HomeMy WebLinkAboutAnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
1700 BISCAYNE BLVD
LOCATED AT APPROXIMATELY
1700 BISCAYNE BOULEVARD
LEGISTAR FILE ID: 07-01268mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the 1700 Biscayne Boulevard project, located at
approximately 1700 Biscayne Boulevard, 221, 235, 239 & 249 Northeast 17th Street and
222 & 230 Northeast 17th Terrace, Miami, Florida, has been reviewed to allow a Major
Use Special Permit per Articles 13 and 17, to construct a mixed use complex comprised
of Tower No. 1 facing Biscayne Blvd. housing 261 Residential units and 289 Hotel rooms
for a total of 576,174 square feet of floor area, and Tower No. 2 facing N.E. 2nd Avenue
housing 358 Residential units with a total of 520,328 square feet of floor area. The
project will include 140,281 square feet of retail space and will provide a total of
approximately 1,369 off street parking spaces. Tower No. 1 will have a maximum height
of 603 feet 0 inches A.G.L. (607 feet 0 inches AMSL) at top of parapet. Tower No. 2 will
have a maximum height of 543 feet 0 inches A.G.L. (550 feet 0 inches AMSL) at top of
parapet
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for
residential development involving in excess of two hundred (200) units;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (7), to
allow any single use or combination of uses requiring or proposing to provide in excess
of five hundred (500) off-street parking spaces;
This Major Use Special Permit encompasses the following Special Permits and
Requests:
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 606.3.1, to allow a new
development in SD -6 Central Commercial -Residential district;
CLASS 11 SPECIAL PERMIT, as per ARTICLE 6, Section 606.8.3, to allow residential
recreational space conforming to "The City of Miami Design Guides and Standards for
Open Space and Residential Recreational Space";
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 923.2.1, to allow reduction of
one (1) loading berth dimension from 12'x 35'x 15' to two (2) 10'x 20'x 15'.
CLASS I 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 I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub -Section 916.2.1, to
allow parking for temporary special event such as ground breaking ceremonies;
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CLASS I SPECIAL PERMIT, as per, ARTICLE 15, Section 915.2, for FAA clearance
letter;
CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 917.2.1, to allow valet parking
for residential use;
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, to allow a construction
trailer;
CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 920.1.2, to allow a temporary
sales office trailer;
CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6.3.6 (3) SD -6 Central
Commercial -Residential District, to allow temporary development sign;
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 to be qualified as a phased project by the Director of the Planning
Department.
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.
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:
• It is found that the proposed development project will benefit the area by creating
residential units, hotel rooms, and commercial uses along Biscayne Boulevard in the
DOWNTOWN NET District, located along NE 17th Street and NE 17th Terrace.
• It is found that the subject property is bounded by NE 2nd Avenue to the West;
Biscayne Boulevard, to the East; NE 17th Street, to the South, and the east portion of
the North side of the property is bounded by NE 17th Terrace (see supporting
documentation).
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• 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 an Archeological
Conservation area.
• It is found that the proposed residential density of the project (769 units at 322 units
per acre) is below the maximum 1185 units (500 units per acre) on the 2.37± net
acre site.
• It is found that the total residential allowable floor area for the 3.51± gross acre site
at a Floor Area Ratio (FAR) of 7.2 is 1,100,239 square feet; and the provided
residential area is 1,100,236 square feet, which is within the allowed range.
• It is found that the maximum height of the proposed structure is unlimited. Pursuant
to Article 6, Section 606.9 "Height limitations".
• It is found that the proposed open space for the project (23,112 sq. ft. at 15.12%) is
above the minimum required open space (15,281 sq. ft. at 10% GLA) for this project.
• It is found that the proposed total number of parking spaces (approximately 1,369)
for the project is above the required number of 833 parking spaces.
• It is found that the Economic Impact Analysis, prepared by Lambert Advisory on
June 29, 21007 reflects that the project is expected to cost approximately
$505,500,000, and to employ approximately 1,520 workers during construction (FTE -
Full Time Employees); The project will also result in the creation of approximately
470 permanent new jobs (FTE) for building operations and will generate
approximately $3,492,531 annually in tax revenues to the City (2011 dollars).
It is found that the Large Scale Development Committee reviewed the project on
December 10, 2008 to address the expressed technical concerns raised at said
Large Scale Development Committee meeting.
It is found that on November 24, 2008, the City of Miami Public Works Department
provided a review of the project and commented that: (1) Biscayne Boulevard:
Hardscape and landscaping improvements shall conform to Florida Department of
Transportation plans, Fin.Proj. No. 414624-1-52-01. A permit is required from the
F.D.O.T. for any work within the Biscayne Boulevard right-of-way; (2) NE 17 Street:
Replace damaged sidewalk, curb and -gutter on the north side of the roadway
adjacent to the project site. Construct new median curb on the perimeter of the
medians. Mill and resurface the west bound roadway lanes between Biscayne
Boulevard and NE 2 Avenue. Resod parkway planters and the medians; (3) NE 2
Avenue: Replace damaged sidewalk on the east side of the roadway adjacent to the
project site. Construct new curb and gutter on the eastside of the roadway adjacent
to the project site. Rebuild the north bound lanes between NE 17 Street and NE 17
Terrace to the centerline of the avenue to conform to the new gutter grade. Resod
parkway planters; (4) NE 17 Terrace: Replace damaged sidewalk on the south side
of the roadway adjacent to the project site. Construct new curb and gutter on the
south side of the roadway adjacent to the project site. Rebuild the eastbound lanes
between NE 2 Avenue to the east end of the project site to the centerline of the
terrace to conform to the new gutter grade. Resod parkway planters.
