HomeMy WebLinkAboutBack-Up Documents - WaiverFINAL DECISION
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DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
*A6 t 538 NE 28th Street, Miami, FL 33137
Final Decision:
El Approval
10 Approval with conditions
Denial
FINDINGS AND CONDITIONS:
The subject proposal has been reviewed for the following Special Permit:
• WAIVER, pursuant to Article 5, Section 5.6.4(d) and Article 7, Section 7.1.2.5(a)(19) of the
Miami2l Zoning Code, to allow in a Primary Frontage, Parking to extend into the Second Layer
above the Second (2) story, if an art or glass treatment, of a design to be approved by the
planning Director, with the recommendation of the Urban Development Review Board is
provided for one hundred (100%) percent of that portion of the pedestal facade',
• WAIVER, pursuant to Article 5, Section 5.6.4(e) and Article 7, Section 7.1.2.5(a)(19) of the
Miami 21 Zoning Code, to allow in a Secondary Frontage, Parking to extend into the Second
Layer above ground beyond fifty (50%) percent of the length of the frontage or height of the
Pedestal, if an art or glass treatment of a design to be approved by the Planning Director is
provided for that portion of the pedestal facade.
• VVAIVER, pursuant to Article 7, Section 7.1.2.5(a)(28) of the Miami 21 Zoning Code, to allow a
ten (1.0%) percent deviation of any particular standard of the Code except Density, Intensity,
and Height. Specifically, a ten (10%) percent increase of the Building Floorplate dimension
above the eighth (8th) floor is being requested.
The Office of Zoning has referred this Waiver application to the Planning Department, Public Works
Department, and the Department of.Parks and Recreation. Their comments and recommendations
have been duly considered and are reflected in this final decision. In reviewing this application, the
following findings have been made.:
FINDINGS:
• It is found that the zoning designation for this parcel is Urban Core Transect (T6-36a-L).
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FINAL DECISION
of Restrictive Covenants: in lieu of Unity of 'Title has been
and is pending approval from the Law Department; which
E 28 Street.
oposing a residential property with 754,693 square feet and
e is 6 levels high plus roof top parking and measures 661-8'1 in
parking for this proposal is, 485 parking spaces and the project
aces, thus exceeding the minimum requirements.
• It %1Ic b maximum building Height by Right is 36 stories and 42 stories have been
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proposed, thus the applicant is seeking approval for 6 additional residential stories through the
Public Benefits Program. Compliance with the Public Benefits Program shall be obtained in
accordance with Article 3, Section 3.14.4of the Miamin Code, In addition the applicant is
proposing to provide affordable housing offsite pursuant to Article 3, Section 3.14.4(a)(2)
which states that when affordable housing is provided off site it shall be in a location within the
City and approved by the City Manager.
• It is found that the applicant, pursuant to Article 5, Section 5.6.4(d) and Article 7, Section
7.1.2.5(a)(19) is seeking Waiver approval to allow Parking to extend into the Second Layer
along one hundred percent (100%) of the facade fronting NE 29th Street on all typical floors;
starting on the third floor.
It is found that the applicant, pursuant to Article 5, Section 5.6.4(e) and Article 7, Section
7.1.2.5(a)(19) is seeking Waiver approval to allow Parking to extend into the Second Layer
along one hundred percent (100%) of the facade fronting NE 28th Street on all typical floors;
starting on the second floor
• It is found that the applicant is providing habitable space along NE 29 Street on the ground floor
and on the second (2ad) floor, thus meeting the liner requirements for Primary Frontages as
established in Section 5.6.4(d) of the Miami21 Code.
• It is found that the applicant is providing habitable space along NE 28 Street on the ground floor
thus meeting the liner requirements for Secondary Frontages as established in Section 5.6.4(e)
of the Miami21 Code,
• It is found that the applicant, pursuant to Article 5, Section 5..6.2 (b)(4) and Article 7, Section
7.1,2,5(a) (28), is seeking Waiver approval to allow a ten percent (10%) increase of the Building
Floorplate above the 8th floor. Specifically, above the 8th floor, the Building Floorplate -dimension
shall be limited to 1.80' maximum length for Residential Uses and 198' approx. is being
proposed thus exceeding the maximum requitement by 10%. The proposal does not
contemplate the inclusion of balconies, which would otherwise count towards Building
Floorplate.
• It is found that notices were sent to all abutting property owners and registered associations
pursuant to Article 7, Section 7.1..2.5.
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FINAL DECISION
ning has not received any objections from any of the noticed
as referred to the Planning Department on or about May 7,
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lit the 1:1aniing D eltment provided comrnents on June 1, 2012 (PR-11-061),
2012 (P1 P‘61..,t d on or about December 18, 2012 (PR-12-061 which
ed appf al wit nditions. Planning's recommendations arelisted as conditions
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4 „tau t.hatotlnsN, hcation was referred to the Public Works Department on August 8,
-vts. ZVI- comments on August 20, 2012.
