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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: R-22-0083 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING WITH CONDITIONS A REDUCTION OF THE WATERFRONT SETBACK REQUIREMENTS PURSUANT TO SECTION 3(MM)(III) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR A PROJECT GENERALLY LOCATED AT 700, 725, AND 708 NORTHEAST 24 STREET, 2347 NORTHEAST 7 AVENUE, 2395, 2341, 2311, 2301, 2344, 2328, 2320, AND 2336 NORTHEAST 6 AVENUE, 2340, 2330, AND 2320 NORTHEAST 7 AVENUE, AND 711 NORTHEAST 23 TERRACE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: 700 Northeast 24 Street, 725 Northeast 24 Street, 708 Northeast 24 Street, 2347 Northeast 7 Avenue, 2395 Northeast 6 Avenue, 2341 Northeast 6 Avenue, 2311 Northeast 6 Avenue, 2301 Northeast 6 Avenue, 2344 Northeast 6 Avenue, 2328 Northeast 6 Avenue, 2320 Northeast 6 Avenue, and 2336 Northeast 6 Avenue, 2340 Northeast 7 Avenue, 2330 Northeast 7 Avenue, 2320 Northeast 7 Avenue, 711 Northeast 23 Terrace, Miami, Florida [Commissioner Ken Russell - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of 24 Plaza Corp PURPOSE: Applicant request a Special Appearance to allow for modification of the Waterfront Standards requirement, to permit the construction of a mixed -use project consisting of two 60-story towers with 782 residential units and approximately 8,956 square feet of ground floor commercial space, parking, and ground floor retail uses. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Not Applicable. caw Op � ixiaxr aixllo +� � lin9i File Number: 11466 City of Miami Legislation Resolution Enactment Number: R-22-0083 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:2/24/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING WITH CONDITIONS A REDUCTION OF THE WATERFRONT SETBACK REQUIREMENTS PURSUANT TO SECTION 3(MM)(III) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR A PROJECT GENERALLY LOCATED AT 700, 725, AND 708 NORTHEAST 24 STREET, 2347 NORTHEAST 7 AVENUE, 2395, 2341, 2311, 2301, 2344, 2328, 2320, AND 2336 NORTHEAST 6 AVENUE, 2340, 2330, AND 2320 NORTHEAST 7 AVENUE, AND 711 NORTHEAST 23 TERRACE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 15, 2019, Iris V. Escarra, on behalf of 24 Plaza Corp. ("Applicant") requested a modification of the Waterfront Standards requirement for the Aria Reserve project located at approximately 700 Northeast 24 Street, legally described in Exhibit "A," attached and incorporated ("Property"), pursuant to Section 3(mm)(iii) of the Charter of the City of Miami, Florida, as amended ("Charter"); and WHEREAS, the Applicant seeks City Commission approval to permit the following modifications to the Charter's waterfront side yard and waterfront setback requirements: WATERFRONT SIDE -YARD SETBACK/VIEW CORRIDORS Required Provided Waterfront 480'- 1" 480'- 1" Frontage Length Required 25% 120'-0" 37'-0" aggregate Side -Yard (open to sky) Side -Yard aggregate . 27'-0" North Side (open to sky) Aggregate (open to sky) . 10'-0" South Side (open to sky) Required 25% 120'-0" 163'-5" (with minimum vertical clearance)** View Corridor aggregate . 27'-0" North Side (open to sky) Aggregate (open to sky) . 10'-0" South Side (open to sky) • 62' -0" View Corridor (34'-2" vertical clearance) • 44'-11"North View Corridor (37'-0" vertical clearance) • 19'-6" South View Corridor (3V-2" vertical clearance) *Applicant requests a modification to the required side -yard setbacks to provide 37'-0" aggregate side -yard setbacks were 120'-0" are required. **Applicant is requesting a modification to the required View Corridors to provide 163'-5" of aggregate View Corridors with a minimum vertical clearance of 317' where 120'-0" of aggregate View Corridors open to the sky are required. WATERFRONT SETBACK Required Provided Waterfront Setback 50 feet 42 feet* *Applicant requests a reduction to the required waterfront setback to provide a 42-foot setback above the ground floor where a 50-foot setback is required. Applicant will provide the required 50-foot setback along the ground floor. and WHEREAS, the Property is located in the Edgewater neighborhood of the City of Miami ("City") and is subject to the Island Bay Tentative Plat #1893-H which was approved by the City's Plat and Street Committee