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HomeMy WebLinkAboutAnalysisANALYSIS SUBSTANTIAL ODIFICATIOI4 TO A MAJOR USE SPECIAL PERMIT for HAMPTON INN & SUITES located at approximately 30 Southwest 121-th Street LEGISTAR FILE ID: 08-00902mm Pursuant to Zoning Ordinance 11000, as amended, Supplement 19 the Zoning Ordinance of the City of Miami, Florida, the subject proposal for BRICKELL VIEW has been reviewed to allow a Substantial tvladification to the previously approved BRICKELL VIEW Major Use Special Permit, Resolution 01-133, pursuant to Articles 13, 17 and 22 of Zoning Ordinance No. 11000, as amended, located at approximately at 30 SW 12th Street, Miami, Florida. The proposed substan- tial amendment will modify Phase ll of the approved MtJSP Resolution No. 01-133 from a mixed use residential building structure, to a hotel building structure with approximately 221 lodging units, approximately 8,870 square feet of restaurant space and approximately 1,775 square feet of retail space. The hotel building structure will have an approximate height of 155 feet 6 inches N.G.V.D at top of main roof slab. and will provide approximately 212 off-street parking spaces. This Permit also includes the following requests: MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, to allow substantial changes to the approved Major Use Special Permit Resolution 01-133, as amended; The Major Use Special Permit encompasses the following Special Permits and the additional re- quests: CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 607.3, Class II Special Permit, to allow construction of a new building in SD-7 district; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 922.4 ©, to allow maneuvering of trucks on public Right -of Way, with referral to Public Works Director; CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 923.2.1, to allow reduction of loading berths dimensions as follows; Required Three (3) 12 feet wide x 35 feet long x 15 feet high Proposed One (1) 12 feet wide x 35 feet long x 15 feet high Two (2) 10 feet wide x 20 foot long x 15 feet high CLASS II SPECIAL PERMIT, as per Article 15, Sect.1512, to allow a waiver of the parking Guides and Standards of the one (1) foot additional width dimension when a parking stall abuts a wall or column obstruction. CLASS li SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary structures, occupan- cies, and uses during construction, criteria for special permits, to allow temporary structures, oc- Cf!�v of Miami Page i of 6 Printed On: 9/9/2008 cupancies, 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 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 ! 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 ce- remonies; 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 temporary off-street offsite parking for construction crews working on a commercial -residential project under construction; CLASS 1 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 con- struction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers; CLASS 1 SPECIAL PERMIT, as per ARTICLE 10, Section 10.6, Sub -Section 10.6.3.7, SD-7 Cen- tral Brickefl Rapid Transit Commercial -Residential District, Temporary Signs (3) , to allow tempo- rary development signs; REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permit- ting the operation of construction equipment exceeding the sound level of a reading 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 MAJOR USE SPECIAL PERMIT, that the following conditions be re- quired at the time of issuance of Shelf Permit instead of at issuance of Foundation Permit: The requirement to record in the Public Records a Declaration of Covenants and/or Restric- tions providing that the ownership, operation and maintenance of all common areas and facili- ties will be by the property owner and/or a mandatory property owner association; And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title. Pursuant to Articles 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 incorporated additional comments as a result of additional technical reviews in reference to this project in addition to the ones previously submitted comments from 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, commercial and hotel opportunities in the eastern portion of the previously approved Brickell City Gj a€ n Page 2 of 6 Framed On: 9/9/2008 View MUSP, In Downtown NET District, more specifically located on the 12`h Street to the North; between South Miami Avenue and SW 1st Avenue. It is found that the zoning designation of the property is SD-7 (Centw ai Srickeil Rapid Transit Commercial Residential District). 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 "Restricted Commercial", it is found that on August 27, 2008 the Zoning Administrator reviewed the requested modifications and determined that based on criteria defined in Section 2215 of the Zoning Ordinance 11000, that the changes are substantial. ▪ It is found that the residential density of the project with the substantial modification (323 units and 221 hotel rooms at 210 units per acre) is below the proposed in the original MUSP (600 units at 292 units per acre) as well as the maximum allowed 1,031 units (500 units per acre) on the 2,06* net acre site. • it is found that this substantial modification reduces the retail space from 23,461 square feet originally proposed in the (vIUSP to 20,672 square feet. • it is found that this substantial modification provides 8,870 square feet of restaurant floor area inexistent in the original MUSP. It is found that the Environmentai impact Analysis Statement submitted for the project states ip that "the proposed development site is appropriate and has a favorable impact on economy, public services, environment within the immediate neighborhood" • It is found that the project is expected to cost approximately $ 47,000,000 and to employ approximately 292 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 135 permanent new jobs (FTE) and will generate approximately $ 393,875 annually in tax revenues to the City (2008 dollars). • it is found