HomeMy WebLinkAboutAnalysisANALYSIS FOR SPECIAL APPEARANCE
FILE ID:
APPLICANT:
PROJECT NAME:
PROJECT ADDRESS:
TRANSECT ZONE:
FOLIO NUMBER:
COMMISION DISTRICT:
NET OFFICE:
15-01028ww
Iris Escarra, Esquire on behalf of Miami Bay Trust, LLC
Miami Bay Club (aka, Milton Miami Bay Club)
601 NE 39 Street
T4 -R "General Urban" Transect Zone
01-3219-011-0040
District 2, Commissioner, Marc Sarnoff
Upper Eastside
SUBJECT: APPROVAL OF A SPECIAL APPEARANCE, PURSUANT TO MIAMI
CITY CHARTER 3mm iii AND MIAMI 21 CODE ARTICLE 3, SECTION
3.11, TO ALLOW MODIFICATION TO ELIMINATE PUBLIC ACCESS TO
THE PORTION OF THE BISCAYNE BAY WATERFRONT THAT WILL
EXIST WITHIN THE MIAMI BAY CLUB'S PROPERTY.
The Miami Bay Club project encompasses three lots referred to as Tracts A, B, and C.
The subject site, Tract A, is located approximately at 601 NE 39 Street, which is a
parcel of approximately 2.29 acres. The waterfront property borders a single-family
residential community called Bay Point to the north, Albert Pallot Park (aka Magnolia
Park) to the south, a vacant lot to the west, and Biscayne Bay on the east.
On June 8, 2007 a Class II Special Permit (Class II), under No. 2007-0110, was
approved pursuant to Article 9, Sections 903, 908, 923, and Article 15, Sections
1511 and 1512 of Ordinance 11000, as amended, the Zoning Ordinance of the City of
Miami, Florida for Tracts A and B. Tract A is located at 601 NE 39 Street and Tract B is
located at 3850 NE 6 Avenue. The Class II Special Permit allowed construction of a
residential building of approximately 50 feet in height containing about 113,295 square
feet of floor area with 149 units and 175 parking spaces of which 172 lodged
underground on Tract A and on Tract B the construction of a residential building also of
approximately 50 feet in height possessing about 31,660 square feet of floor area with
forty-two (42) units and forth -seven (47) underground parking spaces. The Class II
approval is per plans on file and Tract A provided a private Baywalk with public access.
The Baywalk was designed in accordance with the City of Miami Charter's
Baywalk/Riverwalk design standards and guidelines, which promotes as one of its
primary general principles that Baywalks are public and fully accessible.
City Commission Documentation
Meeting Date: September 24, 2015
Special Appearance: Miami Bay Club
Page 2
Several characteristics of the development sites triggered Class II Special Permit
approval, which are as follows -
1 .
ollows:
1. Section 1511 required approval of a Class II to allow development between
Biscayne Bay and first dedicated right of way;
2. Section 1512 permitted waiver of all City of Miami Design Standards and
Guidelines by Class II;
3. Section 903.1 mandated a Class II where a project is designed as a single site
and it occupies lots divided by street or alley;
4. Section 908.9 required a Class 11 for all development in waterfront yards; and
5. Section 923 allowed reduction of two of the three loading berth stalls by Class 11.
After the June 2007 Class II approval, the applicant obtained an assortment of
approvals processed to maintain the development rights acquired under Class II 2007-
0110, which consist as follows:
On November 2, 2007 a two (2) year extension of the approved June 8, 2007 Class II
Special Permit number 2007-0110 was granted by Class II until June 8, 2009.
On February 2, 2009 a new Class II Special Permit, No. 2009-0023, was approved that
matched the Tracts A and B of the Miami Bay Club approval under Class II Special
Permit 2007-0110.
On January 15, 2010 a two (2) year extension of the approved February 2, 2009 Class
II was approved through the Class II Special Permit process.
On November 19, 2010 the applicant submitted the Notification Form — Extension of a
Board Order Pursuant to the State of Florida 2010 Jobs Bill, Senate Bill 1752, to extend
the Class II Special Permit 2009-0023 approval, which would have expired on February
12, 2011 by two years until February 12, 2013. Similarly, on August 8, 2011, the
applicant submitted Notification Form — Extension of a Planning Department Issued
Development Order pursuant to The State of Florida 2011 "Community Planning Act",
House Bill 7207, to extend the Class II Special Permit 2009-0023 approval, which would
have expired on February 12, 2013 under SB 1752, by two years until February 12,
2015.
On September 25, 2013 a Waiver Permit No. 2013-0057 was approved through the
Office of Zoning under Miami 21 Code with conditions pertaining to the project called
Milton Miami Bay Club located on Tract C at approximately 531 NE 39 Street. The
project encompassed a three story residential building containing eighteen (18) units
requiring thirty-one (31) parking spaces and providing forty-one (41) underground
parking spaces.
