HomeMy WebLinkAboutAnalysisANALYSIS
SUBSTANTIAL MODIFICATION TO A
PREVIOUSLY APPROVED MAJOR USE SPECIAL PERMIT
for
1700 BISCAYNE BOULEVARD
located at approximately
1700 Biscayne Boulevard
LEGISTAR FILE ID: 07-01268mm
PROJECT PROFILE:
This submittal is a substantial modification to a previously approved Major Use Special
Permit for the 1700 Biscayne Boulevard project as per resolution (R-09-0201), and consists
of:
A) Increase the gross lot area from 152,811 square feet (3.51 acres) to 198,614 square
feet (4.56 acres), and the net lot area from 103,408 square feet (2.37 acres) to
132,593 square feet (3.04 acres),
B) Add a new third tower to the project originally approved with two,
C) Tower No. 3 facing NE 2nd Avenue, will consist of 153 residential units and 216 hotel
rooms with a total of 330,963 square foot of floor area and 100,051 square feet of
office space for a total combined space of 431,014 square feet, and a total height of
— 499' — 0" N.G.V.D,
D) Increase the number of parking spaces to from 1369 to 1,507,
E) Increase the retail space from 140,281 square feet to approximately 181,183 square
feet,
F) Increase the lobby space from 3,734 square feet to approximately 4,638 square feet,
G) Decrease the residential area of tower No.2 to from —520,328 square feet to
385,278 square feet,
H) Decrease the number of residential units of tower No.2 from 358 to 258, and
I) Decrease the height of tower No.2 from 552'— 0" N.G.V.D to 452' — 0" N.G.V.D,
The analysis of the proposed modifications to "1700 Biscayne Boulevard" project are limited to
the provisions of the Zoning Ordinance 11000, and deemed substantial per Section 2215.1(b):
• The base footprint of the building is proposed to be moved by more than ten (10)
feet in any horizontal direction. New Tower No. 3, and land totaling 0.67 net
acres is being added to and made part of the project.
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This Major Use Special Permit encompasses the following Special Permits and Requests:
• CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 606.3, to allow new
construction in the SD-6 Central Commercial -Residential district;
• All Special Permits and Requests approved under MUSP Resolution No. 09-0201, will
remain in full force and effect.
Pursuant to Articles 13, 17 and 22 of Zoning Ordinance 11000, approval of the
requested Substantial Modification to a Major Use Special Permit shall be considered
sufficient for the subordinate permits requested and referenced above as well as any other
special approvals required by the City which may be required to carry out the requested
plans.
FINDINGS
In determining the appropriateness of the proposed project, the Planning Department referred
this project for additional input and recommendation to:
• Planning Internal Design Review Committee;
• Large Scale Development Committee (LSDC); and
• The Urban Development Review Board;
Recommendations from the aforementioned Committees and Boards have been considered in
the preparation of the following findings:
• The zoning designation for the subject properties is SD-6 (Central Commercial
Residential District).
• Land Use category for the property is "Restricted Commercial" with Urban Central
Business District (UCBD) overlay.
• Modifications do not increase the maximum height of the project, being 609' — 0"
N.G.V.D. in tower No.1.
• The proposed project is located along a Primary Pedestrian Pathway and the
modifications will benefit the area by creating residential units, hotel rooms, and
commercial uses along Biscayne Boulevard.
• The project has convenient access to the mass transportation system at the Adrienne
Arsht Center Metromover Station, located approximately two blocks south of the subject
property.
• The proposed project is located within the Downtown Development of Regional Impact
(DRI) area. The DRI fees will be calculated and payable when DRI credits are reserved;
but, without exception, prior to issuance of any building permit.
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• As per the Economic Impact Analysis submitted with this application, the proposed
modification to the project is expected to cost approximately $ 631,314,800, and to
generate approximately 2,005 Full Time Equivalent (FTE) jobs during construction
period; The project will also result in the creation of approximately 31 permanent new
jobs (FTE) and will generate approximately $ 4,596,418 annually in tax revenues to the
City (2011 dollars).
• On May 17, 2010 Geosyntec Consultant, LLC issued an "Environmental Impact Analysis"
stating that "Geosyntec project team has not found that the proposed project will result in
an overall significant adverse impact on to the environment and natural resources on the
Site".
• The proposed project was reviewed by the Internal Design Review Committee on August 28,
2010, and provided comments attached hereto.
