HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit
for
Paramount Park
located at approximately
728 Biscayne Boulevard and 225 NE 7 Street
CASE NO. 2005-033
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Paramount Park project has been reviewed to allow a
Major Use Special Permit per Articles 5, 13 and 17, located at approximately 728 Bis-
cayne Boulevard and 225 NE 7 Street, Miami, Florida, to comprise of a 756-foot, 68-
story high mixed use structure to be comprised of approximately 467 total multifamily
residential units with recreational amenities; approximately 120 hotel rooms; approxi-
mately 12,947 square feet of retail space; and approximately 818 total parking spaces;
providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MUSP, as per Article 17 for development of 467 residential units and 120 hotel
rooms;
MUSP, as per Article 17 for parking structures with approximately 818 parking
spaces;
MUSP, as per Article 5 and Section 502, PUD to increase 20% of the total floor
area, for a maximum of 249,806 square feet of bonus;
Per City Code, Chapter 23-5a, Request for a Certificate of Appropriateness for
ground disturbing activity in an Archeological Conservation Area;
CLASS II SPECIAL PERMIT, as per Article 6, Section 606.3.2, for development
of new construction within the Central Commercial Residential District;
CLASS 11 SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver
of City of Miami Parking Guides and Standards to reduce one (1) of the required
five (5) loading berths from 12' x 55' to two (2) 10' x 20';
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow construction
fence and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
CLASS 11 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 908.2, for access from a
public street roadway with driveway greater than twenty-five feet in width;
CLASS 11 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 11 SPECIAL PERMIT, as per Article 9, Section 906.6, for pool/outdoor
recreation area.
CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary
off -site parking during construction;
CLASS II SPECIAL PERMIT, as per Article 9, Section 917.1.2 to allow valet
parking for other uses;
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a
special event namely a ground breaking ceremony;
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CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and
staging of construction during construction;
CLASS l 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;
REQUEST for applicable MUSP conditions to be required at the time of shell permit
instead of at issuance of foundation permit; and the requirement to record in the Public
Records a unity of title or covenant in lieu of unity of title, if applicable.
Pursuant to Articles 5, 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 Downtown NET District, located at the SW
corner of NE 7 Street and Biscayne Boulevard.
• It is found that the subject property is located in the "City of Miami" Plat within the
Parkwest 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 SD-6 "Central Commercial -
Residential" Zoning District.
• It is found that the proposed density of the project (587 units at 300 units per acre) is
below the maximum 880 units (500 units per acre) on the 1.76± net acre site.
• It is found that the project has convenient access to the Metromover system at the
Freedom Tower and Park West stations, each located adjacent west of the subject
property, for efficient use of existing mass transit systems
• 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 project is expected to cost approximately $284,637,500, and to
employ approximately 1,285 workers during construction (FTE-Full Time
Employees); The project will also result in the creation of approximately 88
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permanent new jobs and will generate approximately $3,067,593 annually in tax
revenues to the City (2005 dollars).
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on December 9, 2004. The student population generated by this
development is estimated at 112 students. The schools serving this area of
application are Frederick Douglas Elementary (26 students) — 61% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Riverside Elementary (26
students) — 144% FISH; Jose De Diego Middle (28 students) — 130% FISH; and
Booker T. Washington Senior High (32 students) - 58% FISH. Pursuant to the
interlocal agreement, Riverside Elementary 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 $653,296. Based on the State's January 2005 student station
cost factors, capital costs for the estimated additional students to be generated by
the proposed development is $1,788,224.
• It is found that on December 27, 2004, the Miami -Dade Aviation Department
provided a review of the proposed project and found that it does not conform to the
Miami -Dade County Height Zoning Ordinances.
• It is found that the Large Scale Development Committee reviewed the project on
January 4, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that the proposed project was reviewed by the Historic and Environmental
Preservation Board (HEPB) on January 4, 2005, which approved (HEPB 2005-04) a
Certificate of Appropriateness for ground disturbing activity involving new
construction within an Archaeological Conservation Area subject to the following
conditions: (1) A phase 1 archeological assessment prior to construction and
archeological monitoring during ground disturbing activity shall be provided in
accordance with the management plan submitted by the Archaeological and
Historical Conservancy, Inc.; (2) The City Archeologist shall be notified prior to
construction activities and in the event of a significant discovery, as per the
management plan submitted; and (3) A final report shall be submitted to the City
Archeologist documenting the results of this investigation.
