HomeMy WebLinkAboutAnalysisAnalysis for Substantial Modification
to a Major Use Special Permit
for Metropolitan Miami
located at approximately
200 SE 2 Street; 200 SE 3 Street and 300 SE 3 Street
CASE NO. 2005-039
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Metropolitan Miami project has been reviewed to
approve with conditions, a Substantial Modification to a Major Use Special Permit, Reso-
lution No. 03-1235 (Miami River Village), per Articles 13, 17 and 22 of Zoning Ordinance
11000, as amended, for the Metropolitan Miami project (MU-2005-016), located at
approximately 200 SE 2 Street, and 200 & 300 S.E. 3 Street, Miami, Florida, to allow a
change in the application from 736,700 square feet of non-residential floor area and
3,716 parking spaces (as in original Resolution 98-1151 and modified by Resolution
Nos. 02-1249; 04-0276; and 04-0419) to approximately 259,361 square feet of nonresi-
dential floor area and approximately 3,328 parking spaces; specifically a decrease in
the office component from 500,000 square feet to approximately 9,000 square feet, to
reinstate the original residential density of Parcel D previously shifted to Parcel C by the
previous approval (Resolution No. 04-0419) back to Parcel D; and to preserve the previ-
ously approved 1,500 dwelling units on the entire site.
This Permit also includes the following requests:
MUSP, per Article 17, Section 1701, and Article 22, to preserve the 1,500
dwelling units approved pursuant to Resolution No. 04-0419;
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, of an
approved MUSP (Resolution No. 04-0419), adopted June 24, 2004, as per
Article 22, Section 2215, of City of Miami Zoning Ordinance 11000, as amended,
to allow a change in the original application by decreasing from 736,700 square
feet nonresidential floor area to approximately 259,361 square feet, and
decreasing from parking structures consisting of 3,716 spaces approximately
3,328 spaces;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for development of
new construction within the Central Business District;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to approve open
space and/or residential recreation space as shown on the plans;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for wholesale
activities at the ground floor level along designated primary pedestrian pathways
so long as ground floor footage consists of a retail or open to the public
component;
CLASS !I SPECIAL PERMIT, as per Article 4, Section 401 to allow for parking
garages;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401 to allow for outdoor
eating areas, outdoor cafes, outdoor display and sale of food or live flowers and
plants;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for temporary
construction fence and covered walkway within the Central Business District.
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CLASS II SPECIAL PERMIT, as per Article 9, Section 906.6, for pool/outdoor
recreation area;
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2 for access from a
public street roadway width greater than 25 feet;
CLASS 11 SPECIAL PERMIT; as per Article 9, Section 927, to allow temporary
off -site parking during construction;
CLASS 1 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 917.1.2, for offstreet
parking maintained with valet parking for excess parking;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, to allow temporary
off -site parking for construction crews working on a residential project;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a
construction trailer and watchman's quarters;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
All previous approvals granted by Resolution Nos. 98-1151, 02-1249, 04-0276 and 04-
0419 to remain unchanged except as stated above.
Per City Code, Chapter 36, Construction Equipment Request for waiver of noise
ordinance while under construction for continuous pours.
Pursuant to Articles 13, 17 and 22 of Zoning Ordinance 11000, approval of the
requested Substantial Modification to a 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 on April 22, 2004, the City Commission approved Resolution No. 04-
0276, which approved a Substantial Modification of the Master Development
Program for the property. Tract "B" consisted of a 39-story, 400-foot building with
447 units, 81,275 sq. ft. of retail, 61,300 sq ft. of theater facilities, and 926 parking
spaces; Tract "C" consisted of a 42-story, 400-foot building with 450 units, 9,000 sq.
ft. of office, 32,850 sq. ft. of retail, and 922 parking spaces; and Tract "D" consisted
of a 72-story, 750-foot building with 650 units, 25,700 sq. ft. of retail, 17,500 sq. ft. of
health club facilities, and 2,436 parking spaces. Total development program: 1,547
units, 9,000 sq. ft. of office, 139,825 sq. ft. of retail, 61,300 sq. ft. of theater facilities,
17,500 sq. ft. of health club facilities and 4,284 parking spaces.
• It is found that on June 24, 2004, the City Commission approved Resolution No. 04-
0419, which approved a Substantial Modification of the Master Development
Program for the property. Tract "B" consisted of a 40-story, 440-foot building with
447 units, 90,500 sq. ft. of retail, 60,000 sq ft. of theater facilities, and 641 parking
spaces; Tract "C" consisted of a 53-story, 550-foot building with 653 units, 30,000
sq. ft. of retail, and 975 parking spaces; and Tract "D" consisted of a 49-story, 540-
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foot building with 400 units, 500,000 sq. ft. of office. 56,200 sq. ft. of retail, and
2,100 parking spaces. Total development program: 1,500 units, 500,000 sq. ft. of
office, 176,700 sq. ft. of retail, 60,000 sq. ft. of theater facilities, and 3,716 parking
spaces
• It is found that with the current submitted Substantial Modification application (April
7, 2005), Tract "B" will consist of a 40-story, 400-foot building with 447 units, 81,275
sq. ft. of retail, 61,300 sq ft. of theater facilities, and 641 parking spaces; Tract "C"
consists of a 40-story, 400-foot building with 403 units, 9,000 sq. ft. of office, 32,850
sq. ft. of retail, and 922 parking spaces; and Tract "D" consists of a 73-story, 786-
foot building with 650 units, 44,936 sq. ft. of retail, 30,000 sq. ft. of health club
facilities, and 1,765 parking spaces. Total development program: 1,500 units, 9,000
sq. ft. of office, 159,061 sq. ft. of retail, 61,300 sq. ft. of theater facilities, 30,000 sq.
ft. of health club facilities and 3,328 parking spaces
• It is found that the proposed development project will benefit the area by creating
additional residential opportunities in the Downtown NET District, located just off the
north side of the mouth of the Miami River.
• It is found that the subject property is located in the "Dupont Plaza" Plat within the
CBD 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 CBD "Central Business District"
Zoning District.
• It is found that the proposed density of the project (1,500 units at 253 units per acre)
is well below the maximum 5,940 units (1,000 units per acre) on the 5.94± net acre
site.
• It is found that the project has convenient access to the Metromover system at the
Bayfront Park and Knight Center stations, located northeast of the subject property,
with connections to the Metrorail and Tri-Rail systems, for efficient use of existing
mass transit systems.
• It is found that Miami -Dade Public Schools provided a review of the proposed project
on April 30, 2004. The student population generated by this development is
estimated at 330 students. The schools serving this area of application are
Riverside (152 students) — 126% Florida Inventory School Houses (FISH) Capacity
with the proposed project; Jose De Diego Middle (83 students) — 119% FISH; and
Booker T. Washington Senior High (95 students) - 63% FISH. Pursuant to the
interlocal agreement, Riverside Elementary and Jose De Diego Elementary 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 $1,924,890. Based on the State's April 2004 student station
cost factors, capital costs for the estimated additional students to be generated by
the proposed development is $5,229,782.
• It is found that recent significant discoveries were unearthed at the project site. The
Historic and Environmental Preservation Board (HEPB) approved (HEPB 2004-48)
on June 15, 2004 a Certificate of Appropriateness for ground disturbing activity
involving new construction within an Archaeological Conservation Area subject to the
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following conditions: (1) The human remains shall be reinterred; (2) The applicant
shall work with staff and shall keep the Board abreast of any additional discoveries
that address all of the concerns raised in the analysis above; (3) The final plans for
the interpretive elements of the project shall be brought back to the Board.
• It is found that on June 22, 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 by the Design Review Committee
on March 8, 2005, and the following pertinent comments were made: Pedestrian
Realm — (1) In order to enhance the pedestrian character of these parcels,
implement the following: (a) The pedestrian sidewalk realm shall remain at a
consistent height throughout. Vehicles shall rise to the sidewalk level with ramping
beginning at the outer edge of the curb, with the ramp slope being the maximum
allowed by Public Works; (b) The pedestrian sidewalk area shall be maintained with
a consistent, recognizable pattern, which shall continue across the vehicular
entrances in order to give dominance to the pedestrian realm over the vehicular
areas; Loading — (1) The loading condition in Tract D is better than the previous
submittal, since the loading bays are now contained within the building. Provide
details of the proposed cover for the loading area in the north elevation of Tract D.
A visually interesting element should be introduced to contribute to the pedestrian
realm while concealing the loading area from view; (2) Indicate how the loading
maneuvering occurs, and confirm that the garage ramping has a sufficient distance
to allow clearance for loading vehicles underneath in Parcel D. Loading
maneuvering shall be designed to occur within the site, such that loading vehicles do
not have to reverse to or from the public right of way; Garages — (1) Although liner
program was not included in the previously approved proposal, the project would
benefit greatly from the provision of liner uses on the west podium of Parcel D.
Consider providing liner program with a minimum of 15' of useable active habitable
space along at least the second and third levels of the west portion of the garage
facing SE 2nd Ave. Since the tower is designed to be articulated all the way to the
street level, it would be more appropriate to provide active uses within the lower
levels of the building, as was done in the Parcel C building in the block to the south
of the site; (2) For the east and west garage podium elevations, consider a more
artistic solution to the garage facade area, by breaking up the large continuous
louvered areas and incorporating openings more in residential scale. Consider
providing an artistic solution to the garage podium, perhaps utilizing similar design
ideas as are shown for the north and south garage podium elevations; (3) It is critical
that parked cars be hidden from view. Where parking garage facades will be
adjacent to streets, provide details of the materials proposed to cover the garage
openings, and indicate how all vehicles and vehicular ramps will be concealed from
public view; Vehicular Circulation — (1) Contact the City of Miami Transportation
Department to review issues relating to vehicular circulation, traffic flow, street
design and Metromover placement on the streets around the project. Mary Conway,
the City's Transportation Director, may be contacted at 305-416-1027; Tower
Height - Confirm that the tower height is in compliance with height requirements
established by the FAA and Miami -Dade County Aviation Departments. The
Planning Department's review resulted in design modifications that were then
recommended for approval to the Planning Director.
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• It is found that April 13, 2005; the applicant requested a 30-day waiver for the time
period between the Planning Advisory Board on May 4, 2005 and the City
Commission of May 26, 2005.
• It is found that on May 2, 2005, the Miami -Dade Aviation Department provided a
review of the proposed project and found that it conforms to the Miami -Dade County
Height Zoning Ordinances.
• 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.
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,
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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.
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 Substantial Modification
to a Major Use Special Permit.
9. In so far as this Substantial Modification to a Major Use Special Permit in-
cludes 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 I Special Permit
plans and detailed requirements 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 develop-
ment 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.
11. Pursuant to the review of the Design Review Committee, the applicant shall
meet the following conditions: (a) Provide details of the proposed cover for the
loading area in the north elevation of Tract D. A visually interesting element
should be introduced to contribute to the pedestrian realm while concealing the
loading area from view; (b) Indicate on the plans how the loading maneuvering
occurs, and confirm that the garage ramping has a sufficient distance to allow
clearance for loading vehicles underneath in Parcel D. Loading maneuvering
shall be designed to occur within the site, such that loading vehicles do not
have to reverse to or from the public right of way; (c) Provide a liner program
with a minimum of 15' of useable active habitable space along at least the sec-
ond and third levels of the west portion of the garage facing SE 2nd Ave.; (d)
Provide more artistic solutions to the garage podium fagade area, by breaking
up the large continuous louvered areas and incorporating openings more in
residential scale; (e) Contact the City of Miami Transportation Department to
review issues relating to vehicular circulation, traffic flow, street design and
Metromover placement on the streets around the project; (f) Confirm that the
tower height is in compliance with height requirements established by the FAA
and Miami -Dade County Aviation Departments.
12. Pursuant to HEPB Resolution 2004-48, the applicant shall meet the following
conditions: (a) The human remains shall be reinterred; (b) The applicant shall
work with staff and shall keep the Board abreast of any additional discoveries
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that address all of the concerns raised in the analysis above; (c) The final plans
for the interpretive elements of the project shall be brought back to the Board.
13, Within 90 days of the effective date of this ❑evelopment 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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