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HomeMy WebLinkAboutMUSP CC AnalysisANALYSIS MAJOR USE SPECIAL PERMIT for 1080 BRICKELL located at approximately 1110 Brickell Avenue LEGISTAR FILE ID: 06-00402mu Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the 1080 Brickell project (MU-2006-006), located at approximately 1110 Brickell Avenue, Miami, Florida, has been reviewed to allow a Major Use Special Permit per Articles 9, 13 and 17, to construct an approximate 491-foot, 43- story high mixed use structure to be comprised of approximately 315 total multifamily residential units with recreational amenities; approximately 1,250 square feet of retail space; and approximately 691 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, Section 1701(1), for development of 315 total residential units; MUSP, as per Article 17, Section 1701 (7), for parking of 637 total parking spaces; MUSP, as per Article 5, Section 502, PUD Districts, to increase the floor area by twenty percent (20©/0), total area = 74,683 square feet. Per City Code, Chapter 36-6, request for waiver of noise ordinance for construction equipment for continuous pours. The Major Use Special Permit encompasses the following Special Permits and the additional requests. VARIANCES VARIANCE, pursuant to Ordinance 11000, as amended, Article 19. Application for variance from terms of ordinance, Supplement 13, as per Article 6 Special Districts General Provisions, Section 605.8, Minimum yards, setbacks, open space, through block connections, waterfront walkways, Sub -Section 605.8.1 (2), a front yard adja- cent to street requires twenty (20) feet. Front Yard on SE Miami Avenue Front Yard Required: Front Yard Proposed: Request to Waive: 20 Feet 10 Feet 10 Feet CLASS II SPECIAL PERMITS CLASS II SPECIAL PERMIT, as per Article 6, SD Special District General Provi- sions, Section 605 SD-5 Brickell Avenue Area Office -Residential District, Sub - Section 605.7.2 Allowable increase in floor area for offsite affordable housing, retail, service, restaurants, museums, art galleries, post offices, and libraries at ground Page 1 of 7 level, underground parking, and day care, to allow an increase of the Floor Area by one (1) times the gross lot area (87,862 SF), provided that the maximum one (1) off - site affordable housing bonus must be used before other bonuses become applica- ble and for every one (1) square foot of increase there shall be a nonrefundable de- veloper contribution of twelve dollars and forty cents ($12.40) which is an amount of $1,089,488,80 to the Affordable Housing Trust Fund administered by the City of Mi- ami. CLASS li SPECIAL PERMIT, as per Article 6, Section 606.3.1., or development of new construction within the SD-5; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow construction fence and covered walkway; CLASS Il SPECIAL PERMIT, as per Article 4, Section 401, for signage approval; CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, for access from public street roadway with driveway greater than twenty five (25) feet in width; CLASS 11 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 11 SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary offsite parking during construction. CLASS 1 SPECIAL PERMITS CLASS I SPECIAL PERMIT, as per Determination of Use No. 200040-007 dated September 14, 2004, to allow temporary parking of trailers or manufactured homes used in connection with such land development activities as temporary construction offices or sales centers; CLASS I SPECIAL PERMIT, as per Article 6, Section 606.5.2, to allow temporary special event namely a ground breaking ceremony; CLASS I SPECIAL PERMIT, as per Article 9, Section 918, Sub -Section 918.2. Tem- porary off-street offsite parking for construction crews during construction; CLASS I SPECIAL PERMIT, as per Article 10, Section 10.6.3.6, to allow develop- ment signs in conjunction with construction. 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 ail 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 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: Page 2 of 7 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 SE 12th Street and Brickell Plaza. • It is found that the subject property is located in the "Amended Map of Brickell's Addition to 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). 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. It is found that the project has convenient access to the Metromover system at the Tenth Street Promenade station, located 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 proposed project is located within an Archeological Conservation area. • It is found that the proposed building is located on the west parcel (Parcel 2) of a 1.57± net acre two parcel property, with the existing use being a 1-story parking garage with rooftop parking for the existing 9-story 91,760-square foot office building (1110 Brickell Avenue) on the east parcel (Parcel 1). It is found that the actual physical location and vehicular access to proposed building is on Brickell Plaza. There is an "Exit Only" to Brickell Avenue at the east side of the property as Parcel 2 is shaped with a narrow access to Brickell Avenue. • It is found that the proposed project will be using the FAR and parking from adjacent existing office building. It is found that the applicant is proposing two versions (Option "A" and Option "B") of the project, with Option "B" requiring the approval of a 10-foot setback variance from Brickell Plaza in lieu of providing 20 feet. Without the 10-foot variance (Option "A"), the two towers above the parking garage are separated by a recreation deck of 74 feet, 8 inches. With the 10-foot variance (Option "B"), the separation is 84 feet, 8 inches. • It is found that the proposed residential density of the project (315 units at 201 units per acre) is below the maximum density of 500 units on the 1.57± net acre site. • It is found that the total allowable combined floor area without bonuses for the 2.02± gross acre site at a Floor Area Ratio (FAR) of 4.25 is 373,413.5 square feet. The project as proposed is requesting bonuses of 20% PUD (74,683 sq. ft. of which 214.5 sq ft is being used) and 