It is found that this application was referred to the Department of Parks and Recreation on or
-about September 20, 2012 and provided comments. on September 24,.2012,
It is found that this project went to Plat and Street Committee on or about June 12, 2012 and
later received final approval for vacating a portion of NE 28 Street and North Bayshore Drive at
City Commission on July 18, 2012, File Number 12-00652sc.
• It is found that as part of the application to vacate a portion of NE 28 Street and North Bayshore
Drive, a green space referred to as a park would be deed to the City as well as an easement
provided to the City located under the portion of the building elevated 25.1-0" off the ground to
maintain the required View Corridors.
• It is found that this application went to Shoreline Committee on or about August 30th; 2012.
• , It is found that this application went to UDRB on September 19, 2012 and was approved with
one condition.
• It is found that the application has been reviewed and found sufficient pursuant to the
requirements of the 'Vitamin Zoning Code.
CONDITIONS;
Based on the above findings and pursuant to Article 7, Section 7.1.2.5(a) of thelVilaini21 Code, the
subject application is approved with the following - condition subject to the plans and
supplementary materials submitted by the applicantand on file with the Office of Zoning:
1, A tree mitigation plan is required at the time of the.building permit application.
2. Traffic study is required at the time of the building permit application.
3. School concurrency is required prior to the issuance. of the building permit
4, Recorded Unity of Title or Recoded Covenant in lieu of Unity of title is required.
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FINAL DECISION
.1(s)14 • km ber(s). According to the City of Miami parcel map and Miami-
, \ pisa1 m ipsystem, the provided project's address of 538 NE 28th Street
does no 'exist. ihs to cssuanc ,'of any Building Permit proper address and permanent folio
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the right to refer the project for review to the Planning
Ak? Depart 'Rat at the tethe obth f3ui1c1ing permit application.
(?n1p1T i1i tit Urbi: 11110 opulent Review Board (IJDRB) condition for the proposed garage
sc,, n to .40* ructed of a material that is matted in a way which avoids highly
'ed-orTeltlia-.01144tirfaces on the garage, e.g. a matte finish, mesh, etc. Proposed finish to be
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itik„Idv..m,:ttre Urban Design Section of the Planning Department for review and approval
prior to issuance of any Building Permit.
8. •Minimum certified as Silver by the United States Green Building Council Leadership ba Energy
and environmental Design standards or equivalent standards adopted or approved by the City
is required at the time of the building permit application for all new buildings of more than
50;000 square feet of Habitable Space and Habitable Rooms in T6 Transect Zones.
9. Green Area Diagrams and Open 'Space diagrams are required at the time of the building permit
application for review and approval.
10. At the time of the building permit application, the parking lot shall be designed to comply with
the Heat Island Effect of the Miarni21 Code pursuant to Article 3, Section 3.13.2(b)(2).
11., The proposed public open space shall remain accessible to the public, free from any type of
barrier and/or fencing other than the area specified per the plans provided for the dog park. It
is understood that the developer, its assignee, the association and its management, will develop,
maintain, repair, and provide all improvements to the proposed public open space in
p erpetuity.
12. The developer has added six (6) additional floors to the project above the thirty six (36) Stories
allowed by Right, Pursuant to Article 3, Section 3.14.3, the proposed bonus Height and FLR shall
be permitted in exchange for contribution to the City for the following Public Benefits:
affordable/workforce housing, Public Parks and Open Space, Green Buildings, Brownfields, and
Civic Space or Civil Support space.
13. Pursuant to Article 3, Section 3.14,4, the developer has proposed to provide affordable /
workforce housing off -site to meet the required public benefit contribution for the additional
six (6) floors and applicable FLR. The particulars and terms of the proposed
affordable/workforce housing and its location within the City of Miami ("City") must be
approved by the City Manager prior to the City's issuance of any permit including demolition
permits. If the proposed off -site affordable/workforce housing is found not to be sufficient to
meet the requirements of Article 3, Section 3.14.3 as of the date of this review, the developer
shall provide payment for the deficit to the Public Benefits Trust Fund ("Trust Fund") at the
established rate at time of payment.
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FINAL DECISION
Van e will be reviewed when submitted at the time of the building
and iipadd, 4 ds are further finalized.
6, Only th deviatio disc isciq
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d on a full review by the Office of Zoning at time of building
at arise may require a new Waiver.
n this Waiver are approved, Full compliance with all other
NOTICE
The final decision of the Zoning Administrator may be appealed to the Planning, Zoning and
Appeal Board by any aggrieved party, within fifteen (15) days of the date of issuance by filing
a written appeal and appropriate fee with the Office of Hearing Boards, located at 444 SW 211d
Avenue, 3rd Floor, Miami, FL 33130 Telephone number (305) 416-2030.
Signature: Barnaby
Zoning,Odfiiinistrator
Of4e46f Zoning
Date:
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