HomeMy WebLinkAboutAnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
2222 BISCAYNE
located at approximately
2200 Biscayne Boulevard
LEGISTAR FILE ID: 06-01845mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the 2222 Biscayne project, located at approximately
2200 Biscayne Boulevard, Miami, Florida, has been reviewed to allow a Major Use
Special Permit per Articles 5, 13 and 17, to construct an approximate 438-foot, 29-story
high mixed use structure to be comprised of approximately 371,863 square feet of office
space; approximately 6,537 square feet of retail and bank space; approximately 6,728
square feet of restaurant space; and approximately 1,784 total parking spaces;
providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (9) and
ARTICLE 5, Sect. 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 of approximately 44,731 square feet of floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (2) , to
allow Nonresidential uses involving in excess of two hundred thousand (200,000) square
feet of floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (7), to
allow in a any single use or combination of uses requiring or proposing to provide in
excess of five hundred (500) off-street parking spaces;
The Major Use Special Permit encompasses the following Special Permits and the
additional requests:
CLASS II SPECIAL PERMIT, as per Article 6, Section 620.3.1, to allow the
construction of any new building in SD-20 districts;
CLASS II 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 ceremony;
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CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub -Section 916.2.1.
Temporary special event parking, to allow parking for temporary special event such as
ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2.
Temporary off-street offsite parking for construction crews, criteria, to allow temporary
off-street offsite parking for construction crews working on a commercial 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 6, Section 620.8, ARTICLE 10, Section
10.5, Sub -Section 10.5.4.3, C-1 and SD-20 Restricted Commercial, Temporary Signs
(3), to allow temporary development signs;
REQUEST, for waiver of Chapter 36 Noise, Section 36-6 Construction Equipment (a)
permitting the operation of construction equipment exceeding the sound level of a
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:
a) 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;
b) 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, 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
(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 Wynwood/Edgewater NET District,
located at the northeast corner of NE 2nd Avenue and NE 22nd Street.
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• It is found that the subject property is located in the "Terranova Biscayne" plats
within the City.
• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the subject property is C-1(Restricted Commercial)
and SD-20 (Edgewater Overlay District) zoning districts.
It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Miami, Florida, the existing Future Land Use category for the subject 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 "X", "AE 11", "AE
10" and "AE 9".
• It is found that the total allowable combined floor area without bonuses for the 1.95±
gross acre site at a Floor Area Ratio (FAR) of 2.0 is 447,306 square feet. The
project as proposed is requesting a bonus of 20% PUD (44,731 sq. ft.) for a total
proposed FAR of 492,037 square feet.
It is found that the maximum height of the proposed structure is approximately 438
feet. Pursuant to Article 4, Section 401, there are no height limits in the existing C-1
and SD-20 zoning districts.
It is found that the proposed open space for the project (27,779 sq. ft.) is above the
minimum required open space (22,779 sq. ft. at 10% GLA) for this project.
It is found that the proposed total number of parking spaces (approximately 1,784)
for the project is above the required minimum number of 1,749 parking spaces.
It is found that the project is expected to cost approximately $110,900,000, and to
employ approximately 754 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 3,352 permanent new
jobs (FTE) for building operations and will generate approximately $4,250,000
annually in tax revenues to the City (2006 dollars).
It is found that the proposed project was reviewed by the Internal Design Review
Committee on May 30, 2006, and the following comments were made:
Context/Urban Design — (1) The proposed 29-story building is more than twice the
height of any of the surrounding buildings and is inappropriate. Reconfigure the
building so that it is more in keeping with the scale of the area and creates a better
transition to the adjacent properties; (2) The project shall comply with the FDOT
improvements on Biscayne Boulevard. Contact the FDOT District VI office for more
details; (3) Coordinate with the Street Car Trolley Plan and provide additional details
of the proposed "waiting area"; (4) Provide a site line diagram indicating how much
of the exposed parking garage will be visible from all streets, particularly Biscayne
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Boulevard and NE 2nd Avenue; (5) Provide more details on the art walls and include
a clear indication of what type of materials are being proposed for all four elevations
of the building, including windows, balconies, and garage screening materials; (6)
Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over
the vehicular areas; (7) The project shows four curb cuts. This condition creates
vehicle/pedestrian conflicts and interrupts the desired continuity for a retail street.