at its June 9, 2020 meeting; and WHEREAS, on June 9, 2020, the City's Plat and Street Committee approved the proposed tentative plat for the Property (known as Island Bay Tentative Plat #1893) and recommended approval of the proposed street closures under the Plat; and WHEREAS, the right-of-way closures proposed by the Island Bay Plat (Northeast 5 Avenue, Northeast 6 Avenue, and Northeast 7 Avenue and the dead-end portions of Northeast 23 Terrace and Northeast 24 Street) were subsequently approved by the City Commission on October 22, 2020 pursuant to Resolution No. R-20-0357; and WHEREAS, the Property is bound by Northeast 5 Avenue to the west, Northeast 23 Street to the south, Biscayne Bay to the east, and Northeast 24 Street to the north; and WHEREAS, the Property contains a total lot area of 168,262 square feet (3.86 acres) and currently consists of mostly vacant land and some older multi -family residential buildings which will be demolished in connection with the development of the Property; and WHEREAS, the Applicant proposes to develop the Property with a mixed -use Project consisting of two (2) 60-story towers with 782 residential units and approximately 8,956 square feet of ground floor commercial space, parking, and ground floor retail uses ("Project"); and WHEREAS, the Project is also subject to a separate Waiver application being processed by the Office of Zoning under PZ-19-1989 pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), for the following: a. Waiver pursuant to Article 7, Section 7.1.2.5(a)(29) of the Miami 21 Code to permit up to a ten percent (10%) reduction for the side and rear Setback requirements above the 8th Story for the North Tower from thirty feet (30') to twenty-seven feet (27'). b. Waiver pursuant to Article 7, Section 7.1.2.5(a)(29) of the Miami 21 Code to permit a ten percent (10%) increase in the maximum Building Floorplate length above the 8th Story from one hundred eighty (180) feet to one hundred ninety- eight feet (198') for the North and South Towers. C. Waiver pursuant to Article 7, Section 7.1.2.5(29) of the Miami 21 Code to permit up to a ten percent (10%) reduction in the drive aisle width from twenty-three feet (23') to twenty-two feet (22'). d. Waiver pursuant to Article 5, Section 5.6.4(e) of the Miami 21 Code to permit along a Secondary Frontage above ground parking to extend into the Second Layer beyond fifty percent (50%) of the length of the Frontage if an art, glass, or architectural treatment of a design approved by the Planning Director is provided for that portion of the fagade. e. Waiver pursuant to Article 5, Section 5.6.4(d) of the Miami 21 Code to permit along a Primary Frontage above ground parking to extend into the Second Layer along the Frontage if an art, glass, or architectural treatment of a design approved by the Planning Director, with the recommendation of the Urban Design Review Board ("UDRB"), is provided for one hundred percent (100%) of that portion of the fagade. f. Waiver pursuant to Article 7, Section 7.1.2.5(10) of the Miami 21 Code to permit substitution of one (1) Industrial Loading Berth for two (2) Commercial Loading Berths; and WHEREAS, the Charter requires that developments located along Biscayne Bay provide (1) a minimum waterfront setback of fifty feet (50') and (2) Waterfront side yards equal in aggregate to at least twenty-five percent (25%) of the lot's water frontage; and WHEREAS, the Project provides the required fifty foot (50') waterfront setback along the ground floor and for the entirety of the site with the exception of the North Tower above the ground floor; and WHEREAS, the Applicant requests a modification of the required waterfront setback to permit the balconies along the North Tower's eastern fagade to encroach up to eight feet (8') into the waterfront setback above the ground floor; and WHEREAS, the proposed eight foot (8') balcony encroachment into the required waterfront setback for the North Tower will begin on the Second Story and will not have any negative adverse public effects including on public access to or views of the waterfront; and WHEREAS, the eight foot (8') balcony encroachment does not extend above the public baywalk area which will remain open to the sky; and WHEREAS, the Charter requires minimum