that the Large Scale Development Committee reviewed the project on June 25, 2008 to address the expressed technical concerns raised at said Large Scale Development Committee meeting. ▪ it is found that on July 9, 2008, the City's Traffic Consultant, URS Corp., provided a review (W.O. #193) of the Traffic Impact Analysis submitted by the applicant and has found the traffic analysis sufficient with the following conditions: 1) incorporating a car pooling, ridesharing into the site; 2) Providing bicycle racks; 3) Provide information to patrons and guests on the transit system; and 4) Amenities to encourage all modes of transportation and minimizing traffic congestion levels. It is found that on June 23, 2008, the Miami -Dade Aviation Department provided an Airspace Analysis letter for the proposed project at 184 feet ASML, stating that the project does not meet their review criteria for its location and will not require a Height Analysis or Letter of Determination from this Department. • It is found that on June 26, 2008, the City of Miami Public Works Department provided a review of the project with the following street improvement: S.W. 12 Street: Replace all damaged and broken sidewalk, curb and gutter adjacent to the project site. Grade and shape City of Miarn Page _sof6 Printed On: 9/9/2008 parkway adjacent to the project site and plant solid sod and street trees. Mill, level and resurface S.W. 12 Street. full with, from the west property line of the Hampton site to approximately 100 feet west of the intersection of and South Miarni Avenue. It is found that the proposed project was reviewed by the Internal Design Review Committee on July 16, 2008 and the following pertinent comments were made: Architecture a) integrate the parking garage into the building's architecture on all facades; b) Parking Garages roust be screened from the sight of adjacent properties, c) Provide details of the materials proposed to cover the garage openings, and indicate how all vehicles and rnechanicai systems within the garage will be concealed from view, d) The East and West facades shall include windows Landscape: a) A continuous canopy of shade trees along all street frontages must be provided. Additional palms and other vegetation may help to highlight entry features and other architectural features, b) Enhance the landscape buffers along the western site perimeter by providing tiered layers of plantings including shade trees, understory trees, palms, shrubs, and ground cover to create a lush buffer, and c) Provide details of the landscape planters located on the parking garage. Landscape planters must be provided every two floors to ensure that the "green screen" properly screens the negative effects of the garage. It is found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board on July 16, 2008, which recommended denial. Based on these findings, the Planning Department is recommending approval of the requested Development Project with the following conditions: 1) Meet ail 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 responsibility, 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. 6) 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 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 Printed On: 979%2008 City of Miami Page 4 of Covenants and Restrictions providing that the o{ rship, operation and maintenance of all conmon areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. 7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP perrnit 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 includes 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 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 to comply may lead to a suspension or revocation of this Major Use Special Perrnit. 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 developed or provided, the applicant shall provide the Planning Department with all subordinate Class 1 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 or captioned in the plans approved by it. 10) If the project is to be developed in phases, the Applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, 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, prior to the issuance of the building permit: a) Integrate the parking garage into the building's architecture on all facades, b) Parking Garages must be screened from the sight of adjacent properties, c) Provide details of the materials proposed to cover the garage openings, and indicate how all vehicles and mechanical systems within the garage will be concealed from view, d) The East and West facades shall include windows; e) A continuous canopy of shade trees along all street frontages must be provided. Additional palms and other vegetation may help to highlight entry features and other architectural features; f) Enhance the landscape buffers along the western site perimeter by providing tiered layers of plantings including shade trees, understory trees, palms, shrubs, and ground cover to create a lush buffer; and g) Provide details of the landscape planters located an the parking garage. Landscape planters must be provided every two floors to ensure that the "green screen" properly screens the negative effects of the garage, h) Compliance, prior of TCO issuance, with conditions of sufficiency letter prepared by the City's Traffic Consultant on W.0 #193 of July 9, 2008, 12) Pursuant to comments the City of Miami Public Works provided a review of the project with the following street improvement: S.W. 12 Street: Replace all damaged and broken sidewalk, curb and gutter adjacent to the project site. Grade and shape parkway adjacent to the project site and plant solid sod and street trees. Mill, level and resurface S.VV. 12 Street, full with, from the west property line of the Hampton site to approximately 100 feet west of the intersection of and South Miami Avenue. City 6 Page S of 6 Printed On: 9/92008 13) Within 30 days of the effective date of this e° eiopcnent Order, record a verified copy 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. ciy of .C1Pai Page 6 of 6 Printed On: 9/9/2008