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MAJOR USE SPECIAL PERMIT
for
THE CHELSEA
located at approximately
1550 Biscayne Boulevard
CASE NUMBER: 2006-015
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for The Chelsea project (MU-2006-002), located at ap-
proximately 1550 Biscayne Boulevard, Miami, Florida, to construct an approximate 649-
foot, 53-story high mixed use structure to be comprised of approximately 365 total mul-
tifamily residential units with recreational amenities; approximately 79,956 square feet of
office space; approximately 5,139 square feet of retail space; approximately 4,981
square feet of restaurant space; and approximately 519 total parking spaces; providing
for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MUSP, as per City of Miami Zoning Ordinance 11000 as amended, Article 17, Sec-
tion 1701(1), for development of 365 total residential units;
MUSP, as per City of Miami Zoning Ordinance 11000 as amended, Article 17, Sec-
tion 1701(7), for parking of 511 total parking spaces;
MUSP, as per City of Miami Zoning Ordinance 11000 as amended, Article 5, Section
502, PUD districts; to increase the floor area by twenty percent (20%),for a total area
= 88,667 square feet of bonus;
MUSP, as per City of Miami Zoning Ordinance 11000 as amended, Article 17, Sec-
tion 1701(8), any increased development bonus to Article 9, Section 914 increase
the floor area by twenty five percent (25%), a development bonus of 109,060 square
feet of additional Floor Area, and to pay into Affordable Housing Trust Fund an
amount of $12.40 per square feet equal to $1,352,344.
Per City Code, Chapter 36-6, request for waiver of noise ordinance for construction
equipment for continuous pours.
The Major Use encompasses the following Special Permits:
CLASS II SPECIAL PERMITS
CLASS 11 SPECIAL PERMIT, as per Article 6, Section 606.3.1., or development of
new construction within the SD-6;
CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401, to allow construction
fence and covered walkway;
CLASS 11 SPECIAL PERMIT, as per Article 10, Section 10.6.3,6.2, for signage ap-
proval;
CLASS 11 SPECIAL PERMIT, as per Article 9, Section 908.2., for access from public
street roadway with driveway greater than twenty five (25) feet in width;
CLASS II 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;
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CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver of
City of Miami Off-street Parking Guides and Standards for reduction of required
backup parking space from 23 to 21 feet;
CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary off -
site parking during construction.
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per Determination of Use No. 20040-007 dated Sep-
tember 14, 2004, to allow temporary parking of trailers or manufactured homes used
in connection with such land development activities as temporary construction of-
fices or sales centers;
CLASS I SPECIAL PERMIT, as per Article 6, Section 606.5.2, to allow temporary
special event namely a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, temporary off-street
offsite for construction crews during construction;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.6.3.6, to allow develop-
ment signs in conjunction with construction.
REQUEST for applicable MUSP conditions to be satisfied 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 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 and commercial opportunities in the Downtown NET District,
located at the southwest corner of Biscayne Boulevard and NE 16th Street.
• It is found that the subject property is located in the "Nelson Villas" and "Biscayne
Park Addition" Plats within the Omni/PAC neighborhood of the City.
It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the property is SD-6 (Central Commercial Residential
District).
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It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Miami, Florida, the existing Future Land Use category for the property is "Restricted
Commercial".
• 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 two blocks southeast 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 the proposed project is not located within an Archeological
Conservation area.
• It is found that the proposed residential density of the project (365 units at 500 units
per acre) is at the maximum density (365 units) on the 0.73± net acre site.
• It is found that the total allowable residential floor area without bonuses for the 1.21±
gross acre site at a Floor Area Ratio (FAR) of 7.2 is 380,002 square feet. The
project as proposed is requesting bonuses of 20% PUD (76,000 sq. ft.) and 25%
Affordable Housing Trust Fund (95,000 sq. ft.) for a total proposed residential FAR
of 550,986 square feet from an allowable 551,002 square feet.
• It is found that the total allowable non-residential floor area without bonuses for the
1.21± gross acre site at a Floor Area Ratio (FAR) of 6.4 is 337,779 square feet. The
project as proposed is requesting bonuses of 20% PUD (67,556 sq. ft.) and 25%
Affordable Housing Trust Fund (84,445 sq. ft.) for a total proposed non-residential
FAR of 90,076 square feet from an allowable 489,780 square feet.
• It is found that the total allowable combined floor area without bonuses for the 1.21±
gross acre site at a Floor Area Ratio (FAR) of 8.4 is 443,335 square feet. The
project as proposed is requesting bonuses of 20% PUD (88,667 sq. ft.) and 25%
Affordable Housing Trust Fund (109,060 sq. ft.) for a total proposed combined FAR
of 641,062 square feet from an allowable 642,836 square feet.
• Pursuant to Article 9, Section 914, the proposed project is requesting a development
bonus of 109,060 square feet of additional floor area, and shall pay into the
Affordable Housing Trust Fund at amount of $12.40 per square foot = $1,352,344.
• It is found that the project is expected to cost approximately $513,988,789, and to
employ approximately 483 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 17 permanent new jobs
(FTE) and will generate approximately $2,665,851 annually in tax revenues to the
City (2005 dollars).
