HomeMy WebLinkAboutPAB One Bayfront Plaza Supporting Doc.LEGISTAR FILE ID: 07-00535mu
APPLICANT
REQUEST/LOCATION
PLANNING FACT SHEET
May 16, 2007
Tibor Hollo
Item # 2
Consideration of a Major Use Special Permit for the One
Bayfront Plaza project, located at approximately 100 South
Biscayne Boulevard. [Downtown NET District]
COMMISSION DISTRICT 2
ZONING DISTRICT(S) CBD (Central Business District)
SITE AREA 3.35± acres (Gross) and 2.20± acres (Net)
LEGAL DESCRIPTION See supporting documentation
PETITION
Consideration of a Resolution, approving with conditions, a Major
Use Special Permit pursuant to Articles 13 and 17 of Zoning
Ordinance No. 11000, as amended, for the One Bayfront Plaza
project, to be located at approximately 100 South Biscayne
Boulevard, Miami, Florida, to construct a mixed use tower of
approximate 1,049 feet and 0 inches in height with 70 story; to
be comprised of approximately 850 hotel rooms and recreational
amenities; approximately 112,000 square feet of retail space,
approximately 120,000 square feet of exhibition/banquet floor
area; approximately 2,126,000 square feet of office space,
approximately 535,960 square feet of hotel use; and
approximately 2,563 total parking spaces.
PLANNING
RECOMMENDATION APPROVAL with conditions
BACKGROUND AND
ANALYSIS See supporting documentation
PLANNING ADVISORY BOARD VOTE:
CITY COMMISSION
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2N13 AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1500
Date Printed: 5/8/2007 Page 1
ANALYSIS
MAJOR USE SPECIAL PERMIT
for
One Bayfront Plaza
located at approximately
100 South Biscayne Boulevard.
FILE ID: 07-00535mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the One Bayfront Plaza project, located at
approximately 100 South Biscayne Boulevard, Miami, Florida, has been reviewed to
allow a Major Use Special Permit per Articles 13 and 17, to construct a mixed use tower
of approximate 1,049 feet and 0 inches in height with 70 story; to be comprised of
approximately 850 hotel rooms and recreational amenities; approximately 112,000
square feet of retail space, approximately 120,000 square feet exhibition/banquet floor
area; approximately 2,125,000 square feet of office space, approximately 535,960
square feet of hotel use; and approximately 2,563 total parking spaces.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (2), to
allow 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 (3), to
allow a hotel involving in excess of three hundred fifty (350) rooms;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (7), for
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 requests:
CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, Class II Special Permits,
to allow erection of any new building in CBD district;
CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, Class II Special Permits,
to allow a waiver of the required five-foot setback on Tots which have less than two hun-
dred (200) linear feet of frontage on a given street and where the location, size and na-
ture of adjacent buildings would preclude future redevelopment with a consistent set-
back along at least one half ('/z) of the block;
CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, under Conditional princi-
pal uses (8) of C-1 Restricted Commercial District, to allow banquet hall;
CLASS II SPECIAL PERMIT, as per Article 15, Sect.1512 Off -Street Parking Guides &
Standards, to allow reduction of required parking backup distance from 23'-0" to 22'-0".
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CLASS II SPECIAL PERMIT, as per Article 15, Sect.1512, Section 1512, Class II Spe-
cial Permit required for waiver of design standard and guidelines to allow a waiver of
City of Miami Parking Guides & Standards requirement of one (1) additional foot in stall
dimension where the side of any stall abuts a wall, fence, building, or other physical ob-
struction, to allow the minimum stall width dimension of 8'-6" from face of any obstruc-
tion;
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 of eight (8) 12'x35'x15' loading berth dimen-
sions to eight (8) 10'x 25'x15' as follows;
Required Four (4) 12 feet wide x 35 feet long x 15 feet high
Five (5) 12 feet wide x 55 foot long x 15 feet high
Proposed Three (3) 12 feet wide x 55 feet long x 15 feet high
Eight (8) 10 feet wide x 25 foot long x 15 feet high
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary structures,
occupancies, and uses during construction, criteria for special permits, to allow tempo-
rary structures, occupancies, and uses reasonably necessary for construction such as
construction fence, covered walkway and if encroaching public property must be ap-
proved by other city departments;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -Section 917.1.1,
Parking maneuvers on public streets or sidewalks prohibited; backing into an alley by
Class II Special Permit; exceptions, to allow maneuvering on public street (S.E. 1st
Street) of three (3) loading trucks;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub -Section 906.9. Tem-
porary 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;
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. Tem-
porary off-street offsite parking for construction crews, criteria, to allow temporary off-
street offsite parking, for construction crews working on a residential project under con-
struction, within R-3 or more permissive zoning district;
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 of-
fices such as watchman's quarters, leasing and sales centers;
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CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.5, Sub -Section 10.5.4.5,
CBD-Central Business District 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 Man-
ager 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:
- 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.
In determining the appropriateness of the proposed project, the Planning
Department has referred this project to the Large Scale Development Committee
(LSDC), to the Planning Internal Design Review Committee, Urban Development
Review Board and Historic Environmental and Preservation Board 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 Downtown NET District, bounded by SE
1st Street, to the north; SE 2nd Street, to the South; Biscayne Boulevard, to the east
and SE 3rd Avenue, to the west.
• It is found that the subject property is located in the "PLAT BLOCK 127N AND
PORTION of 120N" plat within the Central Business District neighborhood of the
City.
• 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 "Central
Business District".
• It is found that the proposed project is located along a Primary Pedestrian Pathway.
• It is found that the project has convenient access to the Metromover system at the
Bayfront Plaza station, located adjacent east 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 within an Archeological Conservation
area and a Certificate of Appropriateness from the Historic Environmental and
Preservation Board (HEPB) on April 3, 2007 with Resolution HEPB-2007-20 .
