Loading...
HomeMy WebLinkAboutMUSP AnalysisUIN- &W MAJOR USE SPECIAL PERMIT for THE VILLAGE APARTMENTS located at approximately 6886 NW 7th Avenue a.k.a. 755 NW 67th Street and 890 NW 69th Street LEGISTAR FILE ID: 09-01007mu The proposed "The Village Apartments" is an affordable housing project to be located within the Community Revitalization District (CRD) at approximately 6886 NW 7`" Avenue a.k.a. 755 NW 67TH Street and 890 NW 691", Miami, Florida; it is a phased project comprised of six residential buildings ranging in height from approximate 68 foot 8 inches to 117 foot, and from 6 to 12 stories high, to be comprised of approximately 574 total multifamily residential units on an approximately on a 731,420 square feet of floor area, and recreational amenities; and approximately 850 total parking spaces, where 1,125 parking spaces are required. Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for "The Village Apartments" as described, has been reviewed to allow the following application for Major Use Special Permit subject to the applicable criteria; This Major Use Special Permit encompasses the following Special Permits and requests: Major Use Special Permit, as per Article 17, Section 1701 (11), to allow individual phases of a multiphase project which in the aggregate with other phases reaches the established thresholds; Major Use Special Permit, as per Article 17, Section 1701 (1), to allow a Multi -Family Residential Development involving in excess of Two Hundred (200) Dwelling Units; Major Use Special Permit, as per Article 17, Section 1701 (7), to allow a Single Use requiring or proposing to provide in excess of Five Hundred (500) off-street parking spaces; Special Exception Permit, as per Article 9, Section 917.7.2, to allow reduction in parking requirement for multi -family residential development when located in Community Revitalization Districts (CRD); Class II Special Permit, as per Article 9, Section 908.2, to allow driveways width greater than 25 feet; Class II Special Permit, as per Article 9, Section 923.2, to allow loading berth size reduction from 12'x35'x15' to 10'x20'xl5', as follows: Required Six (6) 12 feet wide x 35 feet long x 15 feet high Proposed Two (2) 12 feet wide x 35 feet long x 15 feet high Four (4) 10 feet wide x 20 feet long x 15 feet high Class I I Special Permit, as per Article 9, Section 927, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be approved by other city departments; Class I Special Permit, as per Article 9, Section 906.9, to allow temporary carnival, 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 ground breaking ceremonies; Class I Special Permit, as per Article 9, Section 918.2, to allow temporary off-street offsite parking for construction crews working on a residential project under construction; 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 10.5.4.3, R-4 Multifamily High -Density Residential, to allow temporary development signs; 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 all applicable criteria; Request for applicable 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 areas and facilities will be by the property owner and/or- 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 the Large Scale Development Committee (LSDC) and the Planning Internal Design Review Committee and Urban Development Review Board for additional input and recommendations; the following findings have been made: • It is found that the proposed development project will benefit the area by creating affordable residential units in District 5 within the Model City NET District, between NW 71ST Street to the North, NW 67" Street to South, NW 7th Avenue to East, and NW 1 Oth Avenue to West. • It is found that the project is located on a gross lot area of approximately 11.8± acres and a net lot area of approximately 10.425± acres of land. • It is found that the proposed project is not located along a Primary Pedestrian Pathway. • It is found that the proposed project is not located within an Archeological Conservation area. • It is found that the proposed project is located within the Model City Community Revitalization District (CRD). • It is found that the proposed total number of parking spaces (approximately 850) for the project is below the required minimum number of 1,125 parking spaces. • It is found that the project is requesting a parking spaces reduction through an Special Exception as per ARTICLE 9, Section 917.7.2, of the Zoning Ordinance 11000 allowing a reduction in parking requirement for multi -family residential development when located within a Community Revitalization Districts (CRD). • It is found that the project is expected to cost approximately $ 166,665,147 and to employ approximately 146 workers during construction (FTE -Full Time Employees); The project will also result in the creation of approximately 7 permanent new jobs (FTE) for building operations and will generate