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City of Miami
Planning Department
Division of Land Development
PZAB File ID #:
APPLICANT:
REPRESENTATIVE:
PROJECT ADDRESS:
ZONING DESIGNATION:
LAND USE DESIGNATION:
COMMISSION DISTRICT:
NET OFFICE:
PLANNER:
ANALYSIS FOR
EXCEPTION
PZ-1 8-513
Skywheel, LLC
David Sacks, Esquire
401 Biscayne Blvd
"T6-8-0" Urban Core -Open
Restricted Commercial
District 2 (Commissioner Ken Russell)
Downtown-Brickell
Jeremy Calleros Gauger, Deputy Director
A. REQUEST
David Sacks (the "Applicant") requests an Exception per Article 6, Table 13 and Article 7, Section
7.1.2.6, to construct and operate an amusement ride ("Ferris Wheel") ; and an associated Waiver
per Article 7, Section 7.1.2.5(A)12 for "Extension above maximum Heights for... decorative
elements or similar Structures", per of the Miami 21 Code of Ordinance No. 13114, the Zoning
Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); on a site within the "T6-
8-0" Urban Core — Open Transect Zone. The site is generally located at 401 Biscayne Blvd,
Miami, Florida. While the location of the Ferris Wheel is within T6-8-0, the folios are partially
zoned Civic Space (CS) and include Bayfront Park:
Specifically, the Applicant requests to install a Ferris wheel with a maximum Height of 180 feet,
an ancillary concession stand, and structures storing equipment. The land on which the Ferris
Wheel is to be placed is owned by the City of Miami, managed by Bayfront Park Management
Trust and leased to Brookfield Properties Retail Group and operated as Bayside Marketplace
("Bayside").
B. RECOMMENDATION
The Planning Department recommends that the Exception and Waiver requests be
approved with Conditions.
C. SITE AND NEIGHBORHOOD CHARACTERISTICS
This 401 Biscayne Blvd (the "Site") is leased from the City of Miami and used as a Waterfront
Specialty Center known as Bayside Marketplace. Bayside Marketplace is between Ferre Park
to the North and Bayfront Park to the south and Biscayne Boulevard to the west, a major north -
south thoroughfare providing access to the site. The Site is in the Brickell Downtown
Neighborhood Enhancement Team (NET) Area.
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ADDRESS: 401 BISCAYNE BLVD
Bayside is a major
destination for locals and
tourists alike for shopping,
dining, and entertainment.
Additionally, the regionally
significant American
Airlines Arena is across
Port Boulevard to the north
and the internationally
significant Port of Miami is
to the east across a
channel of Biscayne Bay.
Bayside Park is to the
south, particularly the
Bayside Amphitheater
managed as a
performance space by
LiveNation. Bayside Park
also contains passive
areas, playgrounds, less
formal performance
spaces, and is frequented
by food vendors.
The park is frequently
utilized to host major
events such as the
Corporate Run, Miami
Marathon, and Race for A
Cure as a starting and
ending point for races.
Across the major thoroughfare of Biscayne Boulevard to the west is the Central Business
District (CBB) and downtown of Miami. This area has existing and allows extremely high
density and is made up of mixed -use buildings with activated retail on the ground level. A mix of
residential and commercial buildings populate the area, though there are predominately
residential condominiums adjacent to Biscayne Boulevard and fronting the proposed project.
Page 2 of 7 Page ePlan ID PZ-18-513_Exception_Amusement Ride 401 Biscayne Blvd -_
Project Transect Zone and Comprehensive Plan Designation
Address
Transect Zone
Designation
Miami Neighborhood Comprehensive
Plan Designation
401 Biscayne
Blvd.
"T6-8-O" Urban Core-
Open
Restricted Commercial
"CS" Civic Space
Parks and Recreation
Adjacent Transect Zone and Comprehensive Plan Designation
Miami 21
Transect Zone
Miami Neighborhood Comprehensive
Plan Designation
North
CS
Parks and Recreation
South
CS
Parks and Recreation
East
Biscayne Bay
Biscayne Bay
West
"T6-80-0"
Urban Core-
Open
Central Business District (1000 units / acre)
D. BACKGROUND
In 2014, Bayside Marketplace extended the lease for the location at 401 Biscayne Boulevard by
53 years. The lease extension a sub -lease for the Skyrise Tower to the north of the Applicant's
proposed Ferris Wheel. Subsequent permits for Skyrise have included expansion of parking
facilities and renovation of Bayside Marketplace buildings as part of an overall redevelopment.
