HomeMy WebLinkAboutCC AnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
City Square Residential
located at approximately
1401 Biscayne Boulevard, 360 NE 14th Terrace, and 1410-1420 North Bayshore Drive
LEGISTAR FILE ID. 06-01054mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the City Square Residential project (MU-2006-022),
located at approximately 1401 Biscayne Boulevard, 360 NE 14th Terrace, and 1410-
1420 North Bayshore Drive, Miami, Florida, has been reviewed to allow a Major Use
Special Permit per Articles 13 and 17, to construct two approximate 623-foot, 60 story
high mixed use towers to be comprised of approximately 942 total multifamily residential
units with recreational amenities; approximately 13,566 square feet of retail space; and
approximately 1,684 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 (1),
for residential development involving in excess of two hundred (200) units;
MAJOR USE SPECIAL PERMIT, as per Article 17. Section 1701, Definition (7),
to allow any single use or combination of uses requiring or proposing to provide
in excess of five hundred (500) off-street parking spaces;
This Major Use Special Permit encompasses the following Special Permits and
Requests:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 6, Section 606.3.1, to allow erection
a new building in SD-6 Central Commercial -Residential district;
CLASS II SPECIAL PERMIT, as per Article 6, Section 606, Sub -Section 606.8.3
Open space and residential recreational space, to allow residential recreational
space conforming to "The City of Miami Design Guides and Standards for Open
Space and Residential Recreational Space";
CLASS II SPECIAL PERMIT, as per Article 9, Section 907.2 Open Space and
Green Space requirements; modifications as to location by Special Permit with
contribution to trust fund, Sub -Section 907.2.2.1, Open Space requirements for
all zoning districts shall be provided as set forth within this ordinance except as
follows, to allow approximately 5,208 SF of Open Space area required to be re-
located or waived by making a non-refundable developer contribution of $ 50.00
per square foot of approximately $ 260,400.00 to the Parks and Open Space
Trust Fund administered by the City of Miami as set forth in Chapter 62 of the
City Code, as amended,.
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CLASS I SPECIAL PERMITS
CLASS I 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 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 ceremonies;
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.
Temporary off-street offsite parking for construction crews, criteria, to allow tem-
porary 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 (3) SD-6 Central Commercial -Residential District to allow temporary de-
velopment sign;
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 13 and 17 of Zoning Ordinance 11000, approval of the
requested Major Use Special Permit shall be considered sufficient for the subordinate
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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 commercial opportunities in the Downtown NET District, located at the
southwest corner of Biscayne Boulevard and NE 14`h Terrace.
• It is found that the subject property is located in the "Nelson Villa" "Garden of Eden",
The Causeway Fill", "Knight-Ridder #1", and "Pershing Court" 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).
• 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 adjacent north 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 located on a portion of the site of the proposed project is the historic
Art Deco style Shrine Building (pictured below), at 1401-1417 Biscayne Boulevard
which was built in 1930. It was designated as a historic site by the City of Miami
(HEPB 2003-64) on October 21, 2003. The structure, also known as the Boulevard
Shops, is not part of the construction of the proposed project and is being preserved
and maintained in its current location.
• It is found that the proposed residential density of the project (942 units at 498 units
per acre) is near the maximum 945 units (500 units per acre) on the 1.891± net acre
site.
• It is found that the total allowable combined floor area without bonuses for the 3.01±
gross acre site at a Floor Area Ratio (FAR) of 8.4 is 1,099,459 square feet. The
project as proposed is not requesting any bonuses and consists of a total FAR of
893,707 square feet (853,101 sq. ft. residential, 13,566 sq. ft. proposed retail, and
27,040 sq. ft. of existing retail at the Boulevard Shops building).
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The Shrine Building
1401-1417 Biscayne Boulevard
2002
• It is found that the maximum height of the proposed structure is approximately 620
feet. Pursuant to Article 6, Section 606.9, there are no height limits in the proposed
SD-6 zoning district.
It is found that the proposed total number of parking spaces (approximately 1,684)
for the project is above the required number of 981 parking spaces.
• It is found that the proposed open space for the project (37,649 square feet) is
above the minimum required open space (29,410 square feet at 10% GLA) for this
project.
