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Home My WebLink AboutCC MUSP AnalysisANALYSIS SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT for BRICKELL STATION located at approximately 550 Brickell Avenue and 31, 39, 41, 47, 51, 57, 59 and 65 SE 6 Street LEGISTAR FILE ID: 04-00650mm Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Brickell Station project (MU-2006-007) has been reviewed to allow a Substantial Modification to a Major Use Special Permit, Resolution 04-0420, pursuant to Articles 5, 13, 17 and 22 of Zoning Ordinance No. 11000, as amended, located at approximately 550 Brickell Avenue and 31, 39, 41, 47, 51, 57, 59 and 65 SE 6 Street, Miami, Florida, to allow the modification of the previously approved 500 Brickell MUSP, to construct an additional approximate 568-foot, 53-story high mixed use structure to be comprised of approximately 232 total multifamily residential units with recreational amenities, approximately 4,978 square feet of retail space, and ap- proximately 307 total parking spaces, providing for certain floor area ratio ("FAR") bo- nuses. This Permit also includes the following requests: MAJOR USE SPECIAL PERMITS MUSP, as per Article 17, Section 1701, Definition (9) and Article 5, Sect. 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 94,352 square feet of floor area; MUSP, as per Article 17, Section 1701, Definition (1), to allow a residential de- velopment involving in excess of two hundred (200) dwelling units; The Substantial Amendment to the Major Use Special Permit encompasses the following Special Permits and the additional requests: VARIANCES REQUEST, for VARIANCES, as per, Article 19, Section 1901, Article 6, Section 607, Sub -Section 607.8, Sub -Section 607.8.1, Minimum Yards; SE 5th Street Required Street Side Yard Proposed Street Side Yard Request to waive SE 6th Street Required Street Side Yard Proposed Street Side Yard Request to waive 15 feet-0 inch 2 feet-10 inches 12 feet-2 inches 15 feet-0 inch 2 feet-10 inches 12 feet-2 inches 04-00650mm Page 1 of 9 SE 1st Avenue Required front yard Proposed front yard Request to waive 15 feet-0 inch 3 feet-1 inch 11 feet-11 inches REQUEST, for VARIANCES, as per, Article 19, Section 1901, Article 6, Section 607, Sub -Section 607.8, Sub -Section 607.8.2, Sub -Section 607.8.2.1 (1) Maxi- mum ground floor setbacks; Maximum ground setback allowed: Maximum ground setback proposed: Request to waive SE 1st Avenue 20 feet-0 inch 27 feet-3/4 inch 7 feet-3/4 inches CLASS 11 SPECIAL PERMITS CLASS II SPECIAL PERMIT, as per Article 6, Section 607.3, Class II Special Permit, to allow erection of any new building in SD-7 district; CLASS 11 SPECIAL PERMIT, as per Article 6, Section 607.8, Sub -Section 607.8.3 Open space and residential recreational space, to allow open space and and/or residential space conforming " The City of Miami Design Guides and Standards for Open Space and Residential Recreational Space"; CLASS II SPECIAL PERMIT, as per Article 9, Section 923, Sub -Section 923.2, Sub -Section 923.2.1. Reduction in stall dimensions by Class II Special Permit; criteria and limitations on reductions, to allow reduction of three (3) loading berth dimensions as follows; Required: Three (3) 12 feet wide x 35 feet long x 15 feet high Proposed: Three (3) 10 feet wide x 20 feet long x 15 feet high CLASS II SPECIAL PERMIT, as per Article 9, Section 927. Temporary struc- tures, occupancies, and uses during construction, criteria for special permits, to allow temporary 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 15, Sect.1512, Off -Street Parking Guides & Standards, B. Length and width of stalls, to allow a waiver of the re- quired one (1) additional foot to the stall width dimension, in nine (9) out of the sixty eight (68) parking stalls in surplus of the two hundred thirty nine (239) re- quired, abutting a wall, fence, building, or other physical obstruction to permit the minimum stall width dimension of 8'-6" from the face of any obstruction; 04-00650mm Page 2of9 CLASS I SPECIAL PERMITS CLASS I SPECIAL PERMIT, as per Article 9, Section 906, Sub -Section 906.9. Temporary special events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremony; 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. Temporary off-street offsite parking for construction crews, criteria, to allow tem- porary 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, trailers or manufactured homes, when authorized for security or other purposes in connection 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 10.6, Sub -Section 10.6.3.7, SD-7 Central Brickell Rapid Transit Commercial -Residential District, 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 read- ing of 0.79 weighted average dBA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria; REQUEST for applicable Substantial Modification of Major Use Special Permit, 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, 13, 17 and 22 of Zoning Ordinance 11000, approval of the requested Substantial Modification to a 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 04-00650mm Page 3 of 9 (LSDC) and the Planning Internal Design Review Committee for additional input and recommendations; the following findings have been made: It is found that this Substantial Modification to a Major Use Special Permit will allow a development of an additional