HomeMy WebLinkAboutPAB AnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
On The Park
located atapproximately
1770 and 1778 North Bayohone Dhve, 1799 NE 4th Avenue. and 430 NE 10th Street
LEG|STARF|LE |D: 06-01055nnu
Pursuant to Ordinance 11000. as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the OnThe Park project, |000tedatapproxinnmka|y177O
and 1778 North 0mymhona [>hve. 1799 NE4thAvenue, mnd43O NE 18th Strect, Miami,
Florida, has been reviewed to allow o Major Use Special Permit per Articles 13 and 17,
to construct anapproximate 4SS-foct.47-storyhigh mixed use structure tobecomprised
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 ('`FAF<^) bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERMIT, ooper Article 17. Section 1701. Definition (1).for
residential development involving in excess of two hundred (200) units;
MAJOR USE SPECIAL PERW1|T, as per Article 17. Section 17011. Definition /7>, to
allow any single use or combination of uses requiring or proposing to provide in ex-
cess offive hundred (5O0)off-street parking spaces;
This Major Use Special Permit encompasses the following Special Pennho and re-
CLASSUUSPEC|ALPERM|TS
CLASS || SPECIAL PEHM|T, as per Article 8. Section 506.3.1. to allow erection a
new building in 8O-6 Central Commercial -Residential district;
CLASS || SPECIAL PEF|M|T, as per Article G. Section OOO, Sub -Section 606.8.3
Open space and residential recreational opmce, to allow residential recreational
SpGC9 conforming to "The City Of Miami [)ani0n Guides and Standards for [}pen
Space and Residential Recreational Space";
Article 9. Section 923, Sub -Section 923.2. Sub -Section 923.2.1. Reduction in stall
dimensions by Class || Special Permit; criteria and limitations on reductions, toallow
reduction indimensions ofone (1) loading berth dimensions asfollow:
Propose hobereduced: One (1)12'vvkjex55'long x15'high
Propose tmbeprovided: One (1)10'vvidex2O'long x15'high
Total to be proposed: One U\ 10'vvidex 20' long 15' high
Four(4) 12'vvidex 35' long x 15' high
CLASS U SPECIAL PERMIT, as per Article S. Section 922.4. Sub -section 922.4(u).
Special permits required for proposed offst[eet loading facilities or for substantial
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modification of existing fod|bies, to aUwvv maneuvering of trucks on public rights -of -
way;
CLASS || SPECIAL PERMIT, aaper Article 15.Section 1512.Class || Special Permit
required for waived of design standard and guidelines to allow m waiver of City of Mi-
ami {]ffotreetParking Guides and Standards requirement ofone (1)additional foot in
stall dimension where the side of any stall abuts a vvaU, co|unnn, fence, bui|ding, or
other physical obotruction, to allow the nninirnurn stall width dimension of 8'-6^ from
face ofany obstruction for approximately 553(8496)parking spaces out of85Spark-
ing spaces provided;
CLASS I SPECIAL PERMITS
CLASS | SPECIAL PERM|T, as per, Article S. Section 927. Temporary ntructures,
occuponciea, and uses during cunstruction, criteria for special pernnits, to allow tem-
porary structunea, occupanciaa, and uses reasonably necessary for construction
such as construction fenoe, covered vvG|kvvGy and if encroaching public property
must be approved byother city departments;
CLASS | SPECIAL PEF<K8|T, as per. Article S. Section 906. Sub -Section 906.9.
Temporary special events; special permits; criteria, to allow temporary oarnivo|, fas-
dva|, fair or ainni|or type event on privately owned or City -owned land such as a
ground breaking ceremonies;
CLASS | SPECIAL PERK8|T, as per, Article D. Section 810, Sub -Section 916.21.
Temporary special evert padking, to allow parking for temporary special event such
as groundbreaking ceremonies;
CLASS | SPECIAL PERK8|T, as per, Article 9, Section 918, Sub -Section 818.2.
Temporary off-street offsite parking for construction crevva, chteha, to allow tempo-
rary off-street offsite parking for construction cnevva working on o commercial-
residential
CLA88 | SPECIAL PERM|T, as per, Article 9. Section 920. Sub -Section 930.1.2.
