HomeMy WebLinkAboutPAB AnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
ORONU DEVELOPMENT
located at approximately
1501-1701 Biscayne Boulevard
LEG|STARFILE ID: 06-01243mu
Pursuant to Ordinance 11000. as amended, the Zoning Ordinance of the City of &1ionni.
Florida, the subject proposal for the Omnni Development project, located at approxi-
mately 1501-1701 Biscayne Bou|evard, Miami, Florida, has been reviewed to aU0xv a
Major Use Special Permit per Articles 18 and 17, to construct e six building mixed use
development ranging in height from 584 feet to 644 feet to be comprised ofopproxi-
nnate|y 4.208 total nnu|dhanni|y noa)dendm| 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, .aoper Article 17, Section 1701. Definition (1).for
residential development involving inexcess oftwo hundred (200) units;
MAJOR USE SPECIAL PERMIT, maper Article 17, Section 1701. Definition i2\.for
non-residential uses involving inexcess cftwo hundred thousand (200.000oquare
feet) of floor area;
MAJOR USE SPECIAL PERM|T, as per Article 17. Section 1701. Definition (7), to
allow any single use or combination of uses requiring or proposing to provide in excess of five hundred (500) off-street parking spaces;
-
This Major Use Special Permit encompasses the following Special Permits and re -
CLASS USPECIAL PERMITS
CLASS U SPECIAL PERM|T, as per Article 6, Section 606.3.1. to allow erection a
new building in SD-6 Central Commercial -Residential district;
CLASS || SPECIAL PERK8|T, as per Article O. Section OOO' Sub -Section 606.8.3
Open space and residential recreational apane, to allow residential recreational
space conforming to ''The City of Miami Design Guides and Standards for {}pen
Space and Residential Recreational 8pmoe'';
CLASS U SPECIAL PERM|T, as per Article S. Section 907.2 [}pen 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 foUovvs, to allow
approximately 7.004.56 8F of Open Space area required to be relocated or waived
bymaking Gnon-refundable developer contribution of $5O.00per square foot ofap-
proximately $35U.22D.O0tothe Parks and Open Space Trust Fund administered by
the City of Miami as set forth in Chapter 82 of the City Code, as amended;
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CLASS | SPECIAL PERMITS
CL/\88 | SPECIAL PERMIT,. as per, Article Q. Section 927. Temporary stnuctunaa,
occupmnoieo, and uses during oonstruction, orihaho for special pannbs, to allow tem-
porary ahuotunaa, ocoupmnoieo, and uses reasonably necessary for construction
such as construction Nance, covered walkway and if encroaching public property
must beapproved byother city departments;
CLASS | SPECIAL PERM]T, as per, Article S. Section 800. Sub -Section 906.8.
Temporary opaoim| events; special permits; chhaha, to allow temporary carniva|, feo-
dvo|, fair or similar type event on privately owned or City -owned land such as a
ground breaking ceremonies;
CLASS | SPECIAL PERMIT, as Per. Article 9, Section 916. Sub -Section 810.2.1.
Temporary special event parking, to allow parking for temporary special event Such
as groundbreaking ceremonies;
CLASS | SPECIAL PERMIT, as per. Article S. Section 818, Sub -Section 818.2.
Temporary off-street offsite parking for construction crewa, chteha, to allow tempo-
rary off-street offsite parking for construction orevvo working on m commercial -
residential project under construction;
CLASS | SPECIAL PERK8|T, as per, Article 8, Section 920. Sub -Section 920.1.2.
Limitations on occupancy of mobile honnea. to allow parking of mobile honnes, trail-
ers or manufactured honnes, when authorized for security or other purposes in con-
nection with land development such as construction trailer(s) and other temporary
construction offices such oowatchman's quarters, leasing and sales centers;
CL/\8G | SPECIAL PEFlK8|T, as per Article 10. Section 10.0. Sub -Section 10.6.3.0
(3) SO-6 Central Commercial -Residential District to oUnw temporary development
REQUEST, for waiver of Chapter 36 Noise, Section 36-6 Construction Equipment (m)
permitting the operation of construction equipment exceeding the sound level of read-
ing VfO.79weighted average dBA at any time and/or day subject to the City Manager
Exception pursuant toSection 30-O(c)and all the applicable criteria;
REQUEST to be qualified as o phased project by the Director of the Planning Depart-
REQUEST for applicable MU8Pconditions tnbasatisfied atthe time ofShell 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 0vvnership, 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 toArticles 13and 17ofZoning Ordinance 11OOO.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 fmUUom/iMg findings have been made:
It is hound that the proposed development projectviU benefit the area by creating
additional residential and commercial opportunities inthe VVvnvvood/Edgevvmter NET
District, located at the northeast corner of Biscayne Boulevard and NE 15 Street.
