HomeMy WebLinkAboutCC AnalysisANALYSIS
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
for
HOTEL DE L'OPERA
located at approximately
1771 NE 4th Avenue
LEGISTAR FILE ID: 06-00380mm
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for The Hotel de I'Opera project (MU-2006-008) has been
reviewed to allow a Substantial Modification to a Major Use Special Permit, Resolution
01-0199, pursuant to Articles 13, 17 and 22 of Zoning Ordinance No. 11000, as
amended, located at approximately 1771 NE 4th Avenue, Miami, Florida, to allow the
modification of the previously approved Miramar Centre Phase II and III, to construct an
approximate 400-foot, 34-story high mixed use structure to be comprised of approxi-
mately 350 hotel rooms, approximately 44,606 square feet of Class A office space, ap-
proximately 5,886 square feet of retail space, and approximately 309 total parking
spaces.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition
(2), to allow Nonresidential uses involving in excess of two hundred thousand
(200,000) square feet of floor area;
The Substantial Amendment to the Major Use Special Permit encompasses the
following Special Permits and the additional requests:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 606.3, Class II Special
Permit, to allow erection of any new building in SD-6 district;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 923, Sub -Section
923.2, Sub -Section 923.2.1. Reduction in stall dimensions by Class II Special
Permit; criteria and limitations on reductions, to allow reduction of three (3) load-
ing berth dimensions as follows;
Phase II
Required Four (4) 12 feet wide x 35 feet long x 15 feet high
One (1) 12 feet wide x 55 foot long x 15 feet high
Provided Two (2) 12 feet wide x 55 feet long x 15 feet high
Reminder to be relocated in
Phase III One (1) 12 feet wide x 55 foot long x 15 feet high *
Phase III (Substantial Amendment)
Required Four (4) 12 feet wide x 35 feet long x 15 feet high
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Proposed One (1) 12 feet wide x 55 feet long x 15 feet high *
One (1) 12 feet wide x 35 foot long x 15 feet high
Six (6) 10 feet wide x 20 feet long x 15 feet high
CLASS 11 SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary struc-
tures, occupancies, and uses during construction, criteria for special permits, to
allow temporary structures, occupancies, and uses reasonably necessary for
construction such as construction fence, covered walkway and if encroaching
public property must be approved by other city departments;
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub -Section
906.9. Temporary special events; special permits; criteria, to allow temporary
carnival, festival, fair or similar type event on privately owned or City -owned land
such as a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub -Section
916.2.1. Temporary special event parking, to allow parking for temporary special
event such as ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section
918.2. Temporary off-street offsite parking for construction crews, criteria, to al-
low temporary off-street offsite parking for construction crews working on a
commercial -residential project under construction;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub -Section
920.1.2. Limitations on occupancy of mobile homes, to allow parking of mobile
homes, trailers or manufactured homes, when authorized for security or other
purposes in connection with land development such as construction trailer(s) and
other temporary construction offices such as watchman's quarters, leasing and
sales centers;
CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6, Sub -Section
10.6.3.6, SD-6 Central Commercial -Residential, Signs Regulations (3) , to allow
temporary development signs;
REQUEST, for waiver of Chapter 36 Noise, Section 36-6 Construction Equipment (a)
permitting the operation of construction equipment exceeding the sound level of a read-
ing of 0.79 weighted average dBA at any time and/or day subject to the City Manager
Exception pursuant to Section 36-6 (c) and all the applicable criteria;
REQUEST for applicable Substantial Modification of Major Use Special Permit, that the
following conditions be required at the time of issuance 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, 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
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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 project is part of the Miramar Centre, which was originally
approved by the City of Miami by covenants on September 20, 1995 and September
10, 1998, and on February 22, 2001 as part of the Miramar Centre MUSP (R-01-
0199). Phase I is the existing 368-foot, 39-story Bay Parc Plaza (471 units); Phase
II is the approved 530-foot, 56-story Opera Tower (635 units); and Phase 111 was
originally approved as a 7-story institutional use building with 92,260 sq ft. of office
and 13,200 sq ft retail & restaurant.
• It is found that this Substantial Modification to a Major Use Special Permit will allow a
change in the Phase 111 portion of the development to an approximate 400-foot, 34-
story high mixed use structure to be comprised of approximately 350 hotel rooms,
approximately 44,606 square feet of Class A office space, approximately 5,886
square feet of retail space, and approximately 309 total parking spaces.
• It is found that the proposed development project will benefit the area by creating
new residential and commercial opportunities in the Wynwood/Edgewater District,
located at northeast corner of NE 4 `' Avenue and NE 17th Terrace.
• It is found that the subject property is located in the "Miramar" Plat within the
Edgewater 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 SD-6 "Central Commercial
Residential".
• 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 not located along a Primary Pedestrian
Pathway.
• It is found that the proposed project is not located within an Archeological
Conservation area.
• It is found that the residential density of the Phase II and III (810 units at 500 units
per acre) is at the maximum density permitted (500 units per acre) on the 1.62± net
acre site. Per Section 903.4, the 350 hotel rooms are equivalent to 175 dwelling
units (hotel rooms = 0.50 of a dwelling unit).
