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Planning Department
ANALYSIS FOR
EXCEPTION
Staff Analysis Report No.
PZ-23-16852
Location
3055 Northeast 4 Avenue
Folio Number
0132300130550
Miami 21 Transect
"T6-36A-L" Urban Core Transect Zone —
Limited
MCNP
Restricted Commercial
Commission District
2 - Damian Pardo
Commissioner District Office
Wynwood/Edgewater
Planner
Darren Murphy, Planner II.
dmurphy@miamigov.com
Property Owner
Metro Tower II, LLC
Project Representative
Steven Wernick, Esq.
A. REQUEST
Pursuant to Article 4, Table 4 and Article 7, Sections 7.1.2.6, 7.1.2.5, and 7.1.2.5.a.29 of
Ordinance 13114 ("Miami 21 Code"), as amended, Steven Wernick, Esq., on the behalf of Metro
Tower II, LLC, (the "Applicant") requests an Exception and four (4) subordinate Waivers for new
construction (the "Project") generally located at 3055 Northeast 4 Avenue, Miami, Florida (the
"Property").
1. Exception, with City Commission approval, to allow a 30% parking reduction in the total
number of required parking spaces for a project located within a Transit Corridor Area
pursuant to Miami 21, Article 4, Table 4.
2. Waiver to permit parking to extend into the Second Layer on a Secondary Frontage
beyond fifty percent (50%) of the length of the Pedestal above the first Story pursuant to
Miami 21, Article 5, Section 5.6.4.e.i.
3. Waiver to permit a 10% reduction in the minimum required Setback along a
Principal/Secondary Frontage above the 8th Story pursuant to Miami 21, Article 7,
Section 7.1.2.5.a.29.
4. Waiver to permit for a 10% increase in the maximum allowed balcony encroachment
above the 8th Story when additional Setbacks are required pursuant to Miami 21, Article
7, Section 7.1.2.5.a.29.
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5. Waiver for a 10% increase to the Dwelling Unit threshold for Residential Loading Berth
requirements pursuant to Article 7, Section 7.1.2.5.a.29.
B. RECOMMENDATION
Pursuant to Article 7, Sections 7.1.2.5 and 7.1.2.6 of the Miami 21 Code, as amended, the
Planning Department recommends Approval with Conditions of the based upon the facts and
findings in this staff report.
Figure 1: Aerial
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C. PROJECT DATA.
The Property's Abutting properties are comprised of Commercial and Residential Uses with a
Density of 150 du per acre.
Miami 21 Code
MCNP / Density
Existing Use
North
"T6-36A-L" Urban Core
Transect Zone — Limited
"T6-36A-O" Urban Core
Transect Zone — Open
Restricted Commercial /
150 du per acre
Vacant
Sales and Services
South
"T6-36A-L" Urban Core
Transect Zone — Limited
Restricted Commercial /
150 du per acre
Multi -Family Low Density
East
"T6-36A-L" Urban Core
Transect Zone — Limited
Restricted Commercial /
150 du per acre
Multi -Family High -Density
West
"T6-36A-L" Urban Core
Transect Zone — Limited
T6-36A-O" Urban Core
Transect Zone — Open
Restricted Commercial /
150 du per acre
Sales and Services
Table 1: Surrounding Uses: Transect Zone, Future Land Use, and Existing Uses
D. BACKGROUND
Project
The Applicant is proposing a twenty-eight (28) Story mixed -use project that includes ground
floor Commercial, Office, Lodging, and Residential Uses at the Property which is approximately
31,909 square feet of 0.73 acres.
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E. ANALYSIS
Exception
Exception, with City Commission approval, for a 30% parking reduction in the total number of
required parking spaces for a project located within a Transit Corridor Area pursuant to Miami
21, Article 4, Table 4.
Criteria 1: The application shall be reviewed for compliance with the regulations of this Code...
Analysis 1: Miami 21, Article 2, Section 2.1.2.b.2, "Rebuilding the City's commercial Corridors to
function as Mixed -Use, transit -oriented, walkable centers for adjacent Residential
Neighborhoods."
The Property is located within 0.25-mile of a Transit Corridor. A Miami -Dade County bus stop is
located within a %2 mile 15-minute walk. As such, the request meets the requirement as set
forth in Article 4, Table 4. The overall intent is to encourage High Density Mixed -Used
developments to be located within City -designated Transit Corridors which provide residents
with multimodal transit options.
