HomeMy WebLinkAboutMUSP AnalysisANALYSIS
SUBSTANTIAL MODIFICATION TO A PREVIOUSLY APPROVED
MAJOR USE SPECIAL PERMIT
for
VILLAGE CARVER
located at approximately
401 NW 71 Street, Miami, Florida
LEGISTAR FILE ID: 06-00415mm
The proposed substantial amendment will modify the approved MUSP Resolution R-08-
0458 as follows: 1) To Increase the total number of units of the unified multifamily
residential development from 309 to 310 units, 2) To Increase the total number of
provided Off-street parking spaces from 391 to 443 spaces (386 within a parking garage
structure and 57 spaces on a surface parking lot, and 3) To relocate the footprint of all
phases (I, II and III) more than 10 feet in a horizontal direction due to historic
preservation site requirements.
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for "VILLAGE CARVER" at approximately 401 NW 71 ST
a/k/a 485 NW 71 ST Miami, Florida, has been submitted and reviewed as an applica-
tion for substantial modifications to a previously approved Major Use Special Permit
(R-08-0458), subject to applicable criteria;
The proposed modifications to the previously approved Major Use Special Permit
R-08-0458 are as follows:
1. To increase the total number of units of the unified multifamily residential
development from 309 to 310 units.
2. To increase the total number of provided off-street parking spaces from
391 to 443 spaces (386 within a parking garage structure and 57 spaces on
a surface parking lot.
3. To relocate the footprint of all PHASES (I, II and III) more than 10 feet in a
horizontal direction due to Historic Preservation Site Requirements.
Note:
Affordable Housing Development PHASE 1 (112 Residential Units), is cur-
rently under construction with permit number 13085007344.
The substantial amendment to the Major Use Special Permit (R-08-0548) encom-
passes the following Special Permits and Requests:
SPECIAL EXCEPTION, as per Article 4, Section 401, under Conditional Principal
Uses of C-2 Liberal Commercial (12), to allow the construction of Multifamily Residen-
tial Structures of a density equal to R-3 or higher, R-4 in this case; subject to all appli-
cable criteria;
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SPECIAL EXCEPTION, as per Article 9, Section 917.8, to allow deferral of total re-
quired parking improvements for Phase I currently under construction with Building
Permit No B085007344; subject to all applicable criteria;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908.2, to allow driveways
width greater than 25 feet.
CLASS If SPECIAL PERMIT, as per Article 15, Sect. 1512, to allow a waiver of City of
Miami Parking Guides & Standards requirement of one (1) additional foot of parking stall
dimension abutting columns or any other obstructions. The minimum stall width dimen-
sion of 8'-6" will be measured from the face of the column to the center line of the stall
stripping lines;
CLASS II SPECIAL PERMIT, as per ARTICLE 9. Section 927, to allow temporary
structures, occupancies, and uses reasonably necessary for construction such as con-
struction fence, covered walkway and if encroaching public property must be approved
by other city departments;
CLASS I SPECIAL PERMIT, as per ARTICLE 9. Section 906, to allow temporary car-
nival, festival, fair or similar type event on privately owned or City -owned land such as a
ground breaking ceremony;
CLASS I SPECIAL PERMIT as per ARTICLE 9. Section 916.2.1, to allow parking for
temporary special event such as groundbreaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9. Section, to allow temporary off-street
offsite parking, for construction crews working on a residential project under construc-
tion, within R-4 or more permissive zoning district;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow construction
trailer(s) and other temporary construction offices such as watchman's quarters, leasing
and sales centers.
CLASS I SPECIAL PERMIT, as per ARTICLE 10. Section 10, Section 10.5.4.4. C-2
Liberal Commercial, Temporary Signs (3), to allow temporary development signs;
REQUEST as per Article 25, Section 2502 Definition, to be qualified as a phased
project by the Director of the Planning Department as established in Article 17, Section
1701 (11).
REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment
(a) permitting the operation of construction equipment exceeding the sound level of a
reading of 0.79 weighted average dBA at any time and/or day subject to the City Man
ager Exception pursuant to Section 36-6 (c) and all the applicable criteria;
REQUEST for applicable SUBSTANTIAL MODIFICATION TO A MAJOR USE
SPECIAL PERMIT, that the following conditions be required at the time of issuance of
Shell Permit instead of at issuance of Foundation Permit:
- The requirement to record in the Public Records a Declaration of Covenants and/or
Restrictions providing that the ownership, operation and maintenance of all common
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areas and facilities will be by the property owner and/or a mandatory property owner
association;
- And the requirement to record in the Public Records a Unity of Title or a covenant in
lieu of a Unity of Title.
In determining the appropriateness of the proposed project, the Planning
Department has referred this project to Public Works Department, to the
Transportation Administration Division, and to the Planning Internal Design
Review Committee for additional input and recommendations; the following
findings have been made:
• It is found that on July 2, 2008 the City of Miami adopted the Village Carver MUSP
under Resolution R-08-0548, and it is currently under construction with permit
number B085007344.
• It is found that during the Phase I construction process of the Village Carver project,
a burial ground related to the old Lemon City Cemetery was discovered in April of
2009.
