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MAJOR USE SPECIAL PERMIT
for
Herald Square - Parcel 3
located at approximately
One Herald Plaza
LEGISTAR FILE ID: 06-00383mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Herald Square - Parcel 3 project (MU-2006-010),
located at approximately One Herald Plaza, Miami, Florida, has been reviewed to allow
a Major Use Special Permit per Articles 5, 13 and 17, to construct an approximate 649-
foot, 63-story high mixed use structure to be comprised of approximately 495 total multi-
family residential units with recreational amenities; approximately 96 hotel rooms; ap-
proximately 3,391 square feet of retail space; and approximately 601 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 (1), for residential development in-
volving in excess of two hundred (200) units;
MUSP, 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;
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)(c), to allow up to 20 % increase of floor area ratio, for an increase of ap-
proximately 150,647 square feet of floor area;
This Major Use Special Permit encompasses the following Special Permits and Re-
quests:
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 15, Section 1511, to allow any devel-
opment on property located between Biscayne Bay and the first dedicated right-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-
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porary 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 1 SPECIAL PERMIT, as per, Article 9, Section 906, Sub -Section 906.9.
Temporary special events; special permits; criteria, to allow temporary carnival, fes-
tival, 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 tempo-
rary 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, 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 10.6, Sub -Section 10.6.3.6
(3) SD-6 Central Commercial -Residential District to allow temporary development
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 waiver of Charter and Code, Charter and Related Laws, Section 3 Power
(f) (mm) Building and Zoning, to allow reduction of the required width of the view corri-
dor:
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, 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 residential and commercial opportunities in the Downtown NET District,
located at the southwest corner of NE 15 Street and Biscayne Bay.
• It is found that the subject property is located in the "Herald Park" plat 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 C-2 (General Commercial) and the
proposed zoning designation 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 "General
Commercial" and the proposed Future Land Use category 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 west 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 project is located in FEMA Flood Zones "AE-9" and
"AE-10".
• It is found that the proposed residential density of the project (543 units at 498 units
per acre) is within the maximum 545 units (500 units per acre) on the 1.09± net acre
site. Per Section 903.4, the 96 hotel rooms are equivalent to 48 dwelling units (hotel
rooms = 0.50 of a dwelling unit) for a total of 543 units including the proposed 495
residential units.
• It is found that the total allowable combined floor area without bonuses for the 2.05±
gross acre site at a Floor Area Ratio (FAR) of 8.4 is 753,236 square feet (645,631
sq. ft. residential and 107,605 sq. ft. non-residential). The project as proposed is
requesting a bonus of 20% PUD (150,647 sq. ft.) for a total proposed FAR of
886,121 square feet (745,990 sq. ft. residential, 136,740 sq. ft. hotel, and 3,391 sq.
ft. retail)
• It is found that the site of the proposed project (and its neighboring project on Parcel
3) is the location of the existing Miami Herald office building and printing press. With
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this application and the one for Parcel 3, the office building component will be
replaced by the proposed high-rise buildings. The 60,000 sq. ft. printing press
building is not part of either the Parcel 1 or 3 applications, and is to remain with the
40,000 square feet of office space connected to it on the south.
• It is found that the maximum height of the proposed structure is approximately 649
feet. Pursuant to Article 6, Section 606.9, there are no height limits in the proposed
SD-6 zoning district. The existing C-2 zoning district permits a maximum height of
120 feet or 10 stories, whichever is less, for structures other than broadcast towers.
• It is found that the proposed total number of parking spaces (approximately 601
including 12 Handicapped) for the project is above the required number of 536
parking spaces, including 12 Handicapped. This excess parking is not conducive to
the urban context of the area and proximity to public transportation.
• It is found that the project is expected to cost approximately $678,101,059, and to
employ approximately 515 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 25 permanent new jobs
(FTE) for building operations and will generate approximately $3,460,008 annually in
tax revenues to the City (2006 dollars).
