HomeMy WebLinkAboutIDRC Comments (7.18.06)PLANNING FACT SHEET
FILE ID: 06-00086mm
APPLICANT Adrienne F. Pardo, Esquire, on behalf of the owner 2937
Ferrari, LLC and 2915 Biscayne LLC, owners.
PAB HEARING DATE November 15, 2006
REQUEST/LOCATION
Consideration of a Substantial Modification to a Major Use
Special Permit for the Lima project (MU-2006-00086mm),
located at approximately 2919 Biscayne Blvd, 2937
Biscayne Blvd. and 330 NE 30 Street.
[Wynwood/Edgewater NET District]
COMMISSION DISTRICT 2
ZONING DISTRICT(S) C-1(Restricted Commercial) with an SD-20.1 (Edgewater
Overlay District)
SITE AREA 2.38± acres (Gross) and 1.38± acres (Net)
LEGAL DESCRIPTION See supporting documentation
PETITION
Consideration of a Resolution, approving with conditions,
a Substantial Modification to a Major Use Special Permit,
Resolution 01-0199, pursuant to Articles 5, 9, 13, 17 and
22 of Zoning Ordinance No. 11000, as amended, for the
Lima project (MU-2006-00086mm), located at
approximately 2919 Biscayne Blvd, 2937 Biscayne Blvd.
and 330 NE 30 Street, Miami, Florida, to allow the
modification of the previously approved Lima project, to
construct an approximate 490-foot, 43 story high mixed
use structure to be comprised of approximately 206
units, approximately 32,731 square feet of retail and
office space, and approximately 402 total parking
spaces; providing for certain floor area ratio ("FAR")
bonuses.
PLANNING
RECOMMENDATION Approval with conditions
BACKGROUND AND
ANALYSIS See supporting documentation
PLANNING ADVISORY BOARD Item #1 VOTE:
CITY COMMISSION
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500
Date Printed: 11/6/2006 Page 1
ANALYSIS
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
for
LIMA
located at approximately
2919 Biscayne Blvd, 2937 Biscayne Blvd. and 330 NE 30 Street
LEGISTAR FILE ID: 06-00086mm
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for The Lima project (MU-2006-00086mm) has been
reviewed to allow a Substantial Modification to a Major Use Special Permit, Resolution
06-0132, pursuant to Articles 5, 9, 13, 17 and 22 of Zoning Ordinance No. 11000, as
amended, located at approximately 2919 Biscayne Blvd, 2937 Biscayne Blvd. and 330
NE 30 Street, Miami, Florida, to allow the modification of the previously approved Lima
project, to construct an approximate 490-foot, 43-story high mixed use structure to be
comprised of approximately 32,731 square feet of commercial space, and approximately
402 total parking spaces.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701. Definition (9), and
ARTICLE 5. Section 502, PUD districts; minimum area, maximum densities and
maximum floor area ratios permitted (a)(c), to allow up to 20% increase of floor area
ratio, for an increase approximately 41,563.60 square feet of floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for a
residential development involving two hundred six (206) units;
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 620.3.1, to allow erection of a
new building in SD-20 EDGEWATER OVERLAY 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 in dimensions of two (2) loading berth
dimensions as follow:
Required: four (4) 12' wide x 35' long x 15' high
Propose to be reduced: Two (2) 12' wide x 35' long x 15' high
Propose to be provided: Two (2) 10' wide x 20' long x 15' high
Total to be proposed: Two (2) 10' wide x 20' long x 15' high
Two (2) 12' wide x 35' long x 15' high
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Sub -section 908.2, for access from a
public street roadway with driveway greater than twenty five (25) feet in width;
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 620.4, to allow for outdoor
dining and drinking establishments;
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CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Class II Special Permit
required for waived of design standard and guidelines to allow a waiver of City of Miami
Off-street Parking Guides and Standards requirement of one (1) additional foot in stall
dimension where the side of any stall abuts a wall, column, fence, building, or other
physical obstruction, to allow the minimum stall width dimension of 8'-6" from face of any
obstruction to center line of the striping for approximately (1 %) of 402 parking spaces
provided;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -Section 917.3.2
Application of City of Miami Guides & Standards to location, improvement, and
landscaping of offstreet parking facilities, to allow a surface parking spaces;
CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 927. Temporary structures,
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 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 10.5.4.3 (1)
C-1 Restricted Commercial District to allow temporary development sign;
Note: Commercial advertising shown on hearings plans are not part of this Major Use
Special Permit application for approval.