twenty-five percent (25%) aggregate side yards and open to the sky View Corridors; and WHEREAS, the Applicant is providing thirty-seven feet (37') of aggregate side yards and open to the sky View Corridors where one hundred twenty feet (120') is required; and WHEREAS, the Applicant requests to modify the required side yards and View Corridor requirements to provide View Corridors totaling approximately one hundred sixty three feet five inches (163' 5") throughout the site with a minimum vertical clearance of thirty-one feet two inches (31' 2"); and WHEREAS, as required by Section 3(mm)(ii) of the Charter, the Applicant provides various public benefits such as direct public access, public walkway, plaza, covered parking up to the floodplain level, and other comparable benefits which promote a better urban environment and public advantages in connection with the proposed modifications; and WHEREAS, on September 6, 2018, the Miami -Dade County Biscayne Bay Shoreline Development Review Committee reviewed the Project for compliance with the Miami -Dade County Shoreline Development Review Ordinance (Section 33-D of the Miami -Dade Code of Ordinances) and adopted Resolution No. 19-SDRC-012 approving the Project subject to conditions; and WHEREAS, on July 21, 2021, the UDRB, having heard concerns and objections raised by stakeholders, made findings to recommend approval with conditions and adopted Resolution No. UDRB-21-02; and WHEREAS, the City Commission has considered the recommendations of support with conditions for this application provided by the Miami -Dade County Biscayne Bay Shoreline Development Review Committee as announced in Resolution No. 19-SDRC-012 and the UDRB as announced in Resolution No. UDRB-R-21-021; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City to approve with conditions the requested modifications to the required Waterfront and Side setbacks as set forth herein because the modifications provide public benefits, including those referenced in Section 3(mm)(iii) of the Charter; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Commission, after design and site -plan review and public hearing in accordance with Section 3(mm)(iii) of the Charter and Article 3, Section 3.11 of the Miami 21 Code, hereby determines that the modifications to the Waterfront and Side setback requirements requested by the Applicant provide public benefits which promote a better urban environment and public advantages and hereby approves the modification of the Waterfront Standards and Side setback requirements for the Project located at approximately 700 Northeast 24 Street, Miami, Florida and as legally described in Exhibit "A," attached and incorporated, subject to the following conditions: 1) The site shall be developed substantially in accordance with the plans titled "Aria Reserve, 24 Plaza Corp" as prepared by Arquitectonica consisting of 99 pages, dated July 30, 2021, with amendments through September 30, 2021, batch stamped by the Planning Department. 2) This approval is only for those elements discussed herein. Full compliance is required with all other requirements of the Miami 21 Code; the Code of the City of Miami, Florida, as amended ("City Code"); and all Miami -Dade County, State of Florida, and Federal agencies and regulations. 3) The Applicant shall comply with all applicable requirements as part of the building and permitting process. 4) In keeping with the integrity of the architectural design of the Project, off site signage shall be prohibited. 5) The Sculpture Garden and Art Wall shall be reviewed and approved by the Planning Director or designee. 6) The Property shall comply with all Building Code regulations and shall not have any open Code violations. 7) The City reserves the right to inspect the site to ensure compliance with the conditions as listed. 8) 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 the City Code. Section 3. The Applicant's request for various Waivers pursuant to Article 7, Section 7.1.2.5(a) of the Miami 21 Code for the Project will be processed administratively as detailed in Article 7 of the Miami 21 Code. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 Un -fin dez, City Nttor i 2y 2/14/2022 ' This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission.