HomeMy WebLinkAboutAnalysisAnalysis for Substantial Modification
to a Major Use Special Permit
for Paramount at Edgewater Square
located at approximately
317, 341, 345, and 363 NE 20th Terrace; 340 & 348 NE 21st Street; and 2040, 2066,
and 2072 North Bayshore Drive;
CASE NO. 2005-004
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Paramount at Edgewater Square project has been
reviewed to approve with conditions, a Substantial Modification to a Major Use Special
Permit application, per Articles 5, 9, 13, 17 and 22 of Zoning Ordinance 11000, as
amended, for the Paramount at Edgewater Square project, located at approximately
317, 341, 345, and 363 NE 20th Terrace; and 340 & 348 NE 21st Street; and 2040, 2066,
and 2072 North Bayshore Drive, Miami, Florida, to a 496-foot, 46-story mixed use struc-
ture comprised of approximately 355 total multifamily residential units with recreational
amenities, approximately 29,766 square feet of retail space, and approximately 452 total
parking spaces; providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MUSP, per Article 17, for development of 355 residential units;
MUSP, as per Article 5, Section 502, PUD District, to increase the floor area by
twenty percent;
MUSP, as per Article 9, Section 914, a development bonus of 121,909 square
feet of additional floor area, and to pay into the Affordable Housing Trust Fund
an amount of $12.40 per square foot = $1,511,671.60;
MUSP, as per Article 17, for parking structures with approximately 589 parking
spaces;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow a
construction fence and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 6, Section 620, for development of
new construction within the SD-20 and SD-20.1 Districts;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
CLASS II SPECIAL PERMIT, as per Article 4, Section 41, to allow for outdoor
eating areas and outdoor cafes;
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, for access from a
public street roadway with driveway greater than twenty five feet in width;
CLASS II SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer(s)
for construction and other temporary offices such as leasing and sales;
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a
special event namely a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, to permit staging
and parking during construction;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a
construction trailer and watchman's quarters;
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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, 17 and 22 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
Department has referred this project to the Large Scale Development Committee
(LSDC) and the Planning 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
additional residential opportunities in the Wynwood/Edgewater NET District, located
at North Bayshore Drive and NE 21st Street.
• It is found that the subject property is located in the "Bayonne" and "Bayside Park"
Plats within the Edgewater neighborhood of the City.
• It is found that the existing zoning designation for the property pursuant to the
Zoning Ordinance of the City of Miami, Florida is R-4 "Multifamily High -Density
Residential" with a SD-20 "Edgewater Overlay Zoning District" and C-1 "Restricted
Commercial District" with a SD-201SD-20.1 "Edgewater Overlay Zoning District". The
applicant is proposing a Change of Zoning to C-1 "Restricted Commercial" with an
SD-201SD-20.1 Edgewater Overlay District" and SD-19 "Designated F.A.R. Overlay
District, F.A.R. of 2.4".
• It is found that the proposed density of the project is 130 units per acre (355 total
units), which is below the 150 units per acre maximum (408 total units) on the 2.72±
net acre site.
• Pursuant to Article 9, Section 914, the proposed project is requesting a development
bonus of 121,909 square feet of additional floor area, and shall pay into the
Affordable Housing Trust Fund an amount of $12.40 per square foot =
$1,511,671.60.
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• It is found that a review of the proposed project was provided by Miami -Dade Public
Schools on June 29, 2004. The student population generated by this development
is estimated at 83 students. The schools serving this area of application are Phillis
Wheatley Elementary - 65% FISH Capacity with the proposed project, Jose de
Diego Middle — 130% FISH, and Booker T. Washington Senior High - 57% FISH.
Pursuant to the interlocal agreement, Jose de Diego Middle School meets the review
threshold of 115% and shall need to enter dialogue with the Miami -Dade School
District.
• It is found that the revised proposed project was reviewed by the Large Scale
Development Committee on June 29, 2004 to address the expressed technical
concerns raised at said Large Scale Development Committee meeting.
