HomeMy WebLinkAboutAnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
2121 Biscayne
located at approximately
2121 Biscayne Boulevard
LEGISTAR FILE ID: 06-00612mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the 2121 Biscayne project (MU-2006-015), located at
approximately 2121 Biscayne Boulevard, Miami, Florida, has been reviewed to allow a
Major Use Special Permit per Articles 5, 9, 13 and 17, to construct an approximate 222-
foot, 16-story high residential structure to be comprised of approximately 147 total multi-
family residential units with recreational amenities; approximately 46,400 square feet of
office space; approximately 6,682 square feet of retail space; and approximately 376
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 Article 17, Section 1701, Definition (9) and Article 5, Sect. 502, PUD
districts; minimum area, maximum densities and maximum floor area ratios permit-
ted (a) (b), to allow up to 20% increase of floor area ratio, for an increase of ap-
proximately 23,794 square feet of floor area;
MUSP, as per Article 17, Section 1701. Definition (8) and Article 9, Section 914,
Sub -Section 914.1 Dwelling unit, square footage, and off-street parking bonuses for
contribution to Affordable Housing Trust Fund; exceptions, to allow an increase up to
twenty (25) percent of additional floor area as a development bonus of approxi-
mately 29,743 square feet, the user shall make a non-refundable bonus developer
contribution of an amount of $368,808 to the Affordable Housing Trust Fund admin-
istered by the City of Miami;
The Major Use Special Permit encompasses the following Special Permits and Re-
quests:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 9, Section 908, Sub -Section 908.2, Ac-
cess, to allow driveways of width greater than 25 feet in this case a driveway width of
37 feet 0 inches;
CLASS II SPECIAL PERMIT, as per Article 9, Section 922.4, Sub -Section 922.4(c),
Special permits required for proposed offstreet loading facilities or for substantial
modification of existing facilities, to allow maneuvering of trucks on public rights of -
way;
CLASS II SPECIAL PERMIT, as per Article 9, Section 927. Temporary structures,
occupancies, and uses during construction, criteria for special permits, to allow tem-
porary structures, occupancies, and uses reasonably necessary for construction
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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. Tem-
porary 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 groundbreaking ceremonies;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918, Sub -Section 918.2. Tem-
porary off-street offsite parking for construction crews, criteria, to allow temporary
off-street offsite parking for construction crews working on a 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, trail-
ers or manufactured homes, when authorized for security or other purposes in con-
nection 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 10.5.3, Sub -Section
10.5.3.4(3). C-1 Restricted Commercial — Sign Regulations, to allow temporary signs
for development;
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 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
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(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 Wynwood/Edgewater NET
District, located at the northeast corner of Biscayne Boulevard and NE 21 Street.
• It is found that the subject property is located in the "Bayonne Subdivision" Plat
within the Edgewater 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 C-1 (Restricted Commercial) with SD-
20 (Edgewater Overlay District) and SD-20.1 (Biscayne Boulevard Edgewater
Overlay District).
• 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 proposed project is located in FEMA Flood Zone "AE 9".
• It is found that the proposed residential density of the project (147 units at 150 units
per acre) is at the maximum density of 150 units on the 0.98± net acre site.
• It is found that the total allowable combined floor area without bonuses for the 1.37±
gross acre site at a Floor Area Ratio (FAR) of 1.72 (C-1) and 0.28 (SD-20/20.1) is
118,970 square feet. The project as proposed is requesting bonuses of 20% PUD
(23,794 sq. ft.) and 25% Affordable Housing Trust Fund (29,743 sq. ft.) for a total
proposed FAR of 170,566 square feet from an allowable 172,507 square feet
• It is found that pursuant to Article 9, Section 914.1, the proposed project is
requesting a development bonus of 29,743 square feet of additional floor area, and
shall make a non-refundable bonus developer contribution to the Affordable Housing
Trust Fund at amount of $12.40 per square foot for a total of $368,808.
• It is found that the project is expected to cost approximately $47,500,000, and to
employ approximately 288 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 232 permanent new jobs
(FTE) and will generate approximately $508,621 annually in tax revenues to the City
(2006 dollars).
• It is found that on January 23, 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 at that location. In addition, the
analysis indicates that the structure may impact the Terminal Instrument Procedures
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(TERPS) 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 Miami -Dade Public Schools provided a prelirninary review of the
proposed project on January 23, 2006. The student population generated by this
development is estimated at 40 students. The schools serving this area of
application are Phillis Wheatley Elementary (18 students) — 51% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Jose de Diego Middle (10
students) — 99% FISH; and Booker T. Washington Senior High (12 students) — 69%
FISH. Pursuant to the interlocal agreement, none of the schools meet the review
threshold of 115%.
