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Home My WebLink AboutSubmittal-Paul Savage-PowerPoint PresentationSubmitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk AMENDMENT TO DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (SAP) Presentation by: Rasco, Klock Perez Nieto On Behalf of MacArthur Properties III, LLC 7Z4 >rith/- AAA S a e-- fowar-PoiA-1- P'n4or) Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk North Site Area 25,008 GSF 10.57 Acres 86 DU's South Site . 6,8,31 CST 11.76; ':' - 264 DU's ac rthur s Si e.is a •utting property, directly across the street from the Gateway Sites where 36-Story Tower is proposed. Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk Traffic from the Train Station, Tower A and Tower B will directly impact the MacArthur Site. Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk psavagc@rascoklock.com "FLORIDA BAR BOARD CERTIFIED IN CITY, COUNTY AND LOCAL GOVERNMENT LAW February 11, 2021 BY EMAIL (CIO Hearing Boards (OZamora@miamigov.com)) Charles Garavaglia, Chair Planning, Zoning & Appeals Board (PZAB) City of Miami 3500 Pan American Drive Miami, Florida 33133 Honorable Members Planning, Zoning & Appeals Board (PZAB) City of Miami 3500 Pan American Drive Miami, Florida 33133 PZAB File Id. #8076; February 17, 2021 Agenda Item PZAB.1 Application for Amendment of the Miami Design District Retail Street Special Area Plan Request for Recognition of Intevenor Status Miami 21 defines "Intervenor" as: "a person whose interests in the proceeding are Idversely affected in a matter greater than those of the general public." §7.1.4.3(d), Miami 21 lode. The governing Code further defines "Abutting" as specifically including properties situated across the street from the subject property, as follows: "Abutting properties include properties across a street or alley." §I.2, Miami 21 Code. While the proposed Design District SAP Amendment seeks to enact many changes that will impact MacArthur's property (i.e., wholesale density and intensity transfer provisions), most alarming is the fact that the Tuttle South Site is singled out by the Application to receive a special height exceedance under the Application that would never be authorized under the existing Design District SAP or Miami 21. The following Illustration 4 from the Staff Analysis depicts the Tuttle South Site (outlined in red) and the MacArthur Property (highlighted in ellow) immediately abutting the East elevation of the Tuttle South Site: In summary, under all three of the recognized tests: (a) the plain text of Miami 21 defining "Intervenor" and "Abutting"; (b) the "definite interest exceeding the general interest in community good" test under the Renard decision; and (c) the "not properly enacted" test under Renard, MacArthur possesses standing to participate as an Intervenor in this proceeding. Illustration 4: "Gateway Site South" or "Tuttle South" Regulating Plan Section "3.14.3 Gateway Sites" establishes the criteria r Site North (illustrated above) to achieve a height of thirty-six (36) stories. the development to be of exceptional architectural merit (to be determin Director), to provide a 10,000 square feet Civic Space, to provide public public outreach before seeking construction permits. MacArthur Has Intervenor Status Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk MIAMI 21 APRIL 2016 2020 MIAMI 21 APRIL 2016 2020 APPENDIX F: MIAMI DESIGN DISTRICT RETAI;t, RECtar ARTICLE 4, TABLE 4 DENSITY. INTENSITY A T4 - GENERAL Utz-µ APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP REGULATING PLAN ARTICLE 4, TABLE 4 DENSITY, INTENSITY AND PARKING :t :==► •►: :10111C I • A AGREEMENT BETWEEN CITY OF MIAMI, FLORIDA ND FLACLER HOLDING C iNs wlMtal neeM b be scheduled „arihes timelines set I. Meng fad. de. The applitatle decbbn eNew me lnkerolbn al The pubic roCmmeMMlon of a Mg PZ-20-806 10/05/20 (29202028;1; ?9202028;4 29202028:10 1 SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN CITY OF MIAMI, FLORIDA AND FL 1CLER HOLDING CROUP, INC., MONTE C.1RL0 Public Package Regulating Plan Latest Regulating Plan? Public Package Development Agreement Latest Development Agreement? 29292^2%; sI >9202(ti:t_ • 551192641 56264360:1 Critical Record Documents Missing From Public Agenda Package + No PZAB Materials Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk CITY OF MIAMI NOTICE OF PUBLIC HEARING Notice to the Public, Subject Property Owner(s) and Owners of Real Estate within 500 Feet A public hearing will be held before the CITY COMMISSION as follows: Date: April 22, 2021 Time: 9:00 AM Place: 3500 Pan American Drive ("CITY") TO OVERN THE MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN ("MDDRS SAP") COMPRI SED Q,F APPROXIMATELY 22.56 ACRES OF PROPERTY FOR THE PURPOSE OF: A) UPDATING THE SAP ENTITIES TO REFLECT THE LATEST OWNERSHIP; B) ESTABLISH A DENSITY AND INTENSITY TRANSFER PROGRAM; C) UPDATE REGULATIONS FOR ALCOHOL BEVERAGE SALES; D) MODIFY REVIEW OF REQUIRED CROSS -BLOCK PEDESTRIAN CONNECTIONS BETWEEN NORTHEAST 38 STREET AND NORTHEAST 39 STREET; AUTHORIZING THE CITY MANAGER TO EXECUTE_ THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CON'TAIIVING A SEVERABILITYCLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 163.3225 Public hearings.