HomeMy WebLinkAboutAnalysisANALYSI S
MAJOR USE SPECIAL PERMIT
for
Oasis on the Bay
located at approximately
7889 and 7921 N. Bayshore Drive, 7890, 7950 and 7951 NE Bayshore Court, 1165,
1169, 1173, 1177, 1199 and 1201 NE 79t' Street
CASE NO. 2005-100
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Oasis on the Bay project (MU-2005-030) has been re-
viewed to allow a Major Use Special Permit per Articles 5, 13 and 17, located at ap-
proximately 7889 and 7921 N. Bayshore Drive, 7890, 7950 and 7951 NE Bayshore
Court, 1165, 1169, 1173, 1177, 1199 and 1201 NE 79th Street, Miami, Florida, to con-
struct two approximate 205-foot, 20-story high mixed use structures to be comprised of
approximately 467 total multifamily residential units with recreational amenities; ap-
proximately 4,200 square feet of retail space; and approximately 719 total parking
spaces; providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MUSP, as per Article 17, for development of 467 residential units;
MUSP, as per Article 17 for parking of approximately 719 parking spaces;
MUSP, as per Article 5, Section 502, PUD Districts; to increase the floor area by
twenty percent, for a total of 86,849 square feet of bonus;
Per City Code, Chapter 36, construction equipment request for waiver of noise
ordinances while under construction for continuous pours.
The Major Use encompasses the following Special Permits:
CLASS II SPECIAL PERMITS
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 10, Section 10.3.2.2, to allow
development/construction/rental signage;
CLASS i1 SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor
eating areas and outdoor cafes;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1511, for any
development between Biscayne Bay and the first dedicated right-of-way;
CLASS I SPECIAL PERMITS
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 917.1.2, to permit valet parking;
CLASS l 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;
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CLASS I SPECIAL PERMIT, as per Article 9, Section 904, for parking and
staging of construction during construction;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a
construction trailer and watchman's quarters.
REQUEST for applicable MUSP conditions to be satisfied 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.
Pursuant to Articles 5, 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 Upper East Side NET District, located at
the northwest corner of NE 79th Street and Biscayne Bay.
• It is found that the subject property is located in the "Causeway Bayfronts" and
"Haynsworth Village" Plats within the Shorecrest neighborhood of the City.
• It is found that the site has existing boat docks on Biscayne Bay and the applicant
proposes to create more docking slips.
• It is found that the vacant properties (7889 North Bayshore Drive and 7890 North
Bayshore Court) an the south side of NE 79th Street shall be dedicated by the
applicant to the City for public purposes.
• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designations for the properties are 0 (Office) with SD-19
(Designated FAR of 0.45), C-1 (Restricted Commercial), and R-3 (Multifamily
Medium -Density Residential). The proposed zoning designations for the properties
are C-1 (Restricted Commercial) and R-4 (Multifamily High -Density Residential).
• It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Miami, Florida, the existing Future Land Use categories for the properties are Office,
Restricted Commercial, and Medium Density Multifamily Residential. The proposed
Future Land Use categories for the properties are High Density Multifamily
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Residential and Restricted Commercial. Three other applications for these Future
Land Use Changes accompany this Major Use Special Permit (MUSP) application.
• It is found that the proposed residential density of the project (467 units) is below the
maximum 507 units on the 3.70± net acre site.
• It is found that the project is expected to cost approximately $278,078,767, and to
employ approximately 375 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 20 permanent new jobs
(FTE) and will generate approximately $1,398,522 annually in tax revenues to the
City (2005 dollars).
• It is found that on September 13, 2005, the Miami -Dade Aviation Department
provided a Height Analysis review of the proposed project and found that it conforms
to the Miami -Dade County Height Zoning Ordinances. The proposed building height
requires the applicant to file with the Federal Aviation Administration (FAA) Form
7460-1, "Notice of Proposed Construction Alteration for Determination of Known
Hazards". In addition, construction cranes for this project exceeding 200 feet in
height must be filed using the same form.
• It is found that on September 15, 2005, the City of Miami Public Works Department
provided a review of the project and commented that: (a) Re -platting of the land is
required to close and vacate NE Bayshore Court and portions of the Florida
Department of Transportation (FDOT) right-of-way; (b) Pavement restoration for all
water and sewer extensions, existing damaged pavement and pavement damaged
during construction, as determined by the City inspector, shall include milling and
resurfacing of the full pavement width, curb to curb, along the entire length of the
excavation and/or damaged pavement area; (c) NE 80th Street — Applicant shall
replace all damaged and broken sidewalk, curb and gutter on both sides of the
street adjacent to the project site and mill and resurface the entire width, curb to
curb, between NE Bayshore Drive and NE Bayshore Court; (d) NE 79th Street and
NE Bayshore Drive - Coordinate any improvements with the Florida Department of
Transportation.