• It is found that the proposed residential density of the project (425 units at 193 units
per acre) is below the maximum 2,200 units (1,000 units per acre) on the 2.20± net
07-00535mu
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acre site. Per Section 903.4, the 850 hotel rooms are equivalent to 425 dwelling
units (hotel rooms = 0.50 of dwelling units).
• It is found that the total allowable combined floor area without bonuses for the 3.35±
gross acre site is unlimited. The project as proposed is not requesting any bonuses
and consists of a total FAR of 2,892,960 square feet (112,000 sq. ft. proposed retail,
2,125,000 sq. ft. of office, 535,960 sq. ft. of hotel use and 120,000 sq. ft.
exhibition/banquet hall).
• It is found that the maximum height of the proposed structure is approximately 1,049
feet. Pursuant to Article 4, Section 401, there are no height limits in the proposed
CBD district.
• It is found that the proposed total number of parking spaces (approximately 2,563)
for the project is above the required number of 2,560 parking spaces.
• It is found that the proposed open space for the project (58,600 square feet) is
above the minimum required open space (56,300 square feet at 10% GLA @ ground
level and 1 square feet per every 50 square feet over 50,000 square feet) for this
project.
• It is found that the project is expected to cost approximately $1,365,022,293 and to
employ approximately 2,260 workers during construction (FTE-Full Time
Employees); The project will also result in the creation of approximately 570
permanent new jobs (FTE) for building operations and will generate approximately
$8,822,895 annually in tax revenues to the City (2007 dollars).
• It is found that the Miami -Dade Aviation Department has not provided a Height
Analysis review of the proposed project.
• It is found that on January 11, 2007, the City of Miami Public Works Department
provided a review of the project and commented the following street improvements
shall be required: (1) S.E. 1st Street — Replace all damaged sidewalk, curb and
gutter adjacent to the project site and mill and resurface the entire width, curb to
curb, between S.E. 3rd Avenue and Biscayne Boulevard; (2) S.E. 2nd Street —
Coordinate replacement of all damaged sidewalks, curb and gutter adjacent to the
project site with the Florida Department of Transportation; (3) S.E. 3rd Avenue —
Replace all damaged sidewalk, curb and gutter adjacent to the project site and mill
and resurface the entire width, curb to curb, between S.E. 2nd Street and S.E. 1st
Street; (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. Please contact the City's Planning Department
and City's CIP/Transportation Department for Burle Marx Decorative Sidewalk
implementation requirements.
• It is found that Miami -Dade Public Schools provided a preliminary review of the
proposed project on May 8, 2007. The student population generated by this
development is estimated at 88 students. The schools serving this area of
application are Riverside Elementary (42 students) — 142% Florida Inventory School
Houses (FISH) Capacity with the proposed project; Frederick Douglas and Jose De
Diego Middle (19 students) — 71% FISH and Booker T. Washington Senior High (27
07-00535mu
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students) — 69% FISH. Pursuant to the interlocal agreement, only Fredrick Douglas
and Jose De Diego Middle along with Booker T. Washington Senior High meet the
review threshold of 115%.
• It is found that the Large Scale Development Committee reviewed the project on
January 31, 2007 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that the proposed project was reviewed by the Internal Design Review
Committee of the Planning Department on March 13, 2007, and the following revised
pertinent comments were made: Context/Urban Design — (1) The committee
recommends that the ground floor along Biscayne Boulevard to be developed
further. Consider the addition of a street side cafe that would use smaller version of
the current proposed plaza as its seating area; Building Height - (1) The applicant
shall comply with Miami -Dade County Ordinance 04-203, Section 33-335. This
ordinance states that all building heights reviewed by the Dade County Aviation
Department shall be in accordance with the "Airport Height Zoning Area Map for
Miami International Airport. The proposed height of one the building does not comply
with the current ordinance; Parking Garage/Loading — (1) The applicant shall
reduce the number of proposed parking. Section 605.10.3.4 allows for a 10%
reduction for being within 600 feet of a Metromover station. If the applicant desires
to provide the total number of parking spaces, it shall explore the option of providing
underground parking, off -site parking, or robotic system to alleviate the verticality of
the parking garage; Pedestrian Bridge — (1) The committee recommends against
the proposed pedestrian bridge from the metromover station to the building. The
pedestrians need to access the building from the street level/public right of way.
• It is found that on April 4, 2007, the City's Traffic Consultant, URS Corp., provided a
review (W.O. #175) of the Traffic Impact Analysis submitted by the applicant and
has found the traffic analysis sufficient base on the following transportation control
measures; (1) Provide transit information within the lobby of the project's buildings,
(2) Provide designated bicycles storage areas and shower facilities for
tenants/employees within the project's buildings, (3) Require tenants to provide
free/subsidized Metroraii/Metromover passes to emplyees (Miami -Dade Transit
Corporate Metro Pass Program). Metromover is currently free, (4) Provide rent
discounts for tenants who encourage carpooling and encourage transit ridership, (5)
Provide a discount on rent if the tenant utilizes Tess parking spaces or charge higher
fees for tenants needing additional reseved parking spaces, (6) Provide an on -site
rideshare coordinator (South Florida Commuter Service program), (7) Provide
designated, reserved and preferred parking spaces for carpool/vanpool vehicles
(South Florida Commuter Service Program), (8) Provide a hotel shuttle to/from the
airport.
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 Taws and pay all applicable fees due prior to the issuance of a building permit.
07-00535mu
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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
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.
07-00535mu
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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) The ground floor along Biscayne
Boulevard shall incorporate street side cafe to activate the proposed plaza and its
seating; (b) The project should take advantage of the allow ten (10) percent reduction of
parking for being located within six hundred (600) feet of a Metromover station. In
addition, the applicant shall reduce the verticality of the parking garage by exploring the
possibilities of providing underground parking, off -site parking, or robotic parking; (c)
The project as presented exceeds the current maximum allowed height of the Miami -
Dade Aviation Department (MDAD) of 949 feet AMSL. If prior to the issuance of the
building permit for One Bayfront Plaza, Miami -Dade County adopts a new ordinance
which allows for greater height (1,049 feet AMSL), then this project may be built to the
highest approved height by said Ordinance; (d) The proposed pedestrian bridge is
denied. Pedestrians should access the building from the street/public right of way.
