HomeMy WebLinkAboutCC AnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
EDGE WATER TOWER
located at approximately
701 NE 31 STREET, 3117. 3120. 3121 AND 3131 NE 7 AVENUE, 475, 533, 545. 001
AND 519-25 NE 32 STREET
LEG|STARFILE I0: 07~00048nmu
Pursuant toOrdinance 11OOU.@samended, the Zoning Ordinance ofthe City ofMiami,
Florida, the subject proposal for the Edge Water Tower project, located at
approximately 701 NE 31 Street, 3117, 3120' 3121 and 3131 NE 7Av8OUe' 475, 533,
545, 601 Gnd518-25 NE 32 8t[eet, 0Nianni' Florida, has been reviewed toallow a Major
Use Special Permit per Articles 5. 9. 13 and 17, to construct on 8pprOxinnate482-foot.
41-story high residential structure to be comprised of approximately 201 total nnu|Uf8nni|y
residential units with recreational amenities; approximately 333.335 square feet of
residential space; and approximately 325toto| parking spaces; providing for certain floor
area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMIT, anper ARTICLE 17. Section 1701. Definition (1).to
allow a residential development involving two hundred one (201) units-,
MAJOR USE SPECIAL PERK8|T, as per ARTICLE 17. Section 1701. Definition (8) and
ARTICLE Q. Section 814, Sub -Section 814,1 Dwelling unit, square footage, and off-
street parking bonuses for contribution 1oAffordable Housing Trust Fund; exceotions, to
mUovv an increase of up to twenty (25) percent of additional floor area an a development
bonus of approximately 57`473-37 square feet, the user shall make a non-refundable
bonus developer contribution of an amount of$712.6SA79tothe Affordable Housing
Trust Fund administered by the City of Miami;
MAJOR USE SPECIAL PERMIT, osper ARTICLE 17.Section 17O1.Definition QHand
ARTICLE 5. Sect. 502. PUD districts; rnininnunl area, rnmxrnurn densities and nnaxnnunn
floor area ratios permitted (a) /b\, to allow an inoreane of up to 2096 increase of floor
area ratio of approximately 45,978.70 feet of floor area,
The Major Use Special Permit anoonlpomaes the following Special Permits and
CL/\SSU SPECIAL PERMIT, asper ARTICLE 15.SeoboO 1511, Class U Special Permit
required for any development between Biscayne Bay and the first dedicated hAht-of-
vvGy, to allow any development on property located between Biscayne Bay and the first
dedicated right-of-way,
CLASS 11 SPECIAL PERMIT, as per ARTICLE 6, Section 620-3.1, to allow construction
of any new building in S[>-20 EOGEVV/\TEROVERLA/ DISTRICT;
CLASS (| SPECIAL PERMIT, asper ARTICLE 9.Section SO3.Sub-Section 8O3.1 Rules
concerning projects crossing district boundaries or streets; requirements and limitations,
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to allow a project to be designed as a single site and it occupies Lots divided by a street
or alley;
CLASS €I SPECIAL PERMIT, as per Article 15, Section 1512, Class II Special Permit
required for waiver of design standards and guidelines, to request a waiver of City of
Miami Parking Guides and Standards for reduction of the required extra one (1) foot
where a side of a parking stall abuts a wail;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub -section 908.2,
Acces, to allow driveways of width greater than 25 feet;
CLASS 11 SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -Section 917.14,
Sub -Section 917.14.1 Parking Lifts, Robotic and Mechanical parking systems, to allow
159 parking lifts system;
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
modification of existing facilities, to allow maneuvering of trucks on public rights -of -way;
CLASS 1 SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary structures,
occupancies, and uses during construction, criteria for special permits, to allow
temporary 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 1 SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub -Section 906.9.
Temporary 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 1 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 temporary
off-street offsite parking for construction crews working on a residential project under
construction accommodated within an R-3 or more permissive zoning district;
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, trailers or
manufactured homes, when authorized for security or other purposes in connection 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
R-4 Multifamily High -Density Residential — Sign Regulations, to allow temporary signs
for development;
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
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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 MAJOR USE SPECIAL PERMIT, that the following conditions
be required at the time of issuance of Shell Permit instead of at issuance of Foundation
Permit;
- The requirement to record in the Public Records a Declaration of Covenants and/or
Restrictions providing that the ownership, operation and maintenance of all common
areas and facilities will be by the property owner and/or a mandatory property owner
association;
- And the requirement to record in the Public Records a Unity of Title or a covenant in
lieu of a Unity of Title.
Pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance 11000, approval of the
requested Major Use Special Permit shall be considered sufficient for the subordinate
permits requested and referenced above as well as any other special approvals required
by the City which may be required to carry out the requested plans.
In determining the appropriateness of the proposed project, the Planning
Department has referred this project to the Large Scale Development Committee
(LSDC) and the Planning Internal Design Review Committee for additional input
and recommendations; the following findings have been made:
• It is found that the proposed development project will benefit the area by creating
additional residential opportunities in the Wynwood/Edgewater NET District, located
at the northwest corner of N.E. 32nd Street and N.E. 7th Avenue.
• It is found that the subject property is located in the "Elwood Court Bay Front
Section" plats within the City.
• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the subject property is R-4 (Multifamily High Density
Residential) with Overlay 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 subject property is
"High Density Multifamily Residential".
• 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 project is located in FEMA Flood Zones "VE and AH".
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It is found that the proposed residential density of the project (201 units at 99 units
per net acre) is below the maximum 304,5 units (150 units per net acre) on the
.2.03± net acre site.
It is found that the total allowable floor area without bonuses for the 1.72± times the
gross acre site for a FAR of 229,893 square feet. The project as proposed is
requesting bonuses of 20% PUD (45,978.70 sq. ft.) and 25% Affordable Housing
Trust Fund Bonus (103,452.07 sq. ft.) for a total proposed FAR of 333,345.55
square feet.