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
reading 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 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;
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- The requirement to record in the Public Records a Declaration of Covenants and/or
Restrictions providing that the ownership, operation and maintenance of all common
areas and facilities will be by the property owner and/or a mandatory property owner
association;
- And the requirement to record in the Public Records a Unity of Title or a covenant in
lieu of a Unity of Title.
Pursuant to Articles 5, 9, 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 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 with a height of
approximate 490-feet, the Planning Department has incorporated additional
comments as a result of additional technical reviews in reference to this project in
addition to the ones previously submitted comments from 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 opportunities in the Wynwood/Edgewater NET District, located
at the southeast corner of Biscayne Boulevard and NE 30th Street.
• It is found that the subject property is located in the "Broadmoor" 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 and
SD-20.1 (Biscayne Boulevard Edgewater Overlay).
• 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 with a height of approximately 490-feet is not
located along a Primary Pedestrian Pathway.
• It is found that the original project with a height of approximately 490-feet is not
located within an Archeological Conservation area.
• It is found that the residential density of the project (206 units at 149 units per acre)
is under maximum 207 units (150 units per acre) on the 1.38± net acre site.
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• It is found that the south portion of the property is the location of the existing 3-story,
40,580 square foot Technomarine Building at 2919 Biscayne Boulevard, which will
remain. The development plan for the project includes the 30,430 sq. ft. of office
and 10,150 sq. ft. of retail in the Technomarine Building.
Pursuant to Article 9, Section 914, the original project with a height of approximately
473-foot and the current approximate proposed height is 489-feet and 8-inches is
requesting a development bonus of 51,955 square feet of additional floor area, and
shall pay into the Affordable Housing Trust Fund at amount of $12.40 per square
foot = $644,242.
• It is found that the project is expected to cost approximately $60,384,000, and to
employ approximately 323 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 14 permanent new jobs
(FTE) and will generate approximately $562,546 annually in tax revenues to the City
(2005 dollars).
• It is found that on October 17, 2005, the Miami -Dade Aviation Department provided
a Height Analysis review for the original "Lima" project with a height of approximately
473-foot and the current approximate proposed height is 490-feet. It is also found
that originally it conformed to the Miami -Dade County Height Zoning Ordinances.
However, a new analysis would have to be submitted for review and approval by
Miami -Dade Aviation Department.
It is found that on December 5, 2005, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #128) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient. The proposed substantial
modification has not impacted the previous analysis.
• It is found that per Planning Department comments, the parking pedestal screening
and the aluminum balcony railings shall match the concrete facade of the
Technomarine Building.
• It is found that Miami -Dade Public Schools provided a preliminary review of the
original project on January 3, 2006. The student population generated by this
development is estimated at 56 students. The schools serving this area of
application are Eneida M. Hartner Elementary (26 students) — 121% Florida
Inventory School Houses (FISH) Capacity; Jose de Diego Middle (14 students) —
102% FISH; and Booker T. Washington Senior High (16 students) — 70% FISH.
Pursuant to the interlocal agreement, only Eneida M. Hartner Elementary meets
review threshold of 115%.
It is found that on January 18, 2006, the City of Miami Public Works Department
provided a determination that the closure and vacation of the alleys within the project
is not required in order to obtain building permits for this project.
• It is found that the proposed substantial modification to the project was reviewed by
the Internal Design Review Committee on July 18, 2006, and the following pertinent
comments were made: Site Plan — (1)The proposal for a vehicular curb cut along
Biscayne Boulevard is unacceptable. The applicant shall reconfigure the vehicular
circulation so that all entrances are from NE 30th Street or NE 4` Avenue; (2) The
proposed changes significantly reduce the amount of retail space fronting Biscayne
Page 4 of 7
Boulevard and replaces it with a vehicular driveway and parking, which is
unacceptable; Pedestrian Realm — (1) Articulate the pedestrian sidewalk to give
dominance to the pedestrian realm over the vehicular areas by providing a sidewalk
with a consistent pattern and height that continues across vehicular areas; (2)
Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of
the curb, with the ramp slope being the maximum allowed by Public Works;
Landscaping — (1) The plaza should not include a driveway to Biscayne Boulevard.
This severely impacts the public space and pedestrian realm; (2) The concrete
sidewalk along Biscayne Boulevard should be continued to the face of the building to
provide a wide sidewalk. Awnings or other structure can protrude over this space for
definition if desirable. The Planning Department's review resulted in design
modifications that were then recommended for approval to the Planning Director.
• It is found that the project with a height of approximately 490-feet was reviewed for
design appropriateness by the Urban Development Review Board on September 20,
2006, which recommended Approval (UDRB Reso. 9-20-06-3) with conditions.
