criteria, to allow temporary carnival, fes-
tival, fair or similar type event on privately owned or City -owned land such as a
ground breaking ceremony;
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per Article 9, Section 916, Sub -Section 916.2.1,
Temporary special event parking, to allow parking for temporary special event such
as ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918, Sub -Section 918.2, Tem-
porary off-street offsite parking for construction crews, criteria, to allow temporary
Page 1 of 7
off-street offsite parking for construction crews working on a commercial -residential
project under construction;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920, Sub -Section 920.1.2,
Limitations on occupancy of mobile homes, to allow parking of mobile homes, trail-
ers or manufactured homes, when authorized for security or other purposes in con-
nection with land development such as construction trailer(s) and other temporary
construction offices such as watchman's quarters, leasing and sales centers;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.5, Sub -Section 10.5.3.4,
R-4 Multifamily High -Density Residential, Temporary Signs (3), to allow temporary
development signs;
REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment
(a) permitting the operation of construction equipment exceeding the sound level of a
reading of 0.79 weighted average dBA at any time and/or day subject to the City Man-
ager Exception pursuant to Section 36-6 (c) and all the applicable criteria;
REQUEST for applicable MUSP, that the following conditions be required at the time of
issuance 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 and commercial opportunities in the Downtown NET District,
located at the northeast corner of SW 3ra Avenue and SW 11th Street.
• It is found that the subject property is located in the "Miami Height" and "City of
Miami" Plats within the West Brickell 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 R-4 "Multifamily High Density
Residential".
• 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 "High
Density Multifamily Residential".
Page 2 of 7
• It is found that the proposed project is not located along a Primary Pedestrian
Pathway.
• It is found that the proposed project is located within an Archeological Conservation
area.
• It is found that the proposed residential density of the project (192 units at 141 units
per acre) is below the maximum density (205 units) on the 1.36± net acre site.
• It is found that the total allowable combined floor area without bonuses for the 1.78±
gross acre site at a Floor Area Ratio (FAR) of 1.72 is 133,300 square feet. The
project as proposed is requesting bonuses of 20% PUD (26,660 sq. ft.) and 25%
Affordable Housing Trust Fund (33,325 sq. ft.) for a total proposed FAR of 192,500
square feet from an allowable 193,285 square feet.
• Pursuant to Article 9, Section 914, the proposed project is requesting a development
bonus of 33,325 square feet of additional floor area, and shall pay into the
Affordable Housing Trust Fund at amount of $12.40 per square foot = $413,230.
• It is found that the project is expected to cost approximately $45,000,000, and to
employ approximately 193 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 10 permanent new jobs
(FTE) and will generate approximately $354,367 annually in tax revenues to the City
(2006 dollars).
• It is found that on December 16, 2005, the City of Miami Public Works Department
provided a review of the project and commented that the following street
improvements shall be required: (a) SW 3rd Avenue - Replace all broken and
damaged sidewalk, curb and gutter on both sides of the avenue. Mill and resurface
the entire width, curb to curb, between SW 10th Street and SW 11th Street; (b) SW
10th Street - Replace all broken and damaged sidewalk, curb and gutter on both
sides of the street adjacent to the project site. Mill and resurface the entire width,
curb to curb, between SW 2nd Avenue and SW 3rd Avenue; (c) SW 11th Street —
Replace all broken and damaged sidewalk, curb and gutter on both sides of the
street adjacent to the project site. Mill and resurface the entire width, curb to curb,
between SW 2nd Avenue and SW 3rd Avenue.
• It is found that Miami -Dade Public Schools provided a preliminary review of the
proposed project on December 18, 2005. The student population generated by this
development is estimated at 37 students. The schools serving this area of
application are Southside Elementary (17 students) — 171% Florida Inventory School
Houses (FISH) Capacity with the proposed project; Shenandoah Middle (9 students)
— 104% FISH; and Booker T. Washington Senior High (11 students) — 68% FISH.