It is found that the maximum height of the proposed structure is approximately 482
feet. Pursuant to Article 4, Section 401, there are no height limits in the existing R-4
zoning district.
• It is found that the proposed open space for the project (24,386 sq. ft.) is above the
minimum required open space (20,049 sq. ft. at 15% GLA) for this project.
• It is found that the proposed total number of parking spaces (approximately 325) for
the project is above the required minimum number of 236 parking spaces.
▪ It is found that the project is expected to cost approximately $240,861,546, and to
employ approximately 337 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 8 permanent new jobs
(FTE) for building operations and will generate .approximately $1,139,483 annually in
tax revenues to the City (2007 dollars).
• It is found that Miami -Dade Public Schools provided a preliminary review of the
project on October 5, 2006. The student population generated by this development
is estimated at 55 students. The schools serving this area of application are Eneida
M. Hartner Elementary (26 students) —123% Florida Inventory School Houses (FISH)
Capacity; Jose de Diego Middle (12 students) -- 99% FISH; and Booker T.
Washington Senior High (17 students) -- 69% FISH. Pursuant to the interlocal
agreement, only Jose de Diego Middle and Booker T. Washington Senior meet
review threshold of 115%.
• It is found that on October 6, 2006, the City of Miami Public Works Department
provided a review of the project and commented that the following street
improvements shall be required: NE 31 Street, NE 32 Street and NE 7 Avenue —
Reconstruct these roadways adjacent to the project site in accordance with the
roadway plans approved on April 8, 2004 on file in the Public Works Department. In
addition, 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 full pavement width, curb to curb,
along the entire length of the excavation and / or damaged pavement area. A
thorough cleaning of all stormwater drainage inlets and storm sewer pipes adjacent
to the building site shall be required at the completion of the project. The streets and
avenues adjacent to the project site must be clear of dust and construction debris at
all times. A.D.A. complaint handicap ramps are required at street intersections.
• It is found that on October 17, 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 as long as; (1) FAA
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determines that the construction of the building at 482 feet AMSL will not diminish or
affect the safety, efficiency or capacity of the Miami International Airport in any way;
(2) FAA issues a "Determination of NO Hazard" for this project; Any proposed
construction exceeding 200 feet (AMSL) 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 (AMSL) in height must be
filed using the same form.
a It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on November 15, 2006, which recommended
Approval with conditions (UDRB Reso. 11-15-06-6).
• It is found that on November 15, 2006, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #170) 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 for the most part
with 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
responsibility, building development process and review procedures, as well as specific
requirements for fire protection and life safety systems, exiting, vehicular access and
water supply.
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 (includinga
Contractor/Subcontractor Participation Plan) submitted to the City as part of the
Application for Development Approval, with the understanding that the APPLICANT
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must use its best efforts to follow the provisions of the Cbv's Minority/Women Business
Affairs and Procurement Program as a guide.
8) Record the following in the Public Records of Dade County Florida, prior to
the issuance of Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration of Covenants and Restrictions providing that the ownerGNp, operation and
maintenance of all COnnnnon areas and facilities will be by the property nvvnsr or a
Mandatory property owner association inperpetuity.
7)Prior to the issuance of a shell permit, provide the City with grecorded copy of
the MUSP permit resolution and development order, and fVrther, 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 tothe review and approval ofthe City Atorney'aOffice.
EA Provide the Planning Department with a temporary oOnStnuCtk}n plan that
includes the following: a temporary construction parking p|an, with an enforcement
policy; a construction noise management plan with an enforcement policy: and m
maintenance plan for the temporary construction site; said plan shall be subject to the
review and approval by the Planning Department prior tothe issuance of any building
permits and shall beenforced during construction activity. All construction activity shall
nanna)n in full compliance with the provisions of the submitted construction plan; failure
tVcomply may lead tmasuspension orrevocation ofthis Major Uee Special Permit.
9)|nenfar mathis Major UseSpecia|Pernnitinc|udeethesubordinate approval of
a series of Special Perrn\ba for which specific details have not yet been developed or
provided, the applicant shall provide the Planning Department with all subordinate
Special Permit plans and detailed requirements for final review and approval of each
one prior to the issuance of any ofthe subordinate approvals required in order to carry
out any of the requested activities and/or improvements listed in this development 'Order
or captioned in the plans approved by it.
10 If the project is to be developed in phases' the Applicant shall submit an
interim plan, including @ landscape ohan, which addresses design details for the land
occupying hJtUFe phases of this Project in the event that the future phmaaa are not
daveloped, said plan shall include aproposed timetable and shall besubject to review
and approval bythe Planning Director.
11)Pursuent to design related comments received by the Planning Director, the
applicant has complied.
12)Pursuant to comments by the City of Miami Public Works Department, the
#JUoVViOg conditions shall be required of the applicant: /11 NE 31 Stneet, NE 32 Street
and NE 7 Avenue — Reconstruct these roadways adjacent to the project site in
accordance with the nuedvvay plans approved on /\ori| 8, 2004 on file in the Public
Works Department. In addition, pavement restoration for all water and sewer
extensions, existing damaged pavement and pavement damaged during uonstruution',
as determined by the City Inspector, shall include milling and resurfacing of full
pavement vvidth, curb to curb, along the entire length of the excavation and / or
damaged pavement area. Athorough cleaning of all stor[nvxaterdrainage inlets and
storm sewer pipes adjacent to the building site sha|l be required at the completion of the
project. The streets and avenues ecUaoen\ to the project site must be clear of dust and
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construction debris at all times, A.D.A. complaint handicap ramps are required at street
intersections,
13) 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.
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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