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HomeMy WebLinkAboutAnalysisANALYSIS MAJOR USE SPECIAL PERMIT for 1650 BISCAYNE BOULEVARD located at approximately 1650 Biscayne Boulevard; 233-35, 240, 243 and 249 NE 16 Street; and 220 and 240 NE 17 Street CASE NO. 2005-057 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the 1650 Biscayne Boulevard project (MU-2005-018) has been reviewed to allow a Major Use Special Permit per Articles 13 and 17, located at approximately 1650 Biscayne Boulevard; 233-35, 240, 243 and 249 NE 16 Street; and 220 and 240 NE 17 Street, Miami, Florida, to construct a mixed use development with three buildings ranging in height from approximately 140 feet to 600 feet to be comprised of approximately 824 total multifamily residential units with recreational amenities; approximately 49,020 square feet of office space; approximately 53,720 square feet of retail space; and approximately 1,174 total parking spaces. This Permit also includes the following requests: MAJOR USE SPECIAL PERMITS MUSP, as per Article 17 for development of 824 residential units; MUSP, as per Article 17 for parking of approximately 1,036 parking spaces; Per City Code, Chapter 36, construction equipment request for waiver of noise ordinance while under construction for continuous pours. The Major Use encompasses the following Special Permits: CLASS II PERMITS CLASS II SPECIAL PERMIT, as per Article 6, Section 606 for development of new construction within the SD-6.1 Districts; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow a 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 II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2 a request to reduce one of the 6 required loading berths from 12 x 55 to request two 12 x 35. CLASS I PERMITS 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 917.1.2 to permit valet parking; Page 1 of 7 CLASS I 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 I SPECIAL PERMIT, as per Article 9, Section 904, 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. 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 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 17 Street and Biscayne Boulevard. • It is found that the subject property is located in the "Rice and Sullivan" and "Biscayne Park" Plats within the Media Art Entertainment neighborhood of the City. • It is found that the proposed residential density of the project (1,034,165 square feet at 6.7 times the Gross Lot Area) is below the maximum 7.2 times GLA (1,110,420 square feet) on the 3.54± gross acre site. • It is found that the proposed project is located along a Primary Pedestrian Pathway. • It is found that the project has convenient access to the Metromover system at the Omni station, located approximately one block south of the subject property, with connections to the Metrorail and Tri-Rail systems, for efficient use of existing mass transit systems. Page 2 of 7 • It is found that the project is expected to cost approximately $290,000,000, and to employ approximately 2,180 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 360 permanent new jobs (FTE) and will generate approximately $3,530,115 annually in tax revenues to the City (2005 dollars). • It is found that the proposed project was reviewed by the Internal Design Review Committee on March 15, 2005 and the following pertinent comments were made: Context - The following comments are being made in an effort to develop projects to their highest potential and make a significant contribution to improving the quality of our built environment with great architecture and urban design: - The following comment reflects the information discussed in a meeting between the applicant and the committee on 3/22/05: If the Public Works Department requires an additional 12'-6" dedication on the south side of the property along NE 16th St., the committee understands that this would make the provision of ground floor retail space on the south side of the loading bays on NE 16th St. infeasible. In this case, consider providing enclosed retail display areas with clear glass, approximately 5' in depth. This will continue the pattern of ground floor retail spaces from the other street frontages, and will allow stores within the building to display their products; Submittal - The committee appreciates the submittal of this proposal during the early stage of design development, and the inclusion of design sketches and massing models indicating the design intent for the site; Urban Design - The committee would like to commend the urban design characteristic of this proposal. The development incorporates many of the planning ideas recommended by the Planning Department, including: (a) The provision of an active urban plaza on Biscayne Boulevard; (b) The location of all vehicular dropoff and service functions within the building, with minimal curb cut widths; (c) The provision of active retail space on all four street frontages of the project; (d) The provision of active live/work, residential and office space lining the entire garage height on all four street frontages; (e) The massing of the west side of the building responds to the scale of the historic 4-story building adjacent to the proposal; Architecture - The proposal exhibits an interesting variety of architectural forms and provides a good amount of transparency through windows, balconies and terraces. As the floor plans become more developed, please submit floor plans which correspond to the architectural massing shown in the tower elevations and renderings; Pedestrian Realm - The location of the retail spaces at the same height as the sidewalk and plaza level is appropriate, and the committee appreciates the street level elevation details, which reveal a large amount of glass and transparency to allow for visual connection between the public space and the retail areas; In order to enhance the pedestrian character of the site, 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; Landscaping — (a) Submit a landscape