HomeMy WebLinkAboutCC AnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
On The Park
located at approximately
1770 and 1778 North Bayshore Drive, 1799 NE 4th Avenue, and 430 NE 18th Street
LEGISTAR FILE ID: 06-01055mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the On The Park project, located at approximately 1770
and 1778 North Bayshore Drive, 1799 NE 4th Avenue, and 430 NE 18th Street, Miami,
Florida, has been reviewed to allow a Major Use Special Permit per Articles 13 and 17,
to construct an approximate 499-foot, 47-story high mixed use structure to be comprised
of approximately 648 total multifamily residential units with recreational amenities; ap-
proximately 9,400 square feet of retail space; and approximately 859 total parking
spaces; providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERMIT, as per Article 17, Section 1701, Definition (1), for
residential development involving in excess of two hundred (200) units;
MAJOR USE SPECIAL PERMIT, as per Article 17. Section 1701, Definition (7), to
allow any single use or combination of uses requiring or proposing to provide in ex-
cess of five hundred (500) off-street parking spaces;
This Major Use Special Permit encompasses the following Special Permits and re-
quests:
CLASS 11 SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 6, Section 606.3,1, to allow erection a
new building in SD-6 Central Commercial -Residential district;
CLASS II SPECIAL PERMIT, as per Article 6, Section 606, Sub -Section 606.8.3
Open space and residential recreational space, to allow residential recreational
space conforming to "The City of Miami Design Guides and Standards for Open
Space and Residential Recreational Space";
Article 9. Section 923, Sub -Section 923.2. Sub -Section 923.2.1. Reduction in stall
dimensions by Class II Special Permit; criteria and limitations on reductions, to allow
reduction in dimensions of one (1) loading berth dimensions as follow:
Propose to be reduced: One (1) 12' wide x 55' long x 15' high
Propose to be provided: One (1) 10' wide x 20' long x 15' high
Total to be proposed: One (1) 10' wide x 20' long x 15' high
Four (4) 12' wide x 35' long x 15' high
CLASS 11 SPECIAL PERMIT, as per Article 9, Section 922.4, Sub -section 922.4(c),
Special permits required for proposed offstreet loading facilities or for substantial
06-01055mu
Page 1 of 8
modification of existing facilities, to allow maneuvering of trucks on public rights -of -
way;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Class II Special Permit
required for waived of design standard and guidelines to allow a waiver of City of Mi-
ami Offstreet Parking Guides and Standards requirement of one (1) additional foot in
stall dimension where the side of any stall abuts a wall, column, fence, building, or
other physical obstruction, to allow the minimum stall width dimension of 8'-6" from
face of any obstruction for approximately 553 (64%) parking spaces out of 859 park-
ing spaces provided;
CLASS I SPECIAL PERMITS
CLASS I 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
such as construction fence, covered walkway and if encroaching public property
must be approved by other city departments;
CLASS I SPECIAL PERMIT, as per, Article 9, Section 906, Sub -Section 906.9.
Temporary special events; special permits; criteria, to allow temporary carnival, fes-
tival, fair or similar type event on privately owned or City -owned land such as a
ground breaking ceremonies;
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.
Temporary off-street offsite parking for construction crews, criteria, to allow tempo-
rary off-street offsite parking for construction crews working on a commercial -
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 10.6, Sub -Section 10.6.3.6
(3) SD-6 Central Commercial -Residential District to allow temporary development
sign;
REQUEST, for waiver of Chapter 36 Noise, Section 36-6 Construction Equipment (a)
permitting the operation of construction equipment exceeding the sound level of a read-
ing 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
06-01055mu
Page 2 of 8
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 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 WynwoodiEdgewater NET
District, located at the southwest corner of North Bayshore Drive and NE 18th Street.
• It is found that the subject property is located in the "Miramar" 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) and the proposed zoning designation is SD-6 (Central Commercial
Residential). (see companion File ID 06-01055zc)
• 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 "High -
Density Multifamily Residential" and the proposed Future Land Use category is
"Restricted Commercial". (see companion File ID 06-010551u)
• 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 project has convenient access to the Metromover system at the
Omni station, located five blocks south of the subject property, with connections to
the Metrorail and Tri-Rail systems, for efficient use of existing mass transit systems.
• It is found that the proposed project is located in FEMA Flood Zone "VE".
• It is found that the proposed residential density of the project (648 units at 500 units
per acre) is at the maximum 500 units per acre on the 1.296± net acre site.