The Applicant applied for building permits for a Ferris Wheel in 2017 adjacent to and within the
ground -lease boundary of Bayside Marketplace. The permit was stopped due to the Ferris Wheel
not being an allowable use within Miami 21. On June 27, 2019, City Commission passed
Ordinance 5826, amending Miami 21 to allow for Amusement Rides by process of Exception.
The purpose of the Ferris Wheel is to provide an attraction that is complementary to the
destination dining and retail complex at Bayside Marketplace as well as the entertainment use of
the Skyrise project.
E. PROJECT
The Applicant has requested an Exception to allow the Amusement Ride use and to install a
Ferris Wheel and associated concession and support structures adjacent to Bayside
Marketplace.
The Applicant proposes to install the Ferris Wheel at approximately 180 feet in height through the
process of Waiver that is part of this application. The maximum height allowed by right in T6-8 is
123'
Page 3 of 7 Page ePlan ID PZ-18-513_Exception_Amusement Ride_401 Biscayne Blvd
which equals a commercial ground floor with a maximum height of 25'-0" plus 7 additional floors
with a maximum height of 14'-0" each, or (1x 25' Ground floor) + (7 x 14' floors) = 123' total).
Bonus floors are not allowed in T6-8 when it is adjacent to a CS Transect Zone, which is
why the Applicant requests a Waiver.
Figure 1: Illustrated view of Ferris Wheel in Bayside Marketplace. Octagon shaped Hardrock Cafe is to the
North. Driveway access, baywaik, and Biscayne bay to the East.
I I_
Figure 3: Elevation views of Ferris Wheel. Height is approximately 179' above surrounding grade.
Page 4 of 7 Page ePlan ID PZ-18-513_Exception_Amusement Ride_401 Biscayne Blvd _
F. ANALYSIS
The Applicant requests an Exception per Article 6, Table 13 and Article 7, Section 7.1.2.6, to
construct and operate an amusement ride ("Ferris Wheel"); and an associated Waiver per Article
7, Section 7.1.2.5(A)12 for "Extension above maximum Heights for... decorative elements or
similar Structures", per of the Miami 21 Code.
Miami Comprehensive Neighborhood Plan (MCNP)
The Future Land Use Map (FLUM) designates the area of the project as south portion (401
Biscayne Blvd.) of the Site as Parks and Recreation. The FLUM designation of the southern lot
as Parks and Recreation with a small portion abutting Biscayne Bay which is Restricted
Commercial. The Future Land Use Element of the MCNP, both Parks and Recreation and
Restricted Commercial FLUM designations allow facilities supporting passive and active
recreational and cultural uses within their corresponding designations.
The proposed installation of a Ferris Wheel is aligned with "Objective LU-1.4: Continue the
growth of Downtown Miami, expand its role as a center of domestic and international commerce,
further its development as a regional center for the performing arts and other cultural and
entertainment activities and develop an urban residential base." The Ferris Wheel is consistent
with the objective of encouraging entertainment activities.
Furthermore, the site is located within the Urban Central Business District (UCBD) which is the
single urban core within the City of Miami. The UCBD, "shall contain high intensity, high density
multi -use development to include: retail; professional and governmental office uses; cultural,
recreational and entertainment facilities". The Ferris Wheel is consistent with the high -intensity,
high -density entertainment facility outlined in the Comprehensive Plan.
Exception for the Construction and Operation of an Amusement Ride and an Associated
Waiver
Criteria 1:
The following review for an Exception, per Miami 21 Zoning Code, Article 6,
Table 13, and Waiver per Article 7, 7.1.2.6.b.4 to allow the installation of a
Ferris Wheel with a maximum height of 179 feet.
Analysis 1: Per Article 6, Table 13, Miami 21 Code is to set standards for the location, collocation,
and design of Amusement rides to:
1. Limited permissibility as Accessory Structures, ancillary to a Waterfront
Specialty Center.
