HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit
for
Biscayne Park
located at approximately
2450 Biscayne Boulevard; 243, 251, 261, and 265 NE 24th Street;
218, 226, 234, 242, 250 and 258 NE 25th Street
CASE NO. 2005-011
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Biscayne Park project has been reviewed to allow a
Major Use Special Permit per Articles 5, 9, 13 and 17, located at approximately 2450
Biscayne Boulevard; 243, 251, 261, and 265 NE 24th Street; 218, 226, 234, 242, 250
and 258 NE 25th Street, Miami, Florida, to comprise of a 277-foot, 26-story high mixed
use structure to be comprised of approximately 214 total multifamily residential units
with recreational amenities, approximately 6,843 square feet of retail space; approxi-
mately 12,502 square feet of office space; and approximately 331 total parking spaces;
providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MUSP, as per Article 17, Section 1701, to permit residential in excess of two
hundred 200 dwelling units (proposed 214 residential units);
MUSP, as per Article 17 and Section 914.1 to permit additional floor area ratio as
a bonus through developer contribution to the Affordable Housing Trust Fund.
Requesting an additional 35,929 sq. ft. at an amount of $12.40 per square foot
for a total of $445,519.60;
MUSP, as per Article 5, Section 502, PUD to increase 20% of the total floor area,
for a maximum of 28,402 square feet of bonus;
CLASS I1 SPECIAL PERMIT, as per Article 6, Section 620.3.1, to permit new
construction in the SD-20.1 District;
CLASS I1 SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor
eating areas;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
CLASS I1 SPECIAL PERMIT, as per Article 6, Section 620.3, for temporary
construction fence and covered walkway;
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 required backup
space for parking. Required 23 feet; Proposed 22 feet; Request to waive one (1)
foot;
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, for access for a
public street roadway width greater than twenty-five feet;
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 917.2.1, to allow valet
parking for residential and other uses;
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 920.1(d), to allow a
construction trailer;
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CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1.2, to allow a
temporary sales office trailer;
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 provide a letter of assurance for the Solid Waste
Department; and
b. 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
c. The requirement to record in the Public Records a unity of title or covenant in
lieu of unity of title.
Per City Code, Chapter 36, Construction Equipment Request for waiver of noise
ordinance while under construction for continuous pours.
Pursuant to Articles 5, 9, 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
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
additional residential opportunities in the Wynwood/Edgewater District, located at the
SW corner of NE 25th Street and Biscayne Boulevard.
• It is found that the subject property is located in the "Birds" and "Edgewater" Plats
within the Edgewater neighborhood of the City.
• It is found that the existing zoning designation for the property pursuant to the
Zoning Ordinance of the City of Miami, Florida is the C-1 "Restricted Commercial"
with SD-20.1 "Edgewater Overlay" Zoning District.
• It is found that the proposed density of the project (214 units at 149 units per acre) is
below the maximum 216 units (150 units per acre) on the 1.44± net acre site.
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• Pursuant to Article 17, and Section 914.1, the proposed project is requesting a
development bonus of 35,929 square feet of additional floor area, and shall pay into
the Affordable Housing Trust Fund an amount of $12.40 per square foot =
$445,519,60.
• It is found that the project is expected to cost approximately $24,430,000, and to
employ approximately 243 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 80 permanent new jobs
and will generate approximately $213,125 annually in tax revenues to the City (2004
dollars).
• It is found that the applicant is submitting two versions of the arcade on Biscayne
Boulevard for the proposed project: Option "A" features a colonnade covering the
arcade; and Option "B" does not have a colonnade. As of the date of the Planning
Advisory Board meeting (February 2, 2005), the colonnade is a permitted feature per
City Code, but it requires a variance. The City is currently drafting legislation in
which colonnades will be permitted without a variance on Biscayne Boulevard
frontages within the SD-20 and SD-20.1 overlay districts as is done in the case on
Coral Way and other areas of the City. Applicant is submitting both versions in
advance of the proposed legislation. If the legislation passes, then the proposed
project will feature the colonnade without the need of a variance.