12) Pursuant to comments by the City of Miami Public Works Department, the following
street improvements shall be required: (a) S.E. 1st Street — Replace all damaged
sidewalk, curb and gutter adjacent to the project site and mill and resurface the entire
width, curb to curb, between S.E. 3rd Avenue and Biscayne Boulevard; (b) S.E. 2nd
Street — Coordinate replacement of all damaged sidewalks, curb and gutter adjacent to
the project site with the Florida Department of Transportation; (c) S.E. 3rd Avenue —
Replace all damaged sidewalk, curb and gutter adjacent to the project site and mill and
resurface the entire width, curb to curb, between S.E. 2nd Street and S.E. 1st Street; (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. Please contact the City's Planning Department and City's
ClP/Transportation Department for Burle Marx Decorative Sidewalk implementation
requirements.
13) 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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ZONING ATLAS MAP
0
150
300 600 Feet
1 I I
ADDRESS: ONE BAYFRONT PLAZA
150
300
FUTURE LAND USE MAP
600 Feet
ADDRESS: ONE BAYFRONT PLAZA
0
150 300 600 Feet
I ► t 1 I
ADDRESS: ONE BAYFRONT PLAZA
No. Name
Projects in the Vicinity
One Bayfront Plaza
07-00535mu
Floors
Units
Status
1. One Miami Parcel A
2. Dupont Tower
3. Met 3
4. Met 2
5. Met 1
46 896 Under Const. #
60 1,228 Under Const.#
73 650 Under Const. #
46 30 Under Const.#
40 447 Under Const. #
#-Indicates Mixed -Use Project with Retail and/or Office uses
07-00535mu - Projects in the Vicinity
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO :
FROM :
Ana Gelabert-Sanchez
Director
Planning Department
%C\2(\ -
Stephanie N. Grindell, P.E.
Director
Public Works Department
DATE :
SUBJECT :
REFERENCES:
ENCLOSURES:
January 11, 2007
FILE :
Large Scale Development Review -
ONE BAYFRONT PLAZA
The Public Works Department has reviewed the Large Scale Development plans for the
development entitled ONE BAYFRONT PLAZA located at 100 S. Biscayne Boulevard
and has the following comments.
1. S.E. 1st Street is zoned 75 feet and an additional 2.5 feet of right of way
dedication is required along the street. This additional right of way
dedication may significantly reduce the NET LOT AREA and affect the
required setbacks.
2. 25 foot corner radius dedication are required at the intersections of the
base building lines on the northeast, northwest and southwest corners of
the site.
3. The proposed structure encroaches beyond the zoned right of way line
(base building line) of S.E. 1st Street by the stairwell, colonnade and levels
4-14 and the corners of the tower levels 18-59 encroach beyond the 25 feet
corner radius on the southeast corner of the site. The proposed building is
not permitted to encroach beyond the base building line at any level, above
or below grade.
4. Insufficient maneuvering space is provided in the loading area for trucks
to enter/exit the loading stalls while other spaces are occupied. Provide
dimensions of the loading/trash area and of the stalls.
5. The maximum slope for a driveway ramp sloping downward toward the
street is 1:10 for the last 20 feet to the property line. All stormwater must be
retained on site including the driveways and plazas on private property
adjacent to the public streets. All plazas and driveways must be graded or
trench drains provided to prevent "sheet flow" from entering the right of
way. If deep drainage wells are selected for stormwater disposal, they
must be located on -site in an open area to accommodate future
maintenance access.
6. The existing street elevations vary from +12' on S.E. 3rd Avenue to +6' on
Biscayne Boulevard. All transitions from the established street profile
grade to the building floor elevation must be accomplished on private
property. Stairs, ramps, retaining walls, etc. will not be permitted in the
Ana Gelabert-Sanchez
Director
Planning Department
Page 2
January 11, 2007
7. An agreement between the City of Miami and the property owner is
required for any landscaping and decorative sidewalk treatment located in
the public right of way. Public Works approval and permit is required for
any landscaping improvements in the right of way. A F.D.O.T. permit is
required on Biscayne Boulevard and S.E. 2nd Street. Coordination with the
planning department is strongly suggested for the "Burle Marx" decorative
sidewalk plan along Biscayne Boulevard.
8. Continuous pedestrian sidewalk is required within the public right of way
abutting the project site without requiring pedestrians to enter private
property. The sidewalk width must maintain 5 feet in order to comply with
A.D.A. clearance requirements. All greenspace and landscaping required
by the Zoning Ordinance must be accommodated on private property.
Greenspace and landscaping within the public right of way cannot be
included in the calculations for meeting greenspace zoning requirements.
9. City of Miami driveway entrances, in compliance with A.D.A. standards,
shall be required on S.E. 3rd Avenue and S.E. 1st Street. Continuous
sidewalk is required across driveway entrances. The maximum driveway
width is 40 feet. A F.D.O.T. permit is required for new driveways on S.E. 2
Street. Driveways on S.E. 2nd Street shall conform to FDOT standards.
10. Public Works policy requires that no closures of vehicular travel lanes will
be permitted during the course of construction unless a temporary
replacement lane, approved by the Public Works Department, is
constructed and maintained by the Contractor throughout the duration of
the lane closure. A maintenance of traffic plan is required for any
temporary right of way closure request.
11. In order to mitigate traffic congestion and problems associated with
unregulated parking throughout the neighborhood, the
Contractor/Developer shall be required to provide approved, designated
off -site parking for workers and a shuttle service to the work site. The
parking/shuttle plan shall be coordinated with the local City of Miami
NET Service Center.
12. This project is more than one acre in total construction area. Therefore,
sediment and erosion control methods of construction must comply with
the City of Miami Municipal Separate Storm Sewer Permit (MS4). This
project will require a Florida Department of Environmental Protection
(DEP) Stormwater, Erosion and Sediment permit. For additional
information, please contact the Public Works Department at (305) 416-1200
or www.dep.state.fl.us/water/stormwater/npdes.