approximately $ 889,421 annually in tax revenues to the City (2010 dollars). • It is found that the Large Scale Development Committee reviewed the project on May 26, 2010 and offered its inputs on the Large Scale Development Committee set of comments. • It is found that the project conforms to the requirements of the R-4 (Multifamily High -Density Residential) zoning designation of the site, as contained in the Zoning Ordinance 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. • It is found that on September 2, 2010 Miami Dade County Public Schools issued a School Concurrency Determination for "The Village Apartment" stating that the applicable Level of Service (LOS) standards of 100% Florida Inventory of School Housing (FISH) have been met at the three school levels and as such, capacity at Holmes Elementary, Charles R Drew Middle, and Miami Northwestern Senior High has been reserved for a one year period, under Master Concurrency Number MA011 0080500295. Time extensions can be granted under Miami Dade County Public Schools procedure, for a maximum reservation period does not exceed six years from the original effective date of this certificate. It is found that the proposed Comprehensive Plan Future Land Use designation on the subject property allows the proposed use. It is found that the proposed project was reviewed by the Internal Design Review Committee, and the following revised pertinent comments were made on July 14, 2010: (1) The highest intensities of the site should be located closest to NW 7t" Avenue commercial corridor and transition down in intensity and height towards the residential neighborhood, (2) The buildings closer to 7t" street should be located closer to the setback line. The third building should be moved up to the setback line to be able to preserve the existing trees behind the proposed building, (3) Provide proposal to create a space for the public or make other public improvements in the neighborhood as part of the public benefit or mitigation required for the street closure requested, (4) Create- a greater variety in the height, bulk, scale, setbacks, landscaping, colors, and architectural design, and (5) Move the fences surrounding the site to be even with or behind the front edge of the buildings to keep the residential front yard character of the neighborhood. • It is found that the proposed project was reviewed by the Urban Development Review Board on July 21, 2010, and recommended approval with condition. It is found that on May 7, 2010, the City of Miami Public Works Department provided a review of the project and commented: (1) N.W. 67 Street: Replace all damaged sidewalk and construct sidewalk in missing locations on the north side of the street between NW 7 Avenue and NW 8 Avenue and connect sidewalk to existing sidewalk adjacent to the Miami - Dade Water and Sewer Department property. Mill and resurface the street, full width, between NW 7 Avenue and NW 8 Avenue. Re -grade swale and plant solid sod and street trees on the north side of the street between NW 7 Avenue and NW 8 Avenue, (2) N.W. 10 Avenue: Replace all damaged sidewalk, re -grade swale and plant solid sod and street trees on the east side of the avenue between NW 68 Street and NW 69 Street. Mill and resurface the east half of the avenue between NW 68 Street and NW 69 Street, (3) N.W. 69 Street: Replace all damaged sidewalk, re -grade swale and plant solid sod and street trees on the south side of the street between NW 7 Avenue and NW 10 Avenue. Construct an inlay repair of the asphalt pavement on NW 69 Street at the intersection with NW 7 Court and at a location approximately 100 feet west of NW 7 Avenue. • It is found that the Miami -Dade Aviation Department provided a height analysis review on May 6, 2010; stating that "It is not necessary to file with the Federal Aviation Administration (FAA) for the structure height as stated above. However, any construction cranes for this project meeting or exceeding 200 ft AMSL (Above Mean Sea Level) must be filed by the construction contractor using form 7460-1 'Notice of Proposed Construction Alteration for Determination of Known Hazards"'. I addition said letter states that "Based on the available information, MDAD has determined that the referenced property is clear of any land use restrictive zones as defined in the Code of Miami -Dade County, Article XXXVII Miami International Airport (Wilcox Field) Zoning, Section 33-336 and the Code of MiamiDade County, Opa-locka Executive Airport Zoning Ordinance. It is found that on May 26, 2010 the Assistant Transportation Coordinator of the City of Miami stated that the sufficiency letter (W.O. #179) provided by the City's Traffic Consultant, URS Corp. on January 8, 2007 is still applicable, notwithstanding the applicant can use Transportation Control Measures (TCM) to support trip reductions; in particular (1) Coordinating with Miami Dade Transit MDT) to promote