HomeMy WebLinkAboutPAB AnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
BRICKELL VIEW TERRACE
located at approximately
936 and 940 SW 1st Avenue and 110 SW 9th Street
LEGISTAR FILE ID: 06-00601mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Brickell View Terrace project (MU-2006-018), lo-
cated at approximately 936 and 940 SW 1st Avenue and 110 SW 9th Street, Miami,
Florida, has been reviewed to allow a Major Use Special Permit per Articles 5, 9, 13 and
17, to construct an approximate 244-foot, 24-story high mixed use structure to be com-
prised of approximately 119 total multifamily residential units with recreational amenities;
approximately 836 square feet of accessory retail space; and approximately 274 total
parking spaces; providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERMIT, 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 35,518 square feet of floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (8)
and ARTICLE 9, Section 914, Sub -Section 914.2 F.A.R. and off-street parking bo-
nuses for lots in vicinity of Metrorail and Metromover; exceptions, to allow an in-
crease of (10) percent of additional floor area as a development bonus of approxi-
mately 17,759 square feet, when consistent with the Miami Comprehensive
Neighborhood Plan;
This Major Use Special Permit encompasses the following Special Permits and Re-
quests:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub -Section 908.2,
Access, to allow driveways of width grater than 25 feet in this case a driveway width
of 26 feet 4 inches;
CLASS II SPECIAL PERMIT, as per Article 9, Section 917.4 Class II Special Permits
required for substantial modification of existing facilities including ten or more
spaces, to allow substantial modification of existing parking facility including ten or
more spaces;
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; crite-
ria and limitations on reductions, to allow reduction of two (2) loading berth dimen-
sions as follows;
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Required
Proposed
Two (2) 12 feet wide x 35 feet long x 15 feet high
Four (4) 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 al-
low temporary structures, occupancies, and uses reasonably necessary for con-
struction such as construction fence, covered walkway and if encroaching public
property must be approved by other city departments;
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, fes-
tival, 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 tempo-
rary 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
10.5.4.3, 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 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 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
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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 on southwest of SW 1st Avenue and SW 9th Street.
• It is found that the subject property is located in the "Miami Knowlton's" plat 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 Multi -Family Residential".
• It is found that the proposed project is not located along a Primary Pedestrian
Pathway.
• It is found that the proposed project is located in FEMA Flood Zone "X".
• It is found that the project has convenient access to the Metrorail/Metromover
systems at the Brickell Station, located adjacent east of the subject property, with
connections to the Tri-Rail system, for efficient use of existing mass transit systems.
• It is found that retail uses are not permitted as a primary use within the R-4
"Multifamily High Density Residential" zoning district. The proposed retail at this
project is accessory retail with internal building use only.
• It is found that the proposed building is located south and west of the existing 13-
story, 90,404 sq. ft., 80-unit Casa Grande Towers low income residential building
with the proposed structure to be built on the existing 77-space surface parking lot
for the Casa Grande.
• It is found that the existing condominium was the subject of a Special Exception
(Zoning Board Reso. 118-96) pursuant to Section 917.6 which permitted a parking
count of 78 spaces where 137 were required. This Major Use Special Permit
application (and subsidiary perrnits) does not alter the approved Special Exception.
• It is found that the proposed development will incorporate the existing condominium
and will be carried out in two phases: the parking garage will be constructed first to
accommodate the parking required for the Casa Grande condominium, after which
the remainder of the project consisting of a residential tower with 119 units will be
constructed.
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• It is found that the proposed residential density of the project (119 units at 86 units
per acre) is well below the maximum 207 units (150 units per acre) on the 1.38± net
acre site, which includes the Casa Grande residential building.
• It is found that the total allowable combined floor area without bonuses for the 2.37±
gross acre site (which includes the Casa Grande residential building) at a Floor Area
Ratio (FAR) of 1.72 is 177,590 square feet. The project as proposed is requesting
bonuses of 20% PUD (35,518 sq. ft.) and 10% FAR Metrorail Bonus (17,759 sq. ft.)
per Section 914.2 in addition to the existing 90,404 sq. ft. building for a total
proposed FAR of 230,841 square feet from an allowable 230,867 square feet.
• It is found that the proposed total number of parking spaces (approximately 268) for
the project is above the required number of 267parking spaces.