• It is found that the project was requested to relocate the footprint of all Phases (I, II
and III) more than 10 feet in a horizontal direction due to Historic Preservation site
requirements.
• It is found that on November 3, 2009, the Historic and Environmental Preservation
Board (HEPB) approved the designation of the discovered Lemon City Cemetery as
a historic site.
• It is found that the proposed development project will benefit the area by creating
residential units in the Little Haiti NET District, between Rail Road to the North, NW
71 s` Street to South, NW 3rd Avenue to East, and 1-95 Expressway to West.
• It is found that the proposed project is not located along a Primary Pedestrian
Pathway.
• It is found that the proposed residential increase in one unit does not affect the
residential density of the project (310 units at 46.61 units per acre) is still below the
maximum allowed of 997 units (150 units per acre) on the 6.65 ± net acre site.
• It is found that the total floor area proposed for the 7.80± gross acre site increased
from 229,948 square feet (0.68 FAR) to 259,559 square feet (0.76 FAR) which is still
below than the maximum allowed for the site which is 584,308 square feet at a Floor
Area Ratio (FAR) of 1.72
• It is found that the proposed open space for the project 161,857sq. ft. is above the
minimum required open space (33,971 sq. ft. at 10% GLA) for this project.
• It is found that the proposed total number of parking spaces increases from 391 to
443 spaces (386 within a parking garage structure and 57 spaces on a surface
parking lot) for the project, which is above the minimum required of 441 parking
spaces.
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• It is found that the project is expected to cost approximately $141,179,540 and to
employ approximately 132 workers during construction (FTE -Full Time Employees);
The project will also result in the creation of approximately 12 permanent new jobs
(FTE) for building operations and will generate approximately $ 671,310 annually in
tax revenues to the City (2009 dollars).
• It is found that the Sharpton, Brunson & Company, P.A., the firm who conducted the
"Economic Impact Analysis" for the Village Carver Major Use Special Permit, issued
on October 28, 2009 an Application update letter stating that "Although there have
been changes in our economic markets since 2007, the aggregate economic impact
we estimated in our prior report will not materially change".
• It is found that Sun -Tech Engineering, Inc., the firm who conducted the "Site Utility
Study" for the Village Carver Major Use Special Permit, issued on October 21, 2009
an Statement Of Consistency -Site Utility Study letter confirming "that the Utility
Study prepared in 2007 is still accurate and valid for the revised MUSP".
• It is found that on September 6, 2007, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #179) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient contingent upon the following
Transportation Control Measures; (1) Promote carpooling and ridesharing programs;
(2) Provide easily accessible bicycle racks within the facility; and (3) Provide transit
information for residents and patrons.
• It is found that on October 5, 2009 the City of Miami Transportation Administration
Division issued a "Carver Village- Substantial Modification and Sufficiency for Traffic
Review" stating that "The previous letter on the traffic impact report, dated
September 6, 2007, is still applicable".
It is found that the proposed project was reviewed by the Internal Design Review
Committee on September 22, 2009, and the following revised pertinent comments
were made: (1) Expand the sidewalk areas at building entrances to allow for direct
access from the public sidewalk to the entrance and to provide space for public
gathering, (2) Consider a grass -pave or other permeable pavement system for the
loading area in Phase I to better integrate the facility with the surrounding green
space, (3) The pedestrian sidewalk shall remain at a consistent height throughout.
Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of
the curb, with the ramp slope being the maximum allowed by Public Works,
(4) Provide a material sample or precedent photograph of the material proposed to
screen the parking garage openings. It is essential that all views of cars, lights, and
mechanical equipment are screened from all street fronts and neighboring
properties, (5) Provide additional Elevations of the courtyard areas for the
committee's review, (6) Screen the top level of the parking garage with landscaping
or an architectural treatment, (7) Consider providing a covered path from the
residential tower to the parking garage to provide refuge for residents during
inclement weather, and (8) Submit a landscape plan that specifies the species and
proposed locations of all plant materials.
It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on May 9, 2008. The student population generated by this
development is estimated at 71 students. The schools serving this area of
application are Little River Elementary; (34 students) — 91 % Florida Inventory School
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Houses (FISH) Capacity; Horace Mann Middle (16 students) — 59% FISH; and Miami
Edison Senior High (21 students) — 69% FISH. Pursuant to the Interlocal
Agreement none of the schools meet the review threshold of 115%.
It is found that the maximum height of the proposed structure is approximately 113
feet 8 inches N.G.V.D at top of roof slab. The same originally approved in the
MUSP. Pursuant to Article 4, Section 401 the maximum height allowed for C-2 is
120 feet.
It is found that the Miami -Dade Aviation Department provided a height analysis
review on April 30, 2007; stating that the proposed project conforms to the Miami
Dade County Height Zoning Ordinance. However, any construction cranes for this
project reaching or exceeding 200 feet AMLS must be filed by the construction
contractor using the same form mentioned before.
It is found that on September 6, 2007, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #179) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient contingent upon the following
Transportation Control Measures; (1) Promote carpooling and ridesharing programs;
(2) Provide easily accessible bicycle racks within the facility; and (3) Provide transit
information for residents and patrons.
