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HomeMy Public PortalAboutLTC 159-2022 Update on Proposed Residences[1]BAL HARBOUR - V I L L A G E - OFFICE OF THE VILLAGE MANAGER LETTER TO COUNCIL NO. 159-2022 To: Mayor Gabriel Groisman and Members of the Village Council From: Jorge M. Gonzalez, Village Manager Date: October 7, 2022 Subject: Status Update on the Proposed Residences at Bal Harbour The purpose of this Letter to Council is to provide you a status update on the proposed Residences at Bal Harbour (former Carlton Terrace) site applicant proposal. The Architectural Review Board (ARB) approved the application this week on a three to zero vote. The legal representative from the Bellini was granted "Intervener" status and was present at the hearing and was able to participate as appropriate. It should be noted that anyone with standing will have 10 days to file an appeal to the ARB action. If an appeal is filed, the Village Council hears and renders a final decision on the appeal. There are specific guidelines in the Code as to what is appealable. Please contact the Village Attorney directly should you desire more legal information on that process. Attached is the Staff Memo for the item along with the Zoning Analysis from Michael Miller Planning Associates. The memo addresses the project and the various conditions of approval required for the Certificate of Appropriateness. The Applicant has amended their program to include a Medical Office as provided for in Section 21-281(7), subject to certain limitations. As such, the Applicant no longer seeks a text amendment as discussed at the Village Council meeting of September 13, 2022. Therefore, no further action will be required on that Discussion Item. The attached Zoning Analysis addresses the code specifics regarding the proposed Medical Office. Should you need additional information on this matter, please feel free to contact me or the Village Attorney directly. BAL HARBOUR - V I L LAG E - ARCHITECTURAL REVIEW BOARD MEMORANDUM TO: Architectural Review Board Members FROM: Eliezer Palacio, Building Director DATE: 10/06/2022 SUBJECT: 10245 Collins Avenue Residence of Bal Harbour a new twenty four-story multi -family mixed use condominium BACKGROUND The Village of Bal Harbour (the "Village") received an Architectural Review Board (ARB) application on May 6, 2022 for a new twenty four-story multi -family mixed use condominium located at 10245 Collins Avenue (the "Property"). The Property sits on Lot 116, plus an unplatted parcel of land between the State Erosion Control Line (ECL) and the platted lot line of Lot 16 and is located in the Ocean Front zoning district of the Village. The unplatted 5,175 square feet/.12 acre parcel is unzoned. The overall development lot is 116.244 square feet. The Applicant is proposing a new twenty four-story multi -family mixed use condominium with 324.443 square feet of conditioned interior space and 223,611 square feet of unconditioned, for a total square footage of 548,054. The Property is located in the FEMA AE-8 N.G.V.D. Base Flood Elevation Zone and the Applicant is constructing a new twenty four-story multi -family mixed use condominium main entry lobby at 9.67' N.G.V.D., which complies with the Florida Building Code (F.B.C.) and ASCE 24-14 for AE zones. THE PROJECT (AE Description) SOM is an internationally renowned architecture practice with many exemplary projects around the world. Our commitment to design excellence is exemplified throughout the firm's 86 year history. In collaboration with CFE as Architect of Record, SOM is honored and excited to help develop this world class mixed -use project for the village of Bal Harbour. The proposed design at 10245 Collins Avenue, will be an architectural gem befitting the legacy of Bal Harbour. Inspired by the rich history of South Florida's tropical modernism, yet thoroughly of ourtimes, SOM aims to create a design that is equally timeless and bespoke. A curated sensorial experience is at the heart of the project. From entering the site at Collins Avenue, one is greeted with lush vegetation against a backdrop of curvaceous stone walls. Discreet yet inviting, one is guided through a richly landscaped scenic drive that gently slopes up to cast views over the water at the building entrance. The ground level experience is a melding of building and nature. The lobby lounges frame vistas to gardens and water, while amenity cabanas positioned against the north and south edges of the site provide privacy to neighbors. Ground level amenities are spaces for respite interspersed with lush garden experiences. These include a fitness center, screening and VR rooms, swimming pools, pickleball and paddle ball courts and intimate gathering spaces under pergolas. A fine dining restaurant and an expansive below -grade spa, exclusively accessed by tenants, are provided. Additionally, a medical office that is open to the public, creating a truly mixed -use building experience. The project's unique curvilinear massing privileges views out to both the ocean and the bay, while minimizing direct views into its neighbors. Residential units, feature full height floor to ceiling glazing offering ample daylight into the interior spaces. This is balanced with horizontal brows on the facade that provide shade and add distinctive character to the building exterior. Residential balconies are carefully positioned to the east and west of the tower, framed against stone walls that add privacy and channel views to the water. Finally, well considered materials evoke a bespoke character in the building design. White precast horizontal brows on the facade cast an elegant, curvaceous profile across the building. The use of richly textured stone walls on the porte cochere, cabanas and columns add an element of understated luxury and color. RECOMMENDATION I recommend that the Board review the submittal for compliance and if they concur with my recommendation, issue a Certificate of Appropriateness. If approved, the following conditions should be added to the motion: 1. The proposed project is a mixed -use building. The medical office, allowed pursuant to Section 21-281(7), shall remain open to the public for the life of the structure and comply with Subsection 21-281(8)(a)-(e),unless the applicable laws are changed to no longer require the medical office to be open to the public. The medical office shall and obtain and maintain a Bal Harbour Village business tax receipt, and all required Miami - Dade County and State of Florida Permits and licenses. 