HomeMy WebLinkAboutAnalysis & MapsANALYSIS FOR
MAJOR USE SPECIAL PERMIT
APPLICANT: Edward Martos, Esq., on behalf of Midtown Opportunities VB, LLC & Midtown
Opportunities IVR, LLC
PROJECT ADDRESS: 3101 and 3001 NE 1 Ave ZIP: 33137
NET OFFICE: Wynwood/Edgewater HEARING DATE: 1/18/17
COMMISION DISTRICT: District 2 FILE ID: 1537
A. GENERAL INFORMATION:
REQUEST: Pursuant to Appendix C, Section 627.1.3 of Ordinance 13114, as amended,
the applicant is requesting a Major Use Special Permit (MUSP) to allow for the
construction of a single building with more than four hundred dwelling units. This project,
located at 3101 NE 1 Avenue, is called Midtown 6. The applicant is also requesting the
following:
1) A Class II Special Permit, pursuant to Appendix C, Section 627.1.3.1, for new
construction within SD 27.1. This project, located at 3001 NE 1 Avenue, is called
Midtown 7;
2) Two Class If Special Permits, pursuant to Appendix C, Section 627.1.17.3, to
provide tandem loading berths for both Midtown 6 and Midtown 7;
3) Two Class II Special Permits, pursuant to Appendix C, Section 627.1.17.3, to
allow for the maneuvering of trucks within the public right of way for the purpose
of off-street loading for both Midtown 6 and Midtown 7; and
4) A height increase of up to 10 percent, allowed as a non -substantial
amendment pursuant to Appendix C, Section 627.1.6.4(b), subject to the approval
of the Director of Planning for both Midtown 6 and Midtown 7.
The "subject site" is comprised of two parcels, totaling 6.34 acres. Midtown 6 is 3.38 acres
in size (147,525 sf) and Midtown 7 is 2.96 acres in size (128,991 sf). The properties are
Tract D and Tract C respectively of Midtown Miami East, according to the plat thereof, as
recorded in Plat Book 161, at page 77, of the Public Records of Miami -Dade County
(Complete legal description is on file with the Hearing Boards Section).
FOLIOS: 01-3125-077-0030 and 01-3125-077-0040
File ID: 1537
Page 1 of 6
City Of Miami
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Planning and Zoning Department
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Land Development Section
ANALYSIS FOR
MAJOR USE SPECIAL PERMIT
APPLICANT: Edward Martos, Esq., on behalf of Midtown Opportunities VB, LLC & Midtown
Opportunities IVR, LLC
PROJECT ADDRESS: 3101 and 3001 NE 1 Ave ZIP: 33137
NET OFFICE: Wynwood/Edgewater HEARING DATE: 1/18/17
COMMISION DISTRICT: District 2 FILE ID: 1537
A. GENERAL INFORMATION:
REQUEST: Pursuant to Appendix C, Section 627.1.3 of Ordinance 13114, as amended,
the applicant is requesting a Major Use Special Permit (MUSP) to allow for the
construction of a single building with more than four hundred dwelling units. This project,
located at 3101 NE 1 Avenue, is called Midtown 6. The applicant is also requesting the
following:
1) A Class II Special Permit, pursuant to Appendix C, Section 627.1.3.1, for new
construction within SD 27.1. This project, located at 3001 NE 1 Avenue, is called
Midtown 7;
2) Two Class If Special Permits, pursuant to Appendix C, Section 627.1.17.3, to
provide tandem loading berths for both Midtown 6 and Midtown 7;
3) Two Class II Special Permits, pursuant to Appendix C, Section 627.1.17.3, to
allow for the maneuvering of trucks within the public right of way for the purpose
of off-street loading for both Midtown 6 and Midtown 7; and
4) A height increase of up to 10 percent, allowed as a non -substantial
amendment pursuant to Appendix C, Section 627.1.6.4(b), subject to the approval
of the Director of Planning for both Midtown 6 and Midtown 7.
