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HomeMy WebLinkAboutMUSP AnalysisAnalysis for Major Use Special Permit for the Dupont Towers Project located at approximately 300 Biscayne Boulevard Way CASE NO. 2004-018 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Dupont Towers has been reviewed to allow a Major Use Special Permit per Articles 13 and 17, to be comprised of two luxury towers contain- ing 1,228 multifamily residential units and 62 hotel units both with recreational ameni- ties, 9,982 square feet of retail space, 20,010 square feet of restaurant/cafe space, and two 14-story parking garages with approximately 1,481 total parking spaces. This Permit also includes the following requests: MUSP, as per Article 17 for development of 1,290 residential units; MUSP, as per Article 17 for parking structures of approximately 1,481 parking spaces; CLASS II, as per Article 9, Section 927, to allow temporary off -site parking during construction; CLASS II, as per Article 9, Section 908.2 for access from a public street roadway width greater than twenty five feet; CLASS II, as per Article 9, Section 922.1 and 923.2, a request to reduce three loading spaces from 12' x 55' to six 12' x 35' and reduce one 12' x 35' to two 10' x 20'; CLASS II, as per Article 4. Section 401, to request for signage approval; CLASS II, as per Article 4, Section 401, for development of new construction within the CBD district; CLASS II, as per Article 4, Section 401, for a temporary construction fence and covered walkway; 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 I, as per Article 9, Section 918.2, for parking and staging of offsite parking for construction crews; CLASS I, as per Section 915.2 for FAA clearance letter; CLASS I, as per Article 9, Section 906.6, for active recreational facilities (including swimming pools); CLASS I, 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; SPECIAL EXCEPTION as per Article 9, Section 917.1.2, to allow valet parking for hotel and restaurant up 50% of existing off-street parking spaces; SPECIAL EXCEPTION as per Article 4, Section 401, to allow bar/lounge open to the public with the CBD/Central Business District; PER CITY CHARTER, Section 3(mm)(ii) and (iii) to waive side yard and setback from the sea wall requirements for small portion of setback located at northeast corner to the northwest corner of the property; PER CITY CODE, Chapter 23-5a, Request for a Certificate of Appropriateness for ground disturbing activity in an Archeological Conservation Area. 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 at 300 Biscayne Boulevard Way along the Miami River, less than a block from the entrance to Biscayne Bay. • It is found that the subject property is located in the CBD (Central Business District) of Dupont 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 2 blocks north, and the Knight Center Station located 2 blocks west of 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, that the applicant will eliminate the inconsistencies by revising their traffic report. It is noted that study rec- ognizes 32.5% reduction in the primary trips to account for trips diverted to transit and pedestrian/bicycle facilities that exist near the project. Therefore, the applicant will present to the City's review and approve a Transportation Control Measure (TCM) plan that clearly identifies specific commitments to encourage the use of tran- sit facilities, and car/vanpooling. The implications of such commitments should be monitored consistent with the City's comprehensive plan requirements. It is noted that the applicant will need to work with the Florida Department of Transportation (FDOT) regarding the dedication of the right-of-way, located west of the subject property, along the Brickell Avenue Bridge. • It is found that the proposed project is located within an Archeological Conservation area and is therefore subject to a Certificate of Appropriateness for any ground disturbing activity within the designated area. • It is found that the proposed project is located within the Waterfront Charter area, and the applicant is requesting to waiver this requirement Sec. 3 (mm) (ii) (iii) which states: setback and side -yard requirements may be modified by the City Commission after design and site -plan review and public hearing only if the City Commission deteruuiines that the modifications requested provide public benefits such as direct public access, public walkways, plaza dedications, covered parking up to the flood plain level, or comparable benefits which promote a better urban environment and public advantages, or which preserve natural features. Wherever setback, side -yard, or site -plan review requirements of zoning ordinances are greater than the foregoing requirements, such greater requirements shall govern. • 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 boards and 3D renderings for project that are to be part of the approval as submitted and presented to the UDRB on January 21, 2004. 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 building permit. 5. Obtain approval from, or provide a letter of assurance from the Department of Public Works that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a building permit. 6. 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. 7. Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP peiuiit 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. 8. 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. 9. In so far as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Peirits 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. 10. The Applicant shall follow the Archeological Management Plan approved on November 18, 2003 (Resolution # 2003-88) by the Historic and Environmental Preservation Board during the development process. 11. 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. 12. Pursuant to the Traffic Analysis Review, the applicant shall revise their traffic re- port to eliminate any inconsistencies. The applicant should present a Transporta- tion Control Measure (TCM) plan that clearly identifies specific commitments to encourage the use of transit facilities, and car/vanpooling. The implications of such commitments should be monitored consistent with the City's comprehensive plan requirements. The applicant shall work with the Florida Department of Transportation (FDOT) regarding the dedication of the right-of-way, located west of the subject property, along the Brickell Avenue Bridge. 13. Pursuant to the UDRB's and Planning and Zoning Department's review, 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 boards and 3D renderings for project that are to be part of the approval as submitted and presented to the UDRB on January 21, 2004. 14. The applicant shall comply with all of Section 2 of the Design Standards and Guidelines for baywalks/riverwalks and shall also ensure for the connectivity to the adjacent riverwalks. 15. The applicant shall provide public access to waterfront walkways/riverwalks as stated in Section 401 (CBD) of the City Zoning Code. 16. Pursuant to the Miami River Commission's review on February 2, 2004, it found the proposed project to be consistent with the award winning Miami River Corridor Urban Inf 11 Plan, and to be consistent with the Miami River Greenway Action Plan; and thus the MRC recommended approval with the following condition; that the developer extends the publicly accessible riverwalk over the vacant "Claughton Tract" in order to connect with "One Miami's" riverwalk, directly east of the Dupont site.