• It is found that the project is expected to cost approximately $64,978,363, and to
employ approximately 109 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 15 permanent new jobs
(FTE) for building operations and will generate approximately $350,255 annually in
tax revenues to the City (2006 dollars).
• It is found that on November 28, 2005, the City of Miami Public Works Department
provided a review of the project and commented that the following street
improvements shall be made: (a) SW 9th Street — Replace all damaged and broken
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 15t
Court; (b) SW 1st Court — Replace all broken and damaged sidewalk, curb and gutter
adjacent to the project site. Construct new sidewalk within the 25-foot required
corner dedication area. Mill and resurface the entire width, curb to curb, between
SW 9th Street and SW 10th Street; (d) SW 1st Court — The existing Banyan Tree on
the southeast corner of the project site shall be preserved. Construct new sidewalk,
curb and gutter on the north side of the street adjacent to the project site located as
to avoid damage to the tree root system. Replace all damaged sidewalk, curb and
gutter on the remainder of the street adjacent to the project site. Mill and resurface
the entire width, curb to curb, between SW 2nd Avenue and SW 1st Court.
• It is found that Miami -Dade Public Schools provided a preliminary review of the
proposed project on November 29, 2005. The student population generated by this
development is estimated at 37 students. The schools serving this area of
application are Southside Elementary (78 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) — 69% FISH.
Pursuant to the interlocal agreement, only Southside Elementary School meets the
review threshold of 115%.
• It is found that on December 9, 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. Any proposed
construction exceeding 200 feet requires the applicant to file with the Federal
Aviation Administration (FAA) Form 7460-1, "Notice of Proposed Construction
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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
December 21, 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 February 15, 2006, which recommended
Approval (UDRB Reso. 2-15-06-1) with conditions.
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on October 4, 2006 and the following revised pertinent comments were
made after the February 15, 2006 UDRB Meeting: Architecture — The ground level
along SW 9th Street deserves active space; Loading — (a) Relocate the loading dock
access to be off the service drive and add retail or community active space along
SW 10th Street. (2 loading spaces can be accommodated by expanding the current
parking spaces at the end.); (b) Consider requesting a special exception from the
Zoning Department to reduce loading requirements for this building; Landscape/
Streetscape - Consult a landscape architect and submit a complete landscape plan
in your Major Use Special Permit submittal (a) There is ample space to include
shade trees between the proposed palm trees along all streets to enhance the
pedestrian realm. Add some pervious landscaping against the existing building to
soften the residential and prevent individuals walking just outside private windows;
(b) As previously mentioned, create a courtyard amenity for residents of both
projects in the interior courtyard between the parking garage and the existing Casa
Grande. Add a pervious landscape including elements of grass, shade trees, ground
cover, path, benches, tables, and lighting. This will also serve to connect the
children's play area to the proposed residential tower; (c) As previously mentioned,
staff has questions about this children's play area enclosed by a solid wall along SW
9th Street. Show a photo of this area or explain how this space is to become an
active attractive space, landscaped, visible from the street, etc. The Planning
Department's review resulted in design modifications that were then recommended
for approval to the Planning Director.
• It is found that on March 24, 2006, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #140) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient.
• 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.
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-
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
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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 ground level along SW 9th Street
shall include active space; (b) Relocate the loading dock access to be off the service
drive and add retail or community active space along SW 10th Street; (c) Illustrate in
more detail the proposed children's play area enclosed by a solid wall along SW 9th
Street; (d) A final landscape plan by a registered landscape architect shall be submitted
for review and approval of the Planning Director prior to the issuance of a building per-
mit.
12) Pursuant to comments by the City of Miami Public Works Department, the
applicant shall meet the following conditions: (a) SW 9th Street — Replace all damaged
and broken 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
1st Court; (b) SW 1st Court — Replace all broken and damaged sidewalk, curb and gutter
adjacent to the project site. Construct new sidewalk within the 25-foot required corner
dedication area. Mill and resurface the entire width, curb to curb, between SW 9th Street
and SW 10th Street; (d) SW 1st Court — The existing Banyan Tree on the southeast cor-
ner of the project site shall be preserved. Construct new sidewalk, curb and gutter on
the north side of the street adjacent to the project site located as to avoid damage to the
tree root system. Replace all damaged sidewalk, curb and gutter on the remainder of
the street adjacent to the project site. Mill and resurface the entire width, curb to curb,
between SW 2nd Avenue and SW 1st Court.
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 9, 2005.
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 sev-
erally.
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