Finding 1: Complies.
Criteria 2: The review shall consider the manner in which the proposed Use will operate given
its specific location and proximity to less intense Uses...
Analysis 2: The Project is proposing 210 parking spaces where 300 are required. The proposed
reduction will not have a negative impact on the surrounding Sales and Services and Multi -
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Family High Density Residential Uses as the Project is located within a Quarter Mile radius of a
Transit Corridor and is served by Miami -Dade County bus routes Nos. 3, 9, 10, 16, 93, and 95.
Findings 2: Complies
Criteria 3: Article 4, Table 12 — Building Function & Density
• Calibrate Density, Intensity, and Uses to facilitate walkability and promote transit use.
Analysis 3: Located in the Urban Core Transect Zone and Quarter Mile radius of a Transit
Corridor, the proposed parking reduction facilitates walkability and promotes transit use for
those who do not have personal transportation.
Findings 3: Complies
Waiver-
1. Waiver to permit parking to extend into the Second Layer on a Secondary Frontage beyond
fifty percent (50%) of the length of the Pedestal above the first Story pursuant to Miami 21,
Article 5, Section 5.6.4.e.i.
Criteria 1: Article 4, Table 12 - Architectural Standards
• Design all Building Elevations visible from the public realm with architectural elements
and materials that complement the Principal Building Facade to create a cohesive
architectural composition.
Analysis 1: Per Miami 21, the Applicant's request requires an art of glass treatment of a design
approved by the Planning Director. The Project incorporates Office Use within the Pedestal and
uses glass and other features that are consistent with those elements on the Principal Building
Facade.
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Findings 1: Complies
2. Waiver to permit a 10% reduction in the minimum required Setback along a
Principal/Secondary Frontage above the 8th Story pursuant to Miami 21, Article 7, Section
7.1.2.5.a.29.
Criteria 1: Article 4, Table 12 - Building Configuration
• Ensure the scale and mass of Buildings and Building additions reinforce and enhance
the existing streetscape and Neighborhood character.
Analysis 1: The request for a reduction in the minimum required Setback will not have a
negative impact on the character of the Edgewater Neighborhood as the Building is compatible
with the scaling and massing of the new construction in the immediate vicinity.
Findings 1: Complies
3. Waiver to permit for a 10% increase in the maximum allowed balcony encroachment above
the 8th Story when additional Setbacks are required pursuant to Miami 21, Article 7, Section
7.1.2.5.a.29.
Criteria 1: Article 4, Table 12 - Building Configuration
• Ensure the scale and mass of Buildings and Building additions reinforce and enhance
the existing streetscape and Neighborhood character.
Analysis 1: The Applicant's request for a 10% increase in the maximum allowed balcony
encroachment is will have no impact on the scale and massing of the Building no the character
of the Edgewater Neighborhood.
Findings 1:
4. Waiver for a 10% increase to the Dwelling Unit threshold for Residential Loading Berth
requirements pursuant to Article 7, Section 7.1.2.5.a.29.
Criteria 1: Article 4, Table 12 - Parking Standards
• Minimize the impact of Parking and Loading on the public realm and adjacent properties.
Analysis 1: The Project proposes 103 multi -family dwelling units, which, as specified in Article
4, Table 5 of Miami 21, requires two (2) loading berths. The Applicant is requesting an
Staff Analysis Report No. PZ-23-16852: 3055 NE 4 AV -Exception — Page 6 of 15
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adjustment to the threshold standard for additional loading berths for Residential Use.
Specifically, the first 110 dwelling units would trigger one (1) dwelling unit standard. The Project
includes loading provisions: two (2) medium berths and two (2) small berths based on the mix of
uses. The reduction in loading aligns with Article 4, Table 12, reflecting the proposed urban
setting and promoting pedestrian safety.
Findings 1: Complies
F. FINDINGS
• The Property has a FLU designation of Restricted Commercial and is located within the
"T6-36A-L" Urban Core Transect Zone — Limited.
• On May 25, 2017, pursuant to City Commission Resolution No. R-17-0257, the Miami
City Commission approved the closure, vacation, abandonment, and discontinuation for
public use a portion of a public alley located along the east side of Northeast Avenue
between Northeast 30 Terrace and Northeast 31 Street.