plan that specifies the species (common and botanical names), sizes (height x spread and/or container size) at time of planting, quantities, and proposed locations of all plant materials, existing and proposed. The landscape plan shall include planting details and planting specifications. Additional landscape comments will be provided upon review of this plan; (b) The provision of shade trees placed between the royal palm trees in the Biscayne Boulevard sidewalk right-of-way, is appropriate in order to Page 3 of 7 provide shade for pedestrians. The location of shade trees close to the edge of the curb on the other three street frontages is appropriate in order to provide shade for pedestrians and serve as a buffer between vehicles and pedestrian areas; DRI - Please note that the project is located within the downtown DRI district; the Planning Department can inform you as to the requirements which the project must comply with as a result of its location within this boundary; The Planning Department's review resulted in design modifications that were then recommended for approval to the Planning Director. • It is found that on April 4, 2005, the Miami -Dade Aviation Department provided a Height Analysis review of the proposed project and found that it conforms to the Miami -Dade County Height Zoning Ordinances. The proposed building height requires the applicant to file with the Federal Aviation Administration (FAA) Form 7460-1. In addition, construction cranes for this project exceeding 200 feet in height must be filed using the same form. • It is found that the Large Scale Development Committee reviewed the project on April 6, 2005 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 April 20, which recommended Approval (UDRB Reso. 4-20-05-2). • It is found that on April 27, 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 on May 5, 2005, the City of Miami Public Works Department provided a revised review of the project subject to the following conditions: (a) Subject to City Commission approval of the adjustment of the zoned street width (base building line) for NE 16 Street; (b) Subject to the required granting by the owner of a 3-foot wide easement north of and adjacent to the adjusted NE 16 Street base building line for public sidewalk purposes; (c) Subject to the installation and maintenance by the owner of landscaping, including trees or palms, between the north side of the side- walk easement and the face of the proposed structure; (d) Subject to other good and valuable contributions to the City's landscaping program administered by the Public Works Department. • It is found that on June 9, 2005, the applicant proffered the amount of one hundred thousand dollars ($100,000) to be used in the preparation of the designation report for the historic building adjacent to the project in order to preserve it and/or any re- quired street enhancements in the vicinity of the project. • It is found that at the June 29, 2005 Planning Advisory Board meeting, an additional condition was provided by the City of Miami Public Works Department that the Dis- tribution of the $100,000 proffer (less $3,600 for Historic Preservation), shall go to- ward a Capital Improvement Projects (CIP) project in the surrounding area in coordi- nation with Public Works and CIP. • It is found that Miami -Dade Public Schools provided a revised review of the proposed project on June 19, 2005. The student population generated by this Page 4 of 7 development is estimated at 222 students. The schools serving this area of application are Phillis Wheatley Elementary (102 students) — 74% Florida Inventory School Houses (FISH) Capacity with the proposed project; Jose De Diego Middle (56 students) — 118% FISH; and Booker T. Washington Senior High (64 students) - 60% FISH. Pursuant to the interlocal agreement, only Jose de Diego Middle School meets the review threshold of 115%. At an average of $6,549 per K-12 student, the total annual operating cost for the additional students residing in this development, if approved, would total $1,453,878. Based on the State's June 2005 student station cost factors, capital costs for the estimated additional students to be generated by the proposed development is $3,570,202. • 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, Page 5 of 7 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 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) 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; and (c) A final landscape plan shall be submitted for review and approval of the Planning Director prior to the issuance of a building permit. 12. The City Commission approval of the attached proffer by the applicant of one hundred thousand dollars ($100,000) to be used in the preparation of the des- ignation report for the historic building adjacent to the project in order to pre- serve it and/or any required street enhancements in the vicinity of the project. Page 6 of 7 13. Pursuant to comments received from the City of Miami Public Works Depart- ment, the applicant shall meet the following conditions: (a) Subject to City Commission approval of the adjustment of the zoned street width (base build- ing line) for NE 16 Street; (b) Subject to the required granting by the owner of a 3-foot wide easement north of and adjacent to the adjusted NE 16 Street base building line for public sidewalk purposes; (c) Subject to the installation and maintenance by the owner of landscaping, including trees or palms, between the north side of the sidewalk easement and the face of the proposed struc- ture; (d) Subject to other good and valuable contributions to the City's land- scaping program administered by the Public Works Department (see condition 12 above); and (e) Distribution of the $100,000 proffer (less $3,600 for Historic Preservation), shall go toward a Capital Improvement Projects (CIP) project in the surrounding area in coordination with Public Works and CIP. 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. Page 7 of 7