• It is found that the City of Miami Assistant Transportation Coordinator issued a
"Carver Village- Substantial Modification and Sufficiency for Traffic Review" stating
that "The previous letter on the traffic impact report, dated September 6, 2007, is still
applicable..."
• It is found that the Environmental Impact Analysis Statement submitted with the
project states that "the proposed development site is appropriate and has a
favorable impact on economy, public services, environment and housing supply
within the immediate neighborhood and its environment"
• It is found that The Spinnaker Group, the firm who conducted the "Environmental
Impact Analysis" for the Village Carver Major Use Special Permit, issued on October
19, 2009 an update statement which reads: "The Environmental Impact Analysis
provided in September of 2007 and submitted with the MUSP application should be
considered valid and consistent with the updated site plan".
• It is found that with respect to all additional criteria as specified in Section 1305.2 of
Zoning Ordinance 11000, the proposal has been found to adhere to the following
Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and
Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and
Open Space; (5) Vehicular Access and Parking; (6) Screening; (7) Signage and
lighting; (8) Preservation of Natural Features; and (9) Modification of
Nonconformities.
Based on these findings, the Planning Department is recommending approval of the
requested Development Project with the following conditions:
1) Meet all applicable building codes, land development regulations, ordinances
and other laws and pay all applicable fees due prior to the issuance of a building permit.
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2) Allow the Miami Police Department to conduct a security survey, at the option
of the Department, and to make recommendations concerning security measures and
systems; further submit a report to the Planning Department, prior to commencement of
construction, demonstrating how the Police Department recommendations, if any, have
been incorporated into the PROJECT security and construction plans, or demonstrate to
the Planning Director why such recommendations are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue
indicating APPLICANT'S coordination with members of the Fire Plan Review Section at
the Department of Fire -Rescue in the review of the scope of the PROJECT, owner
responsibility, building development process and review procedures, as well as specific
requirements for fire protection and life safety systems, exiting, vehicular access and
water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of
Solid Waste that the PROJECT has addressed all concerns of the said Department prior
to the obtainment of a shell permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the
Application for Development Approval, with the understanding that the APPLICANT
must use its best efforts to follow the provisions of the City's Minority/Women Business
Affairs and Procurement Program as a guide.
6) Record the following in the Public Records of Dade County, Florida, prior to
the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration of Covenants and Restrictions providing that the ownership, operation and
maintenance of all common areas and facilities will be by the property owner or a
mandatory property owner association in perpetuity.
7) Prior to the issuance of a shell permit, provide the City with a recorded copy of
the MUSP permit resolution and development order, and further, an executed, record
able unity of title or covenant in lieu of unity of title agreement for the subject property;
said agreement shall be subject to the review and approval of the City Attorney's Office.
8) Provide the Planning Department with a temporary construction plan that
includes the following: a temporary construction parking plan, with an enforcement
policy; a construction noise management plan with an enforcement policy; and a
maintenance plan for the temporary construction site; said plan shall be subject to the
review and approval by the Planning Department prior to the issuance of any building
permits and shall be enforced during construction activity. All construction activity shall
remain in full compliance with the provisions of the submitted construction plan; failure
to comply may lead to a suspension or revocation of this Major Use Special Permit.
9) In so far as this Substantial Modification to a Major Use Special Permit
includes the subordinate approval of a series of Class I Special Permits for which
specific details have not yet been developed or provided, the applicant shall provide the
Planning Department with all subordinate Class I Special Permit plans and detailed
requirements for final review and approval of each one prior to the issuance of any of
the subordinate approvals required in order to carry out any of the requested activities
and/or improvements listed in this development order or captioned in the plans approved
by it.
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10) If the project is to be developed in phases, the Applicant shall submit an
interim plan, including a landscape plan, which addresses design details for the land
occupying future phases of this Project in the event that the future phases are not
developed, said plan shall include a proposed timetable and shall be subject to review
and approval by the Planning Director.
11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (1) Expand the sidewalk areas at building
entrances to allow for direct access from the public sidewalk to the entrance and to
provide space for public gathering, (2) Consider a grass -pave or other permeable
pavement system for the loading area in Phase I to better integrate the facility with the
surrounding green space, (3) The pedestrian sidewalk shall remain at a consistent
height throughout. Vehicles shall rise to the sidewalk level with ramping beginning at the
outer edge of the curb, with the ramp slope being the maximum allowed by Public
Works, (4) Provide a material sample or precedent photograph of the material proposed
to screen the parking garage openings. It is essential that all views of cars, lights, and
mechanical equipment are screened from all street fronts and neighboring properties,
(5) Provide additional Elevations of the courtyard areas for the committee's review,
(6) Screen the top level of the parking garage with landscaping or an architectural
treatment, (7) Consider providing a covered path from the residential tower to the
parking garage to provide refuge for residents during inclement weather, and (8) Submit
a landscape plan that specifies the species and proposed locations of all plant materials.
12) Within 90 days of the effective date of this Development Order, record a
certified copy of the Development Order specifying that the Development Order runs
with the land and is binding on the Applicant, its successors, and assigns, jointly or
severally.
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