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It is found that the proposed project was reviewed by the Internal Design Review
Committee on October 14, 2008, and the following revised pertinent comments were
made: Architecture- (1) The committee understands the combined use of perforated
metal, glass, louvers, kalwall, concrete and storefront systems is an effective solution
for screening the parking garage. If any of these materials is to be changed or the
ratio of transparent to solid is altered, the Planning Department reserves the right to
comment further; (2) Indicate the dimension of the openings in the perforated metal
screens proposed for the parking garage. It is essential that all views of cars, lights,
and mechanical equipment be screened from view on the street and from
neighboring properties; (3)Consider increasing the ratio of spandrel -glass to stucco
on the interior party walls that will for some time be clearly visible from Biscayne
Boulevard. Landscape (1) Indicate where relocated palms will be placed, Consider
improvements to the median along NE 17th Street where these palms may be
located.
It is found that Miami -Dade County Public Schools, on March 5, 2009, has
conducted a public school concurrency review for this application and has
determined that it DOES MEET (Concurrency Met) all applicable LOS Standards for
a Final Development order as adopted in the local Government's Educational
Element and incorporated in the Interlocal Agreement for Public School Facility
Planning.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on January 21, 2009, which recommended
approval..
• It is found that the proposed project height of 607 feet AMSL at the proposed
location does not meet the review criteria, and does not require a Height Analysis or
Letter of Determination from The Miami -Dade Aviation Department.
It is found that on January 9, 2009, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #002) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient with recommendations to
implement the following Transportation Control Measurements (TCM) in recognition
of utilizing the alternate modes of transportation and higher vehicle occupancy:
(1) Car pooling; (2) Ridesharing; (3) Bicycle racks; (4) Transit information to
residents and patrons.
It is found that Geosyntec Consultants conducted a Environmental Impact Analysis
for the project and states that "Geosyntec project team has not found that the
proposed project will result in an overall significant adverse impact to the
environment and natural resources at the Site".
It is found that with respect to all additional criteria as specified in Section 1305.2 of
Zoning Ordinance 11000, the proposal has been found to adhere to the following
Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and Landscape
Architecture; (3) Pedestrian Oriented Development; (4) Streets and Open Space; (5)
Vehicular Access and Parking; (6) Screening; (7) Signage and lighting; (8)
Preservation of Natural Features; and (9) Modification of Nonconformities.
Based on these findings, the Planning Department is recommending approval of
the requested Development Project with the following conditions:
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1) Meet all 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.
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 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 Permit.
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 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.
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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: Architecture: (1) Changes to the proposed
screening materials in the garage, including the ratio of transparent to solid, would need
to be reviewed and approved by the Planning Department; (2) Indicate the dimension of
the openings in the perforated metal screens proposed for the parking garage. It is
essential that all views of cars, lights, and mechanical equipment be screened from view
on the street and from neighboring properties; (3)Consider increasing the ratio of
spandrel -glass to stucco on the interior party walls that will for some time be clearly
visible from Biscayne Boulevard.. Landscape: (1) Indicate where relocated palms will be
placed. Consider improvements to the median along NE 17th Street where these palms
may be located.
12) Pursuant to comments by the City of Miami Public Works Department, the
following conditions shall be required of the applicant: a) Public Works Department
provided a review of the project and commented that: (1) Biscayne Boulevard:
Hardscape and landscaping improvements shall conform to Florida Department of
Transportation plans, Fin.Proj. No. 414624-1-52-01. A permit is required from the
F.D.O.T. for any work within the Biscayne Boulevard right-of-way; (2) NE 17 Street:
Replace damaged sidewalk, curb and -gutter on the north side of the roadway adjacent
to the project site. Construct new median curb on the perimeter of the medians. Mill and
resurface the west bound roadway lanes between Biscayne Boulevard and NE 2
Avenue. Re .. sod parkway planters and the medians; (3) NE 2 Avenue: Replace
damaged sidewalk on the east side of the roadway adjacent to the project site. Construct
new curb and gutter on the eastside of the roadway adjacent to the project site. Rebuild
the north bound lanes between NE 17 Street and NE 17 Terrace to the centerline of the
avenue to conform to the new gutter grade. Resod parkway planters; (4) NE 17 Terrace:
Replace damaged sidewalk on the south side of the roadway adjacent to the project site.
Construct new curb and gutter on the south side of the roadway adjacent to the project
site. Rebuild the eastbound lanes between NE 2 Avenue to the east end of the project
site to the centerline of the terrace to conform to the new gutter grade. Resod parkway
planters.
13) Pursuant to comments of the City's Traffic Consultant, URS Corp., the City of
Miami Transportation Office, shall review and approve the following identified
Transportation Control Measures (TCM) in recognition of utilizing the alternate modes of
transportation and higher vehicle occupancy: (1) Promote carpooling, (2) Ridesharing
programs; (3) Provide easily accessible bicycle racks within the facility; and (4) Provide
transit information for residents and patrons.
14) 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.
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