HomeMy WebLinkAboutAnalysis ModifiedAnalysis for Major Use Special Permit for the
The Onyx 2 Project
located at approximately
421-455 NE 28th Street and 460-462 NE 28th Street
CASE NO. 2004-072
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for The Onyx 2 Project has been reviewed to allow a Ma-
jor Use Special Permit per Articles 5, 9, 13 and 17, to construct a 543-foot, 49-story high
mixed use structure to be comprised of 117 total multifamily residential units, and 163
total parking spaces.
This Permit also includes the following requests:
Per City Code, Chapter 36, Construction Equipment, request for waiver of noise
ordinance while under construction for continuous pours:
MUSP, as per Article 5, Section 502, PUD District, to increase the floor area by
twenty percent, 30,677.9 square feet;
MUSP, as per Article 9, Section 914, a development bonus to permit a mixed use
of 46,016.9 square feet of floor area will be paid to the Affordable Housing Trust
Fund at the applicable rate at time of permitting;
SPECIAL EXCEPTION PERMIT, as per City of Miami Zoning Ordinance 11000,
amended, as per Article 9, Section 915.2, for FAA Clearance letter;
VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended,
Article 4, Section 401, Schedule of District Regulations, required side street yard;
Required 15 side street yard setback (SW 15 Street)
Proposed 0
Request to waive side street yard setback
CLASS II, as per Article 4, Section 401, to allow a construction fence and
covered walkway;
CLASS 11, as per Article 6, Section 620.3.1, for development of new construction
within the SD-20 Overlay District;
CLASS 11, as per Article 6, Section 620.8, for approval of signage;
CLASS 11, as per Article 9, Section 927, to allow temporary off -site parking during
construction;
CLASS 11, as per Article 9, Section 922.4, maneuvering of trucks on public right
of way;
CLASS 11, as per Parking Guides and Standards, to reduce the required 23 feet
back up dimension to 21' 2"
CLASS 11, as per Article 9, Section 908.2 for access from a public street roadway
width greater than twenty-five feet;
CLASS 1, as per Article 9, Section 906.9, to allow for a special event namely a
ground breaking ceremony;
CLASS 1, as per Article 9, Section 906.6, for active recreational facilities
(including swimming pools);
CLASS 1, as per Article 9, Section 918.2, to permit staging and parking during
construction (to be approved prior to obtaining a building permit from the
Department of Planning and Zoning);
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CLASS I, as per Article 9, Section 917.1.2 to allow valet parking for residential
use;
CLASS I, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
CLASS I, as per Article 9, Section 920.1, to allow a construction trailer and
watchman's quarters;
CLASS I, as pre Article 9, Section 920.1, to allow a trailer(s) for construction and
other temporary offices such as leasing and sales;
REQUEST for applicable MUSP conditions to be required at the time of shell
permit instead of at issuance of foundation permit;
REQUEST that the following MUSP conditions be required at the time of Temporary
Certificate of Occupancy or Final Certificate of Occupancy instead of at the issuance of
foundation permit:
a. the requirement to record in the Public Records a Declaration of Covenants and
Restrictions providing that the ownership, operation and maintenance of all
common areas and facilities will be by the property owner or a mandatory
property owner association; and
b. the requirement to record in the Public Records a unity of title or covenant in lieu
of unity of title.
Pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance 11000, approval of the
requested Major Use Special Permit shall be considered sufficient for the subordinate
permits requested and referenced above as well as any other special approvals required
by the City which may be required to carry out the requested plans.
In determining the appropriateness of the proposed project, the Planning and Zoning
Department has referred this project to the Large Scale Development Committee
(LSDC) and the Planning & Zoning's Internal Design Review Committee for additional
input and recommendations; the following findings have been made:
• It is found that the proposed development project will benefit the area by creating
new residential opportunities in the Wynwood/Edgewater NET District, located east
of Biscayne Boulevard on NE 28th Street.
• It is found that the subject property is located in the "Bankers Park" Plat within the
Edgewater neighborhood of the City.
• It is found that the existing zoning designations for the property pursuant to the
Zoning Ordinance of the City of Miami, Florida are R-4 "Multifamily High Density
Residential District" and SD-20 "Edgewater Overlay District".
• It is found that the proposed density of the project is 100 units per acre, which is
below the maximum 150 units per acre permitted for the 1.17± net acre site.
• It is found that within the project site is the location of the historic Alonzo Bliss Jr.
house at 455 NE 28th Street (constructed c. 1916) which exemplified the bungalow
style architecture, prominent in Miami in the early 20th century. The developer shall
create a waterfront passive park on the site to be named "Bliss Park".
