HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit
for
Lynx Downtown
located at approximately
16 SE 2 Street; 60 SE 2 Street; 41 SE 3 Street; and 61 SE 3 Street
CASE NO. 2005-036
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Lynx Downtown project has been reviewed to allow a
Major Use Special Permit per Articles 13 and 17, located at approximately 16 SE 2
Street; 60 SE 2 Street; 41 SE 3 Street; and 61 SE 3 Street, Miami, Florida, to construct
a mixed use six building cluster development ranging in height from 436 feet to 745 feet,
to be comprised of approximately 430 total multifamily residential units; approximately
91 live/work units; approximately 207 condominium/hotel units; approximately 194 hotel
rooms; approximately 147,696 square feet of office space; approximately 50,357 square
feet of retail and restaurant space; a 291-foot high vertical sports club of approximately
111,041 square feet; and approximately 1,459 total parking spaces.
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 430 residential units, 91 live work units,
207 condo hotel and 194 hotel rooms;
MUSP, as per Article 17 for development to provide parking in excess of 500
spaces or more. Proposed 1,459 parking spaces;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to permit new
construction within the Central Commercial Residential District;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor
eating areas;
CLASS 11 SPECIAL PERMIT, as per Article 9, Section 921.1, a request to reduce
loading space(s) from one (1) 12' x 35' to two (2) 12' x 33' and from one (1) 12' x
35' to two (2) 12' x 25';
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 I SPECIAL PERMIT, as per Article 4, Section 401, to allow for temporary
construction fence and covered walkway;
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a
special event namely a ground breaking ceremony;
CLASS 1 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;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1(d), to allow a
temporary sales office trailer;
CLASS l SPECIAL PERMIT, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
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Per City Code, Chapter 23-5a, Request for a Certificate of Appropriateness for
ground disturbing activity in an Archeological Conservation Area.
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 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 SE
corner of SE 2 Street and South Miami Avenue.
• It is found that the subject property is located in the "Fort Dallas Park" and "Miami
North" Plats 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 (922 units at 440 units per acre) is
below the maximum 2,095 units (1,000 units per acre) on the 2.095± net acre site.
• It is found that the project has convenient access to the Metromover system at the
Third Street Station, located adjacent west of the subject property, for efficient use
of existing mass transit systems
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• 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 $328,000,000, and to
employ approximately 2,142 workers during construction (FTE-Full Time
Employees); The project will also result in the creation of approximately 907
permanent new jobs and will generate approximately $3,395,754 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 3, 2004. The student population generated by this
development is estimated at 171 students. The schools serving this area of
application are Frederick Douglas Elementary (39 students) — 125% Florida
Inventory School Houses (FISH) Capacity with the proposed project; Riverside
Elementary (40 students) — 141% FISH; Jose De Diego Middle (28 students) —
132% 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 $997,443. 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 $2,733,802.
• It is found that the proposed project was reviewed by the Design Review Committee
on November 23, 2004 and the following pertinent comments were made:
Context/Site Plan — (1) The committee appreciates the submittal of the context
plan, aerial photographs, and massing studies in order to understand the
relationship of the proposed towers to the surroundings and the adjacent Bank of
America Tower. The composition of the towers is appropriate and the project would
make an interesting contribution to the Miami skyline; (2) It is important to design a
lighting scheme for the project that will compliment the adjacent Bank of America
building, whose lighting design has become a symbol of Miami's downtown night
views. Consider materials, colors and lighting techniques and submit proposed night
renderings of the project and the adjacent Bank of America Tower; (3) The
landscape plan submitted proposes planting sod and a coco plum hedge between
the building arcade and the sidewalk along all three of the project's street frontages.
This is a suburban condition and is completely inappropriate given this project's
location within the City's pedestrian -oriented Central Business District. It is critical
that the project's ground floor plan be designed to provide active pedestrian
connections between the building and the sidewalk. Consider extending some of the
ground floor frontage of the building closer to the property setbacks. The open
plaza spaces shall be designed with hardscape and shall incorporate street furniture,
shade trees, pavilions, sculptures, fountains, etc. in order to activate these areas,
and details of these elements will need to be reviewed by the committee; (4) The
provision of internalized loading within the site, adjacent to the Metromover line and
the 1-95 off -ramp, is appropriate; (5) The property is also located within an
Archaeological Conservation Area and approval by the HEPB is required —an
archaeological management plan must be submitted for approval. Contact Sarah
Eaton, the City of Miami Preservation Officer (phone number: 305-416-1409) for
more information; Architecture — (1) The project's elevations appear to echo the
horizontal appearance of the Bank of America Tower, and propose a predominantly
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glass facade, which is appropriate. In the next submittal, please indicate proposed
materials and colors on all elevation drawings; (2) Provide elevation drawing details,
showing all of the building's elevations at the street level, at a scale no less than
1/8"=1', in order for the committee to review the building's impact on the pedestrian
realm; (3) It is important to provide an attractive design for the large garage mass on
the south side, and to incorporate the garage into the architectural language of the
project. Provide details of the proposed garage materials, and indicate how the
garage shall be designed so that vehicles and interior spaces within the garage are
completely hidden from public view; Landscaping - Provide a continuous canopy of
shade trees to provide shade for pedestrians along all of three street frontages of
the project. These shade trees shall be aligned close to the edge of the curb in the
public right of way (at no greater than 33' on center) to provide a buffer for
pedestrians from vehicular traffic. Palm trees may be utilized periodically as an
architectural accent to the architecture of the building. Consider the possibility of
relocating some of the trees within the site for this purpose. The Planning
Department's review resulted in design modifications that were then recommended
for approval to the Planning Director.
• It is found that on November 29, 2004, 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 the Large Scale Development Committee reviewed the project on
November 30, 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 December 15, 2004, which recommended
Approval (UDRB Reso. 12-15-04-5).
• It is found that the proposed project was reviewed by the Historic and Environmental
Preservation Board (HEPB) on January 4, 2005, which approved (HEPB 2005-03) 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 on March 30, 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.
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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,
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
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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
andfor 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.
11. Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) It is important to design a
lighting scheme for the project that will compliment the adjacent Bank of Amer-
ica building, whose lighting design has become a symbol of Miami's downtown
night views; (b) The suburban landscape plan submitted shall be redesigned
to provide active pedestrian connections between the building and the side-
walk. Extend some of the ground floor frontage of the building closer to the
property setbacks; (c) Provide an attractive design for the large garage mass
on the south side, and to incorporate the garage into the architectural language
of the project; (d) Provide a continuous canopy of shade trees to provide shade
for pedestrians along all of three street frontages of the project. These shade
trees shall be aligned close to the edge of the curb in the public right of way (at
no greater than 33' on center) to provide a buffer for pedestrians from vehicular
traffic. Palm trees may be utilized periodically as an architectural accent to the
architecture of the building; (e) A final landscape 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 2005-03, 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. Applicant shall pay Downtown DRI fees within thirty (30) days of the effective
date of this Development Order.
14. 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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