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HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit for Platinum on the Bay located at approximately 2955 NE 7 Avenue; 486 and 700 NE 29 Terrace; 555, 575 and 711 NE 29 Street CASE NO. 2005-044 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Platinum on the Bay project (MU-2005-010) has been reviewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, located at approximately 2955 NE 7 Avenue; 486 and 700 NE 29 Terrace; 555, 575 and 711 NE 29 Street, Miami, Florida, to comprise of an approximate 589-foot, 56-story high residen- tial structure to be comprised of approximately 320 total multifamily residential units with recreational amenities; and approximately 587 total parking spaces; providing for certain floor area ratio ("FAR") bonuses. This Permit also includes the following requests: MUSP, as per Article 17 for development of 320 residential units; MUSP, as per Article 17 for parking structures with approximately 587 parking spaces; 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 72,310.25 sq. ft. at an amount of $12.40 for a total of $896,647.10; MUSP, as per Article 5, Section 502, PUD to increase 20% of the total floor area, for a maximum of 57,843.23 square feet of bonus; CLASS II SPECIAL PERMIT, as per Article 6, Section 620.3.1, for development of new construction within the SD-20 Overlay District; CLASS II SPECIAL PERMIT, as per Article 6, Section 620.8, for signage approval; CLASS II SPECIAL PERMIT, as per Article 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 II SPECIAL PERMIT, as per Article 9, Section 923.2.1, to reduce the size of the loading bays from one (1) 12 x 55 to two (2) 12 x 35; CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow for temporary off -site parking during construction; 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 906.6, for active recreational facilities (including swimming pools); CLASS I SPECIAL PERMIT, as per Article 9, Section 917.1.2, to allow valet parking for residential use; CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and staging of construction during construction; Page 1 of 6 CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction trailer and watchman's quarters; CLASS I SPECIAL PERMIT, as per Article 9, Section 925.3.8, to allow development/construction/rental signage; 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 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. 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 on NE 29 Street and Biscayne Bay. • It is found that the subject property is located in the "Broadmoor" Plat 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 R-4 "Multifamily High -Density Residential" with SD-20 "Edgewater Overlay" Zoning District. • It is found that the proposed project is not located on a Primary Pedestrian Pathway. • It is found that the proposed density of the project (320 units at 120 units per acre) is below the maximum 400 units (150 units per acre) on the 2.67± net acre site. • Pursuant to Article 17, Section 914.1, the proposed project is requesting a development bonus of 72,310.25 square feet of additional floor area, and shall pay into the Affordable Housing Trust Fund at amount of $12.40 per square foot = $896,647.10. Page 2 of 6 • It is found that the project is expected to cost approximately $322,070,441, and to employ approximately 292 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately nine (9) permanent new jobs (FTE) and will generate approximately $1,629,120 annually in tax revenues to the City (2005 dollars). • It is found that the Large Scale Development Committee reviewed the project on March 2, 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 Internal Design Review Committee on March 8, 2005 and the following pertinent comments were made: Context/Urban Design - (1) Thank you for providing the previously approved Platinum project's plans, perspective and elevation drawings in this submittal, in order for the committee to see the relationship between the two projects; (2) 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 requesting the maximum amount of FAR on the site, including a 20©/o increase for a PUD bonus, and a 25% increase for the affordable housing bonus, the cumulative effect of these conditions creates a tower which is out of scale within the context of the Edgewater neighborhood. The height of the tower (58 floors and 589' tall), although reduced from the previous submittal height of 736', is more appropriate for the central downtown urban area and is unprecedented for the Edgewater area. Consider reducing the tower height by spreading the building program more evenly throughout the site; (3) The revised design of the ground floor units on the east and north side of the garage in which the ground floor levels of the units are closer to the street and baywalk elevation levels, is appropriate; (4) The removal of vehicular driveways from NE 30h St. is appropriate; (5) The revised floor plans which include the provision of building uses and a glass wall opposite the Platinum project is appropriate; (6) The revised loading solution, in which loading bays are internalized within the garage is appropriate; (7) The redesigned pedestrian entry to the project on NE 29th St. is appropriate, as it better incorporates the handicapped ramp and stairs into the entry terrace; Architecture - (1) The tower has an attractive appearance through its form and variety; (2) The provision of the recessed walls with landscaping in front is an appropriate treatment for the townhouse bases in order to conceal the blank wall portions beneath the townhouse units; (3) The corrugated metal panels on the lower portions of the garage are inappropriate. Propose a different material treatment for the lower garage portions; Landscaping - (1) Provide details on the proposed planting treatment and plant species to be uses in covering the garage elevations; (2) Landscaping and paving issues will be reviewed further as the project progresses through the preliminary design phase. The Planning Department's review resulted in design modifications that were then recommended for approval to the Planning Director. • It is found that on March 14, 2005, the Miami -Dade Aviation Department provided a Height Analysis review of the proposed project and found that it does not exceed the obstruction standards established by the Miami -Dade County Height Ordinance for Miami International Airport. Page 3 of 6 • It is found that on March 14, 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 the proposed project was reviewed for design appropriateness by the Urban Development Review Board on March 16, 2005, which recommended Approval (UDRB Reso. 3-16-05-9) with one condition: Provide ground floor uses along the garage at the first floor on NE 29 Terrace. • It is found that Miami -Dade Public Schools provided a revised review of the proposed project on May 13, 2005. The student population generated by this development is estimated at 70 students. The schools serving this area of application are Eneida M. Hartner Elementary (32 students) — 117% Florida Inventory School Houses (FISH) Capacity with the proposed project; Jose De Diego Middle (18 students) — 115% FISH; and Booker T. Washington Senior High (20 students) - 58°/a FISH. Pursuant to the interlocal agreement, Eneida M. Hartner Elementary and Jose De Diego Middle schools meet the review threshold of 115%. At an average of $6,549 per K-12 student, the total annual operating cost for the additional students residing in this development, if approved, would total $458,430. Based on the State's May 2005 student station cost factors, capital costs for the estimated additional students to be generated by the proposed development is $1,124,000. • 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. Page 4 of 6 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 1 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 design related comments received by the Planning Director, the applicant shall meet the following conditions: (a) A different material treatment shall be provided for the lower garage portions instead of the corrugated metal panels; and (b) Provide details on the proposed planting treatment and plant Page 5 of 6 species to be uses in covering the garage elevations. (c) A final landscape plan shall be submitted for review and approval of the Planning Director prior to the issuance of a building permit. 12. A development bonus to permit a mixed use of 72,310.25 square feet of floor area shall require payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot = $896,647.10. 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. Page 6 of 6