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HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit for Marquis located at approximately 1100 Biscayne Boulevard CASE NO. 2004-108 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Marquis project has been reviewed to allow a Major Use Special Permit per Articles 13 and 17, located at approximately 1100 Biscayne Boule- vard, Miami, Florida, to comprise of a 679-foot, 63-story high mixed use structure to be consist of approximately 334 total units (310 residential units + 24 x 2 hotel rooms) with recreational amenities, approximately 5,765 square feet of retail space, and 525 total parking spaces. This Permit also includes the following requests: MUSP, per Article 17, for development of 310 residential units and 24 hotel rooms; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow construction fence and covered walkway; CLASS II SPECIAL PERMIT, as per Article 6, Section 620, for development of new construction within the SD-6.1 Districts; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for signage approval; CLASS II SPECIAL PERMIT, as per Article 4, Section 401 to allow for outdoor eating areas and outdoor cafes; CLASS II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2, a request to reduce one of the required five loading berths from 12 x 55 to two 10 x 20; CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, for access from a public street roadway with driveway greater than twenty five feet in width; construction trailer and watchman's quarters; CLASS II SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer(s) for construction and other temporary offices such as leasing and sales; CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver of City of Miami Parking Guides and Standards for reduction of the required extra (1) foot where a side of a parking stall abuts a wall; CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event namely a ground breaking ceremony; CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and staging of construction during construction; CLASS I SPECIAL PERMIT, as per Article 9, Section 925.3.8, to allow development construction/rental signage; CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction trailer and watchman's quarters; Page 1 of 6 REQUEST for applicable MUSP conditions to be required at the time of shell permit instead of at 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 additional residential opportunities in the Downtown NET District, located at Biscayne Boulevard and NE 11th Street. • It is found that the subject property is located in the "Howard Johnson" Plat within the Parkwest neighborhood of the City. • It is found that the proposed zoning designation for the property pursuant to the Zoning Ordinance of the City of Miami, Florida is the SD-6 "Central Commercial Residential" Zoning District. • It is found that the proposed density of the project is 300 units per acre (300 units maximum) on the 1.1171± net acre site. It is found that the proposed project was reviewed by the Design Review Committee on November 16, 2004, and the following pertinent comments were made: (a) Con- sider the following modifications to better address the change in grade from the sidewalk level to the raised terrace: 1. provide wrap -around stairs at the north and south corners of the terrace, in order to provide entry at these points, and 2. con- sider a regular pattern of seating areas and stairs, rather than one continuous stair and one seating area; (b) The pedestrian realm along the north, south and west street frontages of the building is in need of further design treatment. Any blank wall areas shall be mitigated through the use of any or all of the following techniques: 1. provide more window openings into the building (if possible), 2. provide an artistic treatment to enhance the walls through the use of decorative architectural materials, and/or 3. use the area between the building and the property line to create terraces, planters, benches or other features which create a transition between the building wall and the pedestrian realm (particularly on the west side, where there is signifi- cant space between the walls of the loading bay and the base building line); (c) De - Page 2 of 6 sign the water feature proposed along NE 11th St. so that it is visible to pedestrians on the street, instead of the blank stucco wall shown in this area on the south eleva- tion detail page; (d) The revised loading proposal, involving a passthrough loading condition, is more appropriate and will ease traffic congestion in the area; (e) The proposal involving the future alignment of Biscayne Boulevard will need to be further evaluated and approved by FDOT and its implementation may depend on the timing of the Biscayne Boulevard re -alignment project. The concept of an urban plaza fea- turing benches and large canopy ficus trees, as illustrated on the landscape draw- ings, could be appropriate. Because of the fruit -bearing traits of the ficus trees, a maintenance plan for this area will be critical. Due to the large space created be- tween the street and the property line under the new alignment, the Planning De- partment recommends coordinating with FDOT in order to explore the possibility of creating a smooth transition between the sidewalk level and the building's ground floor level through the use of terraces, steps, ramps and/or sloping of the plaza area; (f) The tower has an appropriate appearance in the perspective rendering drawings. However, because of the large scale of the building, the blurry, unclear quality of the elevation