• It is found that on November 16, 2005, the City of Miami Public Works Department
provided a review of the project and commented that the following street
improvements shall be required: (a) NE 16th Street - Construct new sidewalk, curb
and gutter to the property line and grade on the south side of the street adjacent to
the project site. Replace all damaged sidewalk, curb and gutter on the remainder of
the street and mill and resurface the entire width curb to curb, between NE 2nd
Avenue and Biscayne Boulevard; (b) NE 15th Terrace - Construct new sidewalk, curb
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and gutter to the property line and grade on the north side of the street adjacent to
the project site. Replace all damaged sidewalk, curb and gutter on both sides of the
street and mill and resurface the entire width, curb to curb, between NE 2nd Avenue
and Biscayne Boulevard; (c) Biscayne Boulevard — Construct new sidewalk at the
corners adjacent to the project site in order to comply with the 25 foot corner radius
dedication requirement. Coordinate with the Florida Department of Transportation
for replacement of all broken and damaged sidewalk and curb and gutter adjacent to
the project site. Please contact the City's Planning Department and the City's
CIP/Transportation Department for Burle Marx Decorative Sidewalk implementation
requirements.
• It is found that on November 28, 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. In addition, the analysis
indicates that the structure may impact the Terminal Instrument Procedures for
Departure and Approach on some of the runways at Miami International Airport
(MIA). The proposed building height requires the applicant to file with the Federal
Aviation Administration (FAA) Form 7460-1, "Notice of Proposed Construction
Alteration for Determination of Known Hazards". 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
November 30, 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 December 21, 2005, which recommended
Approval (UDRB Reso. 12-21-05-8) with conditions.
• It is found that on December 21, 2005, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #135) 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 Internal Design Review
Committee on September 27, 2005, and the following revised pertinent comments
were made on January 20, 2006 after the December 21, 2005 UDRB Meeting:
Urban Design — Reduce/eliminate the garage/loading entry points to the minimum
necessary off NE 16th Street and NE 15th Terrace. Internalize the loading turning
movement drop-off on NE 16th Street; Architecture — Provide a west elevation of
the building indicating the treatment of the garage openings; Landscaping — The
landscape spacing and placement along Biscayne Boulevard may need to be
amended as plans are developed into final design for the Biscayne Boulevard
improvements in this area. These will be provided by the City; The Planning
Department's review resulted in design modifications that were then recommended
for approval to the Planning Director.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on February 9, 2006. The student population generated by this
development is estimated at 99 students. The schools serving this area of
application are Phillis Wheatley Elementary (45 students) — 55% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Jose de Diego Middle (25
students) — 100% FISH; and Booker T. Washington Senior High (29 students)
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69% FISH. Pursuant to the interlace' agreement, none of the schools meet the
review threshold of 115%. As of April 2005, the Proposed Relief School in the area
is State School "GG-1" Land to be donated by the City of Miami (for Jose de Diego
Middle School relief with 1,241 student stations) with an Occupancy Date Funding
Year of 2006-07. 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 $648,351. Based on the State's November 2005 student station cost
factors, capital costs for the estimated additional students to be generated by the
proposed development is $1,691,770.
• It is found that with respect to all additional criteria as specified in Section 1305.2 of
Zoning Ordinance 11000, the proposal has been found to adhere to the following
Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and
Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and
Open Space; (5) Vehicular Access and Parking; (6) Screening; (7) Signage and
lighting; (8) Preservation of Natural Features; and (9) Modification of
Nonconformities.
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 PROJECT, owner re-
sponsibility, 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 Con-
tractor/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
theissuanceof-a- Temporary -Certificate of Occupancy or Certificate of Occupancy, a
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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 man-
datory 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 Attorneys Office.
8) Provide the Planning Department with a temporary construction plan that in-
cludes 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 ap-
proval 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 devel-
oped or provided, the applicant shall provide the Planning Department with all subordi-
nate Class I Special Permit plans and detailed requirements for final review and ap-
proval 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 de-
velopment order or captioned in the plans approved by it.
10) If the project is to be developed in phases, the Applicant shall submit an in-
terim plan, including a landscape plan, which addresses design details for the land oc-
cupying future phases of this Project in the event that the future phases are not devel-
oped, said plan shall include a proposed timetable and shall be subject 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 condition: 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 comments by the City of Miami Public Works Department, the
following street improvements shall be required of the applicant: (a) NE 161h Street -
Construct new sidewalk, curb and gutter to the property line and grade on the south side
of the street adjacent to the project site. Replace all damaged sidewalk, curb and gutter
on the remainder of the street and mill and resurface the entire width curb to curb, be-
tween NE 2nd Avenue and Biscayne Boulevard; (b) NE 15th Terrace - Construct new
sidewalk, curb and gutter to the property line and grade on the north side of the street
adjacent to the project site. Replace all damaged sidewalk, curb and gutter on both
sides of the street and mill and resurface the entire width, curb to curb, between NE 2nd
Avenue and Biscayne Boulevard; (c) Biscayne Boulevard — Construct new sidewalk at
the corners adjacent to the project site in order to comply with the 25 foot corner radius
dedication requirement. Coordinate with the Florida Department of Transportation for
replacement of all broken and damaged sidewalk and curb and gutter adjacent to the
project site. Please contact the City's Planning Department and the City's
ClP/Transportation Department for Burle Marx Decorative Sidewalk implementation re-
quirements.
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13) A development bonus to permit a mixed use of 109,060 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $1,352,344.
14) Within 90 days of the effective date of this Development Order, record a
certified copy of the ❑evelopment 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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