HomeMy WebLinkAboutSubmittal-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
SPECIAL AREA PLAN S
of Miami City Co
Presentation by:
Rasco, Klock Perez Nieto
On Behalf of MacArthur Properties III, LLC
72
?726
$iff/- Pew r s,iRW(/f1t Pre 5f2irifkli Or)
Submitted into the public
record for item(s) PZ.10 and PZ.11
on 04-22-2021, City Clerk
r-.
South Site Area T.
J6,8J I GSF 1.76 .
264 DU's
acrthur s Si is abutting 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
pscvagc@rascoklock.com
.FLORIDA BAR BOARD CERTIFIED IN CRY, COUNTY AND LOCAL GOVERNMENT L.AW
February II, 2021
BY EMAIL (CIO Hearing Boards (OZamoragmiamigov.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
adversely affected in a matter greater than those of the general public." §7.1.4.3(d), Miami 21
7.ode. The governing Code further defines "Abutting" as specifically including properties
situated across the street from the subject property, as follows: "Abutting properties include
)roperties across a street or alley." § 1.2, 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 re
Site North (illustrated above) to achieve a height of thirty-six (36) stories.
the development to be of exceptional architectural merit (to be determine
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 RET • � ,
RE•
*
ARTICLE 4, TABLE 4 DENSITY, INTENSITY
T4 - GENERAL U
NOTICt
PZ-20-806T
• 0l5512':
APPENDIX F: MIAMI DESIGN DISTRICT RETAIL STREET SAP
REGULATING PLAN
ARTICLE 4, TABLE 4 DENSITY, INTENSITY AND PARKING
1[KSII •
A
AGREEMENT BETWEEN CITY OF MIAMI, FLORIDA
AND FLACLER HO
a •
•►:
this wdMtY need. le oescheduled
„easedance veld. timelines set 1.
asnl Case. The *Oahe d.cbbn
Mew Ce lnlmnMbn al The wok
rtcomnendatlonor a Anal
PZ-20-806
10/05/20
119202028313
29202028;'�
29202028:10
1
SECOND AMENDED AND RESTATED DEVELOPMENT
AGREEMENT BETWEEN CITY OF MIAMI, FLORIDA
AND FL 1CLER HOLDING CROUP, INC., 1'IONTE C.1RL0
Public Package Regulating Plan
Latest Regulating Plan?
Public Package Development Agreement
Latest Development Agreement?
55119264.1
56264360::1
Critical Record Documents Missing From Public
Agenda Package + No PZAB Materials
5
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
jimmmminimommumna,
("CITY") TO iVERN THE MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN ("MDDRS SAP") COMPRISED
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;
CONTAINING A SEVERABILITY CLAUSE 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 shalt 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.
.r'il 4iry1.
Street
•1 1�=� )'�:ii �� JJu �II ii�
Submitted into the public
record for item(s) PZ.10 and PZ.11
on 04-22-2021, City Clerk
Any Amendment and Traffic Study Must Include
Traffic To and From Our Site.
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'd Street to the north. NE 38th Street to the south. North Miami Avenue to the west,
and Biscayne Boulevard to the east in Miami, Florida. Please note that the Miami De riot SA
was previously amended and approved as part of the Miami Design District Specie/ Area Plan
dmet Traffic impact Analysis. May 2013. The previously approved SAP amen
of a development program contemplating approximately 1,089,833 square fee: of retail space, 181,146
square feet of office space. 52 hotel rooms. 561 multifamily residential units, and 32,267 square feet of
ropose
amen • men
retail sp.
and 1
4 square feet of office space, 110 h
feet of restaurant space.
TRIP GENERATION ANALYSIS
A trip generation analysis was conducted for the previously approved SAP amendment and the
proposed SAP amendment using the Institute of Transportation Engineers' (ITE) Trio Generation
Manual, 10," Edition. Consistent with the previously approved 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).
Submitted into the public
record for item(s) PZ.10 and PZ.11
on 04-22-2021, City Clerk
Relies on 2013 Era Traffic Study
Relies on 2013 Era
Development Program
(Because no Study Done Since)
Relies on Unsupported or
Now Repealed
"Development Program"
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
IL089,833
:781,146
32,267
ilk 52
561 724
Proposed in
Amendment Per
Trip Generation
Rpt.
% Change
Number Change
806,152 __ 83,681 sq.
703,644 +288% 1 +522,498 sq. ft.
108,820 j +237% +76 552 sq. ft.
110
uIv
+ 1 12%
+29%
The Trip Generation .pis Reflects Dramatic
Increases in Square Foo i LA e o W ice, Hotel
Multifamily Units and Restaurants
+315,369 sq. ft.
+58
+163
221
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 Net Usable
(new} Area
TOTAL RESIDENTIAL
TOTAL KEYS
- --
TOTAL OFFICE
••- ••.
TOTAL RETAIL
n,,
ADAPTIVE USE
n.
Parking
Provided
nr
REQUIRED
PARKING
nU
TOTAL
PARKING
FM
PARKING
REQ"D
MI
SURPLUS
PARKING
UNITS
Total
Req'd in
gregate
agaggregate
Units
Total Req'd
in aggregate
Units
1
Total Req'd
in aggregate
Units
Total Req'd
in
Adaptive Use
Spaces
on -site parking
without
discount
with on
street and
adaptive use
AGGREGATE w f
discount Actual
spaces required
225,209 2.699.095 I 1,531.939�
561
521
A
i 215.316 I 1.159,3721
444
3,308
3,583
&752
2 866
886
rxe rarxrng xequer
Development Program in 2013 SAP Amendment &
Traffic Study: 2,699,095 Sq. Ft. of New Building Are
Jn' s and 52 Hotel Rooms
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
S &M C'r p. ,.7 M ,-
1 i IPtMp,r Ar r a 1 A 1 p
r.r1
a.�.