• It is found that on December 23, 2005, the City of Miami Public Works Department
provided a review of the project and commented that (a) Re -Platting of Tract "A" of
the Herald Park Subdivision will be required to create new divisions of the tract for
Parcel 1 and Parcel 3. The plans identify the separate projects as divided by
"property lines"; and that the following street improvements shall be required: (b) NE
15 Street — Approval from the Public Works Director will be required for the
proposed change to the street cross section. At a minimum, reconstruct sidewalk,
curb and gutter and mill and resurface the entire width, curb to curb, adjacent to the
project site. Please note that the proposed relocation of the existing sidewalk, curb
and gutter and reduction of existing traffic lanes must be coordinated and approved
by Miami Dade County Public Works Department, Traffic Engineering Section; (c)
Herald Plaza — Approval from the Public Works Director will be required to change
the existing street cross section. Replace all damaged and broken sidewalk, curb
and gutter on both sides of the plaza between NE 13 and NE 15 Street.
• It is found that on January 3, 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 January 11, 2006. The student population generated by this
development is estimated at 150 students. The schools serving this area of
application are Phillis Wheatley Elementary (69 students) — 59% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Jose De Diego Middle
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(38 students) — 102% FISH; and Booker T. Washington Senior High (43 students) —
70% FISH. Pursuant to the interlocal agreement, none of the schools meet the
review threshold of 115%.
® It is found that the Large Scale Development Committee reviewed the project on
January 11, 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 January 18, 2006, which recommended
Approval (UDRB Reso. 1-18-06-8) with conditions.
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on January 31, 2006, and the following revised pertinent comments were
made after the January 18, 2006 UDRB Meeting: Architecture — A habitable liner
shall be constructed along the northern facade, 15 Street (Venetian Causeway), and
the western facade, Herald Plaza Drive (See existing conditions photo); Urban
Design - Please coordinate with the City Square project to activate Herald Plaza
Drive and retain the parallel parking; Open Space/Baywaik — (1) Revise the
Landscape plan to be consistent with the Performing Arts and Entertainment District
Master Plan and previous comments, including coordinating the street lighting and
paver surface materials with the Zyscovich streetscape guidelines. (We have
provided copies of these); (2) Incorporate pavers on a sand bed and utilize the
pervious cuts in the plaza as rain gardens reducing stormwater runoff and controlling
non -point source pollution; (3) Please revise the landscape plan to include the
existing row of Mahogany trees along NE 15 Street within the right-of-way; (4) Add a
cluster of Medjool Date Palms to accentuate the corner of NE 15 Street and Herald
Plaza Drive; (5) Include a pedestrian connection of landscape pavers across NE 15
Street connecting the Baywalk north of the Venetian Causeway; (6) Please look at
an additional layer of shrubs on the berm hiding the truck access. Additionally, vines
or some landscape should hide this wall's height from within; (7) Group the shade
trees along the tree allee adjacent to Herald Plaza Drive in planting beds with a
small sidewalk space between to access the retail space and parallel parking. (This
is coordinating a theme through the PAC area/City Square and allows parallel
parking to enter the sidewalk.); (8) Integrate a double row of palms along the
Baywalk. Provide Coconut palms within landscape planter beds with groundcover
sized to allow proper root growth as shown in the Baywalk Guides and Standards;
Parking Garage/ Liner Units — (1) As previously stated, the proposed aluminum
louvers and white stucco treatment of the unlined portions of the garage is
unacceptable. Provide habitable liner units on the 3"d — 6th levels on the currently
unlined portions facing Herald Plaza Drive and NE 15 Street (Venetian Causeway).
Show a blow-up detail of how the louvers, mesh or other breathable material can be
combined with stucco, glass, stone, aluminum or other material to create a more
architectural solution to the remaining area; (2) The parking garage has an
excessive amount of spaces. Additional spaces should be provided underground if
these are considered essential to the project. The extremely bulky nature of the
garage undercuts the principles of quality urban design. The Planning Department's
review resulted in design modifications that were then recommended for approval to
the Planning Director.
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Current Site Condition Photos:
NE corner of NW 15th
Street and Herald
Plaza Drive. The cur-
rent Knight Ridder
Parcel 3 proposal has
a 12-story louvered
garage facing this
intersection.
NW 15th Street at Bis-
cayne Bay (Venetian
Causeway) adjacent
(east) to the photo
above. The current
proposal has liner
townhouses facing the
existing structure.