approximate 568-foot, 53-story high mixed use structure to the west of the 500 Brickell MUSP site to be comprised of approximately 232 total multifamily residential units with recreational amenities, approximately 4,978 square feet of retail space, and approximately 307 total parking spaces, providing for certain floor area ratio ("FAR") bonuses. • 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 northeast corner of SE 1 Avenue and SE 6 Street. • It is found that the subject property is located in the "Brickell's Addition to the Map of Miami" Plat within the Brickell Village neighborhood of the City. It is found that the existing zoning designation for the Brickell Station site (Lots 9 thru 11) pursuant to the Zoning Ordinance of the City of Miami, Florida is SD-7 (Central Brickell Rapid Transit Commercial -Residential). The zoning designation for the 500 Brickell Site (Lots 1 thru 8) 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 Brickell Station site (Lots 9 thru 11) is "Restricted Commercial". The existing Future Land Use category for the 500 Brickell site is "Office" (Lots 1 thru 3) and "Restricted Commercial" (Lots 4 thru 8). • 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 Fifth Street station, located just north and west 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 project is located in FEMA Flood Zone "AE-9". • It is found that the residential density of the entire site (232 units at 0.465± acre- Brickell Station and 633 units at 1.268± acre-500 Brickell) is a total of 865 units at 500 units per acre. This is two (2) units less than the maximum density permitted (500 units per acre) on the 1.733± net acre site. • It is found that the total allowable combined floor area without bonuses for the 1.097± gross acre site (Brickell Station only) at a Floor Area Ratio (FAR) of 8.0 is 382,456 square feet. The project as proposed is requesting a bonus of 20% PUD (197,427 sq. ft. Tess the approved 103,075 sq ft. for the 500 Brickell project = 94,352 sq. ft.) for a total proposed FAR of 291,792 square feet (286,814 sq. ft. residential/95,614 sq. ft. non-residential) from an allowable 417,733 square feet 04-00650mrn Page 4 of 9 (322,119 sq. ft, residential/4,978 sq. ft. non-residential) with a remaining surplus of 125,941 sq. ft, • it is found that the maximum height of the proposed structure is approximately 568 feet. Pursuant to Article 6, Section 607.9., there are no height limits in the SD-7 Zoning district, • It is found that the proposed total number of parking spaces (approximately 307 including 6 Handicapped) for the project is above the required number of 239 parking spaces, including 6 Handicapped. • It is found that although the parking podiums for both the Brickell Station project and the 500 Brickell project abut each other, there is no vehicular connection between the two facilities. • It is found that the project is expected to cost approximately $66,930,000, and to employ approximately 362 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 14 permanent new jobs (FTE) for building operations and will generate approximately $1,097,199 annually in tax revenues to the City (2006 dollars). • It is found that the proposed project was reviewed by the Historic and Environmental Preservation Board (HEPB) on December 6, 2005, which approved (HEPB 2005-98) 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 December 30, 2005, the City of Miami Public Works Department provided a review of the project and commented that that the following street improvements shall be required: (1) SE 5 Street - Construct new sidewalk, curb and gutter on the south side of the street adjacent to the project site in accordance with the City's standard cross-section. Mill and resurface the entire width, curb to curb, between the Metromover and Brickell Avenue. Coordinate the resurfacing with the "500 Brickell" project and the "Brickell on the River" project; (2) SE 6 Street - Construct new sidewalk, curb and gutter on the north side of the street adjacent to the project site. Mill and resurface the entire width, curb to curb, between the Metromover and Brickell Avenue. Coordinate the resurfacing with the "500 Brickell" project and the "600 Brickell" project; (3) SE 1 Avenue — Replace broken and damaged curb and gutter adjacent to the project site. Mill and resurface the entire width, curb to curb, between SE 5 Street and SE 6 Street. • It is found that on January 3, 2006, 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. In addition, the analysis indicates that the structure may impact the Terminal Instrument Procedures (TERPS) for Departure and/or Approach on some of the runways at Miami International Airport 04-00650mm Page 5 of 9 (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 6, 2006. The student population generated by this development is estimated at 47 students, The schools serving this area of application are Southside Elementary (22 students) — 173% Florida Inventory School Houses (FISH) Capacity with the proposed project; Shenandoah Middle (12 students) -- 105% FISH; and Booker T. Washington Senior High (13 students) — 69% FISH. Pursuant to the interlocal agreement, none of the schools meet the review threshold of 115%. • It is found that the Large Scale Development Committee reviewed the project on January 25, 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 