2. A declaration of use and/orthe condominium declaration shall be recorded with Miami Dade County Clerk of the Courts including language substantially in accordance with the following statement, "The medical office shall remain open to the public for the life of the structure, unless the applicable laws are changed to no longer require the medical office to be open to the public". The language to be included shall be subject to final review and approval of the Village Attorney. 3. Zoning and Flood Resistant Design Review information included in this approval and backup report consists only of a preliminary review against the basic intent of the Village's Zoning Code and F.B.C. Chapter 16 requirements. The zoning analysis of the proposed medical office use is attached to this Report. Complete review and compliance with the Village Zoning Code and the F.B.C. shall be required prior to permit approval. 2 4. Landscape Architect shall provide a certified letter demonstrating compliance with Miami -Dade County Chapter 18A. 5. Trees shall be added to meet or exceed the previously approved tree canopy prior to issuance of a Certificate of Occupancy. 6. Compliance with Village Code of Ordinances Section 20-29, regarding obstruction of water meters, and Section 21-358 regarding walls, fences and landscape plantings is required. 7. Any new trees must be planted at least 10' from the edge of the curb. Any trees or palms located in the first 25' from the curb (or such other width maybe determined necessary) must be planted with root barriers. 8. All Electrical, Mechanical and Plumbing equipment are required to be 1.0 foot above B.F.E. (Base Flood Elevation), except as may be permitted per F.B.C. & A.S.C.E. 24 and cannot infringe upon the building setbacks. 9. Flood Design Data is required to be in accordance to F.B.C. 2020, Section 1603.1.7. & A.S.C.E. 24. 10. Architect to provide an Elevation Certificate FEMA Form 086-0-33, for proposed construction that complies with F.B.C. 1612 & A.S.C.E. 24. 11. A construction contract and or detailed estimate of the proposed improvements is required to be submitted to establish proposed construction value at permit issuance and at permit closeout. 12. The Project shall comply with Section 21-287 Principal Buildings and Structures in the OF Ocean Front District having 17 Stories or less shall not exceed 20 percent of the total Lot area. For each Story in excess of 17 Stories, the maximum percentage of Building coverage permitted for Principal Buildings and Structures shall decrease by one percent; i.e., 18 Stories, 19 percent Lot coverage; 19 Stories, 18 percent Lot coverage; etc. 13. The Project shall comply with Section 21-293, maximum building height of 275 ft. in the OF Ocean Front District. 14. If any portion of the landscaping, hardscape or structures will be located within the twenty -five-foot easement for Village utilities at the front of the property, prior to the issuance of a required permit or permit revision to the master building permit, the Owner of the Project described herein shall agree to execute "Hold Harmless Agreement" in a form acceptable to the Village as a condition precedent to permit issuance and shall deliver the executed agreement prior to Certificate of Occupancy once the improvements have been installed and can be documented and verified. If 3 any landscaping or other improvement is proposed and approved for placement within any other Village easement, the Owner of the Project shall also execute such a "Hold Harmless Agreement" as to that other improvement. 15. If the proposed landscape, hardscape, or structure design is in conflict with the Village's utility infrastructure systems, the Architect and Civil Engineer are required to resolve the conflict in a manner acceptable to the Village. Any proposed resolution may also require an agreement to provide hold harmless and or maintenance agreements as referenced above prior to permit issuance. Any revisions required to the hardscape or landscape shall be bought before the ARB, if required or be administratively approved prior to permit. 16. Perimeter landscaping required by the Certificate of Appropriateness must be maintained by the property owner in accordance with the standards of the Code. 17. Applicant to apply for and obtain all required permits from the Building Department before beginning work. 18. Applicant to apply for and obtain all necessary permits and approvals from outside agencies as required by applicable laws. 19. In lieu of paying the Village's standard fees for building permits for the Project, Applicant voluntarily proffers to pay the Village an equivalent amount based on the estimated cost of the Project as established by the construction contracts filed with the Village. Fifty percent of this voluntary contribution will be paid prior to building permit application for the main building, and the remaining fifty percent will be paid prior to building permit issuance, with a true up at building permit closeout. This voluntary contribution does not include the amount of any charges collected by the Village on behalf of other governmental authorities, which charges must be remitted to Village by the Applicant. 