2. Limited to master planned sites, intended and improved for public access
which qualify as a regional destination.
3. Framed by liner buildings or Civic Open Space meeting minimum standards
of this Code.
4. Strobe or other exterior lighting which flashes or blinks, including the ride, are
prohibited.
5. All project exterior lighting, located more than forty (40) feet above finished
grade, shall be 3,000K or less.
Page 5 of 7 Page ePlan ID PZ-18-513_Exception_Amusement Ride_401 Biscayne Blvd _
6. Illumination may not exceed a maximum brightness level of 0.3-foot candles
above ambient light as measured at a distance of 250 feet from the Use,
supported by written certification from the manufacturer.
7. Except for any FAA -required lighting, power to all lighting shall be shut off by
2:00 a.m.
8. Any sound or noise generated shall abide by all restrictions set forth in
Chapter 36 of the City Code and are not eligible for exemptions thereof.
Finding 1: The request to install the Ferris Wheel within the Bayfront Waterfront Specialty
Center is consistent.
Criteria 2: Per Miami Section 7.1.2.6.b.4, the review of an application for an Exception
shall apply Article 4, Table 12 Design Review Criteria, as applicable.
Analysis 2: The Site is within the Bayside Marketplace area of high activity. While the
proposed Ferris Wheel is of great height, the location protects residential areas
from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts
and the spillover effect of light due to the great distance from adjacent residential
uses.
Finding 2: The request is consistent with the Criteria.
Criteria 3: Per Miami 21, the review Article 7, Section 7.1.2.5, a Waiver is to relieve
practical difficulties in complying with the strict requirements of this Code...
Analysis 3: Per the Applicant's Letter of Intent, the Waiver of height is required to allow the
proposed development. The request responds to the physical context by taking
into consideration existing and proposed urban form, and Transect Zone
intentions. The Ferris Wheel is a similar structure to a spire or monument which is
one of the allowed examples of a Structure exceeding the maximum height allowed
in the T6-8 Transect Zone.
Finding 3: The request is consistent with the Criteria subject to the conditions listed at the
end of the document.
G. RECOMMENDATION
The Planning Department recommends Approval with conditions of the Exception as presented,
based on the materials and plans submitted by the Applicant and corresponding to Miami 21
Zoning Code, in Article 6, Table 13 and Article 7, Section 7.1.2.5(A)12. Staff finds the installation
of a new Ferris Wheel at 179 feet, is consistent with the intent of the regulations pursuant to Miami
21 Code, Article 6, entitled, "Amusement Rides", at the proposed location within Bayside
Marketplace.
Based on the above findings, the Planning Department recommends:
1. The installation on the site of a Ferris Wheel shall be substantially in compliance with the
plans submitted in E-Plan on July 5, 2019.
Page 6 of 7 Page ePlan ID PZ-18-513_Exception_Amusement Ride_401 Biscayne Blvd _
2. The Amusement Ride (Ferris Wheel) is limited to a maximum height of 180'-0".
3. The Applicant, owner, or successor shall fully comply with all applicable requirements
specified in Florida Statute 365.172 (a) (12) 1.a and as specified on FS 365.172(12) (a)1. b,
as applicable.
4. The Applicant shall comply with the requirements of all applicable departments and agencies
as part of the City of Miami building permit submittal process.
5. Any Signage must be processed under a separate permit
6. A Landscape plan that complies with Miami 21, Article 9 and City Code Chapter 17 providing
sufficient trees, shrubs, and ground coverage in a tiered fashion shall be submitted for review
and approval by the Planning Director.
7. Pursuant to Article 7, Section 7.1.2.6.e, an Exception and underlying application shall be valid
for two years during which a building permit or Certificate of Use must be obtained. This
excludes a demolition or landscape permit. A one-time extension, for a period not to exceed
an additional year, may be obtained upon approval by the Planning Director or designee.
Jacqueline
Planning
f of Land Development
nt
Page 7 of 7 Page ePlan ID PZ-18-513_Exception_Amusement Ride_401 Biscayne Blvd _
AERIAL
EPLAN ID: PZ-18-513
EXCEPTION
ADDRESS: 401 BISCAYNE BLVD
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MIAMI 21 (EXISTING)
EPLAN ID: PZ-18-513
EXCEPTION
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