HomeMy WebLinkAboutAnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
C|VUCA TOWERS
located atapproximately
1O5DNVV14thStreet
LEGISTAR FILE ID: 06-01242mu
Pursuant hoOrdinance 11OOO.asamended, the Zoning Ordinance ofthe City ofMiami,
Florida, the subject proposal for the Ciniva Towers project, located at approximately
1050 NW 14th 8treet, Miami, Florida, has been reviewed to allow a Major Use Special
Permit per Articles 5. 8. 13 and 17, to construct on approximate 280-h»ot. 25-story high
mixed use structure to be comprised of approximately 390.827 square feet of office
space; approximately 14.655 square feet ofretail space; approximately 43Ohotel rooms;
and appnoxinnate|y837 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, oeper ARTICLE 17. Section 1701. DefnitionKB
and ARTICLE S. Section 914. Sub -Section 914.1 Dwelling unit, square footage, and
Off -Street parking bonuses for C8Othbuh0n to Affordable Housing Trust Fund;
exoepdono, to allow an increase uptmtwenty (25) percent of additional floor area as
a development bonus of approximately 113.688 square feet, the user shall make m
non-refundable bonus developer contribution of an amount of $1.4O9.731.2Otothe
Affordable Housing Trust Fund administered bythe City nfMiami;
MAJOR USE SPECIAL PERMIT, moper ARTICLE 17. Section 1701. Definition /S\
and ARTICLE 5. Sect. 502. PUOdisthuhs; nnininnunn area, maximum densities and
maximum floor area ratios permitted (a)(c), to allow up to 20 % increase of floor area
ratim, for an increase of approximately 90.954 square feet of floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701. Definition C2>,
to mUovv o non-residential development involving in excess of two hundred thousand
(200,000) square feet of floor area;
MAJOR USE SPECIAL PERMIT, asper ARTICLE 17. Section 1701. Definition (7),
for any single use orcombination ofuses requiring urproposing toprovide inexcess
offive hundred (5OO) off-street parking spaces;
MAJOR USE SPECIAL PERMIT, osper ARTICLE 17. Section 1701. Definition (3).
for hotels involving in excess of three hundred fifty (350) rooms;
MAJOR USE SPECIAL PERM1T, as per ARTICLE 0, Section 610.5. Major Use
Special Permits in the SD-10 District (1), to allow m development involving in excess
of five hundred thousand (5OO,0OO) square feet nffloor area;
This Major Use Special Permit encompasses the h»Uovvng Special Pennho and
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CLASS USPECIAL PERMITS
CLASS U SPECIAL PERyN]T, as per ARTICLE O. Section 010.3.1. Class U Special
Permit, to allow erection of any new building in SD-10 district;
CLASS U SPECIAL PERM|T, as per ARTICLE O. Section 010.6. (3). Conditional
principal and access uaeo, to allow e restaurant open tothe outside ma a component
of a mixed -use development in SID-1 0 district;
CLASS || SPECIAL PERMIT, msper ARTICLE S. 8eutionSO8. Sub -Section 9O8.2.
Acoaaa, to allow driveways of width greater than 25 feet in this omae a driveway
width Df2S feet O inches;
CLASS | SPECIAL PERMITS
CLASS | SPECIAL PEFlW1|T, as per ARTICLE g. Section 927. Temporary stmctures,
oocupanciea, and uses during construction, criteria for special pernnbs, to allow
temporary atructuneo, ououpanciea, and uses reasonably necessary for construction
such as construction funoe, covered walkway and if encroaching public property
must beapproved byother city departments;
CLASS / SPECIAL PERMIT, as per ARTICLE S. Section 906. Sub -Section 906.9.
Temporary special events; special permits; criteha, to allow temporary carnival,
festival, fair or Sinni|a[ type event OD privately owned or City -owned |8Dd such as a
ground breaking ceremony;
CLASS SPECIAL PERMIT, moper ARTICLE 8. 8actionS10. Sub-SectionS16.21.
Temporary special evert poddng, to allow parking for temporary special event such
as ground breaking ceremonies;
CLASS | SPECIAL PERK8|T, as per ARTICLE 8, Section 818, Sub -Section 818.2.
Temporary off-street offsite parking for construction crevvo, crkeria, to allow
temporary off-street offsite parking for construction crews working on m commercial -
residential project underconntruction;
CLASS | SPECIAL PERM|T, as per ARTICLE 9. Section 920. Sub -Section 920.1.2.
Limitations on occupancy of mobile homes, to GUovv parking Of mobile homes,
trailers or manufactured honnes, when authorized for security orother purposes in
connection with land development such as construction trailer(s) and other
temporary construction offices such an watchman's quarters, leasing and sales
centers;
CLASS | SPECIAL PERKX|l[ as per ARTICLE 10. Section 10.5, Sub -Section
10.5.4.2. G/| Government and |nodituhnno[ Temporary Signs (3) . to allow temporary
development signs;
REQUEGT, for waiver of Chapter 36 NVise, Section 36-8 Construction Equipment (a)
permitting the operation of construction equipment exceeding the sound level of m
reading of 0.79 weighted average dBA at any time and/or day subject to the City
Manager Exception pursuant toSection 3O-O(c) and all the applicable criteria;
REQUEST for applicable MU8P conditions to be satisfied at the time of Gh9U Permit
instead nfatissuance ofFoundation Permit:
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a) The requirement to record in the Public Records m 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, D. 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:
w It isfound that the proposed development project will benefit the area by creating
additional commercial opportunities in the AUapaUah NET District, located at the
southwest corner of NW m
Street and State Road 836.