• It is found that the total allowable combined floor area without bonuses for the 2.79±
gross acre site at a Floor Area Ratio (FAR) of 8.40 is 1,020,373 square feet. The
project as proposed has an existing 615,646 sq. ft. of FAR (585,963 residential and
110,372 non-residential) and is proposing through the Substantial Modification to the
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MUSP 265,959 sq. ft. (non residential) for a total FAR of 881,605 sq, ft. with a
remaining surplus of 138,768 sq. ft.
• It is found that the project is expected to cost approximately $215,354,768, and to
employ approximately 289 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 500 permanent new jobs
(FTE) and will generate approximately $1,108,262 annually in tax revenues to the
City (2006 dollars).
• It is found that on December 16, 2005, the City of Miami Public Works Department
provided a review of the project and commented that (1) the status and/or ownership
of the parcels identified as "park" and "plaza" on the Miramar 3`d Amended
subdivision must be determined. These out parcels are not included in the City's
official park system and are not public right of way dedicated for street purposes.
Improvements within these out parcels cannot be approved until the
ownership/jurisdiction is determined, and (2) that the following street improvements
shall be required on NE 4th Avenue — Construct new concrete sidewalk, curb and
gutter along the 25-foot required corner radius. Replace all broken sidewalk, curb
and gutter on both sides of the avenue adjacent to the project site. Mill and
resurface the entire width, curb to curb, between NE 17th Terrace and NE 18th Street.
Approval of the Public Works Director is required for the proposed street brick work
and a maintenance covenant shall be required for the non-standard improvements in
the right of way.
• It is found that on January 24, 2006, 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). Any
proposed construction exceeding 200 feet 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
February 8, 2006 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 Internal Design Review
Committee on January 24, 2006, and the following revised pertinent comments were
made on February 15, 2006 after the February 15, 2006 UDRB Meeting: Parking
Garage — (1) Replace the proposed metal louvers with an artistic glass treatment,
incorporating the proposed "lighting feature" into the design of these openings (page
A-303). It is essential that the garage openings on the south and west facades of the
garage receive exceptional treatment. This site is located in a prominent location
with terminating are defining viewsheds; (2) The use of metal louvers for garage
openings is appropriate for the northeast and southeast facades; Landscaping -
The proposed striped bands of pavers proposed thru the public sidewalks and
streets are attractive, however these items will not be in context with the remainder
of the street. Please redesign the landscape plan to include a more uniform
hardscape condition. The proposed plantings are appropriate and attractive. The
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Planning Department's review resulted in design modifications that were then
recommended for approval to the Planning Director.
It is found that on March 1, 2006, the City's Traffic Consultant, URS Corp., provided
a review (W,O. #151) 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 for design appropriateness by the
Urban Development Review Board on February 15, 2006, which recommended
Approval (UDRB Reso. 2-15-06-6).
It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on April 4, 2006. The student population generated by this
development (Phase It and III) is estimated at 172 students. The schools serving
this area of application are Phillis Wheatley Elementary (79 students) — 60% Florida
Inventory School Houses (FISH) Capacity with the proposed project; Jose de Diego
Middle (43 students) — 102% FISH; and Booker T. Washington Senior High (50
students) — 70% FISH. Pursuant to the intertocal 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" (Jose de Diego Middle School relief on land to be
donated by the City of Miami) 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 $1,126,428_ Based on the State's April 2006 student station cost factors,
capital costs for the estimated additional students to be generated by the proposed
development is $2,935,467. It is noted that this development entails a hotel only
component so in effect no students will be generated by the project.
• 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.
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 fetter 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 -
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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
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 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 Attorney's 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 Substantial Modification to a Major Use Spe-
cial 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 Plan-
ning Department with all subordinate Class 1 Special Permit plans and detailed require-
ments for final review and approval of each one prior to the issuance of any of the sub-
ordinate 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 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 phase a_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 conditions: (a) Replace the proposed metal louvers
with an artistic glass treatment, incorporating the proposed "lighting feature" into the de-
sign of these openings as illustrated on page A-303. It is essential that the garage open -
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ings on the south and west facades of the garage receive exceptional treatment. (b) The
landscape plan shall be redesigned to include a more uniform hardscape condition. The
proposed striped bands of pavers proposed thru the public sidewalks and streets are
attractive, however these items will not be in context with the remainder of the street.
12) Pursuant to comments by the City of Miami Public Works Department, the
following street improvement shall be required of the applicant on NE 4th Avenue: Con-
struct new concrete sidewalk, curb and gutter along the 25-foot required corner radius.
Replace all broken sidewalk, curb and gutter on both sides of the avenue adjacent to the
project site. Mill and resurface the entire width, curb to curb, between NE 17 h Terrace
and NE 18« Street. Approval of the Public Works Director is required for the proposed
street brick work and a maintenance covenant shall be required for the non-standard
improvements in the right of way.
13) Prior to the issuance of a building permit, the applicant shall submit a letter of
approval of the proposed height from the Miami -Dade County Aviation Department. If no
such approvals are granted, the height of the proposed project shall be reduced to those
heights referenced in the Letter from Miami -Dade Aviation to the Planning Department
dated January 24, 2006.
14) Within 90 days of the effective date of this Development Order, record a
certified 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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