• 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
responsibility, 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.
Page 5 of 7
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/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
mandatory 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
includes 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 approval 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 subordinate Special Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Planning Department with all
subordinate Special Permit plans and detailed requirements for final review and
approval 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
development order or captioned in the plans approved by it.
10) Obtain approval from, or provide a letter from Miami -Dade Aviation
Department indicating that the proposed height of 489-feet and 8-inches is in
compliance with all the concerns of the Department prior to the obtainment of a shell
permit.
11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) The applicant shall reconfigure the
vehicular circulation so that all entrances are from NE 30t Street or NE 4`h Avenue; (b)
Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the
vehicular areas by providing a sidewalk with a consistent pattern and height that
continues across vehicular areas; (c) Vehicles shall rise to the sidewalk level with
ramping beginning at the outer edge of the curb, with the ramp slope being the
maximum allowed by Public Works; (d) The plaza should not include a driveway to
Biscayne Boulevard; (e) The concrete sidewalk along Biscayne Boulevard should be
continued to the face of the building to provide a wide sidewalk; (f) the parking pedestal
louver screening and the aluminum balcony railings will need to match the concrete
facade of the Technomarine Building in color and pattern — not material.
Page 6 of 7
12) If the project is to be developed in phases, the Applicant shall submit an
interim plan, including a landscape plan, which addresses design details for the land
occupying future phases of this Project in the event that the future phases are not
developed, said plan shall include a proposed timetable and shall be subject to review
and approval by the Planning Director.
13) A development bonus to permit a mixed use of 51,955 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $644,242.
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.
Page 7 of 7
Projects in the Vicinity
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Palermo
Lima #
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Status
62 Completed
7 22 Pending Class II
43 211 MUSP non -sub. /Application
43 288 MUSP/ Approved
#-Indicates Mixed -Use Project with Retail and/or Office uses
06-00086mm - Projects in the Vicinity
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LIMA
2955 BISCAYNE BOULEVARD
NET DISTRICT: WYNWOOD/EDCGEWATER
07-18-06
The following comments represent the unified vision of the Pre -Application Design Review Committee, which consist
of all staff members in the Urban Design and Land Development Divisions.
COMMENTS:
The initial submittal of this project was approved by the Urban Design Review Board on 11-16-2005. The project has
been substantially modified from the approved plans and requires review by the Internal Design Review Committee as
well as the Urban Design Review Board.
The committee finds that the original submittal approved in November 2005 was a better solution than the proposed
modified plans, and recommends that the applicant continue to work with the approved plans.
Residential Tower
• The addition of liner units along the western elevation of the building is appropriate, and enhances the building
frontage facing Biscayne Boulevard.
Site Plan
• The proposal for a vehicular curb cut along Biscayne Boulevard is unacceptable. The applicant shall
reconfigure the vehicular circulation so that all entrances are from NE 30'I' Street or NE 4th Avenue.
• The proposed changes significantly reduce the amount of retail space fronting Biscayne Boulevard and replaces
it with a vehicular driveway and parking, which is unacceptable.
• The relocation of the proposed public plaza to be adjacent to Starbucks is appropriate.
• The relocation of the loading spaces to be within the parking garage is appropriate.
Pedestrian Realm
• Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas. Achieve
this by providing a sidewalk with a consistent pattern and height that continues across vehicular areas. Vehicles
shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being
the maximum allowed by Public Works. We are attaching a detail sheet of an approved mountable curb for
your reference.
Landscaping
• The latest submittal does not provide information about the landscaping. Please submit a landscape plan that
specifies the species and proposed locations of all plant materials.
• Provide a complete tree survey of existing conditions including species, diameter and spread including all trees
in the right-of-way. Please refer to the City of Miami tree protection ordinance passed in January 2005 and
indicate how tree mitigation will be achieved. Please note that the City calculates tree replacement by the "sum
of inches" of tree trunk at breast height, while the county uses square footage of tree canopy.
• Provide a continuous canopy of shade trees to provide comfort for pedestrians along all street frontages.
These shade trees shall be aligned close to the edge of the curb in the public right of way (at no greater than 33'
on center) to provide a buffer for pedestrians from vehicular traffic. The applicant shall obtain approval and a
permit from the Public Works Department for the aforementioned landscaping improvements in the right of
way. This greenspace and landscaping may not be included in the calculations for meeting greenspace zoning
requirements.
It is our intention with these comments to aid in expediting Special Permit applications with your
voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly
prior to a project's submission to the Large Scale Development Committee or the Urban Development
Review Board.
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