• It is found that the Large Scale Development Committee reviewed the project on
September 21, 2005 to address the expressed technical concerns raised at said
Large Scale Development Committee meeting.
• It is found that on October 13, 2005, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #122) 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 October 19, 2005.
• It is found that the Internal Design Review Committee reviewed a revised version of
the proposed project on November 22, 2005 and the following pertinent comments
were made: Context/Urban Design — (1) The building is out of scale with the exist-
ing single family neighborhood and is unacceptable. The proposed building heights
are typically found within urban cores and not adjacent to single family homes. Re-
duce the height of the building to better reflect the character of the surrounding resi-
dential neighborhood; (2) The context of the site must be provided. Please submit a
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complete description of the site and the immediate context, at least three blocks
around the project, so that we will be able to provide you with a complete set of
comments to ensure the highest quality design for the area (This set of comments is
not complete until the additional context plans are submitted). Please take into con-
sideration the existing and future buildings that are going to be developed in the
area. Include the buildings' placement in plan as well as their heights; (3) Provide
greater articulation for the rear of the towers and the parking garage facing NE 80th
Street. Consider continuing the pattern of window and balcony openings from the fa-
gade in order to create a more attractive rear facade elevation; (4) Consider covering
the top level of the parking garage for visual aesthetics —as would be viewed from
the upper levels of the high -rises —as well as a means of providing protection from
the elements; (5) The proposal indicates vacating a public right-of-way (portion of
Bayshore Court). This requires a permit from the Public Works Department and if
granted, the applicant must show a public benefit. Please look at allowing a pedes-
trian access along the old Bayshore Court axis and a Baywalk connecting 79th Street
to 80th Street. These could be great spaces for residents and the public alike allow-
ing a pedestrian to walk to the proposed restaurant and break up the large block; (6)
Please include the context of urbanism to the existing building edges for the existing
conditions across the street/ property line on all sides of the proposed project. This
allows one to see where roadways align and how building setbacks, sidewalks and
public spaces interact; (7) Please include the site across the street in the ground
floor plan and surveys. This site is transferring the development rights from the prof-
fered site to the proposed development site. Show any improvements planned for
this site. (improved sidewalks/ addition of street trees, etc.); (8) Please show details
of the garaged door along 80th Street; (9) Coordinate any planned improvements
along 79th Street with the FDOT regional office. Loading - Confirm the loading di-
mensions and turning radius requirements (Page A.1) with the Public Works De-
partment in order to verify the feasibility of the proposed loading arrangement;
Landscaping — (1) Provide a continuous canopy of shade trees along the perimeter
of the project. 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 pe-
destrians from vehicular traffic. Palm trees may be utilized periodically as an accent
to the architecture of the building; (2) Consider adding additional trees and land-
scape layers along the waterfront access park. This area should include small hard-
scape areas to sit and enjoy the bay views. Please include a rendering that shows
this space including landscaping, hardscape, lighting, etc.; (3) Provide a public Bay -
walk connecting the sidewalk along 79th Street with 80th Street. Please refer to the
city's Baywalk/Riverwalk design standards for typical surface changes, plantings,
etc.; (4) Submit a landscape plan that specifies the species (common and botanical
names), sizes (height x spread and/or container size) at time of planting, quantities,
and proposed locations of all plant materials, existing and proposed. The landscape
plan shall include planting details and planting specifications; (5) A final landscape
plan shall be submitted for review and approval of the Planning Director prior to the
issuance of a building permit; Parking — (1) The treatment of the garage facade
along 80th Street is unacceptable; (2) Active uses with permeable windows will be
required along 79th 80th Streets and Bayshore Drive; (3) Consider adding one-half
level of underground parking and raising the site one-half level. This can accommo-
date 2 levels of proposed parking and separate the restaurant, visitor, handicap and
valet spaces from residential spaces. It will also raise the ground floor elevations and
liner townhouses from street level and flood hazard. Reduce your parking to the
minimum necessary for the project; (4) Specify details of proposed aluminum grills,
louvers, Bahamian shutters, awning, etc. designed to hide the parking.
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• It is found that the Miami Zoning Board at its meeting of December 12, 2005,
reviewed the Change of Zoning requests from 0 (Office) with SD-19 (Designated
FAR of .45) to C-1 (Restricted Commercial), Item No. 10 — Approved by a vote of 8-
0; from R-3 (Multifamily Medium -Density Residential) to C-1 (Restricted
Commercial), Item No. 11 — Approved by a vote of 8-0; from C-1 (Restricted
Commercial) to R-4 (Multifamily High -Density Residential), Item No. 12 — Approved
7-1; all three of which require City Commission approval.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on December 13, 2005. The student population generated by this
development is estimated at 107 students. The schools serving this area of
application are Little River Elementary (49 students) — 98% Florida Inventory School
Houses (FISH) Capacity with the proposed project; Horace Mann Middle (27
students) — 74% FISH; and Miami Edison Senior High (31 students) — 68% FISH.
