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HomeMy WebLinkAboutAnalysis and MapsDocuSign Envelope ID: 3B2CF9AC-21 C7-4907-AECA-4BE93DA32F5E This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Cede. The applies de decision -making body will rodew the information at the pubc hearing to render a recommendation or a final decld on. PZ-22-15317 03/03/23 City of Miami Planning Department ANALYSIS FOR SPECIAL APPEARANCE Staff Analysis Report No. PZ-22-15317 Location 1775 Biscayne Boulevard Miami 21 Transect "T6-36B-O", Urban Core Zone — Open MCNP Restricted Commercial, Urban Central Business District Overlay Commission District 2 - (Vacant) Neighborhood Service Center Wynwood/Edgewater Planner Darren Murphy, Planner II; Email: dmurphy@miamigov.com Property Owner LCOR, Inc. Project Representative Andres Rivero, Email: arivero@bilzin.com; A. REQUEST LCOR, Inc. the applicant and owner (the "Applicant") of the site located at 1775 Biscayne Boulevard, Miami, Florida (the "Property"), requests a Special Appearance to release a Declaration of Restrictive Covenant voluntarily proffered and recorded on August 10, 2007, in Official Records Book 25849, Pages 4009-4012 of the Public Records of Miami -Dade County, Florida (the "Covenant"). The Covenant is attached here as Attachment 2. B. RECOMMENDATION The Planning Department recommends Approval and full release of the Declaration of Restrictive Covenants as presented by the Applicant, based upon the facts and findings in this staff report. C. PROPERTY INFORMATION Per the Applicant's legal description, please see Attachment 1, the Property is legally described as: Tract "A" of V DOWNTOWN, according to the plat thereof as recorded in Plat Book 169, at Page 3, of the Public Records of Miami -Dade County, Florida. Staff Analysis Report No. PZ-22-15317: 1775 Biscayne Blvd -Special Appearance — Page 1 fo 7 DocuSign Envelope ID: 3B2CF9AC-21 C7-4907-AECA-4BE93DA32F5E 4 0 PU$l../ 411 NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the Information at the public hearing to render s recommendation or a final decision. PZ-22-15317 03/03/23 44, RtVIEW CO ' The Property is bounded by the following City of Miami (the "City") Thoroughfares: to the north — NE 18 Street, to the east — NE 4 Avenue, to the south — NE 17 Terrace, and to the west — Biscayne Boulevard, please refer to Figure 1. The Property is approximately 47,476 sq. ft. or 1.090 acres and is currently unimproved, with no built structures. The Miami 21's Zoning classification for this Property is "T6-36B-O", Urban Core Zone — Open ("T6-36B-O), and the Miami Comprehensive Neighborhood Plan's Future Land Use designation is "Restricted Commercial" and is within the Urban Central Business District Overlay. Refer to Figures 2 and 3. Figure 1: Aerial of the subject site - cyan blue outline Staff Analysis Report No. PZ-22-15317: 1775 Biscayne Blvd -Special Appearance — Page 2 fo 7 DocuSign Envelope ID: 3B2CF9AC-21 C7-4907-AECA-4BE93DA32F5E Figure 2: Future Land Use Designation to Pueoc1 ��© 11Y f]R'4 .13 �0 Gsa -7 Q. NOTICE GI This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating bodywill renew the Information at the public hearing to render s recommendation or a final decision. J, PZ-22-15317 44, 03/03/23 <C Staff Analysis Report No. PZ-22-15317: 1775 Biscayne Blvd -Special Appearance — Page 3 fo 7 DocuSign Envelope ID: 3B2CF9AC-21 C7-4907-AECA-4BE93DA32F5E Figure 3: Miami 21 Transect Zone ,co Queoc 4° h�^1w' 4 `11Y f1p� �Gsa 9'Q 4 NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the Information al the pubge hearing to render s recommendation or a final decision. J, PZ-22-15317 , 03/03/23 <VI Eim CO' Staff Analysis Report No. PZ-22-15317: 1775 Biscayne Blvd -Special Appearance — Page 4 fo 7 DocuSign Envelope ID: 3B2CF9AC-21 C7-4907-AECA-4BE93DA32F5E D. NEIGHBORHOOD CONTEXT -c0 Quetrch�^/1 44° 11Y f1R',f .13 NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the Information at the public hearing to render s recommendation or a final decision. J, PZ-22-15317 03/03/23 <VI Eity CO' SURROUNDING USES Miami 21 MCNP / Density Existing Use North T6-36B-O Restricted Commercial / 150 du per acre Commercial and Civic Support, Public Parking South T6-36B-O Restricted Commercial / 150 du per acre Lodging, Hotel, Office East T6-36B-O Restricted Commercial / 150 du per acre N/A — Private Park West T6-36B-O Restricted Commercial / 150 du per acre Commercial, General Commercial The Property is located within the Miami 21 "T6-36B-O" Transect Zone that is two (2) or more blocks wide going in a north -south direction along Biscayne Boulevard. The Property and the adjacent areas are predominated by Commercial and Lodging Uses with a Publix Supermarket directly west of Biscayne Boulevard and the Hilton Miami Downtown directly south of NE 17 Terrace. The Property is within the Downtown Development Authority (DDA) boundary. Regarding overlays, the Property is located within an FAA Height Limitation FAA-649-ft-Limit - FAA-649-ft-Limit, Urban Central Business District, Transit - Corridor/Transit Oriented Development, Density Area - Omni - 500 Units/Acre, and the Establish Setback — Biscayne Boulevard. E. BACKGROUND On August 10, 2007, then -owner V DOWNTOWN, INC., recorded the subject Declaration of Restrictive Covenant in connection with an adopted rezoning on May 24, 2007 (refer to Attachment 3) at the Property to amend the Zoning Atlas of Ordinance 11000 from its C-1 Restricted Commercial with an SD-20. 