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HomeMy WebLinkAboutAnalysise • s Analysis for Major Use Special Permit for the Mist Project located at approximately 824 Biscayne Boulevard CASE NO. 2003-0050 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Mist Project has been reviewed to allow a Major Use Special Permit per Article 17 for a mixed-use/residential building with up to 516 residential units, 29,300 square feet of retail space, 22,500 square feet of office space, recreational amenities and approximately 800 parking spaces (of which 100 spaces are tandem). This Permit also includes the following requests: MAJOR USE SPECIAL PERMIT (Residential uses over 200 units) as per Section 1701; MAJOR USE SPECIAL PERMIT (Combination of uses proposing to provide in excess of 500 parking spaces) as per Section 1701; CLASS I SPECIAL PERMIT as per Section 915.2 for FAA clearance letter; CLASS II SPECIAL PERMIT as per Article 6, Section 606 for new construction in the SD-6 District; CLASS II Special Permit for waiver of design standards and guidelines (per section 1512) for urban plaza; Section III, not to exceed 25% of linear frontage. CLASS II Special Permit for waiver of design standards and guidelines (per section 1512) for urban plaza; Section III, Subsection G prohibition of driveways REQUEST that the following MUSP conditions be required at the time of shell permit instead of at issuance of foundation permit: a. the requirement to record in the Public Records a unity of title or covenant in lieu of unity of title. Pursuant to Articles 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. In determining the appropriateness of the proposed project, the Planning and Zoning Department has referred this project to the Large Scale Development Committee (LSDC) and the Urban Development Review Board (UDRB) 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 new housing opportunities in the Central Business District Area with ground floor commercial uses fronting on Biscayne Boulevard. • It is found that the subject property is located across from the FEC slip and Bayfront/Bicentennial Park system that makes it ideal for creating new in -town housing to serve the downtown area. • It is found that the project has convenient access to the People Mover system for efficient use of existing mass transit systems. • It is found that the project was reviewed by the Large Scale Development Committee and has been modified to address the expressed technical concerns raised at said Large Scale Development Committee meeting; • It is found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board and the Planning and Zoning Department; the staff review resulted in design modifications which were then recommended for approval to the Planning and Zoning Director, subject to an additional condition regarding the depicted vehicular drop off area as specified in the conditions below. • It is found that with respect to all additional criteria as specified in Section 1305 of Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate. Based on these findings, the Planning and Zoning 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 Department of Planning and Zoning, 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 Director of the Department of Planning and Zoning 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 shell permit, provide the City with an executed, recordable 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. 7. Provide the Department of Planning and Zoning 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 Department of Planning and Zoning 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. 8. Pursuant to the UDRB and Planning and Zoning Department review, the applicant shall modify the proposed drop off area located on Biscayne Boulevard so that it functions as an urban plaza with no vehicular circulation; the vehicular drop off shall be relocated; final plans depicting a new vehicular drop off area shall be subject to review and approval by the Planning and Zoning Director.