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PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID:
Title:
Location:
Applicant(s):
Zoning:
Purpose:
Planning and Zoning
Department
Recommendation:
Analysis:
Planning, Zoning and
Appeals Board:
11-00380ap1 Quasi -Judicial
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI
CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS,
AN AMENDMENT TO THE PREVIOUSLY -APPROVED BRICKELL CITICENTRE
SPECIAL AREA PLAN (BCC SAP) PURSUANT TO ARTICLE 3, SECTION 3.9
AND ARTICLE 7, SECTION 7.1.2.8 OF THE MIAMI 21 CODE, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
CHANGING THE NAME OF THE PROJECT FROM BRICKELL CITICENTRE TO
BRICKELL CITYCENTRE, AND BY ADDING ADDITIONAL PROPERTIES
GENERALLY BOUNDED BY SOUTHEAST 5TH STREET ON THE NORTH,
SOUTHEAST 6TH STREET ON THE SOUTH, SOUTH MIAMI AVENUE ON THE
WEST AND SOUTHEAST 1ST AVENUE ON THE EAST, MIAMI, FLORIDA; THE
ADDITIONAL BLOCK "BCCN2" IMPACT CONSISTS OF: A) ADDING
APPROXIMATELY 42,821 SQUARE FEET (0.98 ACRE) OF LOT AREA FOR A
TOTAL COMBINED LOT AREA OF 436,499 SQUARE FEET; B) INCREASING
THE RETAIL / ENTERTAINMENT AREA BY 78,765 SQUARE FEET TO A TOTAL
OF 634,966 SQUARE FEET; C) INCREASING THE RESIDENTIAL COMPONENT
BY 350 UNITS FOR A TOTAL OF 1,174 UNITS; AND D) INCREASING PARKING
SPACES BY 772 SPACES TO A TOTAL OF 5,519 SPACES. THE SQUARE
FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE
AT TIME OF BUILDING PERMIT NOT TO EXCEED A TOTAL OF 6,415,877
SQUARE FEET OF FLOOR AREA OR LESS THAN 26,000 SQUARE FEET OF
CIVIC SPACE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF
LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Approximately 529 S. Miami Avenue; 6 SE 5th Street; 5, 9, 17, 23 AND 27 SE
6th Street [Commissioner Marc David Sarnoff - District 2]
Spencer Crowley, Esquire, on behalf of Brickell CityCentre Project LLC and
Johnny Martinez on behalf of the City of Miami
One SE 3rd Avenue, Suite 2500
Miami, FL 33131
(305) 374-5600
T6-48B-O Urban Core Transect (T6-48-B Open)
This will allow an amendment to the previously -approved Brickell CityCentre
Special Area Plan development.
Approval with conditions.
See supporting documentation.
February 6, 2013
ANALYSIS
AMENDMENT TO A PREVIOUSLY APPROVED
SPECIAL AREA PLAN
for
BRICKELL CITICENTER-N2 (BCCN2)
LEGISTAR FILE ID: 11.00380ap1
LOCATION:
Generally bound by SE 5th Street to the north, SE 1st Avenue to the east, S. Miami Avenue to the west
and SW 6th Street to the south.,
PROJECT PROFILE:
Amendment of the previously approved "Brickell CitiCenter Special Area Plan" (SAP) adds and
incorporate additional acreage, also referred as "BCCN2", to the area previously approved. The
amendment incorporates new transect zone regulations for BCCN2 . The amendment does not
propose changes to the Transect designations in the Miami 21 Zoning Atlas or Future Land Use Map
as amended in the Miami Comprehensive Neighborhood Plan. This amendment incorporates BCCN2,
to the previously approved Brickell CitiCentre SAP. If approved, this amendment will require
modification and update of the adopted Development Agreement pursuant to the Miami 21 Code. The
BCCN2 proposes a mix of uses compatible with the overall intent of BBC -SAP as follows:
A) The BCCN2 block is bound by SE 5th Street to the north, SE 6th Street to the south, South
Miami Avenue to the west, and SE 1st Avenue to the east.
B) The BCCN2 block incorporates to the BCC -SAP 42,821 Sq. Ft, approximately .983 acres, of
land for a new total of 436,499 square feet or 10.01 Acres, within the overall development site.
C) The BCCN2 proposes a mix of commercial and residential uses and associated parking areas
to complement the BCC -SAP intent.
rent t
The analysis for this proposal, based on the Miami 21 Code, the Zoning Ordinance of City of Miami, is
considered an amendment to the previously approved Special Area Plan per ARTICLE 3, Section 3.9,
and Article 7, Section 7.1.2.8, which allows parcels greater than nine (9) abutting acres in size to be
master planned to allow a greater integration of public improvements and infrastructure, and greater
flexibility so as to result in higher or specialized quality building and streetscape design.