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• It is found that the proposed project was reviewed by the Design Review Committee
on March 23, 2004, and the following pertinent comments were made: Because the
proposal has a large amount of gross lot area, including benefiting from additional
gross lot area because of its adjacency to Biscayne Bay, and the proposal is re-
questing the maximum amount of FAR on the site, including a 20% increase for a
PUD bonus, and a 25% increase for the affordable housing bonus, and the project
proposes transferring all of the F.A.R. from the southern parcel onto the northern
parcel, the cumulative effect of these conditions creates a building which is out of
scale within the context of the neighborhood and the small street on which it is situ-
ated; Although other large scale development is occurring within the Edgewater dis-
trict, the proposed 50-story height is inappropriate directly adjacent to the small scale
residential development on this block. Most of the taller proposals in this area have
larger sites to place the building footprint on, while proposals which are only one lot
deep, such as this case, tend not to exceed 20 stories in height. In addition, the
eight -story garage will tower over the surrounding smaller buildings on the adjacent
streets and is inappropriate; Consider revising the scheme of the project by not in-
cluding the proposed F.A.R. bonuses, and/or by providing two smaller towers on the
parcels on each side of NE 28th St. This will provide a more appropriately scaled
project and will provide an opportunity to create a great street section by designing
buildings on each side of the street; Combine the circular vehicular turnaround within
the southern parcel of the property with the vehicular drop-off in the northern parcel
in order to reduce the amount of vehicular circulation in the site. Consider providing
one circular drop off on axis with the end of NE 28th St., in line with the proposed
pergola; The west and north portions of the garage which are visible from abutting
properties need to be addressed. These facades shall be articulated so that vehicles
are completely hidden from public view, and shall appear less garage -like in appear-
ance. Consider continuing the pattern of window and balcony openings from the rest
of the facade on this area so that the garage becomes integrated into the framework
of the design; Provide a tree survey and a tree disposition plan indicating which trees
are to remain, be removed or be relocated. The tree disposition plan shall illustrate
the location of any overhead or underground utilities, the location of the proposed
new construction, and the new locations of existing trees to be relocated on site;
Provide a continuous canopy of shade trees to provide shade for pedestrians along
NE 28th St. These shade trees shall be aligned close to the edge of the curb in the
public right of way (at no greater than 33' on center) to provide a buffer for pedestri-
ans from vehicular traffic. Palm trees may be utilized periodically as an architectural
accent to the architecture of the building; The proposed bayfront walk with the dou-
ble rows of palm trees is a positive contribution and public amenity for this location.
• It is found that the project was reviewed by the Large Scale Development Committee
on May 11, 2004 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that a review of the proposed project was provided by Miami -Dade Public
Schools on May 11, 2004, which stated that the requirements of the interlocal
agreement for school facility planning are not triggered since the applicant is not
requesting additional residential density over what is currently allowed the existing
zoning classification. The student population generated by this development is
estimated at 26 students. Pursuant to the interlocal agreement, the schools serving
this area of application (Phillis Wheatley Elementary - 60% FISH Capacity with the
proposed project, Jose De Diego Middle — 113% FISH, and Booker T. Washington
High (60% FISH) does not meet the review threshold of 115%.
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• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on May 19, 2004, which recommended approval
(UDRB Reso. 5-19-04-2) with the following conditions: Work with staff to articulate
the north facade of the parking podium applying a stucco finish, and precast
concrete in a way that both materials can be expressed; Work with staff to reduce
the traffic circle for the firetruck access; Work with staff to insure that the private
park/memorial will be properly maintained. The Planning and Zoning Department's
review resulted in design modifications that were then recommended for approval to
the Planning and Zoning Director.
• It is found that the proposed project was reviewed for a Side Street Setback
Variance application by the Miami Zoning Board at its meeting of July 26, 2004, Item
No. 10, and RECOMMENDED approval by a vote of six to two (6-2), requiring City
Commission approval.
• It is found that on June 2, 2004, the City's Traffic Consultant, URS Corp., provided a
Review of the Traffic Impact Analysis submitted by the applicant and has found the
traffic analysis not sufficient.
• It is found that the proposed project is not located in an Archeological Conservation
area and is not required to undergo Historic and Environmental Preservation Board
(HEPB) review.
• It is found that with respect to all additional criteria as specified in Section 1305 of
Zoning Ordinance 11000, the proposal has been reviewed and found to be
adequate.
Based on these findings, the Planning and Zoning Department is recommending
approval of the requested Development Project with the following conditions:
1. Meet all applicable building codes, land development regulations, ordinances
and other laws and pay all applicable fees due prior to the issuance of a
building permit.
2. Allow the Miami Police Department to conduct a security survey, at the option
of the Department, and to make recommendations concerning security
measures and systems; further submit a report to the Department of Planning
and Zoning, prior to commencement of construction, demonstrating how the
Police Department recommendations, if any, have been incorporated into the
PROJECT security and construction plans, or demonstrate to the Director of
the Department of Planning and Zoning why such recommendations are
impractical.