1.0 FAR Affordable Housing Trust Fund (87,862 sq. Page 3 of 7 ft,) in addition to the existing 91,760 square feet for a total proposed FAR of 375,317 square feet from an allowable 535,958 square feet, It is found that pursuant to Article 6, Section 605, the proposed project is requesting a development bonus of 87,862 square feet of additional floor area, and shall make a non-refundable bonus developer contribution to the Affordable Housing Trust Fund at amount of $12.40 per square foot for a total of $1,089,488.80. • It is found that the project is expected to cost approximately $256,734,910, and to employ approximately 262 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 14 permanent new jobs (FTE) and will generate approximately $1,314,490 annually in tax revenues to the City (2006 dollars). • It is found that on December 22, 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) SE 1 Avenue - Replace all broken and damaged sidewalks, curb and gutter adjacent to the project site. Mill and resurface the full width of the pavement, curb to curb, adjacent to the project site; (b) Brickell Avenue - Coordinate the replacement of all broken and damaged sidewalk, curb and gutter adjacent to the project site with the Florida Department of Transportation. • 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 at that location. In addition, the analysis indicates that the structure may impact the Terminal Instrument Procedures (TERPS) for Departure and Approach on some of the runways at Miami International Airport (MIA). Any proposed construction exceeding 200 feet 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 Miami -Dade Public Schools provided a preliminary review of the proposed project on January 4, 2006. The student population generated by this development is estimated at 57 students. The schools serving this area of application are Southside Elementary (26 students) — 175% Florida Inventory School Houses (FISH) Capacity with the proposed project; Shenandoah Middle (14 students) — 105% FISH; and Booker T. Washington Senior High (17 students) — 69% FISH. Pursuant to the interlocal agreement, only Southside Elementary meets the review threshold of 115%. As of April 2005, the Proposed Relief School in the area is New Elementary at Southside Elementary (for Coral Way/Silver Bluff/Southside Elementary School relief with 1,221 student stations). 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 $373,293, 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 $945,752. • It is found that the Large Scale Development Committee reviewed the project on January 4, 2006 to address the expressed technical concerns raised at said Large Scale Development Committee meeting. Page 4 of 7 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. 1-18-06-1: Option A and 1-18-06-2: Option B) with conditions. • It is found that the proposed project was reviewed by the Internal Design Review Committee on November 8, 2005, and the following revised pertinent comments were made on January 31, 2006 after the January 18, 2006 UDRB Meeting: Submittal — Staff needs to see details of the louvers or other garage screening proposed. Enlarged views, colors, materials, wall section or other materials to show how the proposed screening will look aesthetically and function for air flow and to block lighting at night; Parking Garage - The north garage elevation should include some architectural features resembling the rest of the building and (See south facade) to break up the massive wall of louvers. Please include areas of stucco detailing related to the design of the building facade; Landscaping - The landscape plan must include the entire site, including the existing 1110 office building. (Due to the fact that the new proposal is entering into a parking agreement and upgrading 1110's parking facility these projects are tied together for site planning). The Planning Department's review resulted in design modifications that were then recommended for approval to the Planning Director. • It is found that on January 31, 2006, the City's Traffic Consultant, URS Corp., provided a review (W.O. #144) 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 Miami Zoning Board on March 27, 2006, Item No. 13, for a Variance (Option "B") in which the recommendation of Approval FAILED (Reso. ZB-06-1161) for a lack of five affirmative votes, four to two (4-2). • 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 Page 5 of 7 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- 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. Page 6 of 7 11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions for both Option "A" and "8": (a) More details of the louvers or other garage screening proposed is required with enlarged views, col- ors, materials, wall section or other materials to show how the proposed screening will look aesthetically and function for air flow and to block lighting at night; (b) The north garage elevation shall include some architectural features resembling the rest of the building and to break up the massive wall of louvers; (c) The landscape plan must in- clude the entire site, including the existing 1110 office building due to the fact that the new proposal is entering into a parking agreement and upgrading 1110's parking facility these projects are tied together for site planning. 12) Pursuant to comments by the City of Miami Public Works Department, the following street improvements shall be required of the applicant: (a) SE 1 Avenue - Re- place all broken and damaged sidewalks, curb and gutter adjacent to the project site. Mill and resurface the full width of the pavement, curb to curb, adjacent to the project site; (b) Brickell Avenue - Coordinate the replacement of all broken and damaged side- walk, curb and gutter adjacent to the project site with the Florida Department of Trans- portation. 13) 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. 14) A development bonus to permit a mixed use of 87,862 square feet of floor area shall require a non-refundable payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot for a total of $1,089,488.80. 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