The number of curb cuts shall be reduced; Loading - Internalize the loading spaces
so that they are accessed from within the garage and loading vehicles do not have
to maneuver in the public right of way; Landscaping — (1) Provide a landscape plan
that specifies the species and proposed locations of all plant materials; (2) 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; Materials - Please identify the materials used in the garage elevations for
Planning Director's approval.
• It is found that Miami -Dade Public Schools provided a review of the proposed project
on July 18, 2006. Pursuant to the State mandated Interlocal Agreement for Miami
Dade County Public Schools. The project is not applicable since it does not contain
residential dwelling units.
• It is found that on July 24, 2006, the City of Miami Public Works Department
provided a review of the project and commented that the following street
improvements shall be required: (1) NE 22nd Street — Replace damaged sidewalk,
curb and gutter along both sides of the street adjacent to the project site. Pavement
restoration shall be determined by City Engineer; (2) — NE 23rd Street — Replace all
damaged sidewalk, curb and gutter along both sides of the street adjacent to the
project site; (3) — NE 2nd Avenue —Replace all damaged sidewalk, curb and gutter
along both sides of the avenue adjacent to the project site; (4) — Biscayne Boulevard
— Coordinate with the Florida Department of Transportation for replacement of all
broken and damaged sidewalk and curb and gutter adjacent to the project site.
• It is found that on August 29, 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. Any proposed
construction exceeding 550 feet (AMSL) 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 (AMSL) in height must be
filed using the same form.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on September 20, 2006, which recommended
Approval (UDRB Reso. 9-20-06-2) with conditions.
• It is found that on October 3, 2006, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #163) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient contingent upon acceptable
site circulation plan.
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• 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
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.
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
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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 Class I Special Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Planning Department with all
subordinate Class I 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) 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.
11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) Reconfigure the building so that it is
more in keeping with the scale of the area and creates a better transition to the adjacent
properties; (b) The project shall comply with FDOT improvements on Biscayne
Boulevard; (c) Coordinate with the Street Car Trolley Plan and provide additional details
of the proposed "waiting area"; (d) The number of curb cuts shall be reduced along NE
22nd Street; (e) Internalize the loading spaces so that they are accessed from within the
garage and loading vehicles do not have to maneuver in the public right of way; (f)
Provide a landscape plan that specifies the species and proposed locations of all plant
materials for review and approval of the Planning Director prior to the issuance of a
building permit; (g) Provide a complete tree survey of existing conditions including
species, diameter and spread including all trees in the right-of-way; (h) Identify the exact
dimensions and location for proposed art walls along the garage elevation and submit
for review by the Planning Director.
12) Pursuant to comments by the City of Miami Public Works Department, the
following conditions shall be required of the applicant: (a) — NE 22nd Street — Replace
damaged sidewalk, curb and gutter along both sides of the street adjacent to the project
site. Pavement restoration shall be determined by the City Engineer; (b) — NE 23rd Street
— Replace damaged sidewalk, curb and gutter on both sides of the street adjacent to the
project site; (c) — NE 2nd Avenue - Replace damaged sidewalk, curb and gutter on both
sides of the avenue adjacent to the project site. Pavement restoration shall be
determined by the City Engineer. Coordinate with CIT office for trolley waiting bay area
and Miami Dade County for any traffic improvements along the avenue; (d) — Biscayne
Boulevard — Coordinate with the Florida Department of Transportation for replacement
of all broken and damaged sidewalk and curb and gutter adjacent to the project site.
Contact the City's Planning Department and CIT Office for any decorative 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.
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14) 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.
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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