The "subject site" is comprised of two parcels, totaling 6.34 acres. Midtown 6 is 3.38 acres
in size (147,525 sf) and Midtown 7 is 2.96 acres in size (128,991 sf). The properties are
Tract D and Tract C respectively of Midtown Miami East, according to the plat thereof, as
recorded in Plat Book 161, at page 77, of the Public Records of Miami -Dade County
(Complete legal description is on file with the Hearing Boards Section).
FOLIOS: 01-3125-077-0030 and 01-3125-077-0040
File ID: 1537
Page 1 of 6
B. BACKGROUND:
In the context of Miami 21, Major Use Special Permits are typically existing entitlements
that may be built as is, or modified through the public hearing process. The modification
of an existing MUSP may occur through the Exception process, pursuant to the provisions
of Miami 21 Article 7, Section 7.1.3.5.
With the adoption of Miami 21, nearly all of the provisions of the Zoning Ordinance 11000
were dispensed with. However, in the case of Miami's Midtown Overlay District, the
provisions of 11000 are retained. Article 2, Section 2.2.1.1 of Miami 21 states:
This Code replaces the Zoning Ordinance for the City of Miami, also known as
Ordinance 11000 except that Section 627, "SD -27 Midtown Special District" is
hereby retained and incorporated as Appendix C hereto and all provisions of
Ordinance 11000 referred to in Section 627 shall be applied to Midtown Special
District, providing however that within the SD -27 Special District the Planning,
Zoning and Appeals Board and procedures related to appeals thereto set out by
this Miami 21 Code shall replace the Zoning Board and procedures related to
appeals thereto in Ordinance 11000.
Therefore, development within SD -27 is governed by Appendix C of Miami 21, and the
applicable provisions from Ordinance 11000. SD -27 mandates that all buildings with more
than 400 residential units obtain a Major Use Special Permit, a threshold triggered by
Midtown 6.
C. COMPREHENSIVE PLAN:
The subject property is designated "Restricted Commercial" which allows residential uses
(except rescue missions) to a maximum density equivalent to "High Density Multifamily
Residential" subject to the same limiting conditions and a finding by the Planning Director
that the proposed site's proximity to other residentially zoned property makes it a logical
extension or continuation of existing residential development and that adequate services
and amenities exist in the adjacent area to accommodate the needs of potential residents;
transitory residential facilities such as hotels and motels. This category also allows general
office use; clinics and laboratories, auditoriums, libraries, convention facilities, places of
worship, and primary and secondary schools. Also allowed are commercial activities that
generally serve the daily retailing and service needs of the public, typically requiring easy
access by personal auto, and often located along arterial or collector roadways, which
include: general retailing, personal and professional services, real estate, banking and
other financial services, restaurants, saloons and cafes, general entertainment facilities,
private clubs and recreation facilities, major sports and exhibition or entertainment facilities
and other commercial activities whose scale and land use impacts are similar in nature to
those uses described above. This category also includes commercial marinas and living
quarters on vessels as permissible.
The nonresidential portions of developments within areas designated as "Restricted
Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the
subject property; such FLR may be increased upon compliance with the detailed
provisions of the applicable land development regulations; however, may not exceed a
total FLR of 11.0 times the net lot area of the subject property. Properties designated as
"Restricted Commercial" in the Edgewater Area allow a maximum floor lot ratio (FLR) of
File ID: 1537
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17.0 times the net lot area of the subject property. Properties designated as "Restricted
Commercial" in the Urban Central Business District and Buena Vista Yards Regional
Activity Center allow a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the
subject property.
All such uses and mixes of uses shall be subject to the detailed provisions of the applicable
land development regulations and the maintenance of required levels of service for
facilities and services included in the City's adopted concurrency management
requirements.
Nonresidential floor area is the floor area that supports nonresidential uses within the
inside perimeter of the outside walls of the building including hallways, stairs, closets,
thickness of walls, columns and other features, and parking and loading areas, and
excluding only open air corridors, porches, balconies and roof areas. "Cl".