It is found that the subject property is located in the "First Addition to Medical Center"
plat within the Civic Center neighborhood of the City.
~ It is found that the proposed project is not located along a Primary Pedestrian
Pathway.
It is found that the proposed project is not located within on Archeological
Conservation area.
° |tiofound that the proposed residential density cfthe project (215unhsst11Ounito
per acre) is below the nnmxinnunn 273 units (150 units per acre) on the 1.82± net acre
site. Per Section 903.4. the 430 hotel rooms are equivalent to 215 dwelling units
(hotel rooms = 0.50 of a dwelling unit).
� |tiafound that the total allowable combined floor area without bonuses for the 5.2O±
gross acre site at a Floor Area Ratio (FAR) of 3.2 is 454.752 square fee{. The
project as proposed is requesting a bonus of2OY6 PUO (90.950.4 sq. ft.) and 25%
Affordable Mousing Trust Fund (113.688 sq. ft.), and an additional SD-19 FAR
bonus of3.2 (454.752 sq. M.) for a total allowable FAR ofO58.3SO.4 square feet, of
which 05S.215square feet ieproposed.
w It is found that pursuant to Article 9. Section 914. Sub -Section 914.1. the proposed
project is requesting a development bonus of 113.688 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
$1,408'731.20,
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It is found that the nnoxinnunn height of the proposed structure is mpproxirnotek/28O
feet. Pursuant to Article O. Section 610. there are no height limits in the proposed
S[}-10 zoning district.
It is found that the proposed open space for the project (16.945 sq. ft.) is above the
minimum required open space (114,211 sq. ft. at 10% GLA) for this project.
� It is found that the proposed total number ufparking spaces (approximately 837)for
the project is above the required nnininnunn number of 742 parking spaces. Per
Section 914.2. the applicant iaallowed o 1096 reduction (82spaces) from the actual
824totm| parking spaces required.
w It is found that the project is expected to cont approximately 8209.222.103. and to
employ approximately 380workers during construction (FTE-FullTinne Employees);
The project will also result in the creation of approximately 30 permanent new jobs
(FTE) for building operations and will generate approximately $1,894,609 annually in
tax revenues tothe City /2OOOdoUmra\.
� It is found that Miami -Dade Public Gohou|a provided a revised review of the
proposed project on April 20. 2008. The student population generated by this
development is estimated at 76 students. The schools serving this area of
application are Paul L. Dunbar Elementary (35 students) —O896 Florida Inventory
School Houses (FISH) Capacity with the proposed project; Citrus Grove Middle (18
students) — 14196 FISH; and Miami Jackson Senior High (22 students) —8096 FISH.
Pursuant to the |nter|noa| Aonaennert. only Citrus Grove Middle 8ohou| meets the
review threshold of 11596.
It is found that on Aoh| 25. 2006. the City of Miami Public Works Department
provided a review of the project and commented that: (1) Rep|mtting of the tract of
land is required to close and vacate the utility easements; and the following street
improvements shall be required: (2) NW14 m Street - Replace all damaged eidevvo|h
curb and gutter adjacent to the project site. Mill � and resurface the entire width, curb
�
to curb, adjacent to the project site and the intersection of NW 14 m Street and NW
11 th Avenue.
It is found that on May 1. 2006. the Miami -Dade Aviation Department provided m
Height Analysis review of the proposed project and found that it conforms to the
Miami -Dade County Height Zoning Ordinances at that location. In oddbion, the
analysis indicates that the structure may impact the Terminal Instrument Procedures
(TERP8) for Departure and Approach onsome ofthe runways at Miami International
Airport (MIA). Any proposed construction exceeding 2OOfeet requires the applicant
to file with the Federal Aviation Administration (FAA) Form 748O-1. "Notice of
Proposed <�onatruodonA|t*rahonfor Oaternninadon of Known Hazards". In addition.
construction cranes for this project exceeding 200feet in height must be filed using
the same form.
* It is found that the Large Soek* Development Committee reviewed the project on
May 17. 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
It is found that the proposed project was reviewed by the Internal Design Review
Connnobtae on May 50. 2006. and the following revised pertinent comments were
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nnmdo: Architecture — (1) The submitted changes to the program of the building
were found appropriate; (2) The committee appreciates the updated south elevation
of the garage. Consider providing a more random pattern of stucco panels along
this a|evehon, in keeping with the design spirit of the building; /3\ The committee
appreciates the garage treatment details provided in the latest submittal. Ensure
that garage lights will not be visible through the metal louver treatment. This can be
achieved by reversing the angle of the louver so that garage lights are not visible
from the street |eve|, or by placing o dense mesh material behind the louvers to
block light; (4) The committee appreciates the explanation of the intent of the art
images along the parking podium. Ensure that the intent of these innmgeo, including
their rotating basis and their rnaintenanom, is fulfilled. Furthernnore, ensure that
these images are not used for commercial purposes; Pedestrian Rma|mm- Provide
additional details of the paver materials and om|ora to be used in the public plazas
and vehicular drop-offs. The Planning Department's review resulted in design
modifications that were then recommended for approval to the Planning Director.
