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MAJOR USE SPECIAL PERMIT
for
Aja on The Bay (fka Electra on The Bay)
located at approximately
709 and 721 NE 26 Street, and 700 NE 26 Terrace
LEGISTAR FILE ID: 06-00384mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Aja on The Bay (fka Electra on The Bay) project
(MU-2006-014), located at approximately 709 and 721 NE 26 Street, and 700 NE 26
Terrace, Miami, Florida, has been reviewed to allow a Major Use Special Permit per Ar-
ticles 5, 9, 13 and 17, to construct an approximate 439-foot, 41-story high residential
structure to be comprised of approximately 129 total multifamily residential units with
recreational amenities; and approximately 150 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, Section 1701, Definition (9) and Article 5, Sect. 502, PUD
districts; minimum area, maximum densities and maximum floor area ratios permit-
ted (a) (b), to allow up to 20% increase of floor area ratio, for an increase of ap-
proximately 21,520 square feet of floor area;
MUSP, as per Article 17, Section 1701. Definition (8) and Article 9, Section 914,
Sub -Section 914.1 Dwelling unit, square footage, and off-street parking bonuses for
contribution to Affordable Housing Trust Fund; exceptions, to allow an increase up to
twenty (25) percent of additional floor area as a development bonus of approxi-
mately 26,900 square feet, the user shall make a non-refundable bonus developer
contribution of an amount of $333,560 to the Affordable Housing Trust Fund admin-
istered by the City of Miami;
The Major Use Special Permit encompasses the following Special Permits and Re-
quests:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 15, Section 1511. Class II Special Permit
required for any development between Biscayne Bay and the first dedicated right-of-
way, to allow development on property located between Biscayne Bay and the first
dedicated right-of-way;
CLASS II SPECIAL PERMIT, as per Article 9, Section 917, Sub -Section 917.14,
Sub -Section 917.14.1 Parking Lifts, Robotic and Mechanical parking systems, En-
actment No. 12758, to allow a mechanical, robotic, automated or parking lift system;
CLASS II SPECIAL PERMIT, as per Article 9, Section 927. Temporary structures,
occupancies, and uses during construction, criteria for special permits, to allow tem-
porary structures, occupancies, and uses reasonably necessary for construction
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such as construction fence, covered walkway and if encroaching public property
must be approved by other city departments;
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per Article 9, Section 906, Sub -Section 906.9. Tem-
porary special events; special permits; criteria, to allow temporary carnival, festival,
fair or similar type event on privately owned or City -owned land such as a ground
breaking ceremony;
CLASS I SPECIAL PERMIT, as per Article 9, Section 916, Sub -Section 916.2.1.
Temporary special event parking, to allow parking for temporary special event such
as groundbreaking ceremonies;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918, Sub -Section 918.2. Tem-
porary off-street offsite parking for construction crews, criteria, to allow temporary
off-street offsite parking for construction crews working on a residential project under
construction;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920, Sub -Section 920.1.2.
Limitations on occupancy of mobile homes, to allow parking of mobile homes, trail-
ers or manufactured homes, when authorized for security or other purposes in con-
nection with land development such as construction trailer(s) and other temporary
construction offices such as watchman's quarters, leasing and sales centers;
CLASS I SPECIAL PERMIT as per Article 10, Section 10.5.3, Sub -Section
10.5.3.4(3). R-4 Multifamily High -Density Residential — Sign Regulations, to allow
temporary signs for development;
REQUEST, for waiver of Charter and Code, Charter and Related Laws, Section 3 Power
(mm) Building and Zoning, to allow reduction of the required bay setback:
Required bay setback
Provided bay setback
Request to waive
50 feet 0 inches
23 feet 0 inches
27 feet 0 inches
REQUEST, for waiver of Charter and Code, + Chapter 36 Noise, Section 36-6 Construc-
tion Equipment (a) permitting the operation of construction equipment exceeding the
sound level of a reading of 0.79 weighted average dBA at any time and/or day subject to
the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria;
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.
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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 and commercial opportunities in the Wynwood/Edgewater NET
District, located at the southwest corner of NE 26 Terrace and Biscayne Bay.
• It is found that the subject property is located in the "Associates Tract" and
"Amended and Extended Plat of Blocks A, B & C Banyan Place" Plat within the
Edgewater neighborhood of the City.
• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the property is R-4 (Multifamily High -Density
Residential) with SD-20 (Edgewater Overlay District).
• It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Miami, Florida, the existing Future Land Use category for the property is "Restricted
Commercial".
• It is found that the proposed project is not located along a Primary Pedestrian
Pathway.
• It is found that the proposed project is not located within an Archeological
Conservation area.
• It is found that the proposed residential density of the project (129 units at 150 units
per acre) is at the maximum density of 150 units on the 0.86± net acre site.
• It is found that the total allowable combined floor area without bonuses for the 1.44±
gross acre site at a Floor Area Ratio (FAR) of 1.72 is 107,601 square feet. The
project as proposed is requesting bonuses of 20% PUD (21,520 sq. ft.) and 25%
Affordable Housing Trust Fund (26,900 sq. ft.) for a total proposed FAR of 155,969
square feet from an allowable 156,021 square feet.