• It is found that the proposed project was reviewed by the Design Review Committee
on February 8, 2005 and the following pertinent comments were made: Urban
Design - (1) The extension of the retail lining to cover more of the northwest and
southwest corners of the building, and to further conceal the loading bay area, is
appropriate. However, it is important to provide a similar treatment of continuous
retail space along Biscayne Boulevard at the northeast corner of the site. The
breaks in the retail frontage are inappropriate, as they allow views into the vehicular
drop-off circle from Biscayne Boulevard; (2) The committee approves of the revised
loading solution which allows loading functions to occur internally within the garage
and loading vehicles do not have to reverse to or from the public right of way; (3) As
the architect stated in the meeting with the design review committee, all ground floor
service -related function rooms will be provided with spandrel glass, in order to blend
these spaces with the actual glass material used for the retail and lobby spaces; (4)
The provision of retail space lining the garage ramp along the ground floor level on
NE 2nd Ave. is an appropriate design solution in order to conceal the ramp and
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provide active uses at the pedestrian level; (5) The committee appreciates the
revised garage podium plan in which the circular opening to the drop-off area has
been removed, and active habitable liner units have been provided on the entire
north and south sides of the garage, as well as the Biscayne Boulevard side. This
will create a more activate facade on these streets; (6) The design of the retail
terrace and steps is appropriate; Architecture - (1) Provide material samples or
photographs indicating the different types of glass proposed for the Biscayne
Boulevard retail and office elevation; (2) The detail of the west elevation indicates
the use of glass for the garage facade. Please clarify if glass is intended to be used
for the entire garage elevation, and if clear glass or spandrel glass is proposed; (3)
The design concept allowing each of the three tower elements to be expressed all
the way to the street level is appropriate; (4) The use of a large amount of windows,
balconies and terraces in the units in the building is appropriate; Landscaping - (1)
The placement and location of shade trees at the edge of curb along NE 2rn Ave.,
NE 7th St. and NE 8th St. is appropriate. Consider the addition of more shade trees
along NE 7th St. and NE 8th St. near Biscayne Boulevard; (2) Consider providing a
more lush landscaping treatment for the amenity level terrace. The Planning
Department's review resulted in design modifications that were then recommended
for approval to the Planning Director.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on February 16, 2005, which recommended
Approval (UDRB Reso. 2-16-05-2) with the following conditions: Minimize use of
opaque glass for retail; The entries on the north and east facade shall remain the
same proportion as presented at the UDRB.
• It is found that on February 21, 2005, 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 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.
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.
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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 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
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not developed, said plan shall include a proposed timetable and shall be sub-
ject 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: (a) Provide additional shade trees
along NE 7 Street and NE 8 Street near Biscayne Boulevard; (b) A final land-
scape plan shall be submitted for review and approval of the Planning Director
prior to the issuance of a building permit.
12. Pursuant to HEPB Resolution 2005-04, the applicant shall meet the following
conditions: (a) A phase 1 archeological assessment prior to construction and
archeological monitoring during ground disturbing activity shall be provided in
accordance with the management plan submitted by the Archaeological and
Historical Conservancy, Inc.; (b) The City Archeologist shall be notified prior to
construction activities and in the event of a significant discovery, as per the
management plan submitted; and (c) A final report shall be submitted to the
City Archeologist documenting the results of this investigation.
13. That the height of the proposed structure shall conform to the Miami -Dade
County Height Zoning Ordinance as part of the process of obtaining a FAA
"Determination of No Hazard".
14. That corrections on the Zoning Data Table reflecting hotel and commercial
parking requirements shall be made prior to being heard by the City Commis-
sion.
15. Applicant shall pay Downtown DRI fees within thirty (30) days of the effective
date of this Development Order.
16. 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.
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