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HomeMy WebLinkAboutMUSP AnalysisANALYSIS SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT for CAPITAL AT BRICKELL located at approximately 1430 South Miami Avenue LEGISTAR FILE ID: 05-00624mm Pursuant to Zoning Ordinance 11000. as amended, Supplement 17 the Zoning Ordinance of the City of Miami, Florida, the subject proposal for CAPITAL AT BRICKELL has been reviewed to allow a Substantial Modification to a Major Use Special Permit, Resolution 05-0484, pursuant to Articles 5, 9, 13, 17 and 22 of Zoning Ordinance No. 11000, as amended, located at approximately at 1420, 1430, 1434 & 1438 South Miami Avenue, 1401 & 1429 SW 1' Avenue, 26, 44 & 54 SW le Street. and 21, 37, 45 & 65 SW le Terrace, Miami, Florida, to allow the following changes to the original application: 1) To decrease the multifamily residential units from 832 units to 542 units and 364 new hotel rooms: 2) To increase the office space from 108,543 square feet to 209,022 square feet; 3) To reduce the retail space from 47,853 square feet to 11,048 square feet, 4) To provide 6,856 square feet of restaurant floor area, and; 5) To decrease the off-street parking spaces from 1,274 to approximately 1,053 parking spaces. The North Tower will have a new maximum height of 682 feet 0 inches NGVD at top of architectural feature, and the South Tower a new maximum height of 633 feet 0 inches NGVD at top of architectural feature, This Permit also includes the following requests: MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, (1), to allow a residential development involving in excess of two hundred (200) dwelling units; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, (2), to allow a non- residential development involving in excess of two hundred thousand (200,000) square feet of floor area; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, (3), to allow hotels involving in excess of three hundred fifty (350) rooms; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, (7), for any single use or combination of uses requiring or proposing to provide in excess of five hundred (500) off-street parking spaces; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, (9) and ARTICLE 5, Sect. 502, to allow up to 20 % increase of floor area ratio, for an increase of approximately 196,816 square feet of floor area; The Substantial Amendment to Major Use Specie Permit encompasses the following Special Permits and additional requests: SPECIAL EXCEPTiON, as per Article 9, Sect. 917.1.2, to allow valet parking for restaurant and hotel (up to fifty percent of parking spaces in excess of that required by ordinance); City of A,fiarni Page 1 of 6 Printed On: I/9/2008 CLASS ?I SPECIAL. PERMIT, as per ARTICLE 6, Sect!cn 507.3, to allow ere; tior of any new building >r SD-! district: CLASS ii SPECIAL PERMIT. as per ARTICLE 9, Section 905.2, to allow driveways of width greater than 25 feat; CLASS II SPECIAL PERMIT, as per Article 15, Sect.1 512, to allow reduction of required backup distance from 23'-0" to 22'-0". CLASS II SPECIAL PERMIT, as per ARTICLE 0, Section 607.8.; , tc allow development of ground level open space residential/recreational space: CLASS II SPECIAL P ERMiT, as per ARTICLE 9, Section 927, 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 I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, 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 916.2,1, to allow parking for temporary special event such as ground breaking ceremonies; CLASS I SPECIAL PERMIT; as per ARTICLE 9, Section 918.2, to allow temporary off-street offsite parking for construction crews working on a commercial -residential project under construction; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, 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 10.6.3,7, SD-7 Central Srickel# 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 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 Substantial Amendment to 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: The requirement to record in the Public Records a Declaration of Covenants and/or Restrictions providing that the ownership, operation and maintenance of all common areas and facilities 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 Unity of Title. CO' of A' rrr Page 2 of 6 Printed On: 1/9/2008 Pursuant to a rti- 5, g, 13, 17 and 22 of Zoning Crdir ar;cu 11000, approval of the requested Substantial Moclificat ,r, 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 Cite 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 (LSOC) 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, commercial and hotel opportunities in the Downtown NET District; located at the SW corner of South Miami Avenue and SW 14 Street. ▪ It is found that the subject property is located in the "The City of Miami" Plat within the Brickeli Village neighborhood of the City. ▪ It is found that the zoning designation of the property is SD-7 (Central Bricked 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 the residential density of the project with the substantial modification (542 units and 364 hotel rooms at 260 units per acre) is below the proposed in the original MUSP (832 units at 299 units per acre) as well as the maximum allowed 1,392 units (500 units per acre) on the 2.784± net acre site. • it is found that this substantial modification to the project will increase the office space from 108,543 square feet proposed in the original MUSP to 209,022 square feet. • It is found that this substantial modification to the project will reduce the retail space from 47,853 square feet proposed in the original MUSP to 11,048 square feet. • It is found that this substantial modification to the project provides 6,856 square feet of restaurant floor area inexistent in the original MUSP. • !t is found that the Environmental Impact Statement submitted with the project states that "the proposed development site is appropriate and has a favorable impact on economy, public services, environment and housing supply within the immediate neighborhood" • It is found that the project has convenient access to the Metromover system at the Financial District station, located approximately half a block east of the subject property, with connections to the Metrorail and Tri.