HomeMy WebLinkAboutSpecial Exception AnalysisAnalysis for Special Exception
CAPITAL AT BRICKELL
1420-30-24-38 South Miami Avenue, 1401-29 SW Avenue,
21-37-45-65 SW 14th Terrace, and 26-44-50-54 SW 14th Street
Case No. 08-00624x
APPLICATION FOR A SUBSTANTIAL AMENDMENT TO AN APPROVED MAJOR USE
SPECIAL PERMIT RESOLUTION R-05-0484 (File No. 05-00624), SUBJECT TO
COMPLIANCE WITH ZONING ORDINANCE 11000 AND THE CITY CODE, AS
AMENDED, AND TO ALL APPLICABLE CRITERIA. CONSIDERATIONS AND/OR
OTHER REGULATIONS.
The proposed Substantial Amendment to "CAPITAL AT BRICKELL (FKA SMA)
PROJECT, located at "1430 South Miami Avenue", UAW, FLORIDA, will compromised
of 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 (436 residential
units in the South Tower and 106 residential units with 364 hotel rooms on the North
Tower); 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 (the
tallest of the two towers), 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.
Pursuant to Ordinance 11000, as amended, Supplement 14, the Zoning Ordinance of
the City of Miami Florida, the subject proposal for CAPITAL AT BRICKELL at 1430
South Miami Avenue, MIAMI, FLORIDA, has been submitted and reviewed to allow an
application for a SUBSTANTIAL AMENDMENT TO A MAJOR USE SPECIAL, subject to
all applicable criteria;
The Substantial Amendment to Major Use Special Permit encompasses the following
Special Permits and additional requests:
SPECIAL EXCEPTION, as per Article 9, Section. 917.1.2, to allow valet parking for
restaurant and hotel (up to fifty percent of parking spaces for these uses; i,e. up to
56 spaces per plans on file);
This SPECIAL EXCEPTION PERMIT encompasses the following Special Permits and
requests:
CLASS li SPECIAL PERMIT, as per Article 7; Section 607.3 to allow erection of any new
building in SD-7 district;
CLASS SPECIAL PERMIT, as per Article 9, Section 908.2 to allow driveways of width
greater than twenty five feet;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to allow reduction of
required backup distance from 23 feet to 22 feet.
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 90 .2, to allow driveways of
width greater than 25,
CLASS II SPECIAL PERMIT, as per Article 15, Sect. 1512, to allow a waiver of City of
Miami Parking Guides & Standards requirement of one (1) additional foot of parking stall
dimension where the side of these stalls abuts a column. The minimum stall width
dimension of 8'-6" will be measured from the face of the column to the center line of the
stall stripping lines;
CLASS II SPECIAL PERMIT, 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 1 SPECIAL PERMIT, as per ARTICLE 9, Section 906, 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 groundbreaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9. Section, to allow temporary off-street
offsite parking, for construction crews working on a residential project under
construction, within R-4 or more permissive zoning district;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow
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, Section 10,5.4 Sub -
Section 10.5.4.4. C-2 Liberal Commercial, Temporary Signs (3), to allow temporary
development signs;
REQUEST as per Article 25, Section 2502 Definition, to be qualified as a phased
project by the Director of the Planning Department as established in Article 17, Section
1701 (11).
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 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
lieu of a Unity of Title,
CLASS II SPECIAL PERMIT, as per Article 7, Section 607,8.3 to allow development of
ground level open space residential/recreational space.
CLASS 11 SPECIAL PERMIT, 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 1 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 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
BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT, Temporary Sign
(3), to allow temporary signs for development;
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 SPECIAL EXCEPTION 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
lieu of a Unity of Title.
The following findings have been made:
It is found that the Special Exception is to allow valet parking for a restaurant and
hotel as part of the Substantial Amendment to "CAPITAL AT BRICKELL" (MUSP),
located at approximately "1430 South Miami Avenue".