• It is found that pursuant to Article 17, Section 1701. Definition (8) and Article 9,
Section 914, Sub -Section 914.1, the proposed project is requesting a development
bonus of 26,900 square feet of additional floor area, and shall make a non-
refundable bonus developer contribution to the Affordable Housing Trust Fund at
amount of $12.40 per square foot for a total of $333,560.
• It is found that the maximum height of the proposed structure is approximately 439
feet. Pursuant to Article 6, Section 620.2.5., irrespective of height limits in the
underlying districts, there are no height limits in the SD-20 and SD-20.1 overlay
districts.
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It is found that the project is expected to cost approximately $47,100,000. and to
employ approximately 294 workers during construction (FTE-Full Time Employees);
The project will generate approximately $670,750 annually in tax revenues to the
City (2006 dollars).
It is found that on January 3, 2006, the City of Miami Public Works Department
provided a review of the project and commented that Re -Platting of the property is
required to close and vacate the platted 20 foot wide ingress/egress easement (P.B.
114-19) and that the following street improvements shall be required: (a) NE 26
Street d.. Construct new sidewalk, curb and gutter on the north side of the street
adjacent to the project site. Replace damaged and broken sidewalk, curb and gutter
across the street. Mill and resurface the entire width, curb to curb, between NE 5
Avenue and Biscayne Bay (b) NE 26 Terrace — Replace all broken and damaged
sidewalk, curb and gutter on both sides of the terrace adjacent to the project site.
Mill and resurface the entire width, curb to curb, between NE 5 Avenue and
Biscayne Bay, The director of public works must review and approve any
modifications/tree removals within the existing cul-de-sac area.
• It is found that Miami -Dade Public Schools provided a preliminary review of the
proposed project on January 6, 2006. The student population generated by this
development is estimated at 35 students. The schools serving this area of
application are Phillis Wheatley Elementary (16 students) — 51% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Jose De Diego Middle (9
students) — 99°/a FISH; and Booker T. Washington Senior High (10 students) — 68%
FISH. Pursuant to the interlocal agreement, none of the schools meets the review
threshold of 115%.
• It is found that on January 9, 2006, 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 at that location. In addition, the
analysis indicates that the structure may impact the Terminal Instrument Procedures
(TERPS) for Departure and Approach on some of the runways at Miami International
Airport (MIA). Any proposed construction exceeding 200 feet 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 the Large Scale Development Committee reviewed the project on
January 25, 2006 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on February 15, 2006, which recommended
Approval (UDRB Reso. 2-15-06-7) with conditions.
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on February 8, 2006, and the following revised pertinent comments were
made after the February 15, 2006 UDRB Meeting: Context — Due to the size of the
current proposal in relation to the existing context staff recommends that the project
be brought down in scale to the maximum allowable by current zoning. The
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additional FAR through the PUD and Affordable Housing Bonus creates a project out
of scale within the context of the neighborhood and the small street on which it is
situated; Architecture — We appreciate the liner uses and public spaces. Internalize
the drop-off and loading areas by providing a service pass thru connecting NE 26
Terrace and NE 26 Street; Biscayne Bay/Landscaping - The proposed Baywalk
does not have enough detail and appears not to meet the City of Miami
Baywalk/Riverwalk Design Guidelines. The proposal does not include a section of
the proposed Baywalk to show the location of bay, retaining wall, wall cap, warning
strip, palms, shade trees, lighting, benches (See Figures 1 and 2). The Planning
Department's review resulted in design modifications that were then recommended
for approval to the Planning Director.
Figure 1: Pedestrian amenities activate the waterfront.
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Figure 2: Miami River Baywalk.
• It is found that on February 27, 2006, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #148) 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 1305.2 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
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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 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.
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 Attorney's 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 I 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 l 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
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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 design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) The project shall be brought down to
scale to the maximum allowable by the current base zoning without the requested PUD
and AHTF Bonuses; (b) Internalize the drop-off and loading areas by providing a service
pass thru connecting NE 26 Terrace and NE 26 Street; (c) Revise the proposed Bay -
walk to meet the City of Miami Baywalk/Riverwalk Design Guidelines.
12) Pursuant to comments by the City of Miami Public Works Department, the
following conditions shall be required of the applicant: (a) Re -Platting of the property is
required to close and vacate the platted 20 foot wide ingress/egress easement (P.B.
114-19) and that the following street improvements shall be required: (b) NE 26 Street —
Construct new sidewalk, curb and gutter on the north side of the street adjacent to the
project site. Replace damaged and broken sidewalk, curb and gutter across the street.
Mill and resurface the entire width, curb to curb, between NE 5 Avenue and Biscayne
Bay (c) NE 26 Terrace — Replace all broken and damaged sidewalk, curb and gutter on
both sides of the terrace adjacent to the project site. Mill and resurface the entire width,
curb to curb, between NE 5 Avenue and Biscayne Bay. The director of public works
must review and approve any modifications/tree removals within the existing cul-de-sac
area.
13) Prior to the issuance of a building permit, the applicant shall submit a letter of
approval of the proposed height from the Miami -Dade County Aviation Department. If no
such approvals are granted, the height of the proposed project shall be reduced to those
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated January 9, 2006.
14) A development bonus to permit a mixed use of 26,900 square feet of floor
area shall require a non-refundable payment to the Affordable Housing Trust Fund of an
amount of $12.40 per square foot for a total of $333,560.
15) 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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