20. The Applicant voluntarily proffers as a public benefit to the Village, a donation to the Village of $2,000,000.00 to be used toward the funding of the Village Jetty improvement, to be applied in the sole discretion of the Village towards any expense related to that improvement, including but not limited to the installation of artwork on the new jetty if the Village so desires. The voluntary donation shall be made in two installments: a. $1,000,000 prior to the issuance of the full master permit for the project (this shall not preclude the issuance of demolition, site work and foundation permits prior to that time); and b. $1,000,000 prior to the issuance of the Temporary Certificate of Occupancy for floors that contain at least twelve dwelling units for the main building of the Project. 4 The Applicant shall work with the Village and its manager and attorney on any documentation or approvals necessary or desirable for the Village's acceptance of the voluntary donation to the Village Jetty improvement. 21. The Applicant shall execute and record (at the Applicant's expense) an Easement Agreement or Agreements in favor of the Village, as may be necessary to protect any existing or to be installed utility infrastructure as determined in the sole discretion of the Village. Such Easement Agreement(s) will be reviewed and approved administratively, after being approved as to form by the Village Attorney. Attachment: 9.23.22 Zoning Memo from Michael Miller Planning Associates, Consultant Village Planner 5 MICHASt MIRER ptAMM 111SOIXIMI DES. I110. Land Design Municipal Planning Services Trarsportation Planning BAL HARBOUR VILLAGE COMMUNITY DEVELOPMENT MEW' To: Eliezer Palacio — Building Official / Building DEpt. Director Jorge M. Gonzalez - Village Manager Susan Trevarthen, Esq. @ WSH - Village Attorney Bal Harbour Village, Florida From: Michael J. Miller, AICP Consultant Village Planner Date: September 231, 2022 Subject: Redevelopment of Existing Carlton Terrace Oceanfront (OF) Site The Residences of Bal Harbour (61 DU) 10245 Collins Avenue Planning & Zoning Opinion on Proposed Medical Office Use MMPA Project No.: 00-1103-0100 ISSUE/BACKGROUND The Village received an Architectural Review Board (ARB) application in mid -May 2022 for the redevelopment of the existing 88 dwelling unit Carlton Terrace multifamily development located at 10245 Collins Avenue. The new proposal is for a 61 dwelling unit 124-story / mixed -use development containing some limited commercial uses that are allowed under the applicable Oceanfront (OF) Zoning District to serve the future residents of the complex and general public in some instances. An underground parking garage / loading area / service delivery facility is proposed to serve the new complex. Since the application was filed the Village staff, other contract consultants, and our firm that serves as the Village's Consultant Planner & Zoning staff, has been reviewing / commenting on the proposed Site Development Plans and related support documents. A series of review comments were issued by Village staff / other contract consultants / MMFA, and the plans were revised accordingly. Recently a revised plan has been submitted with a proposed medical office on the ground floor as permitted by Sec. 21-281(7), subject to certain limitations. MMPA has been requested to provide our opinion on the proposed commercial use (medical pffices) as part of this project review. ANALYSIS The subject site is located within the Village's Oceanfront (OF) Zor ing District. Chapter 21 entitled "Zoning" includes most of the Village's land development I zoning regulations. Article III Division 10 sets forth the zoning regulations for the Oceanfront (OF) Zoning District. Section 21-281 sets forth 7622 Wiles Load Suite B-203 Coral Springs, Florida 33067 Telephone: 954-757-9909 Bal Harbour Village Redevelopment of Existing Carlton Terrace Site The Residences of Bal Harbour 10246 Collins Avenue September 23b, 2022 Page 2 the list of permitted uses within the OF District. Subsection (1) allows "Multiple -Family Dwellings or apartment buildings containing not less than 24 dwelling units." The proposed development includes 61 dwelling units at this time; therefore, the primary use of the site (a multifamily development with more than 24 DU) complies with this Code provision. Within the proposed new development, a number of typical accessory I ancillary uses are proposed, such as recreational facilities (pools I sundecks / sport courts), an entry lobby, management offices, mail room, a caf6 / lounge, a cocktail lounge, a gallery, an event room, and freestanding cabanas / restaurant / fitness center structures are proposed over the parking garage roof, as well as required mechanical rooms, common areas and off-street parking facilities. As mentioned above, as allowed by subsection 21-281(7) a medical office is proposed within the main building that is stated by the applicant to serve the complex residents and guests, but will be open to the public as well, as allowed by the Code section. Such medical uses (doctors & dentists) are allowed as right, separate from the other "convenience commercial establishments listed in subsection 21-281(10). The Zoning Code requires that medical uses meet the locational / operational / size requirements listed in subsections "a" through "e" of subsection 8. Subsection 21 281(8) entitled "convenience establishments" governs those uses listed in subsection (10). It is specifically noted that subsection (7) allows by right medical and dental offices, separate and distinct from other types of convenience establishment listed in the Code. Our review of the latest Site Development Plans finds the proposed medical office use / preliminary facility design complies with the limitations set forth in sections "a" through "e" of subsection (8). CONCLUSION AND RECOMMENDATION Based on the above analysis, MMPA finds the proposed medical office use / preliminary facility design complies with the limitations set forth in sections "a" through "e" of subsection (8). Michael duller Plonninq Associolei. Inc.