February 15, 2006, which recommended Approval (UDRB Reso. 2-15-06-9). • It is found that the proposed project was reviewed by the Internal Design Review Committee on February 8, 2006, and the following revised pertinent comments were made after the February 15, 2006 UDRB Meeting: Parking Garage — (1) We appreciate the continued refinement of the treatment on the garage facade. Please add an element of stucco (possible eyebrow) beneath the proposed glass panels, shown at the UDRB meeting, to accent this composition and break the garage massing to a perceivable level; (2) Any proposed screening shall block lighting from within the garage from view at night except the glass areas may give ambient lighting to artistically accentuate the composition at night. A filter cloth mesh may be used behind the metal blades to allow air flow and block light; (3) The department continues to be concerned that the proposed metal blade composition on the garage will be perceived as a large grill and does not relate to the human experience on the street or as seen from other buildings. Ideas discussed at our meeting on 2/7/2006 included adding additional stucco details and adding additional materials and colors to help break down this large space and create an extrapolation of tower elements and materials with the proposed garage screening. The scheme presented at UDRB began to help this condition; Pedestrian Realm - (1) Add shade trees along SE 5th Street in the public right-of-way continuing the same planting as proposed in the 500 Brickell project. A public easement may be required along the arcade for ADA accessibility compliance; (2) Refine the landscape plan of the pedestrian plaza at the corner of SE 5th Street and SE 1st Avenue. Cluster a few of these into pervious landscape beds to soften this corner; (3) The sidewalk around the SW corner of the site should remain a minimum width equivalent- extension of the arcade along SE 6th Street. The Planning Department's review resulted in design modifications that were then recommended for approval to the Planning Director. • It is found that on February 28, 2006, the City's Traffic Consultant, URS Corp., provided a review (W.O. #149) of the Traffic Impact Analysis submitted by the applicant and has found the traffic analysis sufficient. 04-00650m m Page 6 of 9 It is found that the proposed project was reviewed by the Miami Zoning Board on April 24, 2006, Item No. 7, for a Variance on Ground Floor, Side and Front yard setbacks, in which the Board recommendation of APPROVAL passed (Reso. ZB-06- 1173) by vote of five to one (5-1). • 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. 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 APPLICANTS 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 04-00650mm Page 7 of 9 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 Attorneys 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 Substantial Modification to a Major Use Spe- cial Permit. 9) In so far as this Substantial Modification to a Major Use Special Permit in- cludes 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 Plan- ning Department with all subordinate Class 1 Special Permit plans and detailed require- ments for final review and approval of each one prior to the issuance of any of the sub- ordinate 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 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) Add an element of to break the garage massing to a perceivable level subject to review and approval by the Planning Director; (b) Any proposed screening shall block lighting from within the garage from view at night except the glass areas may give ambient lighting to artistically accentuate the composi- tion at night. (c) Add shade trees along SE 5t" Street in the public right-of-way continuing the same planting as proposed in the 500 Brickell project; (c) Refine and soften the landscape plan of the pedestrian plaza at the corner of SE 5th Street and SE 1st Avenue by incorporating clustered pervious landscape beds. 12) Pursuant to comments by the City of Miami Public Works Department, the following street improvement shall be required of the applicant: (a) SE 5 Street - Con- struct new sidewalk, curb and gutter on the south side of the street adjacent to the pro- ject site in accordance with the City's standard cross-section. Mill and resurface the en- tire width, curb to curb, between the Metromover and Brickell Avenue. Coordinate the resurfacing with the "500 Brickell" project and the "Brickell on the River" project; (b) SE 6 Street - Construct new sidewalk, curb and gutter on the north side of the street adjacent to the project site. Mill and resurface the entire width, curb to curb, between the Metro - mover and Brickell Avenue. Coordinate the resurfacing with the "500 Brickell" project and the "600 Brickell" project; (c) SE 1 Avenue — Replace broken and damaged curb and gutter adjacent to the project site. Mill and resurface the entire width, curb to curb, between SE 5 Street and SE 6 Street. 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 04-00650mm Page 8 of 9 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 January 3, 2006. 14) Pursuant to HEPB Resolution 2005-098, 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. 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. 04-00650mm Page 9 of 9