3. Obtain approval from, or provide a letter from the Department of Fire -Rescue
indicating APPLICANT'S coordination with members of the Fire Plan Review
Section at the Department of Fire -Rescue in the review of the scope of the
PROJECT, owner responsibility, building development process and review
procedures, as well as specific requirements for fire protection and life safety
systems, exiting, vehicular access and water supply.
4. Obtain approval from, or provide a letter of assurance from the Department of
Solid Waste that the PROJECT has addressed all concerns of the said
Department prior to the obtainment of a shell permit.
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5. Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the
Application for Development Approval, with the understanding that the
APPLICANT must use its best efforts to follow the provisions of the City's
Minority/Women Business Affairs and Procurement Program as a guide.
6. Prior to the issuance of a shell permit, provide the City with a recorded copy of
the MUSP permit resolution and development order, and further, an executed,
recordable unity of title or covenant in lieu of unity of title agreement for the
subject property; said agreement shall be subject to the review and approval of
the City Attorney's Office.
7. Provide the Department of Planning and Zoning with a temporary construction
plan that includes the following: a temporary construction parking plan, with an
enforcement policy; a construction noise management plan with an
enforcement policy; and a maintenance plan for the temporary construction
site; said plan shall be subject to the review and approval by the Department of
Planning and Zoning prior to the issuance of any building permits and shall be
enforced during construction activity. All construction activity shall remain in full
compliance with the provisions of the submitted construction plan; failure to
comply may lead to a suspension or revocation of this Major Use Special
Permit.
8. In so far as this Major Use Special Permit includes the subordinate approval of
a series of Class I Special Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Department of Planning
and Zoning with all subordinate Class I Special Permit plans and detailed re-
quirements for final review and approval of each one prior to the issuance of
any of the subordinate approvals required in order to carry out any of the re-
quested activities and/or improvements listed in this development order or cap-
tioned in the plans approved by it.
9. If the project is to be developed in phases, the Applicant shall submit an interim
plan, including a landscape plan, which addresses design details for the land
occupying future phases of this Project in the event that the future phases are
not developed, said plan shall include a proposed timetable and shall be sub-
ject to review and approval by the Director of Planning and Zoning.
10. Pursuant to the review of the Design Review Committee, the applicant shall
meet the following conditions: (a) Combine the circular vehicular turnaround
within the southern parcel of the property with the vehicular drop-off in the
northern parcel in order to reduce the amount of vehicular circulation in the site;
(b) The west and north facades of the garage which are visible from abutting
properties shall be articulated so that vehicles are completely hidden from pub-
lic view, and shall appear less garage -like in appearance. Consider continuing
the pattern of window and balcony openings from the rest of the facade on this
area so that the garage becomes integrated into the framework of the design;
(c) Provide a tree survey and a tree disposition plan indicating which trees are
to remain, be removed or be relocated. The tree disposition plan shall illustrate
the location of any overhead or underground utilities, the location of the pro-
posed new construction, and the new locations of existing trees to be relocated
on site; (d) Provide a continuous canopy of shade trees to provide shade for
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pedestrians along NE 28th St. These shade trees shall be aligned close to the
edge of the curb in the public right of way (at no greater than 33' on center) to
provide a buffer for pedestrians from vehicular traffic. Palm trees may be util-
ized periodically as an architectural accent to the architecture of the building
11. Pursuant to the UDRB's and Planning and Zoning Department's review, the
applicant shall meet the following conditions: Work with staff to articulate the
north facade of the parking podium applying a stucco finish, and precast
concrete in a way that both materials can be expressed; Work with staff to re-
duce the traffic circle for the firetruck access; Work with staff to insure that the
private park/memorial will be properly maintained.
12. Pursuant to the Traffic Impact Analysis Review, the applicant is strongly en-
couraged to continue working with the City's Traffic Consultant to resolve all
outstanding Traffic Analysis issues prior to being heard by the City Commis-
sion.
13. Within 90 days of the effective date of this Development Order, record a certi-
fied copy of the Development Order specifying that the Development Order
runs with the land and is binding on the Applicant, its successors, and assigns,
jointly or severally.
14. The DEVELOPER will not block a portion of the travel lane during construction
without constructing/providing additional travel lane. Meaning that the City will
not approve a road closure/fence permit to allow the contractor to "take over"
the right of way unless he builds a temporary lane for each lane he closes. The
temporary lane design must be signed and sealed and must be approved
by Public Works and may require insurance to be determined by Risk Man-
agement.
15. The DEVELOPER will ensure that the contractor makes arrangements to bus
his employee to the work site to avoid traffic congestion.
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