It is found that the subject property is located in the ^(]nnni International", "Rice and
8uUivans". and "Miramar" plats within the [}MN|/P/\C neighborhood of the City.
� It is found that pursuant to the Zoning Ordinance of the City of Mianni. Florida, the
existing zoning designation for the property is SD-6 (Central Connnnenoia|
It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Mianni. Florida, the existing Future Land Use category for the property is "Restricted
{}onlnnercia|^
* |tiafound that the proposed project io|ocaUado|ongmPhnnoryPedesthonPathvvay.
� 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 Mstronnoveravatenn at the
[)nlni station, located adjacent south of the subject property, with COnn9{ti0OS to the
K8etrormi| and Tri-Rail oyuterno, for efficient use of existing rnoaa transit systems.
p It iafound that the proposed project is located in FE&1A Flood Zone "AE 10^
It is found that the proposed residential density of the project (4.208 units at 365
units per ocna) is below the maximum 500 units per acre (5.760 units) on the
11.553±net acre site.
* It is found that the total allowable combined floor area without bonuses for the
10.48± gross acre site at a Floor Area Ratio (FAR) of 8.4 for all uses is 6.033.275
sq. ft. The nnmxirnunn allowable FAR are 5.171.37Osq. ft. residential at7.2 FAR and
4.596.781 sq. ft. non-residential at 8A FAR. The project as proposed is not
requesting any bonuses and oVneiata of tV{o| FAR of5.521.57O sq. ft. (5.171.378
sq. ft. residential, 350,200 sq. ft. non-residential).
It is found that the rnmxinnunn height of the proposed structure is approximately 644
feet above ground level A\.G.L\. Pursuant toArticle 8. Section 606.8. there are no
height limits in the proposed SD-8 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 in found that the proposed urban plaza apmom for the project (40.090 sq. ft.) is
above the minimum required urban plaza opoms (35.912 sq. ft. at 596 (3LA) for this
pngeuL
It is found that the proposed total number ofparking spaces (opprVxnnahe|y8.1S4)
for the project is above the required minimum number of 4,558 parking spaces.
It is found that the project is expected to coot 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.O51.U78annually intax revenues tothe City (20OOdoUors).
� 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, tobecome mgreat 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, sHep-backs,
varied heighta, and more articulated nnassinO, in order to introduce a dynamic
skyline and ground -level presence to the C)nnni CRA area. This will also serve to
integrate the [}rnni site into the fabric of the surrounding neighborhood, as it will
break up the continuous height and nnmaoing 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 oothat the street will badefined bythe more human -scaled fourteen stories cf
the lined parking podium; (3) The north hagade of the * �x project terminates the vista
'
south on NE Avenue. There is an opportunity for o unique architectural
statement on this hagade that will advertise and celebrate the building. The current
proposal fora loading entrance at this location is undesirab|e, as the applicant is
placing a back -of house activity in a highly visible location; (4) Develop "Site 3" as a
magnetic entrance for K8etrornower passengers. Provide a public p|azm, caf&, 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 o human sco|e, particularly at the ground level; (0)
Please provide m rendering of the site looking straight down Biscayne Boulevard
from the Performing Arts Center plaza; Architmctume— (1) Please provide 3-O color
renderings of the project in its urban cnntext, color renderings of the e|evaUone, and
material samples and precedent photographs of all haoade treatmente, so that the
committee can better aaoeee 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 nem|nn and provide additional eyes on the
street; (4) Please label GU 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 cDnnnni#ee is concerned by the bulk of the
parking garage and its impact onthe pedestrian experience. Furthernnope, the city
envisions the Entertainment District as on area of rnixed-use, vvm|kmbi|ity, and
ultimately shared or reduced parking. In light of this vision' consider reducing
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parking to the nnininnunn required for this site; C2\ The applicant should consider
taking advantage of Zoning Code Section 005.10.2.6 which mUovvs a 10 percent
reduction in the rnininnunn required parking for any building within 000 feet of m
K8etronai| or K8etronnoverotop; (3) Consider providing underground parkinO, off -site
pmrkin0, or robotic parking to alleviate the verticality of the parking garage;
Pedestrian Realm— /1\ The committee appreciates the enlarged ground level
elevations provided inthe latest submittal. Please provide mnenlarged elevation of
the loading entrance located on the north fmgade of the building; (2) The pedestrian
sidewalk n*m|nn shall remain at m consistent height throughout. Vehicles shall rise to
the sidewalk level with ramping beginning at the outer edge of the ourb, with the
ramp slope being the nnoximnunn mUOvved by Public Works; (3) The pedestrian
sidewalk area ohmU be maintained with a consistent, recognizable pettern, which
shall continue aonoae the vehicular entrances in order to give dominance to the
pedestrian rem|,n over the vehicular areas; Landscaping — /1> Refer to the CRA
Entertainment District GtPeetsc@pe study and coordinate all landscape, hapdscGpe.
lighting and pedestrian amenities with this plan; (2)Thm committee appreciates the
submittal of landscape plan indicating the landscape treatment of the street level.