The Waiver Permit was issued pursuant to Article 4, Section 5.4.2 (e), to allow loading
and service entries access from Principal Frontage and pursuant to Article 7, Section
7.1.12.5 (4) and Article 3, Section 3.6.3 (k), to allow for shared access for adjoining
Lots, which in the case involved Tracts A and C.
City Commission Documentation
Meeting Date: September 24, 2015
Special Appearance: Miami Bay Club
Page 3
The Waiver approval included three conditions which must be met prior to the issuance
of any building permit and are as follows -
1 .
ollows:
1. A tree removal permit shall be obtained prior to the removal of any existing tree
(s);
2. A Covenant shall be required to be approved by the City of Miami Office of
Zoning prior to the issuance of any building permit on the property in accordance
with Section 3.6.3 (k); and
3. Plans must show that paving and roofing materials fully comply with the
reflectance criteria of the Heat Island Effect found in Article 3, Section 3.13,
Sustainability of the Miami 21 Code.
The proposed development site consisting of Tracts A, B, C, which will contain buildings
A, B, and C, is presently in construction stage and the conditions of the Waiver Permit
have been met.
The proposal before the Commission is a Special Appearance application that involves
modification of the waterfront access along Biscayne Bay to allow closure of the public
access of the Miami Bay Club's Baywalk situated along the rear of the property,
pursuant to the Miami City Charter Section 3mm iii and the Miami 21 Code Article 3,
Section 3.11.
As earlier established, the proposed development site is a waterfront property that
originally applied to Tract A. However, with subsequent extensions, approvals, and
modifications, the site came to include Tract C. At the rear of the site, the applicant has
proposed a Baywalk area of approximately 229.44 linear feet that met the Miami City
Charer Baywalk/Riverwalk design standards and guidelines that existed at the time of
Ordinance 11000. The principal structure is setback approximately fifty (50) feet from
the outer edge of the seawall with an eight (8) feet wide circulation zone supplemented
with transition, passive, and safety zones.
The applicant believes the unique nature of the site merits closure of the public access
of the Baywalk. The project's site presents physical restrictions related to its lack of
connectivity and potential Baywalk development. The north side of the property
terminates at a single-family community called Bay Point, which under previous and
current Code regulations does not require a Baywalk. Therefore, except the single-
family residentially zoned properties to the north experience a substantial change of its
urban character fueled by zoning change and Future Land Use Map amendment that
generates a Baywalk requirement upon new development, the prospects of a northward
connecting Baywalk seems improbable anytime in the near future.
Additionally, the site abuts Albert Pallot Park (aka Magnolia Park) to the south. The park
possesses a prevalent grade difference with the subject site that could incite costly
improvements to establish a continuous Baywalk along the park's waterfront to where it
City Commission Documentation
Meeting Date: September 24, 2015
Special Appearance: Miami Bay Club
Page 4
terminates at Interstate 195 west ramp. Moreover, properties located south of the 1-195
presently do not offer any Baywalk connections and the 1-195 barrier stifles prospect of
a waterfront connection from the south over to the north of 1-195. Thus, the site's
physical limitations related to its Baywalk lack of connectivity and potential waterfront
development characterizes weaknesses that support the applicant's desired closure of
public access of the site's waterfront area. The applicant states also that due to the
abutting properties constraint public access would not further the objectives of the City
Charter or the Article 3, Section 3.11 of the Miami 21 Code. The limited Baywalk would
not adequately provide linear open space for the public to walk and ride bicycles.
However as a Public Benefit contribution to be used toward future projects, the
applicant has proffered to contribute at least $2,500,000 toward improvements of Albert
Pallot Park pursuant to Article 3, Section 3.14 of the Miami 21 Code. The park's
improvements would involve the construction of a seawall with possibly a kayak launch
and other park amenities to be negotiated with the surrounding community and the City
of Miami's Parks and Recreations Department.
Currently, Albert Pallot Park functions as a passive park containing minimal amenities,
which includes a shelter and benches with a natural shoreline of approximately 447
linear feet. The construction of the seawall invites an excellent opportunity to
orchestrate the park's waterfront improvements with Miami Bay Club's waterfront area.
The Miami Bay Club's site will provide a waterfront of about 229.44 linear feet joined
with the park's waterfront would facilitate a potential Baywalk area of nearly 676 linear
feet. The establishment of the Baywalk would significantly enhance the park and enrich
the surround community creating a beneficial public/private pedestrian amenity.
Additionally, the Miami Comprehensive Neighborhood Plan (Plan) compels the
construction of Baywalk and Riverwalk throughout the City as a policy objective of the
municipality. Wherein, the Plan's Policy PR -3.2.1 promotes that the City continues to
work to complete the Baywalk so it encompasses as much of the Biscayne Bay
waterfront as possible. The development of the park's and project's Baywalk areas
constitute a step toward achievement of this policy's goal. Furthermore, by the applicant
providing amenities such kayak and canoe launches within the site's and park's
waterfronts also accomplishes the Plan's Policy PR -3.2.5 objective that the City
continues to expand launch areas for personal and rental kayaks/canoes and other
boating programs at parks on Biscayne Bay. Consequently, even though physical
constraints exist that impede a Baywalk connectivity beyond and between the Miami
Bay Club's and Albert Pallot Park's sites, the construction of the Baywalk fulfills the
City's policy objective of a continued Baywalk expansion along Biscayne Bay promoting
an open and public waterfront designation.
