HomeMy WebLinkAboutCC AnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
OMNI DEVELOPMENT
located at approximately
1501-1701 Biscayne Boulevard
LEGISTAR FILE ID: 06-01243mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Omni Development project, located at approxi-
mately 1501-1701 Biscayne Boulevard, Miami, Florida, has been reviewed to allow a
Major Use Special Permit per Articles 13 and 17, to construct a six building mixed use
development ranging in height from 584 feet to 644 feet to be comprised of approxi-
mately 4,208 total multifamily residential units with recreational amenities; approximately
350,200 square feet of retail space; and approximately 6,154 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 (2), for
non-residential 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 any single use or combination of uses requiring or proposing to provide in ex-
cess of five hundred (500) off-street parking spaces;
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 ll 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 Il 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 dis-
tricts shall be provided as set forth within this ordinance except as follows, to allow
approximately 7,004.56 SF of Open Space area required to be relocated or waived
by making a non-refundable developer contribution of $ 50.00 per square foot of ap-
proximately $ 350,228.00 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 structures,
occupancies, and uses during construction, criteria for special permits, to allow tem-
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 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 1 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 l 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 to be qualified as a phased project by the Director of the Planning Depart-
ment.
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 residential and commercial opportunities in the Wynwood/Edgewater NET
District, located at the northeast corner of Biscayne Boulevard and NE 15`h Street.
It is found that the subject property is located in the "Omni International", "Rice and
Su'livens", and "Miramar" 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 proposed project is not located within an Archeological
Conservation area.
• It is found that the project has convenient access to the Metromover system at the
Omni station, located adjacent south 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 located in FEMA Flood Zone "AE 10".
• It is found that the proposed residential density of the project (4,208 units at 365
units per acre) is below the maximum 500 units per acre (5,766 units) on the
11.533± net acre site.
• It is found that the total allowable combined floor area without bonuses for the
16.49± gross acre site at a Floor Area Ratio (FAR) of 8.4 for all uses is 6,033,275
sq. ft. The maximum allowable FAR are 5,171,378 sq. ft. residential at 7.2 FAR and
4,596,781 sq. ft. non-residential at 6.4 FAR. The project as proposed is not
requesting any bonuses and consists of a total FAR of 5,521,578 sq. ft. (5,171,378
sq. ft. residential, 350,200 sq. ft. non-residential).
• It is found that the maximum height of the proposed structure is approximately 644
feet above ground level (A.G.L.). 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 open space for the project (71,824 sq. ft.) meets the
minimum required open space (71,824 sq. ft. at 10% GLA) for this project.
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• it is found that the proposed urban plaza space for the project (40,090 sq. ft.) is
above the minimum required urban plaza space (35,912 sq. ft. at 5% GLA) for this
project.
• It is found that the proposed total number of parking spaces (approximately 6,154)
for the project is above the required minimum number of 4,558 parking spaces.
• It is found that the project is expected to cost approximately $1,290,000,000, and to
employ approximately 1,374 workers during construction (FTE-Full Time
Employees); The project will also result in the creation of approximately 490
permanent new jobs (FTE) for building operations and will generate approximately
$9,651,076 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 March 14, 2006 and the following pertinent comments were made:
Context/Urban Design — (1) The Omni site presents a great opportunity, through
sheer size and location, to become a great urban space. The proposal for six towers
within this project indicates that it could become "a city within a city". Take
advantage of this unique opportunity by introducing sculptural effects, step -backs,
varied heights, and more articulated massing, in order to introduce a dynamic
skyline and ground -level presence to the Omni GRA area. This will also serve to
integrate the Omni site into the fabric of the surrounding neighborhood, as it will
break up the continuous height and massing that sets this project apart from the
surrounding development; (2) Provide a section of the building revealing the step
backs from Biscayne Boulevard. Consider further stepping the tower away from the
street so that the street will be defined by the more human -scaled fourteen stories of
the lined parkins podium; (3) The north facade of the project terminates the vista
south on NE 4 n Avenue. There is an opportunity for a unique architectural