Page 1 of 6
FINDINGS
In determining the appropriateness of the proposed Amendment to a previously approved Special Area
Plan ("SAP"), the Planning Department referred this proposal for additional input and recommendations
to:
• Coordinated Review Committee; and
• The Urban Development Review Board; and
• Other agencies and department of the City as necessary
• The addition of land to the previously approved "Brickell CitiCenter-Special Area Plan" is deemed an
Amendment to the previously approved BCC -SAP
• The BCCN2 block incorporates to the BCC -SAP approximately 42,821 Sq. Ft. (.98 ± acres) of land
for a new total of 436,499 square feet (10.01 ± acres) within the overall development site.
• The program for BCCN2 includes:
o Approximately 78,765 square feet of Retail/Entertainment floor area,
O 350 Residential Dwelling Units with approximately 563,274 square feet of floor area,
O 772 parking spaces with approximately 307,434 square feet,
o Approximately 1,250 square feet of Civic Space.
• The amended Brickell CitiCentre project inclusive of the BCCN2 program will provide the following:
o Approximately 634,966 square feet of Retail/Entertainment.
O 1,174 Residential Dwelling Units with approximately 1,901,619 square feet of floor area.
O 5,519 parking spaces with approximately 2,177,993 square feet of parking area.
o Approximately 26,079 square feet of Civic Space.
• The Land Use designation for the BCCN2 is "Restricted Commercial" with Urban Central Business
District (UCBD) overlay.
• The Zoning designation for the BCCN2 is T6-48B-O (Urban Core Transect T6-48-B Open).
• This proposal does not require a Zoning Transect change or amendment of the Future Land Use
Map (FLUM).
• The BCCN2 falls under the Miami River Greenway Design Guidelines and Standards.
• BCCN2 block is within Archeological conservation area requiring monitoring and disposition plan
should Archeological resources be found.
• This amendment proposes minor modifications to the Miami 21 regulations for the T6-48b-O
transect zone that currently govern the BCCN2 block. The modifications will facilitate its physical
linkage to the rest of the project and will allow the creation of an additional 256 parking spaces
below grade. The Regulating Plan is being amended to incorporate the BCCN2 block into the
previously approved BCC SAP Regulating Plan, further modifying the T6-48b-O regulation to allow
the development of the new proposed program for BCCN2.
Page 2 of 6
• The BCCN2 block is located within the Downtown Development of Regional Impact (DDRI) area,
The DDRI fees will be calculated based on final program DDRI credits may be reserved upon
approval of this SAP amendment; but, without exception, all fees must be paid prior to the issuance
of any building permit.
• The BCCN2 has convenient access to the mass transportation system at the SE 8th Street Metro
Mover Station, located within the "Office Block".
• The above described property is currently underutilized, mostly consisting of vacant land or
underdeveloped lots, secured by chain link fencing.
• The current condition of the lots negatively impacts the urban fabric of West Brickell and interrupts
linkages necessary to create a safe, enjoyable pedestrian realm.
• The BCCN2 integrates public improvements and infrastructure while providing greater flexibility
resulting in higher or specialized quality building and streetscape design extending the BCC -SAP to
the North, closer to the river area.
• Pursuant to the Applicant's request the name of the Brickell CitiCenter SAP is herein amended to
Brickell CityCentre SAP
• As per the letter of intent which is part of this submittal, "the proposed application will also produce
significant recurring fiscal benefits for the City of Miami. Among the anticipated fiscal benefits are
ad valorem tax remittances of approximately $2.42 million for both the city's general fund and debt
service, $200,000 in annual parking surcharge revenues and approximately 260 permanent jobs"
Comments from the Coordinated Review Committee (CRC), below and any generated by the Urban
Development Review Board during its meeting of February 4, 2013 will be considered prior to final
approval.
CRC Comments:
1. All plans shall have legible dimensions.
2. Provide detailed color elevations to properly show the facades treatment.
3. Provide building, hardscape material samples, and precedent images.
4. The pedestrian circulation along S.E. 5th Street and S.E. 6th Street is interrupted by numerous
curb cuts. Vehicular entrance shall occur at a minimum of 60' unless approved by BCC SAP
Permit.
5. Provide compliance with the minimum distance of 75 feet between pedestrian entrances estab-
lished by the "Regulating Plan".
6. Reflect updated layout of the streets at the N.E. corner of the project and illustrate how it relates
to the adjacent Miami River Greenway Project.
7. Entrances to loading areas shall be screened and closed when not in use. Loading hours shall
be limited and enforced.