Please update the landscape legend to include oynnbo|s, 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
� It is found that on May 3. 2008. the Miami -Dade Aviation Department provided a
Height Analysis review ofthe proposed project and found that it conforms to the
Miami -Dade County Height Zoning Ordinances at that location. In aUdition, the
analysis indicates that the structure may impact the Terminal Instrument Procedures
(TERPS) for Departure and Approach onsome ofthe runways ot Miami International
Airport (N1|A).Any proposed construction exceeding 200haet requires the applicant
to file with the Federal Aviation Administration (FAA) Form 740D-1. "Notice of
Proposed (�onstructionAlteration for Determination of Known Hazards". In mddition,
construction cranes for this project exceeding 200 feet in height must be filed using
the same form.
It is found that on Mmy4. 2006. the City of Miami Public Works Department provided
o 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 aidevve|h, curb and gutter. City of
Miami Zoning Ordinance Section 605.3.2 (3) (e) requires that inlp[Ov8DleDtS "along
Biscayne Boulevard shall conform to the adopted design plan for Biscayne
Boulevard". Verify with the Citv'o Planning Department and Capital
Improvements/Transportation Office the required stpeetscape irnprovennentn,
including decorative sidewalk and landscaping, for Biscayne Boulevard; NE 15 *
Stneet— Replace all damaged nidevva|h, curb and gutter on the north side of the
street adjacent to the project site. yWiU and resurface the entire vvidth. Curb to curb.
between Biscayne Boulevard and North Bayah0ne Drive; � 17 mTernmce— Replace
GU damaged sidevvG|k, curb and gutter on both sides of the terrace. yWiU and
resurface the entire vVidth, curb to curb. between Biscayne Boulevard and North
Bayehone Drive. Coordinate these improvements with the Opera Tower projects.
Re -sod damaged parkway and replace missing and/or damaged trees; North
Bmyshmne CJrive- Replace all damaged sidewalk, curb and gutter and any damaged
median curb adjacent to the project site. K8iU 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 ofthe Qty'a{}mpito| Improvements/Transportation Office and
the Miami -Dade County Public Works Department.
p It is found that Miami -Dade Public Schools provided m preliminary review of the
proposed project on May 17, 2006. The student population generated by this
development is estimated at 1.162 students. The schools serving this area of
application are PhiUioVVhemdey Elementary (534students) — 13296 Florida Inventory
School Houses (FISH) Capacity with the proposed project; Jose De Diego Middle
/291 mtudents>— 126% FISH; and BookerT. Washington Senior High /337 students)
—8396 FISH. Pursuant to the |nter|ocm|Agnaernmnt. PhiUis Wheatley Elementary and
Jose OaDiego Middle schools meet the review threshold Vf11596.
It is found that the Large Scale Development CQnnnldhee 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
(UQRB Remo.O-21-OO-1) with conditions.
� |tiofound that onJune 2B. 2000. the Chv'oTraffiC Consultart, URS Corp.. provided
e review (8/(]. #160) of the Traffic Impact Analysis submitted by the applicant and
has found the traffic analysis sufficient.
It is found that with nanoeot to all additional criteria as specified in Section 1305.2 of
Zoning Ordinance 11000. the proposal has been found to adhere tothe following
Design Review Criteria: /1\ She and Urban Planning; (2) Architecture and
Landscape Architecture; (8) Pedestrian Oriented Development; (4) Streets and
(]pen Space; (5) Vehicular Access and Parking; (0) Screening; (7) Signage and
lighting; (8) Preservation of Natural Features; and (g) Modification of
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 buiIding permit.
2\Allow the Miami Police Department toconduct asecurity survey, st the option
of the Department, and to make recommendations concerning security measures and
systems; further submit m report to the Planning Department, prior to commencement of
conatruction, demonstrating how the Police Department reuonnmendaUons, 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 fronn. or provide m 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 ne-
sponaibi|ity, building development process and review procedures, as well as specific
OS'O1243mu
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requirements for fire protectionand life safety systems, exiting, vehicular access and
water supply.
4\ Obtain approval from, or provide a letter ofassurance from the Department of
Solid Waste that the PROJECT has addressed all concerns ofthe said Department prior
to the obtainment of a shell permit.
S\ Comply with the Minority Participation and Employment Plan (including a CVn-
tnaotor/SubcordnactorPmrticipaUonP|an)nubnnittedtothaCityaapartoftheApp|ioation
for Development Approval, with the understanding that the APPLICANT must use its
best efforts to h»Uovv the provisions of the Cib/'s Minority/Women Business Affairs and
Procurement Program aamguide.