* It iafound that on June 18. 2000. the Cdv'sTraffio ConauKmrt, UR8 Corp., provided
o review (VKO. #157) of the Traffic Impact Analysis submitted by the applicant and
has found the traffic analysis sufficient.
° |tisfound that the proposed project vvaarevievvedfordesignappropriateness b«the
Urban Development Review Board on June 21. 2006. which recommended Approval
It is found that with respect to all additional crdohm as specified in Section 1305.2 of
Zoning Ordinance 11000. the proposal has been found to adhere tothe following
Design Review Criteria: U\ Site and Urban Planning; (2) Architecture and
Landscape Architecture; C8 Pedestrian Oriented Development; (4) Streets and
[)pan Space; (5) Vehicular Access and Parking; (0) Screening; (7) GiQnmge and
lighting; (0) Preservation of Natural Features; and (9) Modification of
Based onthese 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 |avva and pay all applicable fees due prior tothe issuance of building permit
including the required Affordable Housing Trust fund contribution of$12.4O per square
foot for any applicable FAR increase sought under those provisions.
2) Allow the Miami Police Department to conduct a aaourdv sunxey, 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
uonatruction, demonstrating how the Police Department naconnnnendadons, if any, have
been incorporated into the PROJECT security and construction p|ans, 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
nyaponsiUi|ity, building development process and review procedures, oswell as specific
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requirements for fire protection and life safety avahanns, exhing, vehicular access and
water supply.
4\ Obtain approval frnrn' or provide a letter ufassurance from the Department of
Solid Waste that the PROJECT has addressed all concerns of the said Department prior
tothe obtainment ofmshell permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the
Application for Development Approva|, with the understanding that the APPLICANT
must use its best efforts to follow the provisions of the City'n Minority/Women Business
Affairs and Procurement Program oaaguide.
O\ Record the h7Uovvng in the Public Records of Dade County, Florida, prior to
the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, m
Declaration of Covenants and Restrictions providing that the ovvnership, operation and
maintenance of all oonnnnon mn*aa and facilities will he by the property owner or a
mandatory property owner association inperpetuity.
7\ Prior to the issuance of shell pemnh, provide the City with o recorded copy of
the K8UGPpennit 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 besubject to the review and approval of the City /\ttorney'sOffice,
8\ Provide the Planning Department with G temporary construction o|mn that
includes the following: a temporary construction parking p|an, with an enforcement
policy; a construction noise management plan with on enforcement policy; and o
maintenance plan for the temporary construction site; said plan shall be subject to the
review and approval 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
tocomply may lead toasuspension orrevocation ofthis Major UsaSpeoim|PernniL
g\|noofar aathis Major Use Special Permit includes the subordinate approval of
a series of Class | Special Permits for which specific details have not ye{ been
developed or pnovided, the applicant shall provide the Planning Department with all
subordinate Class | Special Permit plans and detailed requirements for final review and
approval 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
development order orcaptioned inthe plans approved byit.
10> If the project is to be developed in phases, the Applicant shall submit an
inbahnn plan, including o landscape p|on, which addresses design details for the land
occupying future phases of this Project in the event that the future phases one not
deve|Oped, said plan shall include a proposed timetable and shall be subject to review
and approval bythe Planning Director.
11> Pursuant to design ne|mUad comments received by the Planning Director, the
applicant shall meet the following conditions: (a) Provide a more random pattern of
stucco panels along the south e|evodon, in keeping with the design spirit of the building;
(b) Garage lights ohoU not be visible through the nnetm| louver treatment; (c) Commercial
messages shall not be used in the art images along the parking podium; (d) Provide
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additional details of the paver materials and colors to be used in the public plazas and
vehicular drop-offs.
12) Pursuant to comments by the City of K8imnni Public Works Departnnert, the
following conditions shall be required of the applicant: /o\ Rep|atting of the tract of land
in required to close and vacate the i| easements; and the following street
improvements ehmU be required: (b) NW 14^' Street - Replace all damaged sidewalk
curb and gutter adjacent to the project site. Milland resurface the entire width, curb to
�
curb, adjacent to the project site and the intersection of NW14 m 8tnae{ and NW11m
*venue.
15) Prior tothe issuance of building pemnh, 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 ofthe proposed project shoUbereducedtothose
heights referenced in the letter from K8iGnli'OadeAviati0O to the P|GDOiOg Department
dated May 1.2000.
14) A development bonus to permit a mixed use of 113.60 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 $1,409,731.20.
15> Within SO days of the effective date of this Development Order, record a
certified COpV of the Development Order specifying that the Development {Jnde[ runs
with the land and is binding on the Applicant, its aucceaaore, and mooigno, jointly or
severally,
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