• On November 23, 2010 the City of Miami Public Works Department reviewed the project
and provided the set of comments attached hereto.
• On November 30, 2010, the City's Traffic Consultant, URS Corp., provided a Review #12
(Preliminary Comments) requiring additional information and clarifications to the Traffic
Study as presented.
• The Large Scale Development Committee reviewed the project and met on December 1,
2010 to provided applicants comments and technical concerns regarding the substantial
modification to the previously approved MUSP for The 1700 Biscayne Boulevard project.
• On February 11, 2011 the Miami -Dade County Public Schools issued a School
Concurrency Determination -Extension No.1 for The 1700 Biscayne Boulevard project
modification as presented (672 Residential units) stating that "The school capacity
reservation for this Site Plan application will expire on May 13, 2012. Concurrency
reservation may be extended for additional one-year periods".
• The proposed project was reviewed for design appropriateness by the Urban
Development Review Board on January 19, 2011, who recommended the project for
approval with conditions, as per the resolution for recommendation UDRB meeting 01-
19-2011 attached hereto.
• On April 8, 2011, the Miami -Dade Aviation Department issued the letter of Determination
Number DN-II-03-529 stating that the proposed project at this location conform to the
amended Miami International Airport (Wilcox Field) Zoning Ordinance, approved by the
Miami -Dade County Commission on July 2007, any proposed construction or cranes for
this project at this location, reaching or exceeding 200 feet AMSL (Above Mean Sea
Level) is required to be filed with the Federal Aviation Administration (FAA) using Form
7460-1.
• The project's analysis includes a review under Section 1305.2 of Zoning Ordinance 11000,
following the Design Review Criteria:
I. Site and Urban Planning;
II. Architecture and Landscape Architecture;
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III. Pedestrian Oriented Development;
IV. Streets and Open Space;
V. Vehicular Access and Parking;
VI. Screening;
VII. Signage and lighting;
VIII. Preservation of Natural Features; and
IX. Modification of Nonconformities.
CONDITIONS
Based on these findings, the Planning Department is recommending approval of The 1700
Biscayne Boulevard 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 any building permit.
2) Allow the Miami Police Department to conduct a security survey, at the Department's
discretion, 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, as applicable.
6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of
any building permit:
• 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; and
• Record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title if,
applicable, subject to the review and approval of the City Attorney's Office.
7) Prior to the issuance of a shell permit, provide the Planning Department with a recorded copy
of the documents mentioned in condition (6) above.
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8) Provide the Planning Department with a temporary construction plan that includes the
following:
• Temporary construction parking plan, with an enforcement policy;
• Construction noise management plan with an enforcement policy; and
• 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 condition, prior to the issuance of any building permit:
Landscape:
a) Provide the Planning Department with details coordinated with Code
Enforcement, Public Works, and Parks & Recreation Departments to plant
trees that cannot be accommodated on -site or will require payment per tree
into the City's Tree Trust Fund. Required tree replacement/mitigation for trees
allowed to be removed are in addition to landscape ordinance requirements.
Other:
b) The applicant shall attain the sufficiency letter from the City's Traffic
Consultant, URS Corp.
12) Pursuant to comments by the City of Miami Public Works Department, the following street
improvements shall be required to the applicant: (a) Biscayne Boulevard: Hardscape and
landscaping improvements shall conform to Florida Department of Transportation plans,
Fin.Proj. No. 414624-1-52-01. A permit is required from the F.D.O.T. for any work within the
Biscayne Boulevard right-of-way, (b) NE 17 Street: Replace damaged sidewalk, curb and
gutter on the north side of the roadway adjacent to the project site. Construct new median
curb on the perimeter of the medians. Mill and resurface the west bound roadway lanes
between Biscayne Boulevard and NE 2 Avenue. Re -sod parkway planters and the medians,
(c) NE 2 Avenue: Replace damaged sidewalk on the east side of the roadway adjacent to
the project site. Construct new curb and gutter on the eastside of the roadway adjacent to
the project site. Rebuild the north bound lanes between NE 17 Street and NE 17 Terrace to
the centerline of the avenue to conform to the new gutter grade. Resod parkway planters,
(d) NE 17 Terrace: Replace damaged sidewalk on the south side of the roadway adjacent to
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the project site. Construct new curb and gutter on the south side of the roadway adjacent to
the project site. Rebuild the eastbound lanes between NE 2 and Biscayne Boulevard to the
centerline of the terrace to conform to the new gutter grade. Re -sod parkway planters..
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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