Pursuant to the interlocal agreement, none of the 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
$700,743. Based on the State's December 2005 student station cost factors, capital
costs for the estimated additional students to be generated by the proposed
development is $1,769,324.
• It is found that with respect to all additional criteria as specified in Section 1305.2 of
Zoning Ordinance 11000, the proposal has been found to adhere to the following
Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and
Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and
Open Space; (5) Vehicular Access and Parking; (6) Screening; (7) Signage and
lighting; (8) Preservation of Natural Features; and (9) Modification of
Nonconformities.
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.
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 re-
sponsibility, building development process and review procedures, as well as specific
requirements for fire protection and life safety systems, exiting, vehicular access and
water supply.
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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 Con-
tractor/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 man-
datory 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 Attorneys Office.
8) Provide the Planning Department with a temporary construction plan that in-
cludes 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 ap-
proval 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 l Special Permits for which specific details have not yet been devel-
oped or provided, the applicant shall provide the Planning Department with all subordi-
nate Class I Special Permit plans and detailed requirements for final review and ap-
proval of each one prior to the issuance of any of the subordinate approvals required in
order to carry out any of the requested activities and/or improvements listed in this de-
velopment order or captioned in the plans approved by it.
10) If the project is to be developed in phases, the Applicant shall submit an in-
terim plan, including a landscape plan, which addresses design details for the land oc-
cupying future phases of this Project in the event that the future phases are not devel-
oped, said plan shall include a proposed timetable and shall be subject to review and
approval by the Planning Director.
11) Pursuant to comments by the City of Miami Public Works Department, the
applicant shall meet the following conditions: (a) Re -platting of the land is required to
close and vacate NE Bayshore Court and portions of the Florida Department of Trans-
portation (FDOT) right-of-way; (b) Pavement restoration for all water and sewer exten-
sions, existing damaged pavement and pavement damaged during construction, as de-
termined by the City inspector, shall include milling and resurfacing of the full pavement
width, curb to curb, along the entire length of the excavation and/or damaged pavement
area; (c) NE 80th Street — Applicant shall replace all damaged and broken sidewalk, curb
and gutter on both sides of the street adjacent to the project site and mill and resurface
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the entire width, curb to curb, between NE Bayshore Drive and NE Bayshore Court; (d)
NE 79th Street and NE Bayshore Drive - Coordinate any improvements with the Florida
Department of Transportation.
12) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: Context/Urban Design - (a) Provide
greater articulation for the rear of the towers and the parking garage facing NE 80th
Street and consider continuing the pattern of window and balcony openings from the
facade in order to create a more attractive rear facade elevation; (b) A permit is required
from the Public Works Department for the vacating a public right-of-way (portion of Bay -
shore Court), and if granted, the applicant must show a public benefit. (c) Provide a pe-
destrian access along the old Bayshore Court axis and a Baywalk connecting 79th Street
to 80th Street and refer to the city's Baywalk/Riverwalk design standards for typical sur-
face changes, plantings, etc; (d) Include the site across the street in the ground floor
plan and surveys as this site is transferring the development rights from the proffered
site to the proposed development site and show any improvements planned for this site;
(e) Coordinate any planned improvements along 79th Street with the FDOT regional of-
fice; Landscaping - (f) Provide a continuous canopy of shade trees along the perimeter
of the project. These shade trees shall be aligned dose to the edge of the curb in the
public right of way (at no greater than 33' on center). Palm trees may be utilized periodi-
cally as an accent to the architecture of the building; (g) Submit a landscape plan that
specifies the species (common and botanical names), sizes (height x spread and/or
container size) at time of planting, quantities, and proposed locations of all plant materi-
als, existing and proposed. The landscape plan shall include planting details and plant-
ing specifications; 03 (h) A final landscape plan shall be submitted for review and ap-
proval of the Planning Director prior to the issuance of a building permit; Parking Ga-
rage - (i) Provide details of the garage facade and door along 80t Street; (j) Consider
adding one-half level of underground parking and raising the site one-half level; (k)
Specify details of proposed aluminum grills, louvers, Bahamian shutters, awning, etc.
designed to hide the parking.
13) That the requested application for the Change of Zoning, and the accompa-
nying Future Land Use Change on these properties are approved by the City Commis-
sion
14) Within 90 days of the effective date of this Development Order, record a
certified 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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