Limitations on occupancy of mobile honnes, to allow parking of mobile honneo, trail-
ers or manufactured honnes, when authorized for security orother purposes in con-
nection with land development such as construction trailer(s) and other temporary
construction offices such aowatchman's quarters, leasing and oo|eo centers;
CLASS | SPECIAL PERM|T, as per Article 10, Section 10.8, Sub -Section 10.6.3.6
(3) SO-6 Central Commercial -Residential District to allow temporary development
RE{JUEST, for waiver of Chapter 30 Noise, Section 38-6 Construction Equipment (a)
permitting the operation of construction equipment exceeding the sound level of read-
ing CfO.78weighted average dBA at any time and/or day subject to the City Manager
Exception pursuant to Section 36-0 (o) and all the applicable criteria;
REQUEST for applicable K8U8Pconditions tobe satisfied at the time ufShell 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
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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 toArticles 15and 17ofZoning Ordinance 118OO.approval of the
requested Major Use8pecia|PernnitahaUbeconaideredsufficienthzrthesubondinaUs
permits requested and referenced above as well as any other special approvals required
bythe City which may berequired tocarry 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
(LS[JC) 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 inthe \8/ nvvoVd/Edgevvmter NET
District, located at the southwest corner ofNorth Boyohore Drive and NE 18''' 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 K8ionni. Florida, the
existing zoning designation for the property is R-4 (Multifamily High -Density
Residential) and the proposed zoning designation is GO-8 (Central Commercial
Residential). (see companion File ID 06-01055zc)
It in found that pursuant to the Comprehensive Neighborhood Plan of the City of
Mimnni. 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 |ouok*d within an Archeological
Conservation area.
It is found that the project has convenient access to the Mstnonnoversysbenn at the
Omni station, located five blocks south of the subject propertv, with connections to
the Metrorail and Tri-Rail systems, for efficient use of existing mass transit systems.
|tisfound that the proposed project iG|0cotedinFEMAF|Ood3bne WE".
� It iafound that the proposed residential density ofthe project (048 units et5OOunits
per acre) is at the maximum 500 units per acre on the 1.296± net acre site.
It is found that the total GUovvmNe combined floor area without bonuses for the 270±
Qr0GG acne site at a Floor Area Ratio (FAR) of 8.4 is 988.380 sq. ft. (7.2 FAR
residential at 847.174 eq. ft. and 1.2 FAR non-residential at 141.196 sq. ft.). The
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project as proposed is not requesting any bonuses and consists of total FAR of
826,465 sq. ft. (817,065 sq. ft. residential, 9,400 sq. ft. non -residential).
It is found that the nnaxinnunn height of the proposed structure is mpprnxinnmUaly489
feet. Pursuant to Article 8, Section 606.8. 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 nninirnurn required urban plaza space (5.883 sq. ft. at 596 GLA) for this
w U is found that the proposed total number ofparking spaces (approximately O59) for
the project is above the required minimum number of 658 parking spaces.
It iafound that the project is expected tocost approximately $1G3.83O.00O. and to
employ approximately 873 workers during construction (FTE-Full Time Employees);
The project will also result in the creation ofapproximately 31 permanent new jobs
(FTE) for building operations and will generate approximately $2,598,372 annually in
tax revenues tothe City /2OOOdoUars>.
� 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; ontext/Urban Design — /m\ NE 18 m
Street is a primary pedestrian connection between Margaret Pace Pork and
Biscayne Boulevard. In accordance with the development ofNE 18m Street as m
pedestrian connection, the proposed vehicular drop-off along NE 18''' 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
18 mStnmet 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 18m Street plays m prominent role )nthe urban fabric
and high expectations are held for its design. The proposed spandrel glass and 34^
stone base along the ground floor of the bui|ding, 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
Beyahore Drive frontage, at the corner of North Bmyohore Drive and NE 18m 8tnaet,
in order to provide greater pedestrian noomso to the retail spaces; Parking
Garage/Loading — (m) The proposed parking for this project is 200 spaces over the
required parking for this site. Consider reducing the parking to the nnininnurn
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; (o) Confirm all parking slopes and standards with the Public Works
Department; Architecture/Materials — /a> Please include a clear indication of what
type Of Rl@teri@|a are being proposed for all h}uF elevations of the bui|ding, including
xxindovvo, balconies, and garage screening materials. This information can be
submitted an m labeled color rendering. Material samples and precedent
photographs are encouraged; (b) Ensure that the building complies with Miami -Dade
County Ordinance 04-203. Section 53-335. This states that all building heights
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reviewed by the Dade County Aviation Department in accordance with the "Airport
Height Zoning Area K8op for K8imnni International Airport."; (o) The height of the
structure (to the highest point including any architectural treatments) shall be
indicated in both NGVO and in above grade formats; Pedestrian Realm - The
committee appreciates the articulation of the street xvaU with Gpmndna| 0|aoa and m
24" stone base in order to reduce the impact of a blank wall on the pedestrian realm.