• On May 15, 2022, a Covenant in Lieu of Unity of Title ("CIL") was recorded with the
Miami -Dade County Recorder's Office.
• The CIL unified the parcels located at 430, 440, and 452 Northeast 31 Street, 433, 445,
and 449 Northeast 30 Terrace, and 3031 and 3055 Northeast 4 Avenue.
• The Project is one of three (3) towers that is to be developed on a unified site that is
approximately 82,645 square feet.
• The Project is approximately 350,106 square feet.
• The Project is to be developed as a twenty-eight (28) story Mixed -Use project consisting
of 103 Multi -Family dwelling units, 60 Lodging units, 36,134 square feet of Office, and
9,745 square feet of ground floor Commercial space.
• The Project will have 220 parking spaces, which includes seven (7) Handicap parking
spaces and two (2) bicycle racks with 30 bicycle spaces.
• Pursuant to Miami 21, the Property is a qualified receiving site under the Affordable
Housing Transfer of Development Density program and acquired 137 dwelling units
through a Certificate of Transfer.
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• The Property is located within a Transit Corridor and eligible for a 30 percent (30%)
parking reduction in the total number of required parking spaces pursuant to Article 4,
Table 4 of the Miami 21 Code by Exception with City Commission approval.
• On May 7, 2024, the Project was reviewed by the Coordinated Review Committee where
the Applicant was provided comments and recommendations from internal and external
review groups.
• On April 17, 2024, the Project was reviewed by the Urban Development Review Board
and, pursuant to UDRB Resolution UDRB-R-24-010, recommended approval with
conditions to the Planning Director.
G. CONCLUSION
The request for an Exception for a parking reduction by percent 30 percent (30%) and four (4)
subordinate Waivers aligns with the goals and objectives of the MCNP and the purpose and
intent of the Miami 21 Code.
Pursuant to Article 7, Sections 7.1.2.6 and 7.1.2.5 of the Miami 21 Code, the Planning
Department recommends Approval with Conditions of the Exception and four (4)
subordinated Waivers as presented with the following conditions:
H. CONDITIONS
1 The Project shall be developed in accordance with the plans and supporting documents
bearing the ePlan Stamp for the Exception PZ-23-16852.
2. At time of building permit, the Applicant shall provide a letter from the Miami Parking
authority indicating the number of on street parking spaces which are directly adjacent to
the site, and which are available for use by the Project.
3. The Application shall comply with the conditions set forth in Waiver, PZ-19-3890.
4. Prior to the issuance of a building permit, the Applicant shall provide a Trip generation
memorandum to the Resilience and Public Works Department for analysis and
determination of level of traffic data analysis needed.
5. Prior to the issuance of a building permit, the Applicant shall provide the professional
landscape preparer's certificate.
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6. The Applicant shall ensure the FDC is concealed behind a Street screen, per Section
5.6.2.(i).
7 Pursuant to Miami 21 Code, Section 7.1.2.6.e, "An Exception shall be valid for a period
of two (2) years during which a building permit or Certificate of Use must be obtained.
This excludes a demolition or landscape permit. A one (1) time extension, for a period
not to exceed an additional year, may be obtained upon approval by the Planning
Director."
8. The City reserves the right to inspect the site to ensure compliance with the conditions
as listed.
9. Failure to comply with the conditions herein may result in the immediate revocation of
this Exception and shall be subject to any fines and penalties pursuant to the City Code.
DocuSigned by:
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David Snow
Interim Planning Director
.- DocuSigned by:
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Sevanne Steiner, CNU-A
Assistant Planning Director
DocuSigned by:
Darren Murphy
Planner II
Staff Analysis Report No. PZ-23-16852: 3055 NE 4 AV -Exception — Page 9 of 15
6/25/2024
MIAMI 21 ATLAS (EXISTING)
EPLAN ID: PZ-213-16852
EXCEPTION
ADDRESS(ES): XXXXXXXXXX
0 140 280 560 Feet
1 1 1 1 1 1 1 1 1
BISCAYNE BLVD
NE 5TH AV
w
z
NE 31ST ST
T6-36A-L
NE 30TH TER
NE 30TH ST
NE 29TH TER
AERIAL
EPLAN ID: PZ-23-16852
EXCEPTION
ADDRESS: 3055 NE 4 AVE
0
1
135
270
1
540 Feet
1
EMIT I