8. The location of mechanical equipment is not shown on the drawings.
9. Provide a LEED certification check list.
Page 3 of 6
10. Provide maneuverability diagrams for loading area.
11. Provide transportation study to include analysis of vehicular circulation
REFERRALS
• The incorporation of "BCCN2" block to the BCC -SAP was submitted for reviewed for Public School
Concurrency Preliminary Analysis on December 13, 2012.
• The Pre -Application Meeting for "BCCN2" was held on January 23'1, 2013. Comments provided
therein have been incorporated in revised plans prepared for this submittal.
• The Coordinated Review Committee (CRC) met on January 231'd, 2013 to review the project and
provided applicants with comments and technical concerns regarding proposed addition of BCCN2
block to BCC -SAP.
• The City of Miami Public Works Department has reviewed the project and provided comments
based on technical concerns. Certain revisions have been made based on said comments and
concerns which have been incorporated in revised plans prepared for this submittal.
• The City of Miami Office of Transportation reviewed the submittal and provided preliminary
comments requiring additional information and clarifications as follow:
o Provide dimensions for all driveways.
o Provide sight distance triangles for all curb cuts.
o Identify proposed truck routes to/from site.
o Low S. Miami Avenue bridge clearance (14 feet clearance)
o Truck loading maneuvers will conflict with pedestrian activity on SE 5th Street: Prepare a
plan for warning devices to be incorporated into the loading dock to warn both motorist of
the presence of pedestrians as well as pedestrians for an upcoming truck.
o City of Miami Capital Improvements Program (CIP) is in the process of completing a Green -
way project on SE 5 Street. The City's plans are in conflict with the proposed BCCN2 plans:
It is strongly recommended to work with City CIP staff to identify a solution to the potential
conflict that is agreeable to both parties.
o BCCN2 development will have truck access along SE 6th Street, as well as a garage and va-
let access points. These driveways, in combination to the proposed driveways for BCCN2
will generate a significant amount of additional vehicular activity, particularly from delivery
trucks: Identify how development intends to mitigate this issue
• This proposal is schedule to be reviewed for design appropriateness by the Urban Development
Review Board on February 4, 2013.
Page 4 of 6
• The project's analysis is based on the Miami 21 Code, following the Design Review Criteria that
include:
I. Site and Urban Planning;
II. Architecture and Landscape Architecture;
III. Pedestrian Oriented Development;
IV. Streets and Open Space;
V. Vehicular Access and Parking;
VI. Screening;
VII. Signage and lighting;
VIII. Preservation of Natural Features; and
IX. Modification of Nonconformities.
CONDITIONS
Based on analysis and findings, the Planning Department recommends approval of the amendment to
the "Brickell CitiCenter" Special Area Plan with the following conditions:
1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay
all applicable fees due prior to the issuance of any building permit.
2) Allow the Miami Police Department to conduct a security survey, at the Department's discretion, 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 SAP 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 SAP, 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
SAP has addressed all concerns of the said Department prior to the obtaining 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, as applicable.
6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of any
building permit:
• 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; and
• Record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title if,
applicable, subject to the review and approval of the City Attorney's Office.
Page 5 of 6
7) Prior to the issuance of a shell permit, provide the Planning Department with a recorded copy of the
documents mentioned in condition (6) above.
8) Provide the Planning Department with an updated temporary construction plan that includes the
following:
• Temporary construction parking plan, with an enforcement policy;
• Construction noise management plan with an enforcement policy; and
• 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 Permit.
9) Prior to the issuance of any building permit, the applicant shall provide the Office Zoning and
Planning Department for review and approval:
• Environmental Impact Statement for BCCN2 site
• Sufficiency Letter from the City of Miami, Office of Transportation
• Final determination of Public School Concurrency and Capacity Reservation
• Conservation Assessment Report (project location is within an high Archeological Probability
Zone)
• The proposed Special Area Plan, including the BCCN2 addition, is located within the Downtown
Development of Regional Impact (DDRI) area. The DDRI fees will be calculated based on final
program DDRI credits may be reserved upon approval of this SAP amendment; but, without
exception, all fees must be paid prior to the issuance of any building permit.
10) If the project is to be developed in phases and/or individual specific projects, 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. This overall phasing plan shall consider the BCCN2 block.
11) The applicant shall meet conditions identified in this Ordinance, with the BCC -SAP Regulating Plan
as amended and all applicable regulations from local, state and federal agencies.
12) Within 90 days of the effective date of this Ordinance, record a certified copy of the Development
Agreement reflecting this amendment, specifying that the Development Agreement runs with the
land and is binding on the Applicant, its successors, and assigns, jointly or severally.
Page 6of6
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