In addition to these comments, the Public Works Department will require the following
street improvements:
Ana Gelabert-Sanchez January 11, 2007
Director
Planning Department
Page 3
S.E. 1st Street: Replace all damaged sidewalk, curb and gutter adjacent to the project
site and mill and resurface the entire width, curb to curb, between S.E. 3rd Avenue and
Biscayne Boulevard.
S.E. 2nd Street: Coordinate replacement of all damaged sidewalk, curb and gutter
adjacent to the project site with the Florida Department of Transportation.
S.E. 3rd Avenue: Replace all damaged sidewalk, curb and gutter adjacent to the project
site and mill and resurface the entire width, curb to curb, between S.E. 2nd Street and S.E.
1st Street.
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. Please contact the City's Planning Department and the City's
CIP/Transportation Department for Burle Marx Decorative Sidewalk implementation
requirements.
Pavement restoration for all water and sewer extensions, existing damaged pavement
and pavement damaged during construction, asdetermined by the City inspector, shall
include milling and resurfacing of the full pavement width, curb to curb, along the
entire length of the excavation and/or damaged pavement area. Handicap ramps, in
compliance with ADA standards, are required at all corners adjacent to the project site.
A thorough cleaning of all stormwater drainage inlets and storm sewer pipes adjacent to
the building site shall be required at the completion of the project. The streets and
avenues adjacent to the project site must be clear of dust and construction debris at all
times.
If you have any questions concerning these comments, please call Ms. Elyrosa Estevez,
Professional Engineer III, at extension 1217.
SNG/ JI EE
1144a'1
c: TERRA ARCHITECTURE
232 Andalucia Avenue
Coral Gables, Florida 33134
Stephanie Grindell, P.E., Director of Public Works
Francis Mitchell, P.E., Assistant Public Works Director
Roberto Lavernia, Chief of Land Development, Planning Department
Manuel A. Vega, P.E., Zoning Department
bc: Development and Roadway Plans Section
Central
**PRELIMINARY**
SCHOOL IMPACT REVIEW ANALYSIS
May 8, 2007
FOR INFORMATIONAL PURPOSES ONLY; THE REQUIREMENTS UNDER THE INTERLOCAL
AGREEMENT FOR SCHOOL FACILITY PLANNING ARE NOT TRIGGERED SINCE THE
APPLICANT IS NOT REQUESTING ADDITIONAL RESIDENTIAL DENSITY OVER WHAT IS
CURRENTLY ALLOWED IN THE PROPERTY'S ZONING CLASSIFICATION.
APPLICATION: One Bayfront Plaza
(LSD Meeting January 31, 2007)
ZONING: Central Business District (1,000 DU/acre)
REQUEST: Large Scale Development
ACRES: +2.25 net acres
LOCATION: 100 South Biscayne Blvd., Miami,
MSA/
MULTIPLIER: 4.7 / .27
NUMBER OF
UNITS: 650 hotel units (650 x .5 = 325 residential units)
ESTIMATED STUDENT
POPULATION: 88
ELEMENTARY:
MIDDLE:
SENIOR HIGH:
42
19
27
SCHOOLS SERVING AREA OF APPLICATION
ELEMENTARY:
MIDDLE:
SENIOR HIGH:
Riverside Elementary — 1190 SW 2 Street
Frederick Douglass Elementary — 314 NW 12 Street
Jose De Diego Middle — 3100 NE 5 Avenue
Booker T. Washington Senior High — 120 0 NW 6 Avenue
All schools are located in Regional Center IV.
*Based on Census 2000 information provided by Miami -Dade County Department of Planning and
Zoning.
The following population and facility capacity data are as reported by the Office of
Information Technology, as of October 2006:
Riverside
Elementary
Frederick
Douglass
Elementary
Jose De Diego
Middle
Booker T.
Washington
Senior High
% UTILIZATION
% UTILIZATION NUMBER OF FISH DESIGN
FISH DESIGN FISH DESIGN PORTABLE CAPACITY
STUDENT CAPACITY CAPACITY STUDENT PERMANENT AND CUMULATIVE
POPULATION PERMANENT PERMANENT STATIONS RELCOATABLE STUDENTS"
1,043
1,064
530
551
896
915
1,535
749
772
1,043
2,270
1,562 69%
139%
142%
69%
71%
86%
88%
68%
139%
142%
56%
58%
86%
0 2,912
0
172
0
88%
68%
69%
1,898
1,372
4,876
`Student population increase as a result of the proposed development
**Estimated number of students (cumulative) based on zoning/land use log (2001- present) and
assuming all approved developments are built; also assumes none of the prior cumulative
students are figured in current population. o
Notes:
1) Figures above reflect the impact of the class size amendment.
2) Pursuant to the Interlocal Agreement, only Riverside Elementary meets the review
threshold.
PLANNED RELIEF SCHOOLS IN THE AREA
(Information included in proposed 5-Year Capital Plan, 2006-2010, dated November 2006)
Projects in Planning, Design or Construction
School Status
N/A
Proposed Relief Schools
School
N/A
Projected Occupancy Date
Funding year
OPERATING COSTS: Accounting to Financial Affairs, the average cost for K-12 grade students
amounts to $6,549 per student. The total annual operating cost for additional students residing
in this development, if approved, would total $576,312.
CAPITAL COSTS: Based on the State's May 2007 student station cost factors*, capital costs
for the estimated additional students to be generated by the proposed development are:
ELEMENTARY 42 x $18,468 = $775,656
MIDDLE 19 x $19,943 = $378,917
SENIOR HIGH 27 x $25,905 = $699,435
Total Potential Capital Cost $1,854,008
*Based on Information provided by the Florida Department of Education, Office of Educational
Facilities Budgeting. Cost per student station does not include land cost.