D. NEIGHBORHOOD CHARACTERISTICS:
ZONING
Subject Property
FUTURE LAND USE DESIGNATION
T6 -24A-0 (Urban Center Transect Zone)
(With SD -27.1 Overlay)
Surrounding Properties
NORTH:
SOUTH:
EAST:
WEST:
E. ANALYSIS:
Restricted Commercial
Maximum 150 D.U. per acre
T6 -24A-0 (Urban Center Transect Zone) Restricted Commercial
(With SD -27.1 Overlay) Maximum 150 D.U. per acre
T6 -24A-0 (Urban Center Transect Zone) Restricted Commercial
(With SD -27.1 Overlay) Maximum 150 D.U. per acre
T6 -24A-0 (Urban Center Transect Zone) Restricted Commercial
Maximum 150 D.U. per acre
T6 -24A-0 ( Urban Center Transect Zone) Restricted Commercial
(With SD -27.2 Overlay) Maximum 150 D.U. per acre
The following is a review of the request pursuant to the Major Use Special Permit criteria in
11000 and review criteria of Appendix C of Miami 21. The Background section of this report
is hereby incorporated into the analysis and its corresponding criteria by reference:
Criteria for assessment
Criteria: Pursuant to Article 17, Section 1702.2.2(a) of Ordinance 11000, the design and
development plan shall demonstrate functional internal relationships within the
area to be encompassed and in particular the relationships of the concept plan to
surrounding existing and proposed uses, activities, systems, and facilities
File ID: 1537
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(transportation, recreation, view corridors, pedestrian systems, service systems,
and similar uses).
Analysis: The planning department has assessed the proposed project's impact on the
surrounding existing and proposed uses. The proposed development is found to
be contextually appropriate with respect to its own proposed uses and scale.
Projects within SD -27.1 draw from a shared pool of Floor Area Ratio (FAR) and
residential units, and the design of Midtown 6 and Midtown 7 is respectful of those
existing maximums. SD -27.1 also prescribes certain uses and treatments for
building facades fronting certain rights-of-way, and the both projects have been
designed with compliant uses along those frontages.
Additional contextual scrutiny has been provided by review, and approval with
conditions, from the Urban Development Review Board.
Finding: Complies
Criteria: Pursuant to Article 17, Section 1702.2.2(b) of Ordinance 11000, as a part of the
supporting data and material for the design and development plan, the applicant
shall demonstrate how the concept affects existing zoning and adopted
comprehensive plan principles and designations and whether any changes are
required in the existing zoning and comprehensive plan. In addition, such materials
shall demonstrate any relationships to any special permits, variances, or special
exceptions from this zoning ordinance or other special exemptions from City
regulations that are required in order to construct the development for which the
Major Use Special Permit is requested. No separate application for variances
and/or special permits shall be required so long as the applicant provides adequate
supporting data demonstrating incorporation of any recommendations of the
zoning administrator and/or Planning Director. However, separate application shall
be made for any required comprehensive plan amendments and zoning changes.
Analysis: Staff notes that a zoning change or comprehensive plan amendment will not be
required.
Finding: Complies
Criteria: Pursuant to Article 17, Section 1702.2.2(d) of Ordinance 11000, any additional
information to aid in determining whether or not the proposed development meets
the requirements of this zoning ordinance, and such information shall be provided
before further processing proceeds.
Analysis: Staff has found the applicant's submittal to be sufficient for review and procedure
to public hearing. The Urban Development Review Board requested that the
applicant provide enhanced contextual massing diagrams, which have been
included in the public hearing set.
Finding: Complies
Criteria: Pursuant to Article 17, Section 1702.2.2(d) of Ordinance 11000, design
development plans which consist of a minimum of:
(1) Site Plan(s)
File ID: 1537
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(2) Landscaping Plan(s)
(3) Floor Plan(s)
(4) Elevations
(5) Two Cross -Sections minimum, one in each direction.