statement on this facade that will advertise and celebrate the building. The current
proposal for a loading entrance at this location is undesirable, as the applicant is
placing a back -of house activity in a highly visible location; (4) Develop "Site 3" as a
magnetic entrance for Metromover passengers. Provide a public plaza, cafe, or
other pedestrian amenity, that directly engages the Metromover station and will draw
pedestrians into the project; (5) It is essential that the applicant articulate the
podiums of the buildings at a human scale, particularly at the ground level; (6)
Please provide a rendering of the site looking straight down Biscayne Boulevard
from the Performing Arts Center plaza; Architecture — (1) Please provide 3-D color
renderings of the project in its urban context, color renderings of the elevations, and
material samples and precedent photographs of all facade treatments, so that the
committee can better assess the impact of this structure on the adjacent properties;
(2) The committee appreciates the provision of liner along all levels of the garage;
(3) Explain the decision to provide "Metal Louver Awnings" along the first, second
and third floors of all facades of the building. Indicate whether these louvers will
hide the liner units from view. It is important that these liner units be visible from the
street, in order to enrich the pedestrian realm and provide additional eyes on the
street; (4) Please label all floor plans with the corresponding levels; (5) Please
indicate the location from which the rendering on the second cover page of the
submittal was drawn; Parking — (1) The committee is concerned by the bulk of the
parking garage and its impact on the pedestrian experience. Furthermore, the city
envisions the Entertainment District as an area of mixed -use, walkability, and
ultimately shared or reduced parking. In light of this vision, consider reducing
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parking to the minimum required for this site; (2) The applicant should consider
taking advantage of Zoning Code Section 606.10.2.6 which allows a 10 percent
reduction in the minimum required parking for any building within 600 feet of a
Metrorail or Metromover stop; (3) Consider providing underground parking, off -site
parking, or robotic parking to alleviate the verticality of the parking garage;
Pedestrian Realm — (1) The committee appreciates the enlarged ground level
elevations provided in the latest submittal. Please provide an enlarged elevation of
the loading entrance located on the north facade of the building; (2) The pedestrian
sidewalk realm shall remain at a consistent height throughout. 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; (3) The pedestrian
sidewalk area shall be maintained with a consistent, recognizable pattern, which
shall continue across the vehicular entrances in order to give dominance to the
pedestrian realm over the vehicular areas; Landscaping — (1) Refer to the CRA
Entertainment District Streetscape study and coordinate all landscape, hardscape,
lighting and pedestrian amenities with this plan; (2) The committee appreciates the
submittal of a landscape plan indicating the landscape treatment of the street level.
Please update the landscape legend to include symbols, so that the committee can
clearly read the landscape plan. The Planning Department's review resulted in
design modifications that were then recommended for approval to the Planning
Director.
• it is found that on May 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 on May 4, 2006, the City of Miami Public Works Department provided
a review of the project and commented that the following street improvements shall
be required: Biscayne Boulevard — Coordinate with the Florida Department of
Transportation the replacement of any damaged sidewalk, curb and gutter. City of
Miami Zoning Ordinance Section 606.3.2 (3) (e) requires that improvements "along
Biscayne Boulevard shall conform to the adopted design plan for Biscayne
Boulevard". Verify with the City's Planning Department and Capital
Improvements/Transportation Office the required streetscape improvements,
including decorative sidewalk and landscaping, for Biscayne Boulevard; NE 15th
Street — Replace all damaged sidewalk, curb and gutter on the north side of the
street adjacent to the project site. Mill and resurface the entire width, curb to curb,
between Biscayne Boulevard and North Bayshore Drive; NE 17th Terrace — Replace
all damaged sidewalk, curb and gutter on both sides of the terrace. Mill and
resurface the entire width, curb to curb, between Biscayne Boulevard and North
Bayshore Drive. Coordinate these improvements with the Opera Tower projects.
Re -sod damaged parkway and replace missing and/or damaged trees; North
Bayshore Drive - Replace all damaged sidewalk, curb and gutter and any damaged
median curb adjacent to the project site. Mill and resurface the full width of the south
bound driving lanes. Re -sod damaged parkway and median and replace missing or
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damaged trees. Caution: protect existing median irrigation system and repair any
damage caused to irrigation system. The proposed traffic circle must comply with
the traffic requirements of the City's Capital Improvements/Transportation Office and
the Miami -Dade County Public Works Department.