transit use by the residents/visitors, (2) Making sure adequate bus stops, benches and shelters are provided adjacent to the site by contacting the City of Miami Public Works Department along with MDT, and (3) Verifying the necessary vehicle maneuvering space on the surface parking lots as well as the final phase that includes a parking garage. It is found that the environmental Impact Analysis Statement concludes that the proposed development site is appropriate and this project will have a favorable impact on economy, public services, environment and housing supply within the immediate neighborhood when keeping with the following recommendations: (1) Consider an approach which quantifiably reduces traffic volumes and single occupant vehicle use, (2) Consider the use of waterless urinals, low flow toilets, low flow showers and sinks in order to mitigate the volume of waste generated by this project and handled by the municipal sewer system, (3) Heat island effect could be further mitigated on this project by the use of roofing materials with a high solar reflective index and light concrete for surface spaces, (4) Consider high efficiency HVAC and hot water equipment, in order to meet the minimum energy performance required by leading national sustainability rating systems, (5) Provide a dedicated recycling area, and (6) Contractors should adhere to an Erosion and Sediment Control Plan before groundbreaking in. • It is found that with respect to all additional criteria as specified in Section 1305.2 of Zoning Ordinance 11000, the proposal has been analyzed to adhere to the following Design Review comments, and 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. • It is found that all Class I's and Class II's Special Permits subordinate to the Major Use Special Permit requires further review and approval from the Planning Department, associated with the new set of plans to be submitted in order to comply with the conditions imposed by the development order. 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. 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) Prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, record in the Public Records of Dade County, Florida, 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 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. 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) Locate the highest intensities of the site closest to NW 7th Avenue commercial corridor and transition down in intensity and height towards the residential neighborhood, (2) Locate the buildings closer to 7th street, closer to the setback line. The third building should be moved up to the setback line to be able to preserve the existing trees behind the proposed building, (3) Provide proposal to create a space for the public or make other public improvements in the neighborhood as part of the public benefit or mitigation required for the street closure requested, (4) Create a greater variety in the height, bulk, scale, setbacks, landscaping, colors, and architectural design, (5) Move the fences surrounding the site to be even with or behind the front edge of the buildings to keep the residential front yard character of the neighborhood, (6) The new set of plans addressing the conditions of the development order shall be submitted to the Planning Department for review and approval prior to the issuance of any building permit and, (7) Add additional structured parking to increase the green space provided for recreational purposes. 12) Pursuant to comments by the City of Miami Public Works Department, the following street improvements shall be required of the applicant: (1) N.W. 67 Street: Replace all damaged sidewalk and construct sidewalk in missing locations on the north side of the street between NW 7 Avenue and NW 8 Avenue and connect sidewalk to existing sidewalk adjacent to the Miami Dade Water and Sewer Department property. Mill and resurface the street, full width, between NW 7 Avenue and NW 8 Avenue. Re -grade swale and plant solid sod and street trees on the north side of the street between NW 7 Avenue and NW 8 Avenue, (2) N.W. 10 Avenue: Replace all damaged sidewalk, re -grade swale and plant solid sod and street trees on the east side of the avenue between NW 68 Street and NW 69 Street. Mill and resurface the east half of the avenue between NW 68 Street and NW 69 Street, (3) N.W. 69 Street: Replace all damaged sidewalk, re -grade swale and plant solid sod and street trees on the south side of the street between NW 7 Avenue and NW 10 Avenue. Construct an inlay repair of the asphalt pavement on NW 69 Street at the intersection with NW 7 Court and at a location approximately 100 feet west of NW 7 Avenue. In addition all the improvements noted as part of the Large Scale Development Committee comments from the Public Works Director, which is part of the records. 13) 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.