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HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit for the Everglades on the Bay Project located at approximately 244 Biscayne Boulevard CASE NO. 2004-012 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Columbus Office Tower Project has been reviewed to allow a Major Use Special Permit per Articles 13 and 17, to be comprised of two residential towers, which consists of 870 total multifamily residential units with recreational amenities, 65,549 square feet of retail space, and approximately 1,146 total parking spaces. This Permit also includes the following requests: MUSP, as per Article 17 for development of 870 residential units; MUSP, as per Article 17 for parking structures of approximately 1,146 parking spaces; CLASS 11, as per Article 4, Section 401, for development of new construction within the CBD district; CLASS II, as per Article 9, Section 927, to allow temporary off -site parking during construction; CLASS 11, as per Article 4, Section 401, for a temporary construction fence and covered walkway; CLASS 1, as per Section 915.2 for FAA clearance letter; CLASS 1, as per Article 9, Section 906.6, for active recreational facilities (including swimming pools); CLASS I, as per Article 9, Section 925.3.8, to allow development/construction/rental signage; CLASS I, as per Article 9, Section 918.2, for parking and staging during construction; CLASS 1, as per Article 9, Section 918.2, for parking and staging of offsite parking for construction crews; CLASS 1, as per Article 9, Section 920.1, to allow a construction trailer and watchman's quarters; CLASS I, as per Article 9, Section 920.1, to allow a trailer for construction and other temporary office uses such as leasing and sales; CLASS I, as per Article 9, Section 906.9 to allow for a special event namely a ground breaking ceremony; Note: Designation as a phased development pursuant to Section 2502 of Ordinance No. 11000. REQUEST that the following MUSP conditions be required at the time of Temporary Certificate of Occupancy or Final Certificate of Occupancy instead of at the issuance of foundation permit: a. the requirement to record in the Public Records 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; and b. the requirement to record in the Public Records a unity of title or covenant in lieu of unity of title. Pursuant to Articles 13 and 17 of Zoning Ordinance 11000, approval of the requested 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 and Zoning Department has referred this project to the Large Scale Development Committee (LSDC) and the Planning & Zoning's 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 new commercial opportunities in the Downtown NET District, located on the corners of North Biscayne Boulevard, N.E. 3'a Street, and N.E. 2nd Street across from Bayside Market. • It is found that the subject property is located in the CBD (Central Business District) of A.L. Knowlton's Plat within the downtown region of the City. • It is found that the project has convenient access to the Metro Mover system at the Bayfront Park Station, located approximately 3Y2 blocks south from the subject property, and the College/Bayside Station located approximately one block northwest from the subject property, with connections to the Metrorail Stations, for efficient use of existing mass transit systems. • It is found that, based on the Traffic Impact Analysis Review, applicant/developer is strongly encouraged to commit to a TCM (Transportation Control Measures) Plan as stated in the URS response dated February 12, 2004. This proposed project is esti- mated to generate a total of 337 AM and 629 PM peak -hour trips. This was reduced to 173 and 323 net new vehicular trips respectively after multimodal reductions were taken to account for anticipated higher vehicle occupancy, transit trips, and pedes- trian/bicycle trips. This is a net reduction of nearly 50% of the trips. + It is found that the project was reviewed by the Large Scale Development Committee and has been modified to address the expressed technical concerns raised at said Large Scale Development Committee meeting; • It is found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board, which recommended approval with the following conditions; utilize the materials as presented to the UDRB on December 17, 2003; and restudy the tower articulation to the ground level. The Planning and Zoning Department's review resulted in design modifications that were then recommended for approval to the Planning and Zoning Director. • It is found that with respect to all 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 Planning and Zoning Department is recommending approval of the requested Development Project 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 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 Department of Planning and Zoning, 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 Director of the Department of Planning and Zoning 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. 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, recordable 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. 7. Provide the Department of Planning and Zoning 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 Department of Planning and Zoning 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. 8. 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 de- veloped or provided, the applicant shall provide the Department of Planning and Zoning with all subordinate Class I Special Permit plans and detailed require- ments 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. 9. 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 oc- cupying future phases of this Project in the event that the future phases are not de- veloped, said plan shall include a proposed timetable and shall be subject to re- view and approval by the Director of Planning and Zoning. 10. Pursuant to the Traffic Impact Analysis Review, the applicant is strongly encour- aged to commit to a TCM (Transportation Control Measures) Plan subject to the review and approval of the Planning and Zoning Director, prior to the issuance of a building permit. 11. Pursuant to the UDRB's and Planning and Zoning Department's review, the applicant shall meet the following conditions; utilize the materials as presented to the UDRB on December 17, 2003; and restudy the tower articulation to the ground level.