--., 1
3
4 011
ao .i
may,
Open 'Spree (1 /I)
1~t
1 ;y[
Y
'► i
3i IU
Cno�. ($,
.'.
*
1 .6i
01
y■ Lq1..
Tele'l6
1, ?70
Patois 39 and 40 removed pursuant
is Thied Amondiueni of SAP
Most Recent Development: Sq. 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.
The nationally recognized redevelopment of 20D Eye Street
transformed a vacant industrial property —once home to the
printing operations of The Washington Srarand 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 Tota New Trips Based an 20 13 Data
defined / Repealed Development Program?
Q
+ 1
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
884
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 d 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. Nothing in this Miami
Design District Retail Street SAP, including the -` e menFprpt ram as set forth on Page
A1.8 of the Concept Book, shall be construed to limit development in excess of
Any future development in excess of tho iinlfaf oyplopmont ero•,ram; shall be subjoct at
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,
d acent and non -ad acent •arcels within the SAP
Area which have unutilized density or unutilized FLR. located within the T6 Urban Core transect
zone ("T6 Properties") may transfer such Remaining Aggregate Density or Remaining AQcireaate
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
Miami Design District Retail Street Spe
MIAMI DESIGN DISTRICT SAP AGGREGATE SPREADSHEET
Property Information
SAP Property Numberls) Property Name
Area Calculations
OPen Space.
CIWc Space
SAP DEVELOPMENT RIGHTS / REQUIREMENTS
93.643
45,875
2,3,d,5,6,7 Palm Court
13.14 101
16 00.110
IS OP120
50,51 City Yew Garage
42,43,44,44 Paradise Plaza
28,29,30.31.32,33,34 Museum Garage
35,36,26,37•• Bridge Buildings
38,37•• lade Building
25 Mos.
52,53 Penny lane
19 Maier
63 Stardust E.
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
TOTAL APPROVED
26,3110
43,335
REMANING DEVELOPMENT RIGHTS / I 74.263j 2j40 l
SAP PROPERTY 64 8.097 I 4,069 1
'Excess Owe space can be counted towards the open space requirement,
pursuant to sheet A3.9 of the Concept Boot
..Property Number 37 Is snared between the Bridge and lade Buildings
The Development Program
Master Plan in Sheet A ,_..
the Concept Book is Glom
._
tW4 et
The Applicant Repeals the Development Program
and at the Same Time Relies Upon It for Traffic Data
in the "Trip Generation Analysis"
•
s • •
17
Submitted into the public
record for item(s) PZ.10 and PZ.11
on 04-22-2021, City Clerk
Exception Process for 10%+
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 efi
parcel ithin th„ nn•., n -y n ♦ o it St t SAP rea, subject -always -to -tie
Derr Intendt li its of -thy-. ^deal• Tra„sect. easi14ec and
Sltyar--..., ,.�,..^y
De Distrct Retail S1 t SAD d ch is d n �
�'0" sand Intensities in
aggregate by 10% without need for further administrative review. Any—pfepesed
development within the Miami Design District Retail Street SAP which exceeds the
Densities and Intensities specified on page. A1.98 of the Concept -Book -by more than-40 .
Fbject at all times to the
the -underlying Tr t ," at• s
particular Lot or parcel.
There is no Regulating Plan Left to Exc
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
Article 4, Table 2 (intentionally deleted)
LOS OCCUPATION
uifrin 1.g* SNO q ve 1.10 if trw
MIAMI 21 TRANSECT ZONES DELETED
MWrl Cole. lne Makabte
rr lorIhelMormWonri
t000rnnnMolal
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
1-195 as Barrier
The Design District itself does not feature tall
commercial or residential towers.
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 Hei• •=®®tibility fro
Outside the SAP, but Considers Traffic Based Upon
Repealed Development Program of the SAP
Submitted into the public
record for itenn(s)PZ.l0and PZ.11
on 04-22-2021, City Clerk
GATEWAY SITE
View from East I Southeast
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.
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 containinc 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, riot
intended for use as a permanent dwelling. An -Apartment Hotel' or "Condo Hotel shall be
considered as e r uivalent to one-half '0.50 of .a Dwellin • 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
Page 10 of 13
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
LOT OCCUPATION
a. Lot Area
5,000 s.f. ri i.
b. Lot Width
50ftmin.
c. Lot Coverage
-1-8 Stones
93.5% max. SAP aggregate
- Above 8'" Story
Bl
15,000 sq. EL max. Floorplate for
Residential & Lodging
30,000 sq. ft. max. Floorplate for Office &
8 /30% additional Public Benefit 11 via Unutilized FLR
d. Floor Lot Ratio (FLR)
8 / 30% additional Public Benefit
e. Frontage at front Setback
60% min.
f. Open Space Requirements
6.5% min. SAP
g Density
150 dulac max
300 Dwelling Units Per Acre in Chart on F.70 of the Regulating is Inconsistent
with the Comprehensive Plan 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
The Amendment rewards past public benefit already used for
prior amendments and approvals
The Amendment violates the Comprehensive Plan
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 p articipatio rf our