Supplement thistegade treatment with additional stepped entrances to the building
along the length NE 18m Street and North Bayahore [)hVe in order to better activate
the street and provide a stronger connection between the ground floor of the building
and the sidewalk; Landscmpm/Stmaetscape - Continue to develop the landscape
plan. The Planning Department's review resulted in design modifications that were
then recommended for approval tothe Planning Director.
* It is found that Miami -Dade Public Schools provided a preliminary review of the
proposed project on April 20. 2006. The student population generated by this
development is estimated at 123 students. The schools serving this area of
application are PhiUisVVheaUey Elementary (56students) —57Y6 Florida Inventory
School Houses (FISH) Capacity with the proposed project; Jose [>e Diego Middle
(31 students) — 101Y6 FISH; and BoQkerT. Washington Senior High /36 students) —
7O96 FISH, Pursuant to the |nter|oom| Agreernent, none of the schools meet the
review threshold of11596,
It is found that on /\oh| 24. 2006. the City of M|mnni Public Works Department
provided a review ofthe project and uVnnnnentad that Platting of the property will be
required in order to close and vacate the 10 foot alley within this property. Public
VVorhe strongly neoonnnnenda anearly investigation into the platting requirements for
this site. Also, coordinate alley occman with the adjacent proposed and existing
deve|nprOeDts. The public alley is being used as access for the delivery trucks of
Hotel de |'Opena and Bay Park Plaza. In addidon, the following street improvements
shall be required: North 8ayshone C>Five— Coordinate roadway improvements with
the City of Miami Capital Improvement/Transportation Office for the proposed
roadway reconstruction project at this area; NE 4^' Avenue— Replace all broken and
damaged aidevvm|k, curb and gutter on both sides of the roadway adjacent to the
project site, Construct new concrete eidevvm|k, curb and gutter hm||ovving the 25-foot
corner radius, Mill and resurface the entire xv|dth, curb to ourb, adjacent to the
project Site. Approval of the Public VV0[hs Director is required for the proposed street
brick work and o maintenance covenant ohm|| be required for the non-standard
improvements in the right-of-way, Coordinate street improvements with adjacent
Hotel de [Opera project; NE 181h 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 mAvenue has been
included in the gross lot area calculation. Verify ownership of the ''P|eza" prior to
including this land inthe 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 @ddition, 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 200feet requires the applicant
to file with the Federal Aviation Administration (FAA) Form 74OO-1. "Notice of
Proposed Construction Alteration Det
ermination vv on of Hazards". In addition,
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construction cranes for this project exceeding 200feet 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 eddn*ea the expressed technical onnoarno raised at said Large
Scale Development Committee meeting.
|ti8found that the proposed project was reviewed for design appropriateness bvthe
Urban Development Review Board on May 17. 2006. which recommended Approval
(UOF<B F<euo. 5-17-OO-3)with conditions.
|tisfound that on K8ay31. 2006. the Citv'oTraffic Consultant, URG Corp.. provided
review (8/[>. #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 m Change of Zoning from R-4 (Multifamily High -
Density Residential) to SD-6 (Central Commercial Residential) in which the Board
recommendation of APPROVAL passed (Reuo. ZB-06-1237) by m vote of six to zero
/0'0>. which requires City Commission approval. kSRe companion File 8D 00-
01055zd
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 tothe following
Design Review Criteria: /1\ She and Urban Planning; (2) Architecture and
Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and
[)pen Space; (5) Vehicular Access and Parking; (0) Screening; (7) Gignage and
lighting; (f) Preservation of Natural Features; and (S) Modification of
Non conformities.
Based on theme findings, the Planning Department is recommending approval of
the requested Development Project m/iththe following conditions:
1> Meet all applicable building codes, land development regulations, ordinances
and other laws and pay all applicable fees due prior tothe issuance ofabuilding permit.
2\ Allow the Miami Police Department to conduct a security nunaey, at the option
of the Department, and to make recommendations concerning security measures and
systems; further submit m report to the Planning Oepartnnent, prior to commencement of
construction, demonstrating how the Police Department necornrnendedono, if any, have
been incorporated into the PROJECT security and construction p|ana, ordemonstrate to
the Planning Director why such recommendations are impractical.
3)Obtain approval from, orprovide oletter from the Department ofFire-Rescue
indicating APPLICANT'S coordination with members of the Fire Plan Review Section at
the Department ofFire-Rescue inthe review of the scope ofthe PROJECT, owner re-
sponsibi|ity. building development process and review pruoedurea, as well as specific
requirements for fire protection and life safety aystenns, exiUng, vehicular access and
water supply,
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4>Obtain approval from, orprovide uletter of assurance from the Department cf
Solid Waste that the PROJECT has addressed all concerns cf 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 tVfollow the provisions ofthe City'sMino nnenBuaineao/\ffairsond
Procurement Program msaguide.
EA Record the following in the Public Records of Dade Count/. Florida, prior to
the issuance of Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration mfCovenants and Restrictions providing that the ownership, operation and
maintenance ofall common areas and facilities will bebythe property owner ormman-
datory prVperty0wnerassOciatiVninperpetVity.
7\ Prior to the issuance Of a shell pennh. 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 besubject tothe review and approval of the City Atorney'aOffice.
8) Provide the Planning Department with m Usnnpurery construction plan that in-
cludes the h)UOvviDg: a temporary construction parking p|an, with an eOfO[CenleDt 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 bythe Planning Department prior to the issuance ofany building permits and
shall be enforced during construction activity. All construction activity shall mynnmin in full
compliance with the provisions of the submitted construction plan; failure to comply may
lead toasuspension orrevocation ofthis Major UoeSpecia|PernniL
y) In aofar ao this Major Use Special Permit includes the subordinate approval Of
a series of Class | Special Permits for which specific details have not yet been devel-
oped orprovided, the applicant shall provide the Planning Department with all subordi-
nate C|moa | 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 tVcarry out any ofthe requested activities and/or improvements listed in this de-
velopment order or captioned in the plans approved by it.
1C0|fthe project is to be developed in phases, the Applicant shall submit an in-
terim p|an, including o landscape p|an, which addresses design details for the land oc-
cupying future phases ofthis Project inthe event that the future phases are not devel-
oped, said plan shall include a proposed timetable and shall be subject tVreview and
approval by the Planning Director,
11)Pursuant kndesign ne|ahedconnnnentereceiv8dbvtheP|@nning0rector, the
applicant Sh@U meet the following conditions: (a) Eliminate the pnJp0S8d 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 18"' 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 ofNorth Bayshnre [Drive and NE 181h Street, like
those at the southern side of the BGyshVre Drive frontage' in order to provide greater
pedestrian access tOthe retail spaces; (d) Provided excess parking upmoea shall be re'
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duced to the nnininnunn required amount; b4 Provide clear details of what type of rnateh-
m|a are being proposed for all four elevations of the bui|din0, including vvindovve, ba|co-
nies, and garage screening nnatehm|o. ADAfinal landscape plan ohoU be submitted for
review and approval of the Planning Director prior to the issuance of building permit;
12\ Pursuant to comments by the City of Miami Public Works DeFartment, the
following conditions shall berequired of the applicant: /a>Platting of the property will ba
required in order to dose and vacate the 10 foot alley within this property; (b) North
0ayshone Drive — Coordinate roadway improvements with the City of Miami Capital
|nnprovennenU7rmnspnrtadon Office for the proposed roadway reconstruction project at
this area; (c) NE 4m Avenue— Replace all broken and damaged sidevva|k, curb and
gutter 0nboth sides uf the roadway adjacent tothe project oite. Construct new concrete
oidevva|k, curb and gutter following the 25-foot corner radius. K8iU and resurface the
entire vvidth, 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 irnpn}vennanto in the right-of+way. Coordinate street
improvements with adjacent Hotel de |'Operm project; (d) NE 1 81h 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 4m Avenue prior to including this land in the gross lot
area calculation.
13\Prior tothe issuance ofebuilding permit, the applicant shall submit aletter of
approval of the proposed height from the Miami -Dade County Aviation Department. If no
such approvals are granted, the height 0fthe proposed project ohaUbenaducedtothose
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated May 1.2O0O.
14) That the requested accompanying applications for Land Use Change (File 8J
06-010551/ and Change of Zoning (File 8} 00-01055zo) on this property are approved
by the City Commission.
15\The applicant shall record acovenant, subject toreview and approval bvthe
nib/ ottonley, within sixty (60) days of the effective dote of this nesV|ution, which states
that inthe event that this Major Use Special Permit expires orioabandoned, any future
development of the subject properties shall require design review and approval bythe
Planning Director, utilizing the same criteria as the original Major Use Special Permit.
16) Within SO 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 auooe000ns, and aaaignu, jointly or
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