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NW 15th Street land-
scape on proposed
property. Please in-
corporate these exist-
ing specimen Mahog-
any trees into the new
streetscape for the
pedestrian's shade
and defining 15th
Street as an entrance
to the City of Miami.
Gateway to Venetian
Causeway. Looking
east on N.W. 15
Street.
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View of existing right-
of-way along Herald
Plaza Drive including
2-way traffic and par-
allel parking.
View of the NE corner
of the proposed site.
Please show how the
landscape helps to
define and accentuate
this gateway while
hiding utilities and in-
viting pedestrians onto
the Baywalk.
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• It is found that on February 6, 2006, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #133) 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 Miami Zoning Board on
May 8, 2006, Item No. 2, for a Change of Zoning from C-2 "Liberal Commercial" to
SD-6 "Central Commercial -Residential", whose recommendation of DENIAL (Reso.
ZB-06-1178) passed by a vote of four to two (4-2), requiring City Commission
approval.
• 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 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
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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) Provide habitable liner units on the 3`d —
6 h levels on the currently unlined portions facing Herald Plaza Drive. The proposed alu-
minum louvers and white stucco treatment of the unlined portions of the garage is unac-
ceptable; (b) Coordinate with the City Square project to activate Herald Plaza Drive, re-
taining the parallel parking; (c) Revise the Landscape plan to be consistent with the Per-
forming Arts and Entertainment District Master Plan including coordinating the street
lighting and paver surface materials with the Zyscovich streetscape guidelines; (d) In-
corporate pavers on a sand bed and utilize the pervious cuts in the plaza as rain gar-
dens reducing stormwater runoff and controlling non -point source pollution; (e) Revise
the landscape plan to include the existing row of Mahogany trees along NE 15 Street
within the right-of-way; (f) Add a cluster of Medjool Date Palms to accentuate the corner
of NE 15 Street and Herald Plaza Drive; (g) Include a pedestrian connection of land-
scape pavers across NE 15 Street connecting the Baywalk north of the Venetian
Causeway; (h) Provide an additional layer of shrubs on the berm hiding the truck access
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and vines or some landscape should hide this wail's height from within; (i) Group the
shade trees along the tree allee adjacent to Herald Plaza Drive in planting beds with a
small sidewalk space between to access the retail space and parallel parking; (j) Inte-
grate a double row of palms along the Baywalk and a few clusters of shade trees along
the terraces and behind the remaining Herald Printing Press building to provide some
shade within the walkway segments; (k) Provided excess parking spaces shall be re-
duced due to the urban context of the project and its proximity to public transportation.
Additional parking should be provided underground if necessary if these are considered
essential to the project.
12) Pursuant to comments by the City of Miami Public Works Department, the
following conditions shall be required of the applicant: (a) Re -Platting of Tract "A" of the
Herald Park Subdivision will be required to create new divisions of the tract for Parcel 1
and Parcel 3 as the plans identify the separate projects as divided by "property lines";
and that the following street improvements shall be required: (b) NE 15 Street — Ap-
proval from the Public Works Director will be required for the proposed change to the
street cross section. At a minimum, reconstruct sidewalk, curb and gutter and mill and
resurface the entire width, curb to curb, adjacent to the project site. Please note that the
proposed relocation of the existing sidewalk, curb and gutter and reduction of existing
traffic lanes must be coordinated and approved by Miami Dade County Public Works
Department, Traffic Engineering Section; (c) Herald Plaza — Approval from the Public
Works Director will be required to change the existing street cross section. Replace all
damaged and broken sidewalk, curb and gutter on both sides of the plaza between NE
13 and NE 15 Street.
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 3, 2006.
14) That the requested accompanying applications for Land Use Change and
Change of Zoning on this property are approved by the City Commission.
15) The applicant shall record a covenant, subject to review and approval by the
city attorney, within sixty (60) days of the effective date of this resolution, which states
that in the event that this Major Use Special Permit expires or is abandoned, any future
development of the subject properties shall require design review and approval by the
Planning Director, utilizing the same criteria as the original Major Use Special Permit.
16) 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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