-Rail systems. for efficient use of existing mass transit systems.. ffi It is found that the project is expected to cost approximately $1,065,133,300, and to employ approximately 532 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 460 permanent new jobs (FTE) and will generate approximately $ 5,306,100 annually in tax revenues to the City (2007 dollars). Chly of vfia7 Page 3 of 6 .PrinredOn: 1/9/2 08 It is found that the Large Scale Development Committee reviewed the projeel on September 2007 to address the expressed technical concern raised at said Large Scale Development Committee meeting. • It is fo rid that on November 2, 2007, the City`s Traffic Consultant, URS Corp., provided a review (MO, #185) of the Traffic Impact Analysis submitted by the applicant and has found the traffic analysis sufficient with the following conditions: 1) Encourage ernpioyersliandiords participation in the South Honda Commuter Service Program; 2) Placement of transit information - schedule, maps, etc., at convenient locations of the site; 3) Provide transit subsidies for employees; 4) Encourage employees to implement staggered work hours; and 5) Coordinate with the Miami Dade County Traffic Control and Sign Division to secure appropriate approval as this project goes through the review process. 6 It is found that the proposed project was reviewed by the Historic and Environmental Preservation Board (HEPB) on June 7, 2005. which approved (HEPB 2005-40) 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 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 September 6, 2007, the Miami -Dade Aviation Department provided a Height Analysis review of the proposed project at 633 feet ASML and found that it conform to the Miami -Dade County Height Zoning Ordinances. The current submittal for a substantial modification has a new maximum height of approximately 682 feet 0 inches. • It is found that Miami -Dade Public Schools provided a revised review of the proposed project on August 21. The student population generated by this development is estimated at 130 students. The schools serving this area of application are Southside Elementary (62 students) - 210% Florida Inventory School Houses (FISH) Capacity with the proposed project; Shenandoah Middle (29 students) -96% FISH; and Booker T. Washington Senior (39 students) - 69% FISH. Pursuant to the interlocal agreement, only Southside Elementary exceeds the review threshold of 115%. • It is found that on April 27, 2007, the City of Miami Public Works Department provided a review of the project with the following comments: (a) S.W. 14 Street: Replace all damaged and broken sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire with, curb to curb, between S.W. 1 Avenue and South Miami Avenue; b) South Miami Avenue: Replace all damaged and broken sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire with, curb to curb, between S.W. 14 Street and S.W. 14 Terrace. Stormwater drainage improvements will be required along South Miami Avenue; c) S.W. 14 Terrace: Construct sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire with, curb to curb, between Brickell Way and South Miami Avenue; and d) Brickell Way (fka S.W. 1 Avenue): Construct new sidewalk, curb and gutter adjacent to the project site. Mill and resurface the entire with, curb to curb, between S.W. 14 Street and S.W, 14 Terrace. Stormwater drainage improvements will be required along Brickell Way. • it is found that the proposed project was reviewed by the Internal Design Review Committee on October 2, 2007 and the following pertinent comments were made: Architecture a) Provide • . i Page 4.f6 Prinied On: I/9/2008 (treater ; etaii of the decorative scone uccc patterns al ?a the northern facade or propose decorative treatment; Landscape: a Pro vide a landscape treatment for portions of the facade that are plank at the. ground level in order to soften the impact on the pedestrian realm_ Itis found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board on September 19, 2007, which recommended approval with conditions. 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 aws 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 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 ietter 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 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 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 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 Attorneys 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 CThr of Miami Page 5 of 6 Printed On: 19 2Gv8. construction activity. All construction -activity snail remain in rut complias ice with the provisions of the submitted construction plan: failure to comply may lead to a suspension or revocation of this Maier Use Special Permit_ 9) in so far as this Major' Use Special Permit includes the s: b©rdinate 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 ail subordinate Class I 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) Provide greater detail of the decorative scoring stucco patterns along the northern fagade or propose decorative treatment; b) Provide west elevation (not part of MUSP submittal) for review and approval by the Planning Director; c) Provide a tree survey and disposition plan for review and approval; d) Provide proposed landscape treatment for portions of the fagade that are blank at the ground level in order to soften the impact on the pedestrian realm; e) The applicant shall comply with Miami -Dade County Ordinance 04-203, Section 33-335. This ordinance states that all building heights reviewed by the Dade County Aviation Department shall be in accordance with the "Airport Height Zoning Area Map for Miami International Airport. 12) Pursuant to HEPB Resolution 2005-040, the applicant shall meet the following 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 final reports to the City of Miami within 90 days of completion of the archeological investigations and monitoring; (c) 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. 13) 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. City of ivficunt Page 6 of 6 Prieted Or. 19/2008