Pursuant to the interlocal agreement, only Eneida M. Hartner Elementary meets the
review threshold of 115%. As of April 2005, the Proposed Relief School in the area
is New Elementary at Southside Elementary (Coral Way/Silver Bluff/Southside
Elementary) 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
$242,313. 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 $613,156.
Page 3 of 7
• It is found that on December 22, 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. Any proposed construction
below 200 feet will not require the applicant to file with the Federal Aviation
Administration (FAA) Form 7460-1, "Notice of Proposed Construction Alteration for
Determination of Known Hazards". However, any 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
December 28, 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 January 18, 2006, which recommended
Approval (UDRB Reso. 1-18-06-4) with conditions.
• It is found that on January 31, 2006, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #143) 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 Internal Design Review
Committee on October 11, 2005, and the following revised pertinent comments were
made on January 31, 2006 after the January 18, 2006 UDRB Meeting: Context/Site
Plan - The retail space should be oriented to the street in order to activate the street
and provide interest to pedestrians. The retail space should have entrances from
the public sidewalk; Parking/Garage - The articulation of the parking garage on the
east and west side of the property should be detailed with screening within the
openings so that cars and garage lights are hidden from view and will not disturb
inhabitants of the adjacent properties. Please detail the color, materials, dimension
of mesh spaces, wall section of construction to be used; Landscaping — (1) Submit
a complete landscape plan. Planting materials should be specified as to 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; (2) Provide additional details of the landscaping of the park. The
landscape plan shall include details of the park benches, lighting, and other features;
(3) Specify a full size palm species to be planted along the interior alley and include
a small 3' landscape verge or plant the palms in a landscaped planter bed to
increase the size for root growth and precipitation; (4) Continue the pervious
landscape characteristic of the neighborhood around the entire project's street
edges. We suggest large sidewalks and additional landscape would emphasize the
lobby entrances; (5) Provide the materials to be used on the service alley and
interior sidewalks; (6) A lush landscape buffer shall be provided along the property
adjacent to the existing residences consisting of shade and understory trees, shrubs
and groundcover. This area does not need a pedestrian sidewalk and should be
pervious open space. Existing trees number 6, 7, 8 and 10 seem to be out of the
construction area and would help the buffer or could be relocated to the parks; (7)
The trees listed to be relocated should be added into the proposed park at the
corner of SW 10th Street and SW 3`d Avenue. The Planning Department's review
resulted in design modifications that were then recommended for approval to the
Planning Director.
Page 4 of 7
• 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:
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.
Page 5 of 7
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-
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 design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) The retail space shall be oriented to the
street in order to activate the street and provide interest to pedestrians, and should have
entrances from the public sidewalk; (b) The articulation of the parking garage on the
east and west side of the property should be detailed with screening within the openings
so that cars and garage lights are hidden from view and will not disturb inhabitants of
the adjacent properties. Please detail the color, materials, dimension of mesh spaces,
wall section of construction to be used; (c) 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 the City of Miami Public Works Department, the
following street improvements shall be required of the applicant: (a) SW 3rd Avenue -
Replace all broken and damaged sidewalk, curb and gutter on both sides of the avenue.
Mill and resurface the entire width, curb to curb, between SW 10th Street and SW 11th
Street; (b) SW 10th Street - Replace all broken and damaged sidewalk, curb and gutter
on both sides of the street adjacent to the project site. Mill and resurface the entire
width, curb to curb, between SW 2nd Avenue and SW 3rd Avenue; (c) SW 11th Street —
Replace all broken and damaged sidewalk, curb and gutter on both sides of the street
adjacent to the project site. Mill and resurface the entire width, curb to curb, between
SW 2nd Avenue and SW 3rd Avenue.
13) A development bonus to permit a mixed use of 33,325 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $413,230.
14) Prior to the issuance of a building permit, the applicant shall submit a letter of
approval of the proposed height from the Miami -Dade County Aviation Department. If no
such approvals are granted, the height of the proposed project shall be reduced to those
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated December 22, 2005.
Page 6 of 7
15) 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.
Page 7 of 7