April 4, 2007
Ms. Lilia I. Medina, AICP
Assistant Transportation Coordinator
City of Miami, Office of the City Manager/Transportation
444 SW 2nd Avenue (10th Floor)
Miami, Florida 33130
Re: One Bayfront Plaza (100 South Biscayne Boulevard)
Sufficiency Letter — W. O. # 175
Dear Ms. Medina:
`,,,
/ j
Via Fax and US'ijiail -,
/. i
c,
Subsequent to our February 27, 2007 review comments for the subject project, we have
received the formal response from Kimley-Horn and Associates Inc. (KH4) dated April 2, 2007.
Photocopy of KHA's responses are attached herewith.
At the Large Scale Development Committee meeting for this project held on January 31, 2007,
one of the major issues raised was the large volume of vehicular traffic that will need to access
the site during the AM peak hour and the resulting long vehicular queues anticipated to be
formed at the entrance driveways to the project along SE 1st Street and SE 2nd Street. The
applicant's Traffic Impact Analysis proposes to make maximum use of the trip reductions related
to transit and pedestrian facilities per the adopted Miami Downtown Development of Regional
Impact, Increment II; a total trip reduction of 32.6% (22.6% transit and 10% pedestrian) to
minimize the traffic impact. Further, the final recommendations from the Du Pont Plaza Traffic
Circulation Project Development and Environment Study indicate that SE 2nd Street will remain
one-way westbound. In addition, the City is not considering converting SE 1st Street to two-way
traffic. SE 1st Street was transferred to the City by the Florida Department of Transportation
(FDOT) on May 26, 2006. Maintaining the three -lanes in the eastbound direction along SE 1st
Street and five -lanes along SE 2nd Street could ease the capacity problems associated with the
queuing and leave enough lane capacity for other vehicular traffic.
In order to achieve the large trip reduction, the applicant's response states they will commit to
the following specific Transportation Control Measures:
1. Provide transit information within the lobby of the project's buildings.
2. Provide designated bicycles storage areas and shower facilities for tenants/employees
within the project's buildings.
3. Require tenants to provide free/subsidized Metrorail/Metromover passes to employees
(Miami -Dade Transit Corporate Metro Pass Program). Metromover is currently free.
4. Provide rent discounts for tenants who encourage carpooling and encourage transit
ridership.
URS Corporation
Lakeshore Complex
5100 NW 33rd Avenue, Suite 150
Fort Lauderdale, FL 33309-6375
Tel: 954.739.1881
Fax: 954.739.1789
Sufficiency Letter - W. O. if 175
One Bayfront Plaza (100 South Biscayne Boulevard)
Ms. Lilia I. Medina, AICP
April 4, 2007
Page 2 of 2
5. Provide a discount on rent if the tenant utilizes less parking spaces or charge higher
fees for tenants needing additional reserved parking spaces.
6. Provide an on -site rideshare coordinator (South Florida Commuter Services Program).
7. Provide designated, reserved and preferred parking spaces for carpool/vanpool vehicles
(South Florida Commuter Services Program).
8. Provide a hotel shuttle to/from the airport.
The applicant has proffered to provide a direct, enclosed connection (an elevated pedestrian
bridge) from the project site across Biscayne Boulevard to the Bayfront Park Metromover
Station. The City's design standards do not promote elevated pedestrian bridges, but, rather, at
grade crossings to enhance pedestrian activity at the street level. Instead, the applicant should
complete a pedestrian study in accordance with the requirements of FDOT to analyze the need
for a pedestrian crosswalk at the SE 1st Street signalized intersection across Biscayne
Boulevard (south leg). Currently, there is no pedestrian crosswalk at that location. There is
also no crossing at the intersection of SE 2nd Street and Biscayne Boulevard to allow
pedestrians a direct connection to the Metromover Station. The study should be completed
before the issuance of a building permit for the project. If warranted, the applicant should fund
and construct the pedestrian crosswalk before the issuance of a Certificate of Occupancy.
The development approval should be conditioned upon the applicant fulfilling the commitments
noted above. Further, the site plan should identify the location of the designated bicycle storage
area and public shower facilities.
In response to the vehicle maneuvering (turning path), the response letter states that the
loading area design showing vehicle maneuverability was reviewed and approved by Elyrosa
Estevez, P.E., City of Miami Public Works Department. Further, the applicant is proposing to
have a dock -master to schedule and receive the delivery vehicles. We received a copy of the
plans and they are attached. Vehicles serving the hospitality trade such as limousines and tour
busses are recommended to access/egress through the parking areas internal to the buildings.
At this time, we conclude that the applicant's Traffic Impact Analysis report, along with the
subsequent submittal, meet all the traffic requirements and the study is found to be sufficient
with the aforementioned conditions. Should you have any questions, please call me at
954.739.1881.
Si
Ra Shanm. • . m P E.
Se for Traffic Engineer
Attachments
cc: Mr. Antonio E. Perez, Planner II, City of Miami (Fax: 305.416.1443)
Mr. John McWilliams, PE, KHA, Inc. (Fax: 954.739.2247)
NMI rl Kimley-Horn
and Associates, Inc.
April 2, 2007
Mr. Raj Shanmugam, P.E.
URS Southern Corporation
5100 NW 33rd Avenue, Suite 150
Fort Lauderdale, FL 33309
Re: One Bayfront Plaza
MUSP Traffic Impact Analysis
Response to Comments
Dear Mr. Shanmugam:
We received your comments dated February 27, 2007, regarding the traffic study °
submitted for the above referenced project. We offer the following responses:
1. For transit and pedestrians, the 22.6% and 10% reductions are the
maximum trip reduction allowed for model split consistent with the
Downtown DRI II. If using the maximum reduction, the application
needs to have realistic TCMs that can support the maximum model
splits.
Comment noted.
2. As discussed at the March 23 meeting at FDOT, the proposed valet
service will increase the number of trips made by the same vehicle. As
such, the traffic entering and exiting the driveways will have to be
modified. The analysis will have to reflect the correct volumes using the
driveways and as a result the traffic volumes at the adjacent roadways.
