HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit
for
Park Lane Tower
located at approximately
345 NE 32 Street
CASE NO. 2005-034
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Park Lane Tower project has been reviewed to allow a
Major Use Special Permit per Articles 5, 9, 13 and 17, located at approximately 345 NE
32 Street, Miami, Florida, to comprise of a 437-foot, 33-story high mixed use structure to
be comprised of approximately 143 total multifamily residential units with recreational
amenities; approximately 19,839 sq. ft. of office space; approximately 16,310 square
feet of retail and restaurant space; and approximately 342 total parking spaces, includ-
ing tandem spaces; providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MUSP, as per Article 17 and Section 914.1 to permit additional floor area ratio as
a bonus through developer contribution to the Affordable Housing Trust Fund.
Requesting an additional 49,442 sq. ft. at an amount of $12.40 for a total of
$613,080.80;
MUSP, as per Article 5 and Section 502, PUD to increase 20% of the total floor
area, for a maximum of 39,554 square feet of bonus;
CLASS II SPECIAL PERMIT, as per Article 6, Section 620.3.1, to permit new
construction in the SD-20.1 District;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor
eating areas;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
CLASS II SPECIAL PERMIT, as per Article 6, Section 620.3, for temporary
construction fence and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver
of City of Miami Parking Guides and Standards for reduction of required backup
space for parking. Required 23 feet, proposed 22 feet. Request to waive one
(1) foot;
CLASS 11 SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2, a
request to reduce loading spaces(s) from one (1) 12' x 55' for two (2) 12' x 35';
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a
special event namely a ground breaking ceremony;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 917.1.2 to allow valet
parking for other uses;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and
staging of construction during construction;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1(d), to allow a
construction trailer;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
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CLASS ! SPECIAL PERMIT, as per Article 9, Section 920.1.2, to allow a
temporary sales office trailer;
REQUEST for applicable MUSP conditions to be required at the time of shell permit
instead of at issuance of foundation permit;
a. The requirement to provide a letter of assurance for the Solid Waste
Department; and
b. 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
c. The requirement to record in the Public Records a unity of title or covenant in
lieu of unity of title.
Per City Code, Chapter 36, Construction Equipment Request for waiver of noise
ordinance while under construction for continuous pours.
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
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 the NE corner of NE 32 Street and Biscayne Boulevard.
• It is found that the subject property is located in the "Beverly Terrace" and "Elwood
Court" 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 the C-1 "Restricted Commercial"
with SD-20 "Edgewater Overlay" and SD-20.1 "Biscayne Boulevard Edgewater
Overlay" Zoning District.
• It is found that the proposed density of the project (143 units at 100 units per acre) is
below the maximum 216 units (150 units per acre) on the 1.44± net acre site.
• It is found that the proposed project is not located within an Archeological
Conservation area and is therefore not subject to a Certificate of Appropriateness for
any ground disturbing activity within the designated area.
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• Pursuant to Article 17, Section 914.1, the proposed project is requesting a
development bonus of 49,442 square feet of additional floor area, and shall pay into
the Affordable Housing Trust Fund an amount of $12.40 per square foot =
$613,080.80.
• It is found that the project is expected to cost approximately $140,710,458, and to
employ approximately 158 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 8 permanent new jobs
and will generate approximately $721,371 annually in tax revenues to the City (2005
dollars).
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on January 14, 2005. The student population generated by this
development is estimated at 28 students. The schools serving this area of
application are Eneida M. Hartner Elementary (13 students) — 115% Florida
Inventory School Houses (FISH) Capacity with the proposed project; Jose De Diego
Middle (7 students) — 114% FISH; and Booker T. Washington Senior High (8
students) - 58% FISH. Pursuant to the interlocal agreement, none of the schools
meet the review threshold of 115%. At an average of $5,833 per K-12 student, the
total annual operating cost for the additional students residing in this development, if
approved, would total $163,324. Based on the State's January 2005 student station
cost factors, capital costs for the estimated additional students to be generated by
the proposed development is $447,056.
• It is found that on January 25, 2005, the Miami -Dade Aviation Department provided
a review of the proposed project and found that it conforms to the Miami -Dade
County Height Zoning Ordinances.
• It is found that the Large Scale Development Committee reviewed the project on
February 1, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that the proposed project was reviewed by the Design Review Committee
on January 11, 2005 and the following pertinent comments were made:
Context/Urban Design — (1) The committee appreciates the submittal of the project
renderings, survey and aerial photographs, in order to understand the project's
relationship to its surroundings; (2) The revised location of the urban plaza on
Biscayne Boulevard is appropriate. The new location of the plaza at the northwest
corner of the block creates an appropriate urban response to the open spaces at the
northwest and southwest corners of Biscayne Boulevard and NE 33rd St; (3) It is
inappropriate to provide exposed garage elevations within the main tower feature of
the building on NE 4th Ave. Consider removing the parking spaces on the east side
of the garage, which face the plaza spaces to the north and south of the lobby.
Provide residential units within these spaces, which would be adjacent to the core
and adjacent to the elevator vestibule lobby within the current building configuration;
(4) Consider revising the appearance of the garage portion of the elevations on NE
32"d St. and NE 33rd St.. Provide an artistic solution involving architectural
articulation, other than the continuous metal mesh proposed; (5) The revised garage
vehicular access is appropriate, as the curb cut is of minimum width, and all loading
maneuvering has been located within the garage. However, indicate the turning
paths of the loading vehicles in the plan and confirm with the Public Works that the
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solution is acceptable per required turning templates; (6) Consider making the
vehicular dropoff point on NE 4th Ave. narrower in width and more compact (shift
vehicular entry points away from the north and south corners of the block). This
vehicular entry shall be designed such that vehicles rise to the pedestrian level, and
shall provided with a plaza -like character through the use of a consistent,
recognizable paving pattern across the vehicular and pedestrian area. The vehicle
and pedestrian areas may be separated through the use of bollards; Architecture —
(1) The tower form and design is appropriate, through its innovative massing, floor
plan and use of continuous glass and terraces; (2) The use of continuous glass for
the retail and office portions of the facade is appropriate; (3) Provide elevation
drawing details, showing all of the building's elevations at the street level, at a scale
no Tess than 118"=1', in order for the committee to review the building's impact on the
pedestrian realm; Zoning Data - There is no zoning data sheet included in this
submittal. Please submit the Zoning tabulation sheet in order for the Planning and
Zoning Departments to be able to complete their reviews of the proposal. The
Planning Department's review resulted in design modifications that were then
recommended for approval to the Planning Director.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on February 16, 2005, which recommended
Approval (UDRB Reso. 2-16-05-1) with the following condition: The garage
screening is not appropriate and appears long horizontal and monolithic. Redesign
this element with a different composition.
• It is found that on February 21, 2005, 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 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 budding 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.
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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
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
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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 design related comments received by the Planning Director, the
applicant shall meet the following conditions: Remove the parking spaces on
the east side of the garage, which face the plaza spaces to the north and south
of the lobby, and provide residential units within these spaces.
12. That corrections on the Zoning Data Table reflecting FAR calculations shall be
made prior to being heard by the City Commission.
13. A development bonus to permit a mixed use of 49,442 square feet of floor area
shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $613,080.80.
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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