O\ Record the following in the Public Records of Dade Counh/. Florida, priorh0
the issuance of Temporary Certificate of Occupancy or Certificate of Occupancy, G
Declaration ofCovenants 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 hothe issuance of shell pennK, provide the City with a recorded copy of
the K8UGPpermit resolution and development order, and further, an executed, nooznd
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.
O) Provide the Planning Department with aVemponary construction plan that in-
cludes the following: a temporary construction parking plan, with anenforcement policy;
a construction noise management plan with an enforcement policy" and a maintenance
plan for the temporary construction site; said plan shall besubject to the review and ap-
proval by the Planning Department prior to the issuance of any building permits and
ahmU be enforced during construction activity. All construction activity shall nunnmin in full
compliance with the provisions Of the submitted construction plan; failure to comply may
lead tomsuspension orrevocation ofthis Major UGe Special Permit.
8\ In oofar aathis Major Use Special Permit includes the subordinate approval of
aseries ofClass | Special PennitaforvvhichapecdDcdetai|ahavenotvetboendevel-
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 tVthe issuance 0f any ofthe subordinate @ppnJva|$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.
10A If the project is to be developed in phases, the Applicant shall submit an in-
terim p|an, including a landscape p|on, which addresses design details for the land oc-
cupying future phases of this Project inthaevent that the future phases are not deve|'
nped, said plan ahmU include a proposed timetable and shall be subject to review and
approval by the Planning Director.
11\Pursuant todesign na|GtedcVnnnneDtsrecekxedbv<he Planning Director, the
applicant shall meet the following conditions: (@) Develop "Site 3^ as @ magnetic en-
trance for K8etnDrn0verpassengers. Provide apublic plaza, caf6'Drother pedestrian
amenity that directly engages the Metn}[noVe[station and will draw pedestrians into the
project; (b) Reduce parking to the O1iOinlurn required for this site or consider taking ad-
06'01243mu
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vantage of Zoning Code Section 606,10.2.6 which allows a 10 percent reduction in the
rnininnunn required perking for any building within 600Keet of Me{nnrmi| or yWetronnover
stop; (n) Provide at least on level of underground parking, off -site pmrking, or robotic
parking to alleviate the verticality of the parking garage; (d) The pedestrian sidewalk
realm shall remain ataconsistent height throughout. Vehicles shall rise to the sidewalk
level with ramping beginning at the outer edge ofthe curb, with the ramp slope being the
nlaxinnunn allowed by Public Works; /e\ Refer tothe CRA Stnaetacape study and coondi-
nateo|| landscape, hmpdocope. lighting and pedestrian amenities with this plan.
12\ Pursuant to comments by the City of Miami Public Works DepGrtnnerd, the
hJU0vvinO conditions shall be required of the applicant: /a\ Biscayne Boulevard —
Coordinate with the Florida Department of Transportation the replacement of any
damaged oidavvo/h, curb and gutter. City ofMiami Zoning Ordinance Section 006.3.2
(3) (e) requires that improvements "along Biscayne Boulevard shall oonhzrnn to the
adopted design plan for Biscayne Boulevard". Verify with the City'a Planning
Department and Capital Improvements/Transportation Office the required Streetscmpe
irnprovernents, including decorative sidewalk and landscaping, for Biscayne Boulevard;
(b) NE 15 mStreet— Replace all damaged nidevvo|k, curb and gutter onthe north side of
the street adjacent to the project site. K8iU and resurface the entire width, curb to curb.
between Biscayne Boulevard and North Bgyshore Drive; (c) NE 17`^Terrace —Replace
all damaged sidevva|k, curb and gutter on both sides of the terrace. Mill and resurface
the entire width, curb to curb. between Biscayne Boulevard and North BGyshore Drive.
Coordinate these improvements with the Opera Tower projects. Re -sod damaged
parkway and replace missing and/or damaged trees; (d) North Bmyshone Drive - Replace
all damaged sidovvm|k, curb and gutter and any damaged median curb adjacent tnthe
project site. Mill and resurface the full width nfthe south bound driving lanes. Re -sod
damaged parkway and median and replace nn)oaing 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'o Capital
|nnprove rnenta/TrmnspVrtahon Office and the Miami -Dade County Public Works
Department.
13\Prior kJthe issuance ofmbuilding permit, the applicant shall submit aletter of
approval of the proposed height from the K8ianni'[}mde County Aviation Department. If no
such approvals are granted, the height ofthe proposed project sho||bereducedtothome
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated May 4.2O0O.
14) Within 80 days of the effective doUa of this Development Order, record m
certified copy of the Development Order specifying that the Development Order runs
with the land and is binding on the Applicant, its oucce000ra, and ossigns, jointly or
severally.
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