• It is found that on January 25, 2006, 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 21 Street — Construct new concrete
sidewalk, curb and gutter along the 25 foot required corner radius. Replace all
broken and damaged sidewalks, curb and gutter on both sides of the street adjacent
to the project site. Mill and resurface the entire width, curb to curb, adjacent to the
project site. Coordinate improvements with the "Paramount" development; (b)
Biscayne Boulevard - Construct new sidewalk at the corner with NE 21 Street 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
any Burle Marx Decorative Sidewalk implementation requirements.
• 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 for design appropriateness by the
Urban Development Review Board on March 15, 2006, which recommended
Approval (UDRB Reso. 3-15-06-2) with conditions.
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on December 13, 2005, and the following revised pertinent comments
were made after the March 15, 2006 UDRB Meeting: Materials — (a) The
department is concerned that the actual appearance of the proposed elevations may
not be consistent with the materials, colors and perception when built. Please refine
the elevations, perspectives, and plans to match the detailed materials given. We
generally agree that the building facades, materials and colors create a positive
composition; (b) Adding a louvered treatment to the north and south facades is
unacceptable. These facades are viewed from Biscayne Boulevard and N.E. 21st
Street. Replace the louvers with glass to match the other areas of the building
continuing the patterns presented; (c) The committee suggests that the aluminum
vertical fins and awnings be expressed in their natural material and color to add
interest and variety in the building's textures and colors. The current design has
been greatly improved since the October submittal. The introduction of blue-green
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glass panels, painted white louvers (acceptable on the rear facade), glass on the
north and south facades and aluminum fins/ awnings compliment the white stucco.
Parking Garage - We appreciate the new garage facade's attempt to blend with the
residential units. Extend the blue-green spandrel glass panels through the garage
structure as shown in the liner facades instead of painting the stucco; Loading -
Verify loading with the City of Miami Public Works Department; Landscape/
Streetscape - The October 2005 submittal showed additional significant
landscaping (a) Coordinate with FDOT regarding the new street, sidewalk and right-
of-way elevations along Biscayne Boulevard; (b) Landscaping in the right-of-way
requires a FDOT permit. Coordinate the proposed landscape with the proposed
FDOT project; (c) Additional street trees shall be provided along N.E. 21st Street; (d)
Integrate additional variable height plantings and species around the perimeter
plantings on the north and east sides; (e) The front half of the northern facade has
no landscaping; (f) The finish ground floor elevation shall not be greater than 30"
above the sidewalk allowing the existing public -private space interaction without the
use of a railing; (g) Add the landscape vines on the lattice structure on the northern
elevation similar to the southern elevation. The Planning Department's review
resulted in design modifications that were then recommended for approval to the
Planning Director.
• It is found that on March 10, 2006, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #152) 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 1305.2 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
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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 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 conditions: (a) Replace the louvered treatment on the
north and south facades with glass to match the other areas of the building continuing
the patterns presented; (b) The aluminum vertical fins and awnings shall be expressed
in their natural material and color (not painted) to add interest and variety in the build-
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ing's textures and colors; (c) Extend the blue-green spandrel glass panels through the
garage structure as shown in the liner facades instead of painting the stucco; (d) Addi-
tional street trees shall be provided along N.E. 21st Street; (e) Integrate additional vari-
able height plantings and species around the perimeter plantings on the north and east
sides to provide more shade trees; (f) Landscaping shall be required on the front half of
the northern facade; (g) Add the landscape vines on the metal lattice structure on the
northern elevation similar to the southern elevation; (h) 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 21 Street —
Construct new concrete sidewalk, curb and gutter along the 25 foot required corner ra-
dius. Replace all broken and damaged sidewalks, curb and gutter on both sides of the
street adjacent to the project site. Mill and resurface the entire width, curb to curb, adja-
cent to the project site. Coordinate improvements with the "Paramount" development;
(b) Biscayne Boulevard - Construct new sidewalk at the corner with NE 21 Street in or-
der to comply with the 25 foot corner radius dedication requirement. Coordinate with the
Florida Department of Transportation for replacement of all broken and damaged side-
walk and curb and gutter adjacent to the project site. Please contact the City's Planning
Department and the City's CIP/Transportation Department for any Burle Marx Decora-
tive Sidewalk implementation requirements.
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 23, 2006.
14) A development bonus to permit a mixed use of 29,743 square feet of floor
area shall require a non-refundable payment to the Affordable Housing Trust Fund of an
amount of $12.40 per square foot for a total of $368,808.
15) 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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