• It is found that the proposed urban plaza space for the project (6,290 square feet) is
below the minimum required urban plaza space (6,545 square feet at 5% GLA) for
this project.
• It is found that the project is expected to cost approximately $336,700,000, and to
employ approximately 2,615 workers during construction (FTE-Full Time
Employees); The project will also result in the creation of approximately 80
permanent new jobs (FTE) for building operations and will generate approximately
$4,215,348 annually in tax revenues to the City (2006 dollars).
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• It is found that on April 18, 2006, the City of Miami Public Works Department
provided a review of the project and commented the following street improvements
shall be required: (a) NE 14`h Street — Construct sidewalk, curb and gutter on the
north side of the street adjacent to the project site. Pavement restoration shall be
coordinated with the improvements under construction at the Performing Arts Center
complex; (b) NE 14th Terrace - Construct sidewalk, curb and gutter on the south side
of the terrace adjacent to the project site. Replace all damaged curb and gutter on
the north side of the terrace. Mill and resurface the entire width, curb to curb, of NE
14th Terrace between North Bayshore Drive and Biscayne Boulevard; (c) North
Bayshore Drive - Replace damaged sidewalk, curb and gutter on the west side of
the drive adjacent to the project site, Replace damaged median curb adjacent to the
project site. Mill and resurface the south bound pavement lanes, full width, between
NE 14th Street and NE 15th Street; (d) Coordinate replacement of any damaged
sidewalk, curb and gutter with the Florida Department of Transportation. Verify with
the City's Capital Improvements/Transportation Office if additional decorative
sidewalk improvements are required on the east side of Biscayne Boulevard
adjacent to the project site.
• It is found that on April 18, 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
(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 preliminary review of the
proposed project on April 21, 2006. The student population generated by this
development is estimated at 266 students. The schools serving this area of
application are Phillis Wheatley Elementary (122 students) — 67% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Jose De Diego Middle
(67 students) — 104% FISH; and Booker T. Washington Senior High (77 students) —
71% FISH. Pursuant to the interlocal agreement, none of the schools meet the
review threshold of 115%.
• it is found that the proposed project was reviewed by the Internal Design Review
Committee on May 9, 2006, and the following revised pertinent comments were
made: Signage — (a) Confirm the use of the large-scale advertisement panels with
the Zoning Department; (b) The proposed Commercial Panels on the North and East
elevations of the building are out of scale with the context and are inappropriate.
The precedent example (sheet A-3.08) depicts a panel that is around 20' high and
has a powerful impact on the pedestrian realm. The proposed panels in this project,
however, will be nearly 90' high will have an impact on the pedestrian realm that is
inappropriate. Reduce the size of these panels to be more in keeping with the
human scale; (c) The retail signage for the first floor (sheet A-3.05) is nearly a story
high and is unacceptable. Reduce the size of this signage to be more in keeping
with the pedestrian scale. Meet with the zoning department to confirm the size of
this signage; Parking Garage — (a) If internal loading is not possible, consider
articulating the "staging area" as a public plaza, with continuous pavers and
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removable bollards to buffer pedestrians from traffic during the day. All loading and
staging activities should be carried out at night so that these two uses will not
conflict; (b) The proposed seventeen -story parking garage, which provides 300
parking spaces over the minimum required, in addition to 300 tandem spaces, is too
bulky and has a negative impact on both the physical environment and the traffic
flow in the Entertainment District. The city envisions the Entertainment District as an
area of active street life, mixed -use, and ultimately less emphasis on the car. In light
of this vision, reduce parking to the minimum required for this site, or provide
underground parking, as in the City Square portion of this project; (c) Provide
sightline diagrams indicating how much of the west facade of the parking garage will
be visible from Biscayne Boulevard above the Boulevard Shops; (d) The west and
north facades of the parking garage consist of fifteen stories of unarticulated metal
mesh and grille and are unacceptable. Continue to develop these facades,
introducing human scale elements and a wider variety of materials, so that the mass
of the parking garage is less dominant over the pedestrian realm; Landscape — (a)
All landscaping and streetscaping must conform to the Performing Arts Center and
the Omni streetscape guidelines, and should reflect the existing streetscape
improvements that are located in the right of way. The proposal to match the
pavings of the Performing Arts Center is unacceptable. Please consult Mr. Frank
Rollason (305) 679-6800, for more information; (b) The committee does not
recommend the use of Black Olives as shade trees in the public right of way. These
trees release tannins that will stain the concrete pavers of the sidewalk. The
Planning Department's review resulted in design modifications that were then
recommended for approval to the Planning Director.