(6) Context Plan consisting of three-dimensional rendering(s) and/or
model of the proposed project shown to scale and within the context of
the existing neighborhood for a three block radius. These shall include
existing structure and proposed projects within the area.
Analysis: Staff finds all the required elements of the design development plans have been
provided, with the exception of required cross-sections.
Finding: Complies, with the satisfaction of condition number 4 below.
Criteria for public hearing
Criteria: Pursuant to Article 17, Section 1702.2.3 of Ordinance 11000, the applicant will
provide a development impact study which shall demonstrate whether the impact
of the proposed development is favorable, adverse, or neutral on the economy,
public services, environment, and housing supply of the city.
Analysis: Staff has assessed the proposed development based on required concurrency
analyses, and found no adverse impact to those services. Additionally, the
applicant's economic impact study has shown the development will create 185 jobs
during the construction period and 31 annual recurring jobs thereafter, generating
$23,513,490 and $2,358,396 in wages respectively.
The Economic Impact Study and Traffic study are included in backup
documentation. Environmental impact will be assessed and mitigated by Miami
Dade County's Division of Environmental Resources Management. The City's
concurrency analysis has shown no adverse impact to public services.
Finding: Complies
Criteria: Pursuant to Article 13, Section 1305.2 of Ordinance 11000, as appropriate to the
nature of the special permit involved and the particular circumstances of the
case, the following considerations and design criteria as specified on the
following table shall apply to issues related to design, character and compatibility
of the proposed application in addition to any other specific consideration(s) set
forth elsewhere in this zoning ordinance, the City Code, or any other applicable
regulation(s).
Analysis: Staff has assessed the project on the criteria set forth in Article 12, Section 1305.2
"Design Review Criteria" of Ordinance 11000, and has found the project to have
been well designed with respect to all listed criteria. This conclusion is supported
by review and approval of the project by the Urban Development Review Board.
Finding: Complies
File ID: 1537
Page 5 of 6
F. NEIGHBORHOOD SERVICES:
Code Compliance
Building
Historic Preservation
Environmental Resources
DERM
UDRB
Transportation
Public Works
G. CONCLUSION:
No Objection
Required
No Objection
No Objection
Required
Approved with conditions pursuant to Exhibit B
No objection with conditions pursuant to Exhibit C
No objection with conditions pursuant to plans sheet
G -003Z
The Department of Planning and Zoning recommends approval with conditions of the
applicant's request for the Major Use Special Permit, and subordinate Class II permits.
Staff finds the proposed mixed-use development is compatible with SD -27.1, and largely
compliant with Miami 21 as a whole.
H. RECOMMENDATION:
Pursuant to Appendix C of Miami 21, and Article 13 and Article 17 of Ordinance 11000,
as amended on the aforementioned findings, the Planning & Zoning Department
recommends approval of the Major Use Special Permit and subordinate Class II Permits
as presented with conditions.
1. The development shall be substantially in accordance with the plans as
prepared by bKL Architecture LLC consisting of forty-four sheets dated
stamped received by the City of Miami Hearing Boards on November 4, 2016.
2. The applicant shall comply with the recommendations from Public Works,
drafted by Abraham Bachtiar P.E. dated November 4, 2016, found on sheet G -
003Z of the project plans, sheets dated stamped received by the City of Miami
Hearing Boards on November 4, 2016.
3. The applicant shall comply with the recommendations from the Office of
Transportation, attached hereto as Exhibit C.
4. The applicant shall provide one cross-section in each direction, for each
building, prior to hearing at City Commission.
5. The applicant shall
departments/agencies
process.