• It is found that the total allowable combined floor area without bonuses for the 2.70±
gross acre site at a Floor Area Ratio (FAR) of 8.4 is 988,369 sq. ft. (7.2 FAR
residential at 847,174 sq. ft. and 1.2 FAR non-residential at 141,196 sq. ft.). The
06-01055mu
Page 3 of 8
project as proposed is not requesting any bonuses and consists of a total FAR of
826,465 sq. ft. (817,065 sq. ft. residential, 9,400 sq. ft. non-residential).
• it is found that the maximum height of the proposed structure is approximately 499
feet. Pursuant to Article 6, Section 606.9, there are no height limits in the proposed
SD-6 zoning district.
• It is found that the proposed open space for the project (13,344 sq. ft.) is above the
minimum required open space (11,766 sq. ft. at 10% GLA) for this project.
• It is found that the proposed urban plaza space for the project (5,900 sq. ft.) is
above the minimum required urban plaza space (5,883 sq. ft. at 5% GLA) for this
project.
▪ It is found that the proposed total number of parking spaces (approximately 859) for
the project is above the required minimum number of 658 parking spaces.
• It is found that the project is expected to cost approximately $183,930,000, and to
employ approximately 873 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 31 permanent new jobs
(FTE) for building operations and will generate approximately $2,598,372 annually in
tax revenues to the City (2006 dollars).
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on April 18, 2006 and the following pertinent comments were made:
Alley Closure - Continue to work with the Planning Department towards an
appropriate public benefit for this project; Context/Urban Design — (a) NE 18th
Street is a primary pedestrian connection between Margaret Pace Park and
Biscayne Boulevard. In accordance with the development of NE 18th Street as a
pedestrian connection, the proposed vehicular drop-off along NE 18th Street is
unacceptable. Eliminate this drop-off and minimize the resulting interruption in the
building frontage; (b) The required 21' of stairs to access the building lobby off of
18th Street is acceptable. Push this terraced entrance forward to meet the sidewalk
in order to increase pedestrian connections with the building lobby; (c) The corner of
North Bayshore Drive and NE 18th Street plays a prominent role in the urban fabric
and high expectations are held for its design. The proposed spandrel glass and 24"
stone base along the ground floor of the building, while more visually pleasing, does
little to improve the relationship between the retail and lobby space of the building
and the sidewalk level. Provide terraced steps, like those at the southern side of the
Bayshore Drive frontage, at the corner of North Bayshore Drive and NE 18th Street,
in order to provide greater pedestrian access to the retail spaces; Parking
Garage/Loading — (a) The proposed parking for this project is 200 spaces over the
required parking for this site. Consider reducing the parking to the minimum
required; (b) Confirm the loading dimensions and turning radius requirements with
the Public Works Department in order to verify the feasibility of the proposed loading
arrangement; (e) Confirm all parking slopes and standards with the Public Works
Department; Architecture/Materials — (a) Please include a clear indication of what
type of materials are being proposed for all four elevations of the building, including
windows, balconies, and garage screening materials. This information can be
submitted as a labeled color rendering. Material samples and precedent
photographs are encouraged; (b) Ensure that the building complies with Miami -Dade
County Ordinance 04-203, Section 33-335. This states that all building heights
06-01055mu
Page 4 of 8
reviewed by the Dade County Aviation Department in accordance with the "Airport
Height Zoning Area Map for Miami International Airport."; (c) The height of the
structure (to the highest point including any architectural treatments) shall be
indicated in both NGVD and in above grade formats; Pedestrian Realm - The
committee appreciates the articulation of the street wall with spandrel glass and a
24" stone base in order to reduce the impact of a blank wall on the pedestrian realm.
Supplement this facade treatment with additional stepped entrances to the building
along the length NE 18th Street and North Bayshore Drive in order to better activate
the street and provide a stronger connection between the ground floor of the building
and the sidewalk; Landscape/Streetscape - Continue to develop the landscape
plan. The Planning Department's review resulted in design modifications that were
then recommended for approval to the Planning Director.