It is found that off-street parking facilities with a valet parking will be for excess
parking only.
it is found that the Capital at Brickell MUSP requires 1,053 parking spaces and 1,053
are provided,
it is found that an attendant shall remain on duty during business hours or as long as
the principal building is occupied.
It is found that ail subordinate Special Permits (Class i and Class II) to the Special
Exception have been reviewed and found in compliance.
it is found that in respect to ail additional criteria as specified in Section 1305 of
Zoning Ordinance 11000, the proposal has been reviewed and found to be
adequate.
Based on these findings, the Manning Department is recommending approval of
the application as presented.
Application Type.
Project Name:
Project Address:
SECTION 13051 Criteria, Matrix
4 Cornpiiarce is subject io conditions
Special Exception (.File No. 05-t3(1624x)
Capital at Brickelh
1420-30-34-38 South Miami Avenue, 14011-29 Ave] ue.,
21-37-45-65 SW le Terrace and 26-44-50-54 SW 14t Street.
c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT that have been found by the City Commission (based upon facts and reports prepared or submitted by
staff or others) to adhere to the following Design Review Criteria subject to the any applicable conditions in the
Development Order herein:
1) Site and Urban Planning:
Design Review Criteria Applicability
(1) Respond to the physical _Y
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner lots
should be oriented to the corner
and public street fronts.
Design Review Criteria
(5)
A project shall be designed
to comply with all applicable
landscape ordinances;
Respond to the neighborhood
context;
Create a transition in bulk
and scale;
Use architectural styles
and details (such as roof lines
and fenestration), colors and
materials derivative from
surrounding area;
Articulate the building facade
vertically and horizontally in
intervals that conform to the
Compliance
11) Architecture and Landscape Architecture:
Applicability Compliance
Y Y
Y
Y
Y
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existing str
Design Review Criteria
SECTION 305e Ca -x
piia � is sub) ;ct o conditions
res in the 'ilini.t .
Pedestrian Orien ed Development:
Applicability Compliance
) l romote pedestrian
acti
(2) Design facades that
respond primarily to the
human scale:
(3) Provide active, not blank
facades. Where blank walls
are unavoidable, they should
receive design treatment.
IV) Streetscape and Open Space:
Design Review Criteria
(i) Provide usable open space
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
Design Review Criteria
Y
Applicability Compliance
V) Vehicular Access and Parking:
Applicability Compliance
(1) Design for pedestrian and
vehicular safety to minimize
conflict points;
(2) Minimize the number and
width of driveways and curb
cuts;
(3) Parking adjacent to a street _Y
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas N!A�
as district buffer.
Y
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SECTION 13O5 2 Criteria Ma r .
"Compliance is $iihicet. to nonditio.ns
VI) Se
Desi n Reviess Cr° er2a Applicability Compliance
(I) Provide landscaping that
screen undesirable elements,
such as surface parking lots,
and that enhances space and
architecture,
(2) Building sites should locate
service elements like trash
dunnpster, loading docks, and
mechanical equipment away
from street front where possible.
When elements such as
dumpsters, utility meters,
mechanical units and service
areas cannot be located away
from the street front they should
be situated and screened from
view to street and adjacent
properties;
(3) Screen parking garage
structures with program uses.
Where program uses are not
feasible soften the garage
structure with trellises,
landscaping, and/or other
suitable design element.
N/A
VII) Sienna and Lightint:
Design Review Criteria Applicability
(1) Design signage appropriate N/A_
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design _N/A
feature to the building facade,
on and around landscape
areas, special building or
site features, and/or signage;
(3) Orient outside lighting to N/A
minimize glare to adjacent
properties;
(4) Provide visible signage N/A_
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
Compliance
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SECTION 1 05.2 Criteria Matrix
`Compliance is subject to conditions
Design Review Criteria
Preserve existing vegetation
and/or geological features
whenever possible.
Vlll) Preservation of Natural Features:
Applicability
NIA
IX) Modification of Nonconformities;
Design Review Criteria Applicability
(1} For modifications of NIA
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conforrn _N/A
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
Co pfiance
Compliance
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