• It is found that on July 28, 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 sufficient.
• It is found that the proposed project was reviewed again for design appropriateness
by the Urban Development Review Board on December 15, 2004, which
recommended approval (UDRB Reso. 12-15-04-10) with the following conditions:
The driveway going into the property from Bayshore Drive to only be one way in
(Note: The Internal Design Review Committee feels that the removal of this
driveway is more appropriate); Reconsider the large white doorway icon. It is out of
place with the architecture.
• It is found that the revised proposed project was reviewed by the Design Review
Committee on December 28, 2004, and the following pertinent comments were
made: (1) Indicate the material of this garage screening and confirm that vehicles
and garage mechanical systems will be completely screened from view; (2) The pro-
posed driveway entrance on North Bayshore Drive is unnecessary and should be
removed for utilization of this area for pedestrian uses, additional retail, and/or open
space; (3) The loading bay area shall be screened from public view and provided
with a decorative entry gate so that the loading vehicles are not visible from the pub-
lic right of way; (4) Clarify the east elevation detail by providing a version of the
drawing without landscaping, and including the existing house to remain on the site.
The elevation detail is not consistent with the floor plan and landscaping plan, and
the drawings shall be revised so that they are coordinated; (5) The final version of
the art mural for the necessary blank wall portions of the project facing the interior lot
will be required to be approved by the committee. The Planning Department's re-
view resulted in design modifications that were then recommended for approval to
the Planning Director,
• It is found that the proposed project was reviewed by the Miami Zoning Board at its
meeting of January 10, 2005, 2004, Item No. 6 for a Change of Zoning from R-4
"Multifamily High Density Residential" with an SD-20 "Edgewater Overlay District"
and C-1 "Restricted Commercial" with an SD-20/SD-20.1 "Edgewater Overlay
District" to C-1 "Restricted Commercial" with an SD-20/SD-20.1 Edgewater Overlay
District" and SD-19 "Designated F.A.R. Overlay District, F.A.R. of 2.4". The Board
RECOMMENDED APPROVAL by a vote of eight to zero (8-0), requiring City
Commission approval.
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• 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 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 including the required Affordable Housing Trust fund
contribution of $12.40 per square foot for any applicable FAR increase sought
under those provisions.
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 Planning Department,
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 Planning
Director 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.
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. Record the following in the Public Records of Dade County, Florida, prior to the
issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy,
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 in perpetuity.
7. 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,
record able 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.
8. Provide the Planning Department with a temporary construction plan that
includes the following: a temporary construction parking plan, with an
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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 Planning
Department 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.
9. 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 Planning Department
with all subordinate Class I Special Permit plans and detailed requirements for
final review and approval of each one prior to the issuance of any of the subor-
dinate approvals required in order to carry out any of the requested activities
and/or improvements listed in this development order or captioned in the plans
approved by it.
10. 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 Planning Director.
11. Pursuant to the review of the Design Review Committee, the applicant shall
meet the following conditions: (1) Indicate the material of this garage screening
and confirm that vehicles and garage mechanical systems will be completely
screened from view; (2) The proposed driveway entrance on North Bayshore
Drive is unnecessary and shall be removed for utilization of this area for
pedestrian uses, additional retail, and/or open space; (3) The loading bay area
shall be screened from public view and provided with a decorative entry gate
so that the loading vehicles are not visible from the public right of way; (4) The
east elevation detail shall be clarified by providing a version of the drawing
without landscaping, and including the existing house to remain on the site.
The elevation detail is not consistent with the floor plan and landscaping plan,
and the drawings shall be revised so that they are coordinated; (5) The final
version of the art mural for the necessary blank wall portions of the project
facing the interior lot shall be required to be approved by the committee.
12. That the accompanying requested applications for Change of Zoning for this
property being approved by the City Commission.
13. A development bonus to permit a mixed use of 121,909 square feet of floor
area will require payment to the Affordable Housing Trust Fund of an amount
of $12.40 per square foot = $1,511,671.80.
14. 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.
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