12/29116 J. Eisenberg
comply with the requirements of all applicable
as part of the City of Miami building permit submittal
File ID: 1537
Page 6 of 6
Exhibit B
C I T Y O F M I A M I
P L A N N I N G & Z O N I N G D E P A R T M E N T
URBAN DEVELOPMENT R E V I E W BOARD (UDRB)
RESOLUTION FOR RECOMMENDATION
U D R B M E E T I N G- 1 0/ 0 5/ 2 0 1 6
Item No. 2
A motion was made by Jesus Permuy and seconded by Neil Hall for a Resolution
recommending to the Director of the Department of Planning & Zoning of Approval with
Conditions for the project Midtown 6 + 7 located at 3101 and 3001 NE 1 Avenue with a
vote of 5 to 0.
Vote List:
Yes
No
Recused
Absent
Robert Behar Chairman
Z
❑
❑
❑
Dean Lewis ice Chair
❑
❑
❑
Z
Willy Bermello
❑
❑
❑
Z
Robin Bosco
❑
❑
❑
Z
Ned Hall
Z
❑
❑
❑
Gerald C. Marston
❑
❑
❑
Z
Fidel Perez
®
❑
❑
❑
Jesus Permu
Z
❑
❑
❑
AnthonyTzamtzis
Z
❑
❑
❑
CONDITIONS:
• Applicant will work with Staff to articulate the large facades in a manner that is not
as uniform.
Planning & Zoning Director
Joseph Eisenberg, UDRB Liaison
HNTB Corporation 8700 West Flagler Street Telephone (305) 551-8100
Engineers Architects Planners Suite 402 Facsimile (305) 551-2800
Miami, Florida 33174 www.hntb.com
Exhibit C
Date
12/16/2016
Ms. Irene S. Soria, P.E.
Project Manager
City of Miami - Capital Improvements & Transportation Program
444 SW 2°1 Avenue, 8' Floor, Miami, FL 33130
Re: Midtown 6 & 7 Traffic Impact Study - Sufficiency Letter
Dear Ms. Soria:
NNTB
The consultant has provided valid responses and/or addressed most of our comments. We would like to
proceed issuing this sufficiency letter with the following conditions:
1. Seasonal Factors used to adjust existing condition volumes were not applied correctly. For this
reason, volumes used in the traffic impact study may have been overestimated providing for a
conservative analysis. The consultant will submit a revised version of the report to the City of
Miami before the Commission Hearing.
2. The Autoturn analysis and a discussion of the results will be included in the final version of the
report.
3. A description of the parking operation will be included in the final version of the report. A
discussion about the location of gated entrances to the parking garage will be included and if
such gates have the potential to affect traffic on the adjacent roads, a queuing analysis will be
performed.
4. The consultant has identified the following signal timing adjustments. These adjustments will be
presented and discussed with Miami -Dade County.
• N 36'i' Street and N Miami Avenue. Add additional green time to both the southbound
and westbound left turn movements.
• NE 36'h Street and NW 2°d Avenue. Add additional green time to the westbound
movement.
• N 29''' Street and N Miami Avenue. Add additional green time to both the northbound
and southbound movements.
Please note that the applicant has proposed to undertake Transportation Control Measures (TCMs) to
reduce the impact of project traffic on the surrounding roadways and intersections and should be held
responsible for implementing the following measures:
• Will encourage employers/landlords to participate in ridership programs through South Florida
Commuter Services. Available information will be obtained and distributed to all
employers/landlords in the development.
• Miami -Dade County Transportation Agency current local and regional mass transit route and
schedule information will be provided to potential transit users in a prominent public area of the
January 14, 2616
Page 2 of 2
development. The information provided and maintained on the premises will be updated, when
necessary, at no less than six month intervals.
Promote mass transit use by encouraging employers/landlords to purchase transit passes and
make them available to employees at discounted prices or no charge, or in lieu of subsidized
parking.
• Encourage employers to implement staggered work hours.
• Actively communicating with UBER and LYFT to formulate partnerships.
Sincerely,
HNTB CORPORATION
Carlos A. Alba, PE, PTOE
Project Manager
:�NTB
MIAMI 21 (EXISTING)
File ID: 1537
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