— (1) Before entering into, amending, or revoking a development agreement, a local government shall conduct at least two public hearings. At the option of the governing body, one of the public hearings may be held by the local planning agency. (2)(a) Notice of intent to consider a development agreement shall be advertised approximately 7 days before each public hearing in a newspaper of general circulation and readership in the county where the local government is located. Notice of intent to consider a development agreement shall also be mailed to all affected property owners before the first public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing. b) The notice shalt specify the location of the land subject to the development agreement, the and shall specify a place where a copy of the proposed agreement can be obtained. Development Agreement Notice Does Not Comply With Florida Statutes Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk Traffic flow between the Gateway Sites and MacArthur Site is integrated, with the principal Westbound access ramp to 1-19 along our property line. Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk Street Any Amendment and Traffic Study Must Include Traffic To and From Our Site. Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk February 1, 2021 Mr. Alex Schapiro Miami Design District Associates 3841 NE 2' Avenue, Suite 300 Miami, Florida 33137 Re: Miami Design District Trip Generation Analysis Dear Mr. Schapiro: Kimley-Hom and Associates, Inc. has performed a trip generation analysis for the proposed amendment to the previously approved Miami Design District Special Area Plan (SAP) generally bounded by NE 43'a Street to the north, NE 38th Street to the south. North Miami Avenue to the west, and Biscayne Boulevard to the east in mi, Florida. Please note that the Miami Design rict was previously amended and approved as part of the Miami Design District Special Area Plan rt3edidme t[affic-.11 gtAnadysts-May.2013..,Ihe„previously„aPproat&SABA endment consisted of a development program contemplating approximately 1,089,833 square feet of retail space, 161,146 square feet of office space, 52 hotel rooms, 561 multifamily residential units, and 32,267 square feet of of retail sp 11and1 4 square feet of office space. 1 feet of restaurant space. TRIP GENERATION ANALYSIS A trip generation analysis was conducted for the previously approved SAP amendment and the •ro.osed SAP amendment usin. the Institute of Trans.ortation Engineers' (ITE) Taro Generation apr .ved SAP amendment, trip generation calculations were prepared for the P.M. peak hour. Trip generation for the previously approved and proposed SAP amendment was determined using ITE Land Use Code (LUC) 820 (Shopping Center), LUC 710 (General Office Building), LUC 310 (Hotel), LUC 220 (Multifamily Housing [Low -Rise]), and LUC 932 (High Tumover [Sit -Down] Restaurant). Relies on 2013 Era Traffic Study Relies on 2013 Era Development Program (Because no Study Done Since) Relies on Unsupported or ---- Now Repealed "Development Progra Application Relies on only Trip Generation Analysis that Bootstraps a 2013 Traffic Study Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk Use Retail Space in Sq. Ft. Office Space in Sq. Ft. Restaurant Space Total Additional Square Feet Hotel Rooms Multi Family Residential Units Total Additional Units May 2013 Tr. Study and SAP Amendment Proposed in Amendment Per Trip Generation Rpt. l ,089,833lirr :781,146 32,267 806, ,o 703,644 108,820 rir 52 110 561 724 % Change Number Change liali,681 sq. ft. +288% +522,498 sq. ft. +237%'-'" +7b,552 sq. ft. + 1 12% +29% The Trip Generation Analysis Reflects Dramatic Increases in Square Footage of Office, Hotel Multifamily Units and Restaurants +315,369 sq. ft. +58 +163 221 10 Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk Existing (to be demo) Building Area (new) New Net Usable Area TOTAL RESIDENTIAL TOTAL KEYS _ ._. TOTAL OFFICE .— ... TOTAL RETAIL .,,, ADAPTIVE USE na. Parking provided nr REQUIRED PARKING nu TOTAL PARKING H'rl PARKING REQ"D HI SURPLUS PARKING UNITS Total Req d in aggregate Units Total Re 'd q in aggregate I i Total R 'd eq Units 1 in aggregate Total Req d Units in aggregate Adaptive Use Spaces on -site parking without discount with on street and adaptive use AGGREGATE wf discount Actual spaces required 225,209 2.699.095 I 1,531,939 561 �► 521 / 1 215.316 I 1,159,372 444 3,308 3,583 &352 2,866 886 ike Parking Required Development Program in 2013 SAP Amendment & Traffic Study: 2,699,095 Sq. Ft. of New Buil . t With 561 Residential Units and 52 Hotel Rooms 143 Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk Miami Design District Retail Street Special Area Plan ��-iolM a 9i:.ilk Cir4 itetti0,1 f 49 :;11. 