Also note, the passenger drop-off will result in delays to vehicles entering
the driveway, and should be reflected in the traffic analysis.
The analysis has been updated to account for the valet service for both the
hotel and the exhibition area. All affected outputs are attached. As indicated
by the attached tables, all studied intersections and transportation corridors
will continue to operate at acceptable LOS with the revisions.
A general Transportation Control Measures Plan (TCMP) has been included
in the revised report. Additionally, the applicant has agreed to the following
specific TMCP measures:
■
TEL 954 535 5100
FAX 954 739 2247
■
Suite 109
5200 N.W. 33rd Avenue
FI. Lauderdale, Florida
33309
rlKimley-Horn
and Associates, Inc.
Mr. Raj Shanmugam, P.E., April 2, 2007, Pg. 2
■ Provide transit information within the lobby of the building.
• Provide bicycle storage areas and shower facilities for
tenants/employees. Require tenants to provide free/subsidized
MetroraiUMetromover passes to employees.
• Provide rent discounts for tenants who encourage carpooling and
transit ridership. For instance, provide a discount on rent if the
tenant utilizes less parking spaces or charge higher fees if tenants
need additional reserved parking spaces.
• Provide an onsite rideshare coordinator.
• Provide reserved/preferred parking spaces for carpool/vanpool
vehicles.
■ Provide a direct, enclosed connection to the adjacent Metromover
station.
• Provide a hotel shuttle to/from the airport.
We trust these responses should address your comments. Should you have any
questions, please feel free to contact me.
Very truly yours,
KIMLEy^ ' N AND ASSOCIATES, INC.
J�Shn J. Williams,
Attachments
G:\043103000-One Bayfront Plaza\Correspondence\04 02 07 URS Itr.doc
RECEIVED
APR 0 2 2007
City of Miami
Legislation
Resolution
City Hall
3500 Pan
American Drive
Miami, FL 37033
www.miamigov.com
File Number: 07-00535mu Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO
ARTICLES 13, AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR
THE ONE BAYFRONT PLAZA PROJECT TO BE LOCATED AT APPROXIMATELY
100 SOUTH BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT A MIXED
USE TOWER OF APPROXIMATE 1,049 FEET AND 0 INCHES IN HEIGHT WITH 70
STORY; TO BE COMPRISED OF APPROXIMATELY 850 HOTEL ROOMS AND
RECREATIONAL AMENITIES; APPROXIMATELY 112,000 SQUARE FEET OF RETAIL
SPACE, APPROXIMATELY 120,000 SQUARE FEET OF EXHIBITION/BANQUET
SPACE; APPROXIMATELY 2,125,000 SQUARE FEET OF OFFICE SPACE,
APPROXIMATELY 535,960 SQUARE FEET OF HOTEL USE; AND APPROXIMATELY
2,563 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS
OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING
EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on March 30, 2007, Tibor Hollo (referred to as "APPLICANT"),
submitted a complete Application for Major Use Special Permit for One Bayfront Plaza
(referred to as "PROJECT") pursuant to Articles 13 and 17 of Zoning Ordinance
No. 11000, for the properties located at approximately 100 South Biscayne Boulevard,
Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Major Use
Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended; and
WHEREAS, development of the Project requires the issuance of a Major Use
Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on January 31, 2007
to consider the proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on February 21, 2007,
and consider the proposed project and recommended APPROVAL with
recommendations; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on May 16,
2007 Item No. 2, following an advertised public hearing, adopted Resolution No. PAB *-*
by a vote of --- to --- (*-*), recommending with conditions as presented in the Major
Use Special Permit Development Order as attached and incorporated; and
City of Miami Page 1 of 13 Printed On: 5/10/2007
File Number. 07-00535mu
WHEREAS, the City Commission deems it advisable and in the best interest of
the general welfare of the City of Miami to issue a Major Use Special Permit
Development Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this
Resolution are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. A Major Use Special Permit Development Order, incorporated
within, is approved subject to the conditions specified in the Development Order, per
Article 17 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the
applicant, located at approximately 100 South Biscayne Boulevard, Miami, Florida,
more particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of a mixed use
tower of approximate 1,049 feet and 0 inches in height with 70 story; to comprise of
approximately 850 hotel rooms and recreational amenities; approximately 112,000 square
feet of retail space, approximately 120,000 square feet of exhibition/banquet space,
approximately 2,125,000 square feet of office space, approximately 535,960 square feet of
hotel use and approximately 2,563 total parking spaces.
Section 4. The Major Use Special Permit Application for the Project also
encompasses the lower ranking Special Permits as set forth in the Development Order.
Section 5. The findings of fact set forth below are made with respect to the
subject PROJECT:
a. The PROJECT is in conformity with the adopted Miami Comprehensive
Neighborhood Plan, as amended.
b. The PROJECT is in accord with the proposed CBD (Central Business
District) zoning classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the
City of Miami, Florida, as amended.
c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan
aspects of the PROJECT that have been found by the City Commission (based upon
facts and reports prepared or submitted by staff or others) to adhere to the following
Design Review Criteria subject to the any applicable conditions in the Development
Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
I) Site and Urban Planning:
(1) Respond to the physical Yes *No
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Yes *No
City of Miami Page 2 of 13 Printed On: 5/10/2007
File Number. 07-00535mu
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner lots Yes *Yes
should be oriented to the corner
and public street fronts.
II) Architecture and Landscape Architecture:
(1) A project shall be designed Yes *Yes
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood Yes *Yes
context;
(3) Create a transition in bulk Yes *Yes
and scale;
(4) Use architectural styles Yes *Yes
and details (such as roof lines
and fenestration), colors and
materials derivative from
surrounding area;
(5) Articulate the building facade Yes *Yes
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
III) Pedestrian Oriented Development:
(1) Promote pedestrian
interaction;
(2) Design facades that
respond primarily to the
human scale;
(3) Provide active, not blank
facades. Where blank walls
are unavoidable, they should
receive design treatment.