Conversely, the applicant further contends that an open and public Baywalk propagate
an unsafe environment for the area. The applicant cites a City of Miami Police Trend
Report of criminal activities. The report documents ninety-two (92) crimes occurred
within a one (1) mile radius of the development site that primarily involved theft, larceny,
vehicle break-ins, and vandalism that occurred within last two (2) years. Thus, the
applicant touts the public closure of the Baywalk will mitigate potential criminal activity
City Commission Documentation
Meeting Date: September 24, 2015
Special Appearance: Miami Bay Club
Page 5
enticed by a secluded waterfront providing direct access to the Miami Bay Club
residential community and access to the residential community to the north.
Contrary to the applicant's assertion, the development of the area will curtail criminal
activities. The introduction of vibrant residential community containing 209 units into a
dead end poorly lit area will drastically change the area's urban context. The residential
development will fuel an influx of population producing a safer environment providing
eyes -on -street actively and passively observing public undertakings. With the
development of the area, the sites will bring valuable infrastructure providing well -lit
pedestrian paths with access to the Baywalk and park. A properly illuminated waterfront
and park coupled with the park's amenities will stimulate public use discouraging
vagrancy that can influence criminal behaviors. The new infrastructure also will deliver
visual and physical access of the waterfront area meeting the Plan's Policy PR -3.2.3
that mandates the City incorporate provisions for public physical and/or visual access to
the shoreline in its waterfront zoning regulations. Therefore, the public restriction of
Baywalk physical and visual access of Miami Bay Club's waterfront does not
correspond with the City's Neighborhood Plan to encourage waterfront zoning
regulation of physical and visual access of its shoreline.
With the adoption of the Miami 21 Code, the project's site experienced a zoning change
from R-3 "Multifamily Medium -Density Residential" under Ordinance 11000 to T4 -R
"General Urban Transect Zone — Restricted" under Miami 21 Code. The approved
Miami Bay Club development plan would not be allowed under the current Code. Most
notable, the project's buildings on Tracts A and B exceed the maximum allowed density
and height. R-3 allowed a maximum density of sixty-five (65) units per acre and a
maximum height of fifty (50) feet. Whereas, T4 -R allows a maximum density of thirty-six
(36) units per acre and a maximum of three (3) stories that shall not exceed forty (40)
feet in height. And within T4 -R, pursuant to Article 3, Section 3.11 (b) (1), Waterfront
Walkways Design Standards, waterfront walkways are not required unless the site is a
New Commercial retail, Office, or restaurant Use. Even though the Miami Bay Club
project was not approved with any of mentioned uses located within the Tract A's
building, the applicant is obligated to maintain the approved Baywalk providing full
public access. The applicant desires to maintain the invest rights the approved 11000
Class II Special Permit Plan with greater density, height, and denotes a private
waterfront walkway allotting unimpeded public access The requested closure of public
access to the Baywalk represents a substantial change of the approved 11000 site pan
and the closure would constitute direct contradiction of the previous and current
Baywalk/Riverway general principle of a public access waterfront walkways.
Last, pursuant to the City Charter Section 3mm iii, and Article 3, Section 3.11 of the
Miami 21 Code, the City Commission may grant modifications of waterfront standards if
the Commission determines that the modification requested provide public benefits such
as direct public access, public walkways, plaza dedications, covered parking benefits up
to the flood plain level, or comparable benefits which promotes a better urban
environment and public advantage, or which preserve natural features. The applicant
has proffered a Public Benefit contribution of at least $2,500,000 to implement site
improvements for Albert Pallot Park. The approved Class II of Miami Bay Club provides
a sidewalk along the south side of the Tract A that allots visual and physical access to
City Commission Documentation
Meeting Date: September 24, 2015
Special Appearance: Miami Bay Club
Page 6
the Biscayne Bay from NE 39 Street and NE 6 Avenue allowing public access to the
park's waterfront. The developer also has placed essentially all of parking spaces
underground.
Even though the applicant has provided some level of public benefits, what is
contributed does not balance the loss of public access of the Baywalk. Therefore, the
request closure of the public access to the Baywalk exemplifies an adverse effect to the
area.
By motion, denial of Special Appearance to allow closure of the Baywalk public access
of the waterfront walkway along the rear of the Miami Bay Club development project
that encompasses Tract A and C, pursuant to Miami City Charter 3mm iii and based on
findings of Miami 21 Code Section 3.11.
• Report prepared by: Derrick Cook, Planner II