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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