HomeMy WebLinkAboutPAB 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%), 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.
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
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 II 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 II SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
Page 1 of 7
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 II 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 II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary offsite
parking during construction.
CLASS I 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 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 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 oportunities 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).
Page 2 of 7
• 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.) and 1.0 FAR
Affordable Housing Trust Fund (87,862 sq. 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).
Page 3 of 7
• 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.
• 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 LIDRB 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
Page 4 of 7
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, 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
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.
Page 5 of 7
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.
11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) More details of the louvers or other ga-
rage screening proposed is required with enlarged views, colors, materials, wall section
or other materials to show how the proposed screening will look aesthetically and func-
tion 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 mas-
sive wall of louvers; (c) 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 park-
ing 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-
Page6of7
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