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Home My WebLink AboutAnalysis and MapsDocuSign Envelope ID: 4C18C5C8-BAA1-4Al2-A458-2D0E0798EC13 This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decislon-making body NOR resiew the information at the public hearing to render a recommendation or a final decision. PZ-22-15767 03/07/23 City of Miami Planning Department Division of Lam' n+welopmer ANALYSIS FOR SPECIAL APPEARANCE Staff Analysis Report No. ePlan File ID: PZ-22-15767 Location 400 SE 2 AV Folio Number 0131370220020 Miami 21 Transect T6-80-0 Urban Core Zone MCNP Designation Restricted Commercial Commission District District 2 Department of Human Service Neighborhood Service Center Downtown-Brickell Planner Zhaokai Liu, Planner II Property Owner City of Miami -Dept of P& Dassest Management Division Project Representative Iris Escarra, Esq., escarrai@gtlaw.com A. REQUEST Pursuant to Section 3(mm)(iii) of the City Charter of the City of Miami, Florida (the "Charter"), HRM Owner, LLC (the "Applicant"), owner of the above referenced properties, submitted a request for Side Yards/Waterfront Side Setback modification pursuant to Section 3(mm)(iii) of the Charter and Section 3.11 of Miami 21 for the redevelopment of the property located at 400 SE 2 Avenue. Specifically, the Applicant seeks City Commission approval to permit the following modifications to the Miami 21 and Charter's waterfront side yard and waterfront setback requirements. Staff Analysis Report No. (PZ-22-15767) — Page 1 DocuSign Envelope ID: 4C18C5C8-BAA1-4Al2-A458-2D0E0798EC13 This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decislon-making body NOR resiew the information at the public hearing to render a recommendation or a final decision. PZ-22-15767 03/07/23 WATERFRONT SIDE -YARD SETBACK/VIEW CORRIDORS Required Provided Waterfront Frontage Length Average Lot Width 390'- 11" Average Lot Width 390'- 11" Required 25% Side -Yard Aggregate 97'-7" aggregate 10'-0" to 173'-3" Side -Yard • 10' 0" North Side of the side yard • 173" 3" South Side of the side yard Applicant requests a modification to the average side yards setback to provide varying side yard setbacks ranging from 10' to 173'-3". WATERFRONT SETBACK Required Provided Waterfront Setback 50 feet 50 feet B. RECOMMENDATION Pursuant to Section 3(mm)(iii) of the City Charter, the Planning Department recommends Approval with Conditions of the request for Side Yards/Waterfront Side Setback modification pursuant to Section 3(mm)(iii) of the Charter and Section 3.11 of Miami 21 for the redevelopment of the property located at 400 SE 2 Avenue. Standards based upon the facts and findings in this staff report. C. PROJECT DATA SURROUNDING USES Miami 21 MCNP / Density Existing Use North Urban Core T6-80-0 Central Business District Hotel South Urban Core T6-48B-O Restricted Commercial Commercial East Urban Core T6-80-0 Central Business District Residential West Urban Core T6-80-0 Central Business District Hotel ). BACKGROUND The Property is located in the Downtown-Brickell neighborhood of the City of Miami and is owned by the City of Miami. The property fronts SE 2 Avenue to the East, the Miami River to the south, a hotel building to the west and the 1-95 off ramp to the north. Under Miami 21, the Staff Analysis Report No. (PZ-22-15767) — Page 2 DocuSign Envelope ID: 4C18C5C8-BAA1-4Al2-A458-2D0E0798EC13 4 PURL/ r F G 0 Q- Q. NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decislon-making body NOR resiew the information at the public hearing to render a recommendation or a final decision. PZ-22-15767 03/07/23 44, ''VIEW COs-Q Property is zoned T6-80-0 and is located within the Central Business District Residential Density Increase Area. The City's Future Land Use Map designates the Property as Urban Central Business District. The Property is located within a Transit Oriented Development (TOD) and provides a direct connection to the James L. Knight Center Metromover Station. On November 8, 2022, the City's electors voted in favor of allowing the negotiation of a new ground lease between the City and the Applicant for proposed redevelopment of the Property. The proposed project is consistent with the uses of James L. Knight Center, the Miami Convention Center, the Miami Conference Center and the Haytt Regency Hotel that were constructed in the 1970s. E. ANALYSIS In 1979, the City Charter was amended to require that all new buildings along Biscayne Bay and certain portions of the Miami River must be (1) set back at least 50 feet from the seawall and (2) provide average side yards equal in aggregate to at least 25% of the waterfrontage of each lot based on average lot width. The 1797 Charter amendment contained various exceptions including: the James L. Knight Center and hotel facility, including all improvements thereon, public and private facilities on City -owned properties, and land and project which the City Commission had approved prior to September 18, 1979. Therefore, the Property was exempt from the 1979 Charter amendment. Per Section 3.11 of Miami 21 title "Waterfront Standards" provides Setbacks, walkways and Waterfront standards "in additional to the Miami City Charter requirements." Requires a minimum 50- foot Setback from the Waterfront and requires Waterfront Side Setabaks of at least 25 % of the water frontage of each Lot based on average Lot Width. Miami 21 defines Lot Width as the narrowest dimension Frontage Line of a Lot which conflicts with Zoning Ordinance 6871's definition of Average Lot Width. The discrepancy between the Lot Width definition in Miami 21 and the Average Lot Width definition in the City Charter creates uncertainty as to applicable Waterfront Side Setbacks under Miami 21 for irregularly shaped lots such as the proposed Property. The Property has an Average Lot Width of 390 feet 11 inches which requires approximately 97 feet 7 inches of average side yards/Waterfront Side Backs. Due to the Property's lot width, its irregular shape, and topography, the Application is proposing to modify the