• It is found that the Large Scale Development Committee reviewed the project on
May 10, 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 May 17, 2006, which recommended Approval
(UDRB Reso. 5-17-06-6) with conditions.
• It is found that on June 7, 2006, the City's Traffic Consultant, URS Corp., provided a
review (W.O. #156) 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.
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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
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.
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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) The proposed facade treatment of
commercial panels, etc. shall be developed and refined to provide a more proper human
scale and all of which shall be reduced in size and scale, and articulation (b) Confirm
the use and size of large-scale advertisement panels with the Zoning Department; (c) If
internal loading is not possible, the "staging area" shall be articulated as a public plaza,
with continuous pavers and removable bollards to buffer pedestrians from traffic during
the day; (d) All loading and staging activities shall be carried out at night so that these
two uses will not conflict; (e) Reduce the proposed seventeen -story parking garage to
the minimum required for this site, or provide underground parking, as in the City
Square Retail portion of this project; (f) Provide sightline diagrams indicating how much
of the west facade of the parking garage will be visible from Biscayne Boulevard above
the Boulevard Shops; (g) Revise the west and north facades, introducing human scale
elements and a wider variety of materials, so that the mass of the parking garage is less
dominant over the pedestrian realm; (h) An landscaping and streetscaping shall conform
to the Performing Arts Center and the Omni streetscape guidelines, and should reflect
the existing streetscape improvements that are located in the right of way; (i) Remove
the proposal to match the pavings of the Performing Arts Center; (j) Replace the Black
Olives trees proposed to be used as shade trees in the public right of way with another
species; (k) A final landscape plan shall be submitted for review and approval of the
Planning Director prior to the issuance of a building permit; (1) The proposed urban plaza
space provided for the project shall be reconfigured to at least the minimum required per
Sections 606.8.3.1 and 606.4.1.1.; (m) Conditions "a" thru "I" shall require that the re-
vised plans be submitted for review and approval of the Planning Director demonstrating
compliance with the above conditions 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: (a) NE 14th Street — Construct sidewalk,
curb and gutter on the north side of the street adjacent to the project site. Pavement
restoration shall be coordinated with the improvements under construction at the
Performing Arts Center complex; (b) NE 14th Terrace - Construct sidewalk, curb and
gutter on the south side of the terrace adjacent to the project site. Replace all damaged
curb and gutter on the north side of the terrace. Mill and resurface the entire width, curb
to curb, of NE 14th Terrace between North Bayshore Drive and Biscayne Boulevard; (c)
North Bayshore Drive - Replace damaged sidewalk, curb and gutter on the west side of
the drive adjacent to the project site. Replace damaged median curb adjacent to the
project site. Mill and resurface the south bound pavement lanes, full width, between NE
14th Street and NE 15th Street; (d) Coordinate replacement of any damaged sidewalk,
curb and gutter with the Florida Department of Transportation. Verify with the City's
Capital Improvements/Transportation Office if additional decorative sidewalk
improvements are required on the east side of Biscayne Boulevard adjacent to the
project site.
13) Pursuant to comments by the City of Miami Transportation Department, the
following conditions shall be required of the applicant: (a) For the proposed traffic signal
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at NE 14th Terrace/North Bayshore Drive intersection, the applicant shall contact the ap-
propriate local agencies to secure the formal approval and that the approval document
shall be submitted to the City staff for review prior to tendering the project to the Plan-
ning Advisory Board; (b) Applicant shall submit the relevant document showing the
hours of operation and circulation of the delivery and service trucks of the Miami Herald
printing facility around the project vicinity.
14) 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 April 18, 2006.
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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