• It is found that on April 24, 2006, the City of Miami Public Works Department
provided a review of the project and commented that Platting of the property will be
required in order to close and vacate the 10 foot alley within this property. Public
Works strongly recommends an early investigation into the platting requirements for
this site. Also, coordinate alley access with the adjacent proposed and existing
developments. The public alley is being used as access for the delivery trucks of
Hotel de ('Opera and Bay Park Plaza. In addition, the following street improvements
shall be required: North Bayshore Drive — Coordinate roadway improvements with
the City of Miami Capital ImprovementITransportation Office for the proposed
roadway reconstruction project at this area; NE 4th Avenue — Replace all broken and
damaged sidewalk, curb and gutter on both sides of the roadway adjacent to the
project site. Construct new concrete sidewalk, curb and gutter following the 25-foot
corner radius. Mill and resurface the entire width, curb to curb, adjacent to the
project site. Approval of the Public Works Director is required for the proposed street
brick work and a maintenance covenant shall be required for the non-standard
improvements in the right-of-way, Coordinate street improvements with adjacent
Hotel de 1'Opera project; NE 18th Street — Coordinate roadway improvements with
the City of Miami Capital Improvement/Transportation Office for the proposed
roadway reconstruction project at this area. The "Plaza" on NE 4th Avenue has been
included in the gross lot area calculation. Verify ownership of the "Plaza" prior to
including this land in the calculation.
• It is found that on May 1, 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
May 17, 2006 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
06-01055mu
Page 5 of 8
It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on May 17, 2006, which recommended Approval
(UDRB Reso. 5-17-06-3) with conditions.
• It is found that on May 31, 2006, the City's Traffic Consultant, URS Corp., provided a
review (W.O. #158) 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 by the Miami Zoning Board on
September 11, 2006, Item No. 7, for a Change of Zoning from R-4 (Multifamily High -
Density Residential) to SD-6 (Central Commercial Residential) in which the Board
recommendation of APPROVAL passed (Reso. ZB-06-1227) by a vote of six to zero
(6-0), which requires City Commission approval. (see companion File ID 06-
01055zc)
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on September 18, 2006. The student population generated by this
development is estimated at 175 students. The schools serving this area of
application are Phillis Wheatley Elementary (84 students) — 61% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Jose De Diego Middle
(39 students) — 102% FISH; and Booker T. Washington Senior High (52 students) —
70% FISH. Pursuant to the Interlocal Agreement, none of the schools meet the
review threshold of 115%.
• 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 APPLICANTS 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.
06-01055mu
Page 6 of 8
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 1 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 1 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 design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) Eliminate the proposed vehicular drop-
off and minimize the resulting interruption in the building frontage; (b) The terraced 21
feet of stairs to access the building lobby off of 18th Street shall be brought forward to
meet the sidewalk in order to increase pedestrian connections with the building lobby;
(c) Provide terraced steps at the corner of North Bayshore Drive and NE 181h Street, like
those at the southern side of the Bayshore Drive frontage, in order to provide greater
06-01055mu
Page 7 of 8
pedestrian access to the retail spaces; (d) The provided excess parking spaces shall be
reduced to the minimum required amount; (e) Provide clear details of what type of mate-
rials are being proposed for all four elevations of the building, including windows, balco-
nies, and garage screening materials. (f) A final landscape plan shall be submitted for
review and approval of the Planning Director prior to the issuance of a building permit;
12) Pursuant to comments by the City of Miami Public Works Department, the
following conditions shall be required of the applicant: (a) Platting of the property will be
required in order to close and vacate the 10 foot alley within this property; (b) North
Bayshore Drive — Coordinate roadway improvements with the City of Miami Capital
Improvement/Transportation Office for the proposed roadway reconstruction project at
this area; (c) NE 4`h Avenue — Replace all broken and damaged sidewalk, curb and
gutter on both sides of the roadway adjacent to the project site. Construct new concrete
sidewalk, curb and gutter following the 25-foot corner radius. Mill and resurface the
entire width, curb to curb, adjacent to the project site. Approval of the Public Works
Director is required for the proposed street brick work and a maintenance covenant shall
be required for the non-standard improvements in the right-of-way, Coordinate street
improvements with adjacent Hotel de l'Opera project; (d) NE 18`h Street — Coordinate
roadway improvements with the City of Miami Capital Improvement/Transportation
Office for the proposed roadway reconstruction project at this area; and (e) Verify
ownership of the "Plaza" on NE 4th Avenue prior to including this land in the gross lot
area calculation.
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 May 1, 2006.
14) That the requested accompanying applications for Land Use Change (File ID
06-010551u) and Change of Zoning (File ID 06-01055zc) on this property are approved
by the City Commission.
15) The applicant shall record a covenant, subject to review and approval by the
city attorney, within sixty (60) days of the effective date of this resolution, which states
that in the event that this Major Use Special Permit expires or is abandoned, any future
development of the subject properties shall require design review and approval by the
Planning Director, utilizing the same criteria as the original Major Use Special Permit.
16) 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.
06-01055mu
Page 8 of 8