• It is found that the Large Scale Development Committee reviewed the project on
May 24, 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 June 21, 2006, which recommended Approval
(UDRB Reso. 6-21-06-1) with conditions.
• It is found that on June 29, 2006, the City's Traffic Consultant, URS Corp., provided
a review (W.O. #160) of the Traffic Impact Analysis submitted by the applicant and
has found the traffic analysis sufficient.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on September 18, 2006. The student population generated by this
development is estimated at 1,168 students. The schools serving this area of
application are Phillis Wheatley Elementary (561 students) — 136% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Jose De Diego Middle
(257 students) — 123% FISH; and Booker T. Washington Senior High (350 students)
— 83% FISH. Pursuant to the Interlocal Agreement, Phillis Wheatley Elementary and
Jose De Diego Middle schools meet the review threshold of 115%.
• 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
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requirements for fire protection and life safety systems, exiting, vehicular access and
water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of
Solid Waste that the PROJECT has addressed all concerns of the said Department prior
to the obtainment of a shell permit.
5) Comply with the Minority Participation and Employment Plan (including a Con-
tractor/Subcontractor Participation Plan) submitted to the City as part of the Application
for Development Approval, with the understanding that the APPLICANT must use its
best efforts to follow the provisions of the City`s Minority/Women Business Affairs and
Procurement Program as a guide.
6) Record the following in the Public Records of Dade County, Florida, prior to
the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration of Covenants and Restrictions providing that the ownership, operation and
maintenance of all common areas and facilities will be by the property owner or a man-
datory property owner association in perpetuity.
7) Prior to the issuance of a shell permit, provide the City with a recorded copy of
the MUSP permit resolution and development order, and further, an executed, record
able unity of title or covenant in lieu of unity of title agreement for the subject property;
said agreement shall be subject to the review and approval of the City Attorneys 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 1 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) Develop "Site 3" as a magnetic en-
trance for Metromover passengers. Provide a public plaza, cafe, or other pedestrian
amenity that directly engages the Metromover station and will draw pedestrians into the
project; (b) Reduce parking to the minimum required for this site or consider taking ad-
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vantage of Zoning Code Section 606,10.2.6 which allows a 10 percent reduction in the
minimum required parking for any building within 600 feet of a Metrorail or Metromover
stop; (c) Provide at least one level of underground parking, off -site parking, or robotic
parking to alleviate the verticality of the parking garage; (d) The pedestrian sidewalk
realm shall remain at a consistent height throughout. 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; (e) Refer to the CRA Streetscape study and coordi-
nate all landscape, hardscape, lighting and pedestrian amenities with this plan.
12) Pursuant to comments by the City of Miami Public Works Department, the
following conditions shall be required of the applicant: (a) Biscayne Boulevard —
Coordinate with the Florida Department of Transportation the replacement of any
damaged sidewalk, curb and gutter. City of Miami Zoning Ordinance Section 606.3.2
(3) (e) requires that improvements "along Biscayne Boulevard shall conform to the
adopted design plan for Biscayne Boulevard". Verify with the City's Planning
Department and Capital Improvements/Transportation Office the required streetscape
improvements, including decorative sidewalk and landscaping, for Biscayne Boulevard;
(b) NE 151" Street — Replace all damaged sidewalk, curb and gutter on the north side of
the street adjacent to the project site. Mill and resurface the entire width, curb to curb,
between Biscayne Boulevard and North Bayshore Drive; (c) NE 171" Terrace — Replace
all damaged sidewalk, curb and gutter on both sides of the terrace. Mill and resurface
the entire width, curb to curb, between Biscayne Boulevard and North Bayshore Drive.
Coordinate these improvements with the Opera Tower projects. Re -sod damaged
parkway and replace missing and/or damaged trees; (d) North Bayshore Drive - Replace
all damaged sidewalk, curb and gutter and any damaged median curb adjacent to the
project site. Mill and resurface the full width of the south bound driving lanes. Re -sod
damaged parkway and median and replace missing or damaged trees. Caution: protect
existing median irrigation system and repair any damage caused to irrigation system.
The proposed traffic circle must comply with the traffic requirements of the City's Capital
Improvements/Transportation Office and the Miami -Dade County Public Works
Department.
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 May 4, 2006.
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.
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