1 for the Biscayne Boulevard Edgewater Overlay District and an SD-19 for a designated FAR Overlay District of 3.0 to SD-6, Central Commercial - Residential District, and SD-20.1, refer to Attachment 2. The Covenant contains the following condition: The development factor for the Property is restricted to a FAR or Floor Area Ratio of 5.0 as defined under the previous Zoning Ordinance 11000. Staff Analysis Report No. PZ-22-15317: 1775 Biscayne Blvd -Special Appearance — Page 5 fo 7 DocuSign Envelope ID: 3B2CF9AC-21 C7-4907-AECA-4BE93DA32F5E 4 0 PUBS/ '-N to 411 NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the Information at the public hearing to render s recommendation or a final decision. PZ-22-15317 03/03/23 44, '' VIEW COO F. ANALYSIS Based on the Applicant's existing Covenant, Section (4) of the existing covenant entitled "Modification, Amendment, Release" states the Covenant may be released by a written instrument executed by the Owner of the Covenant Property and with the approval by City Commission, after a public hearing. The Covenant was required by the City in connection with an amendment to the City's zoning atlas related to a Master Use Special Permit ("MUSP") approval which was granted for the Property under the previous zoning code, Ordinance 11000. The Covenant's condition was to restrict the Property by limiting the maximum Floor Area Ratio to 5.0. In 2010, the City repealed and replaced Ordinance 11000 with the City's current zoning code ("Miami 21"), voiding the prior zoning designation on the Property, and replacing the FAR standard with a new Floor Lot Ratio ("FLR") standard. Additionally, the original 2007 MUSP approval on the Property was subsequently abandoned and the contemplated project was never constructed. In 2013, the City again rezoned the Property to a T6-36B-O designation, which permits a FLR of 22 on the Property by right, or up to 30.8 with certain Public Benefit bonuses, per Miami 21, Article 5, Section 5.6 (T6-36) — d. Floor Lot Ratio (FLR). Later in 2018, the City approved Waiver 2018-0015 on 3/21/2018 allowing a mixed -use tower on the Property with 1,219,400 square feet of floor area, the equivalent of an FLR of approximately 25.6. The approved architectural plans for Waiver 2018-0015 are included in Attachment 3. G. COVENANT RELEASE COMMITTEE The Covenant Release Committee ("Committee") met on October 20, 2022, and reviewed the request to release this Covenant for PZ-22-14798: 1775 BISCAYNE BLVD-Release of Declaration of Restrictive Covenant, refer to Attachment 4. H. CONCLUSION Based upon the analysis herein and the recommendation from the Covenant Release Committee, the Planning Department recommends Approval of a full release of the Declaration of Restrictive Staff Analysis Report No. PZ-22-15317: 1775 Biscayne Blvd -Special Appearance — Page 6 fo 7 DocuSign Envelope ID: 3B2CF9AC-21 C7-4907-AECA-4BE93DA32F5E FAtisUt DocuSigned by: 7F35EEF4CEC3'1W.. Lakisha Hull, AICP, LEED AP BD+C Planning Director LDocuSAG4Aigned by: E415... Sevanne Steiner, CNU-A, Assistant Director, Planning Department ,co Quetrch�^1w' 04- ,s• ay 9'Q 4 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the Information al the pubge hearing to render a recommendation or a final decision. J, PZ-22-15317 03/03/23 <VI Eilv CO' Attachments: • Attachment 1: Legal Description • Attachment 2: Declaration of Restrictive Covenants running with the Property, recorded on August 10, 2007, in Official Records Book 25849, Pages 4009-4012 of the Public Records of Miami -Dade County, Florida • Attachment 3: File Number: 06-01057zc — Adopted Zoning Ordinance, May 24, 2007 & Waiver 2018-0015 • Attachment 4: Release Review Committee Memo - dated October 20, 2022 NOTICE The Final Decision of the Planning Director, or his/her designee, may be appealed to the Planning, Zoning and Appeals Board by any aggrieved party within fifteen (15) days of the date of the posting of the decision on the City's website. The filing of an appeal, and payment of appropriate fee, may be submitted online at https://www.miamigov.com/Services/Solve-a-Problem/Appeal-a-Warrant-or-a-Waiver. Staff Analysis Report No. PZ-22-15317: 1775 Biscayne Blvd -Special Appearance — Page 7 fo 7 AERIAL E P LAN ID: PZ-22-15317 SPECIAL APPEARANCE ADDRESS: 1775 BISCAYNE BLVD 0 125 250 500 Feet This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code.The applicable decision -making body wilt review the Information at the public hearing to render a recommendation or a fine t decision. PZ-22-15317 03/03/23 MIAMI 21 (EXISTING) EPLAN ID: PZ-22-15317 SPECIAL APPEARANCE ADDRESS: 1775 BISCAYNE BLVD 0 125 250 h 500 Feet This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review Me Information at the public hearing to render a recommendation or a final decision. PZ-22-15317 03/03/23