IV) Streetscape and Open Space:
Yes
Yes
Yes
*Yes
*No
*Yes
(1) Provide usable open space Yes *Yes
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant Yes *Yes
material, trellises, special
pavements, screen walls, planters
and similar features should be
City of Miami Page 3 of 13 Printed On: 5/10/2007
File Number: 07-00535mu
appropriately incorporated to
enhance the project.
V) Vehicular Access and Parking:
(1) Design for pedestrian and Yes *No
vehicular safety to minimize
conflict points;
(2) Minimize the number and Yes *No
width of driveways and curb
cuts;
(3) Parking adjacent to a street Yes *Yes
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas Yes *N/A
as district buffer.
VI) Screening:
(1) Provide landscaping that Yes *N/A
screen undesirable elements,
such as surface parking lots,
and that enhances space and
architecture;
(2) Building sites should locate Yes *Yes
service elements like trash
dumpster, loading docks, and
mechanical equipment away
from street front where possible.
When elements such as
dumpsters, utility meters,
mechanical units and service
areas cannot be located away
from the street front they should
be situated and screened from
view to street and adjacent
properties;
(3) Screen parking garage Yes *Yes
structures with program uses.
Where program uses are not
feasible soften the garage
structure with trellises,
landscaping, and/or other
suitable design element.
VII) Signage and Lighting:
(1) Design signage appropriate
Yes **N/A
City of Miami Page 4 of 13 Printed On: 5/10/2007
File Number: 07-00535mu
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes **N/A
feature to the building facade,
on and around landscape
areas, special building or
site features, and/or signage;
(3) Orient outside lighting to Yes **N/A
minimize glare to adjacent
properties;
(4) Provide visible signage Yes **N/A
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
(1) Preserve existing vegetation Yes *N/A
and/or geological features
whenever possible.
IX) Modification of Nonconformities:
(1) For modifications of N/A *N/A
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform N/A *N/A
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
*Compliance is subject to conditions.
** Not applicable at this time, subject to review and approval.
These findings have been made by the City Commission to approve this project with
conditions.
d. The PROJECT is expected to cost approximately $1,365,022,293 and to
employ approximately 2,260 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 570 permanent new jobs
(FTE) for building operations and will generate approximately $8,822,895 annually in tax
revenues to the City (2007 dollars).
e. The City Commission further finds that:
City of Miami Page 5 of 13 Printed On: 5/10/2007
File Number: 07-00535mu
(1) the PROJECT will have a favorable impact on the economy of the
City;
(2) the PROJECT will efficiently use public transportation facilities;
(3) any potentially adverse effects of the PROJECT will be mitigated
through compliance with the conditions of this Major Use Special Permit;
(4) the PROJECT will favorably affect the need for people to find
adequate housing reasonably accessible to their places of employment;
(5) the PROJECT will efficiently use necessary public facilities;
(6) the PROJECT will not negatively impact the environment and
natural resources of the City;
(7) the PROJECT will not adversely affect living conditions in the
neighborhood;
(8) the PROJECT will not adversely affect public safety;
(9) based on the record presented and evidence presented, the public
welfare will be served by the PROJECT; and
(10) any potentially adverse effects of the PROJECT arising from
safety and security, fire protection and life safety, solid waste, heritage conservation,
trees, shoreline development, minority participation and employment, and minority
contractor/subcontractor participation will be mitigated through compliance with the
conditions of this Major Use Special Permit.
Section 6. The Major Use Special Permit, as approved and amended, shall
be binding upon the APPLICANT and any successors in interest.
Section 7. The application for Major Use Special Permit, which was
submitted on March 30, 2007, and on file with the Planning Department of the City of
Miami, Florida, shall be relied upon generally for administrative interpretations and is
incorporated by reference.
Section 8. The City Manager is directed to instruct the Planning Director to
transmit a copy of this Resolution and attachment to the APPLICANT.
Section 9. The Findings of Fact and Conclusions of Law are made with
respect to the Project as described in the Development Order for the PROJECT,
incorporated within.
Section 10. The Major Use Special Permit Development Order for the
PROJECT is granted and issued.
Section 11. In the event that any portion or section of this Resolution or the
Development Order is determined to be invalid, illegal, or unconstitutional by a court or
agency of competent jurisdiction, such decision shall in no manner affect the remaining
portions of this Resolution or Development Order which shall remain in full force and
effect.
Section 12. The provisions approved for this Major Use Special Permit, as
approved, shall commence and become operative thirty (30) days after the adoption of
the Resolution.
Section 13. This Major Use Special Permit, as approved, shall expire two (2)
years from its commencement and operative date.
City of Miami Page 6 of 13 Printed On: 5/10/2007
File Number: 07-00535mu
Section 14. This Resolution shall become effective immediately upon its
adoption and signature of the Mayor. {1}
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 13 and 17 of Ordinance No. 11000, the
Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"),
the Commission of the City of Miami, Florida, has considered in a public hearing, the
issuance of a Major Use Special Permit for One Bayfront Plaza Residential,
(hereinafter referred to as the "PROJECT") to be located at approximately 100 South
Biscayne Boulevard, Miami, Florida (see legal description on "Exhibit A", attached and
incorporated), is subject to any dedications, limitations, restrictions, reservations or
easements of record.
After due consideration of the recommendations of the Planning Advisory Board
and after due consideration of the consistency of this proposed development with the
Miami Comprehensive Neighborhood Plan, the City Commission has approved the
PROJECT, and subject to the following conditions approves the Major Use Special
Permit and issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at
approximately 100 South Biscayne Boulevard, Miami, Florida. The PROJECT is located
on a gross lot area of approximately 3.35± acres and a net lot area of approximately
2.20± acres of land (more specifically described on "Exhibit A", incorporated herein by
reference). The remainder of the PROJECT's Data Sheet is attached and incorporated
as "Exhibit B".
The proposed PROJECT will be a mixed use tower of approximate 1,049 feet and 0
inches in height with 70 story; to comprise of approximately 850 hotel rooms and
recreational amenities; approximately 112,000 square feet of retail space, approximately
120,000 square feet of exhibition/banquet space, approximately 2,125,000 square feet of
office space, approximately 535,960 square feet of hotel use and approximately 2,563
total parking spaces.