0 Paccar's 39 and 40 tamovad putsutwnt. to Thad Arn,ndiueni of SAP Most Recent DevelopmentSq. Ft. + 350,000 = 3,049,095 Total Square Feet (From Existing Concept Book Sheet A 1.8, Now Set for Repeal) Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk 200 Eye Street, S.E. Washington, D.C. BEFO The nationally recognized redevelopment of 200 Eye Street transformed a vacant industrial property —once home to the printing operations of The Washington Star and The Washington Post —into a 325,000 square foot world -class office property. StonebridgeCarras directed this public/private partnership for the District of Columbia Department of General Services, creating an innovative financing structure that enabled the PROJECT DETAILS • 325.000 SF of Class A office building • 180 spaces of underground parking Example of 325,000 Square Feet of Office Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk :ow Many Total New Trigs Based an 2013 Data ± defined _I Re' eal e Development Pro ram? 8 Table 1: Net New P.M. Peak Hour Trip Generation Summary Development Plan In Out Total Previously Approved SAP Amendment any 069 2,038 Currently Proposed SAP Amendment 8E4 1,172 2,056 Net Change -85 103 18 ► The Applicant's Trip Generation Analysis Concludes that only additional trips will be generated, relying on a 2 d0 Traffic Analysis & Study, despite additional square feet of commercial use and additional hotel and residential units. 15 Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk This Amendment Does not Just Allow Density Transfer, It Repeals the Maximum Caps of the Development Program, Destroying All Prior Maximum Concurrency/Load Determinations of Parking, Permitted Uses By Square Footage, Maximum Residential Units & Maximum Hotel Units. implementation phases of design development and construction documents. I`iothing En this Miami Design District Retail Street SAP, including the save opmen program as set forth on Page A1.8 of the Concept Book, shall be construed to limit development in cxccs of grogram. any one Lot or parcel forming part of this SAP and the procedures set forth in Article 7 of this Miarn Design District Retail Street SAP, « acent and non -ad acent .arcels within the SAP Area which have unutilized density or unutilized FLR_ located within the T6 Urban Core transact zone ("T6 Properties") may transfer such Remaining Aggregate Density or Remaining AQQreaate FLR to other T6 Properties within the SAP Area, provided however that each individual project on Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk iner Miami Design District Retail Street Spe MIAMI DESIGN DISTRICT SAP AGGREGATE SPREADSHEET Property Information SAP Property Numberls) Property Name Ares Calculations OPen Space' Civic space SAP DEVELOPMENT RIGHTS / REQUIREMENTS 50.643 452375 2,3,4,5,6,7 Palm Coon 13.14 1111 16 0,110 15 OP110 50,51 Crty Yew Garage 42,43,44,44 Paradise Plaza 2879,30.31.3133,34 Museum Garage 35,36,24,37•• Bridge Buildings 1H,37•• lade DAMN 25 Mosaic 52,53 Penny lane 19 tsaer 63 Stardust f3St 62.81 Stardust West 11.12 Sweet Bird South 162 1,871 3,486 1,416 1,864 6,190 3.315 933 1,723 411 1,035 328 271 2,188 1,187 11,057 15.723 3,525 1,675 1,355 OTALAPPROVED 26,380 43,33S EMANING DEVELOPMENT RIGHTS / 2a,263] 2,540 SAP PROPERTY 64 11,097 I 4,049 'Ersess civic space can be counted towards the open space requitement. pwsuant to sheet 41.9 of the Concept Boot ”Property Number 371s shared between the Br.dge and lade Buildings The Development Progra Master Plan in Sheet A _- the Concept Book is • The New Con ricks Only 0 Civic Space The Applicant Repeals the Development Program and at the Same Time Relies Upon It for Traffic Data in the "Trip Generation Analysis" • 17 Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk Exception Process for Exceedance? Gone. 7.1.2.11 Modifications to the Initial Development Program & Redevelopment Credits 1. However, the Densities and Intensities listed therein may be redistributed to any Lot of pay i ith th nn n y n♦ o i ct t e n rrea, subject -always -to -tile per lnte sit I its osect. ensi#fee and Dist.ct Retail St t C4D d chi Do 'c d n iti �'n�" sand Intensities in aggregate by 10% without need for further administrative review. Any—prepesed Densities and Intensities specified on page. A1.98 of the Concept-Book-by-more-than-10%, abject at all times to tho ing Transect designation of a particular Lot or parcel. There is no Regulating Plan Left O%+ 18 Criteria 10: 7.1.2.8.f.2: "A change may be made Special Area Plan, and in a manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to Article 4, Table 2 (intentionally deleted) LOT OCCUPATION :J �� t.iS4lf ttw Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk MIAMI 21 TRANSECT ZONES DELETED MWM Code fl4I dub. ruMOw the mkmla nel toonnendatan PZ-20 10/0 Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk Criteria 10: 7.1.2.8.f.2: "A change may be made Special Area Plan, and in a manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to indings: The proposed amendment does not include a change in the Future Land Use designation of any property. However, this changing the development standards for T6 properties; intensity from site to site, while maintaining the same currently enabled through the city's public benefit program. underlying Transect or amendment does propose an and FLR maximums The proposed development regulation changes to the "Gateway Site" fit the neighborhood context while maintaining a proper transition. Miami 21 SAP Amendment Criteria No. 10: Staff Report Page 1 1: Inconsistent and Contradictory Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk Tapering to Residential The Design District itself does not feature tall commercial or residential towers. 21 Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk 1-195 Provides a demarcation between towers to the South and mid -rise and single family residential to the North. Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk The Applicant Asks you to Look Outside of the Design District for Zoning and Compatible Height (defeating the purpose of the Special Area Plan), but inside the Design District for Traffic Data (which is based on all surrounding sources, not just within the SAP) The Applicant Seeks Height • 40 tibility fro Outside the SAP, but Considers Traffic Based Upoi Repealed Development Program of the SAP 23 TOUflC Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk 's out of scale with no transition to nperties South of Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk 3.9.h.10: Flexible allocation of development capacity and Height, n individual sites within the Special Area Plan, shall be allowed so long as the capacity or Height distribution does not result in development that is out of Scale or character with the surrounding area, and provides for appropriate transitions. Analysis: The proposed amendment proposes changing the development standards for T6 properties; while maintaining the same height and FLR maximums currently enabled through the city's public benefit program. Findings: Consistent. taff: Transfer Densit A Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk Apartment -Hotel" or "Condo -Hotel:" A room, or group of rooms. each oontaininq bathroom and kitchen facilities, with ingress and egress that may or may not be through a ,common lobby. intended for rental to transients on a day-to-day, week -to -week, or month -to -month basis, not intended for use as a. permanent dwelling. An Apartment Hotel' or 'condo Hotel shall be considered as e s uivalent to o►ne-h:alf '0.50 of .a Dweliin • Unit. The Applicant Has No Need to Transfer Density to Gateway Sites: The Amendment Doubles Density for "Units." 26 Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk Criteria 9: 7.1.2.8.f.1(a): "The relationship of the proposed amendment to the goals, objectives and policies of the with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the Page10of13 Comprehensive Plan; the Miami 21 Code; and other city regulatio and justification for the proposed changes necessary." designation is proposed as part of the amendment. MIAMI 21 SAP AMENDMENT CRITERIA NO. 9: STAFF REPORT PAGED 10-1 1: INCONSISTENT WITH THE COMPREHENSIVE PLAN 27 Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk BUILDING DISPOSITION a. Lot Area b. Lot Width c. Lot Coverage -1-8 Stones - Above 8°ti Story d. Floor Lot Ratio (FLR) e. Frontage at front Setback f. Open Space Requirements g. Density 5,000 s.f. min. 50 ftmin. 93.5% max. SAP aggregate Bl 15,000 sq. fk max. Floorpiate for Residential & Lodging 30,000 sq. ft. max. FIoorplate for Office & 8 /30% additional Public Bcncfit 11 via Unutilized FLR 8 / 30% additional Public Benefit 60% min. 6.5% min. SAP 150 du/ac max ' 300 Dwelling Units Per Acre in Chart on F.70 of the Regulating is Inconsistent with the Comprehensive Han Providing for 150 Units Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk The Traffic "Trip Generation" report providing for only 18 additional trips is not a Traffic Impact Analysis & Study, instead relies on 2013 Study and Repealed Development Program The Amendment Repeals the Development Program Limits and increases Restaurant and Hotel Uses by hundreds of thousands of square feet without adequate traffic analysis The Amendment violates the Code based Criteria for SAP Amendment 4 The Amendment rewards past public benefit already used for prior amendments and approvals The Amendment violates the Comprehensive Plan 01liI\LII4 Submitted into the public record for item(s) PZ.10 and PZ.11 on 04-22-2021, City Clerk Respectfully Continue this Item to allow for a .--complete updated Traffic Study (that includes our site with the participation1f our �W� a you. engineers . _ A ank ou b� � tl' s