• It is found that the proposed project was reviewed by the Design Review Committee
on August 17, 2004, and the following pertinent comments were made: Con-
text/Urban Design — (1) The provision of an arcade and retail space at the corner of
Biscayne Blvd. and NE 25th St., and the provision of liner uses fronting the garage
on NE 24th and NE 25th St. are positive urban design contributions of the project; (2)
The internalized loading area and the minimal amount and width of curb cuts pro-
vided for entering the garage are also positive urban design considerations of the
project; (3) The provision of the lower height portion of the building on Biscayne
Boulevard is appropriate to correspond with the scale of the existing historic build-
ings across the street from the property. The revised plans appropriately provide
terraces for the residential units above the retail space on Biscayne Boulevard; (4)
The addition of the canopy structure on the corner of the building at Biscayne Blvd.
and NE 25th St, is appropriate in order to provide continuous shade and protection
from rain for pedestrians; (5) The revised garden wall incorporating more transpar-
ency through the use of aluminum fencing is appropriate; Garage - The committee
needs more information in order to determine the appearance of the proposed west
garage elevation. Please submit elevation details indicating proposed materials and
color selections, and indicate that parked cars and mechanical systems within the
garage are hidden from view. The applicant may proceed with the MUSP application
process, as the garage appearance may be specified as a condition to be worked
out through the design development process; Landscaping — (1) Consider the use
of an alternative shade tree species in lieu of the silver buttonwood trees proposed
as street trees along NE 24th St. and NE 25th St; (2) Consider the use of shade trees,
rather than palms, along NW 25th St., in order to provide a continuous canopy of
shade for pedestrians. Palm trees may be utilized periodically as an architectural
accent to the architecture of the building. The Planning Department's review re-
sulted in design modifications that were then recommended for approval to the
Planning Director.
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• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on January 31, 2005. The student population generated by this
development is estimated at 47 students. The schools serving this area of
application are Eneida M. Hartner Elementary (22 students) - 116% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Jose De Diego Middle
(12 students) — 114% FISH, and Booker T. Washington Senior High (13 students) -
58°A° FISH. Pursuant to the interlocal agreement, Eneida M. Hartner and Jose de
Diego Middle School meet the review threshold of 115%. At an average of $5,833
per K-12 student, the total annual operating cost for the additional students residing
in this development, if approved, would total $274,151. The total potential Capital
Cost (student stations) is $744,731.
• It is found that the Large Scale Development Committee reviewed the project on
September 21, 2004 to address the expressed technical concerns raised at said
Large Scale Development Committee meeting.
• It is found that on October 4, 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 sufficient.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on November 17, 2004, which recommended
Denial (UDRB Reso. 11-17-04-3) with the following reasons: The south and east
facades need better articulation; and the service entrance (loading) needs to be
relocated so that it doesn't interfere with the main entrance.
• 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 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 including the required Affordable Housing Trust fund
contribution of $12.40 per square foot for any applicable FAR increase sought
under those provisions.
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
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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.
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 1 Special Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Planning Department
with all subordinate Class 1 Special Permit plans and detailed requirements for
final review and approval of each one prior to the issuance of any of the subor-
dinate 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, 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 Planning Director.
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Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) The applicant shall submit ele-
vation details indicating proposed materials and color selections, and indicate
that parked cars and mechanical systems within the garage are hidden from
view; (b) the applicant shall use an alternative shade tree species in lieu of the
silver buttonwood trees proposed as street trees along NE 24th Street and NE
25th Street; and (c) the applicant shall use shade trees, rather than palms,
along NW 25th Street, in order to provide a continuous canopy of shade for pe-
destrians. Palm trees may be utilized periodically as an architectural accent to
the architecture of the building.
12. A development bonus to permit a mixed use of 35,929 square feet of floor area
will require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $445,519.60.
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.
14. If the proposed legislation on Biscayne Boulevard frontages within the SD-20
and SD-20.1 overlay districts passes, then the project shall not be required to
obtain a variance for the colonnade.
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