required average side yards/Waterfront Side Setbacks to provide varying side yards/Waterfront Side Setbacks ranging from 10 feet to 173 feet 3 inches. Staff Analysis Report No. (PZ-22-15767) — Page 3 DocuSign Envelope ID: 4C18C5C8-BAA1-4Al2-A458-2D0E0798EC13 4 PURL/ r F G 0 Q- Q. NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decislon-making body NOR resiew the information at the public hearing to render a recommendation or a final decision. PZ-22-15767 03/07/23 44, ''VIEW CO - Pursuant to Section 3(mm)(iii) of the Charter, the above setback and side -yard requirements may be modified by the city commission after design and site -plan review and public hearing only if the city commission determines that the modifications requested provide public benefits such as direct public access, public walkways, plaza dedications, covered parking up to the floodplain level, or comparable benefits which promote a better urban environment and public advantages, or which preserve natural features. Wherever setback, side -yard, or site -plan review requirements of zoning ordinances are greater than the foregoing requirements, such greater requirements shall govern. On January 06, 2023 the Planning and Zoning Departments conducted a site visit. The applicant depicted the proposed Waterfront Side Setback for the Property are publicly accessible. It will provide a new green, open space for socializing, playing and physical activity. The proposed design will include a new Riverwalk pedestrian access from the north, east and west. The proposed plan will connect the Miami River Greenway and allow cyclists and pedestrian to travel from the South Miami Avenue bridge to Maurice Ferre Park along the Miami River and Biscayne Bay. Subpart A, Section 3(mm)(ii) of the City Charter requires that developments located along Miami River provide: 1. A minimum waterfront setback of 50 feet, and 2. Waterfront side yards equal in aggregate to at least 25% of the lot's water frontage. The Project provides the required 50-foot waterfront setback along the ground floor and for the entirety of the site. The applicant is requesting a modification to the average side yards setback to provide varying side yard setbacks ranging from 10 feet to 173 feet-3 inches along east side of the Property fronts Brickell Avenue. As required by Section 3(mm)(ii) of the City Charter, the Applicant is providing various public benefits such as direct public access, public walkway, and other comparable benefits which promote a better urban environment and public advantages, in connection with the proposed modifications. Below is a summary of the public benefits provided by the Project. 1. Riverwalk Access. This is a requirement per Miami 21. 2. Connecting Miami River Greenway. This is a requirement per Miami 21. Staff Analysis Report No. (PZ-22-15767) — Page 4 DocuSign Envelope ID: 4C18C5C8-BAA1-4Al2-A458-2D0E0798EC13 This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decislon-making body NOR resiew the information at the public hearing to render a recommendation or a final decision. PZ-22-15767 03/07/23 F. RECOMMENDATION Based on the information reviewed by the Planning Department, conditions of approval, and staff analysis, the Planning Department recommends Approval with conditions of the Applicant's request to modify the waterfront side yard and waterfront setback requirements for the Project. G. CONDITIONS Pursuant to Section 3(mm)(iii) of the Charter, the Planning Department recommends Approval of the Applicant's request to modify the waterfront side yard and waterfront setback requirements for the Project, subject to the following conditions: 1. This approval is only for those elements discussed herein. Full compliance is required with all other requirements of the Miami 21 Zoning Code, City Code, and all County, State and Federal agencies and regulations. 2. The Applicant shall comply with all applicable requirements as part of the building and permitting process. 3. In keeping with the integrity of the architectural design of the Project, off site signage shall be prohibited. 4. The Property shall comply with all Building Code regulations and shall not have any open Code violations. 5. The City reserves the right to inspect the site to ensure compliance with the conditions as listed. 6. Failure to comply with the conditions herein shall result in the immediate revocation of this Resolution and shall be subject to any fines and penalties pursuant to City Code. 7. The subject property is located within a high probability archaeological conservation area. All ground disturbing activity will require a Certificate to Dig at the time of permitting. Staff Analysis Report No. (PZ-22-15767) — Page 5 DocuSign Envelope ID: 4C18C5C8-BAA1-4Al2-A458-2D0E0798EC13 ,-DocuSigned by: iS c �F4FFFFnrRrUQF Lakisha Hull, AICP, LEED AP BD+C Planning Director ,-DocuSigned by: Simi- S.ful �3n�srnr5A.E7E446 Sevanne Steiner, CNU-A Interim Chief Land Development/ Assistant Director This submittal needs b be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code.The applicade decision -making bodywill rewewthe information at the public hearing to render a recommendation or a final decision. PZ-22-15767 03/07/23 Staff Analysis Report No. (PZ-22-15767) — Page 6 MIAMI 21 ATLAS (EXISTING) EPLAN ID: PZ-22-15767 SPECIAL APPEARANCE ADDRESS(ES): 400 SE 2 AV 0 125 250 500 Feet This submittal needs to be schebu led bra public hearing In accordance wilt Inmellnes set forth in the City of Miami Code. The appllcade decIslon-making burly will renewthe Informagon at the public hearing to render a recommendation or a final decw on. PZ-22-15767 03/07/23 BISCAYNE BLVVY N AERIAL EPLAN ID: PZ-22-15767 SPECIAL APPEARANCE ADDRESS(ES): 400 SE 2 AV 0 125 250 500 Feet o. NOTICE This submittal needs to be schebu led bra public hearing In accordance wilt Inmellnes set forth in the City of Miami Code. The appllcade decIslon-making burly will renewthe Informagon at the public hearing to render a recommendation or a final decw on. PZ-22-15767 03/07/23