drawings, inconsistency between the perspective and elevation drawings, and the lack of door and window placements within the floor plans, it is very difficult to determine the actual appearance of the building. Provide floor plan drawings which accurately indicate the location of all doors, windows, and masonry walls, and provide line elevation drawings clearly representing the materials of the building. For example, there is a stair tower on the south setback line, which is a solid wall in plan, but this area is rendered as clear glass in the south elevation drawing. The eleva- tion drawing should portray this is a stucco wall, or the floor plan should be revised to indicate the use of glass for this area; (g) Given the project's location on NE 11th St., at the entrance of the City's Entertainment District, the proposal for art screens for the garage elevations may be an appropriate solution. However, specific detail of the art screen facades will be required, including proposed materials, colors, illumi- nation scheme, etc. A final approval of a design for the exposed garage facades will be required as part of the proposal; (h) The planting plan, indicating the provision of shade trees adjacent to the curb, in order to provide a buffer between pedestrians and vehicular traffic, is appropriate. 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 Miami -Dade Public Schools provided a revised review of the proposed project on December 3, 2004. The student population generated by this development is estimated at 68 students. The schools serving this area of application are Phillis Wheatley Elementary - 64% Florida Inventory School Houses (FISH) Capacity with the proposed project; Jose De Diego Middle — 129% FISH, and Booker T. Washington Senior High - 57% FISH. Pursuant to the interlocal agreement, Jose de Diego Middle School meets the review threshold of 115%. • It is found that the Large Scale Development Committee reviewed the project on October 19, 2004 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 on October 20, 2004, which recommended approval (UDRB Reso. 10-20-04-2) with the following conditions: (a) On the ground floor, there is not a good interface from the building to Biscayne Boulevard. Provide elongation or continuation of the steps along Biscayne Boulevard to the point where Page 3 of 6 currently the top of the ramp ends and move the ramp to the south side of the building. The UDRB will support this applicant with any measure that will transfer the location of the steps outside of their property to minimize the transition between the current sidewalk and the deck level; (b) Come back to this board prior to the issuance of a building permit for review of the of the art screens. As presented, the art screen is made of a fabric material. This is a very large component that meets the streetscape and is really undefined at this point. There is not a clearly defined system and there is a probability that it will be value engineered. What type of system, and execution will this be? Is it paint? Is it canvas? Or is it electronic flat panel. • It is found that on October 21, 2004, the City's Traffic Consultant, URS Corp., provided a Review of the Traffic Impact Analysis submitted by the applicant and has found the traffic analysis not sufficient. • 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. Page4of6 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 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 Permits for which specific details have not yet been developed or provided, the applicant shall provide the Department of Planning and Zoning with all subordinate Class 1 Special Permit plans and detailed re- quirements 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 re- quested activities and/or improvements listed in this development order or cap- tioned in the plans approved by it. 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 sub- ject to review and approval by the Director of Planning and Zoning. 11. Pursuant to design related comments received by the Director of Planning and Zoning, the applicant shall meet the following conditions: (a) Provide more win- dow openings into the building (if possible) by providing for an artistic treatment to enhance the walls through the use of decorative architectural materials, and/or use the area between the building and the property line to create ter- races, planters, benches or other features which create a transition between the building wall and the pedestrian realm, particularly on the west side; (b) The proposal involving the future alignment of Biscayne Boulevard will need to be further evaluated and approved by FDOT and its implementation may de- pend on the timing of the Biscayne Boulevard re -alignment project; (c) Provide floor plan drawings which accurately indicate the location of all doors, windows, and masonry walls, and provide line elevation drawings clearly representing the materials of the building; and (d) Specific detail of the art screen facades will be required, including proposed materials, colors, illumination scheme, etc., Page 5 of 6 given the project's location on NE 11th Street, at the entrance of the City's En- tertainment District. 12. Pursuant to the Traffic Impact Analysis Review, the applicant is strongly en- couraged to continue working with the City's Traffic Consultant to resolve all outstanding Traffic Analysis issues prior to being heard by the City Commis- sion. 13. Within 90 days of the effective date of this Development Order, record a certi- fied 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. Page 6 of 6