The Major Use Special Permit Application for the PROJECT also encompasses the
following lower ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (2), to
allow non-residential uses involving in excess of two hundred thousand (200,000)
square feet of floor area;
City of Miami Page 7 of 13 Printed On: 5/10/2007
File Number: 07-00535mu
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (3), to
allow a hotel involving in excess of three hundred fifty (350) rooms;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (7), for
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 requests:
CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, Class II Special Permits,
to allow erection of any new building in CBD district;
CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, Class II Special Permits,
to allow a waiver of the required five-foot setback on lots which have less than two
hundred (200) linear feet of frontage on a given street and where the location, size and
nature of adjacent buildings would preclude future redevelopment with a consistent
setback along at least one half (%) of the block;
CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, under Conditional
principal uses (8) of C-1 Restricted Commercial District, to allow banquet hall;
CLASS II SPECIAL PERMIT, as per Article 15, Sect.1512 Off -Street Parking Guides &
Standards, to allow reduction of required parking backup distance from 23'-0" to 22'-0".
CLASS II SPECIAL PERMIT, as per Article 15, Sect.1512, Section 1512, Class II
Special Permit required for waiver of design standard and guidelines to allow a waiver of
City of Miami Parking Guides & Standards requirement of one (1) additional foot in stall
dimension where the side of any stall abuts a wall, fence, building, or other physical
obstruction, to allow the minimum stall width dimension of 8'-6" from face of any
obstruction;
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 of eight (8) 12'x35'x15' loading berth
dimensions to eight (8) 10'x 25'x15' as follows;
Required
Proposed
Four (4) 12 feet wide x 35 feet long x 15 feet high
Five (5) 12 feet wide x 55 foot long x 15 feet high
Three (3) 12 feet wide x 55 feet long x 15 feet high
Eight (8) 10 feet wide x 25 foot long x 15 feet high
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 II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -Section 917.1.1,
Parking maneuvers on public streets or sidewalks prohibited; backing into an alley by
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File Number: 07-00535mu
Class II Special Permit; exceptions, to allow maneuvering on public street (S.E. 1st
Street) of three (3) loading trucks;
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;
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 residential project under
construction, within R-3 or more permissive zoning district;
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 10.5, Sub -Section 10.5.4.5,
CBD-Central Business District 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:
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 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.
City of Miami Page 9 of 13 Printed On: 5/10/2007
File Number: 07-00535mu
The PROJECT shall be constructed substantially in accordance with plans and
design schematics on file prepared by Terra Architecture, dated March 7, 2007; the
landscape plan shall be implemented substantially in accordance with plans and design
schematics on file prepared by AMP Art & Design, dated March 5, 2007; said design and
landscape plans may be permitted to be modified only to the extent necessary to comply
with the conditions for approval imposed herein; all modifications shall be subject to the
review and approval of the Planning Director prior to the issuance of any building
permits; and
The PROJECT conforms to the requirements of the proposed CBD (Central
Business District) zoning classification, as contained in the Zoning Ordinance, the
Zoning Ordinance of the City of Miami, Florida, as amended. The proposed
comprehensive plan future land use designation on the subject property allows the
proposed uses.
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.
City of Miami
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File Number: 07-00535mu
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 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) The ground floor along Biscayne
Boulevard shall incorporate street side cafe to activate the proposed plaza and its
seating; (b) The project should take advantage of the allow ten (10) percent reduction of
parking for being located within six hundred (600) feet of a Metromover station. In
addition, the applicant shall reduce the verticality of the parking garage by exploring the
possibilities of providing underground parking, off -site parking, or robotic parking; (c) The
project as presented exceeds the current maximum allowed height of the Miami -Dade
Aviation Department (MDAD) of 949 feet AMSL. If prior to the issuance of the building
permit for One Bayfront Plaza, Miami -Dade County adopts a new ordinance which
allows for greater height (1,049 feet AMSL), then this project may be built to the highest
approved height by said Ordinance; (d) The proposed pedestrian bridge is denied.
Pedestrians should access the building from the street/public right of way.
12) Pursuant to comments by the City of Miami Public Works Department, the following
street improvements shall be required: (a) S.E. 1st Street — Replace all damaged
sidewalk, curb and gutter adjacent to the project site and mill and resurface the entire
width, curb to curb, between S.E. 3rd Avenue and Biscayne Boulevard; (b) S.E. 2"d
Street — Coordinate replacement of all damaged sidewalks, curb and gutter adjacent to
the project site with the Florida Department of Transportation; (c) S.E. 3rd Avenue —
Replace all damaged sidewalk, curb and gutter adjacent to the project site and mill and
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File Number: 07-00535mu
resurface the entire width, curb to curb, between S.E. 2nd Street and S.E. 1st Street; (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. Please contact the City's Planning Department and City's
CIP/Transportation Department for Burle Marx Decorative Sidewalk implementation
requirements.
13) 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.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date
of its issuance; the issuance date shall constitute the commencement of the thirty (30)
day period to appeal from the provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami
Comprehensive Neighborhood Plan, as amended, is consistent with the orderly
development and goals of the City of Miami, and complies with local land development
regulations and further, pursuant to Section 1703 of the Zoning Ordinance:
(1) the PROJECT will have a favorable impact on the economy of the City;
and
(2) the PROJECT will efficiently use public transportation facilities; and
(3) the PROJECT will favorably affect the need for people to find adequate
housing reasonably accessible to their places of employment; and
(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural
resources of the City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be mitigated through
conditions of this Major Use Special Permit.
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File Number. 07-00535mu
The proposed development does not unreasonably interfere with the achievement of the
objectives of the adopted State Land Development Plan applicable to the City of Miami.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
..Footnote
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten
calendar days from the date it was passed and adopted. If the Mayor vetoes this
Resolution, it shall become effective immediately upon override of the veto by the City
Commission.
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