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HomeMy WebLinkAboutMUSP Analysis• Analysis for Major Use Special Permit for the Miami River Village Project located at approximately 300, 312, 316, 330, 340, 350 South Miami Avenue, 18, 30, 40, 44, 50, 62, S.W. 3rd Street, and 15, 24, 25, 39 S.W. 4th Street CASE NO. 2003-0060 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Miami River Village Project has been reviewed to allow a Major Use Special Permit per Articles 13 and 17, to be comprised of 1,304 multi- family residential units, 92,043 square feet of office space, 23,419 square feet of retail space, 9,113 square feet of riverfront restaurants, and approximately 1,992 total parking spaces. This Permit also includes the following requests: MUSP, as per Article 17, for development of 1,304 residential units. MUSP, as per Article 17, for development of parking structures containing a total of 1,994 parking spaces. CLASS II, as per Article 6, Section 606.3, to permit new construction in the SD-6 District. CLASS II, as per Article 6, Section 606.4.1 (1), to permit retail establishments within the SD-6 District. CLASS II, as per Article 6, Section 606.4.1 (2), to permit service establishments within the SD-6 District. CLASS II, as per Section 606.5.2, to permit outdoor food and drink service in conjunction with the riverfront restaurant. CLASS II, as per Section 906.7.3, to permit restaurant in mixed use residential development containing more than dwelling units. CLASS II, as per Section 906.7.3, to permit accessory banking services (i.e., automatic teller machines) in mixed use residential development containing more then 100 dwelling units. CLASS II, as per Article 9, Section 908.2, to permit access from a public street roadway width greater than 25 feet. CLASS II, as per Article 9, Section 908.9, to permit development on a waterfront yard property. CLASS I, as per Article 9, Section 915.2, for FAA clearance letter. CLASS I, as per Article 9, Section 905.1.2, to permit walkways, bicycle path from non -residentially zoned areas to residentially zoned private lands. CLASS I, as per Article 9, Section 906.6, for pool/outdoor recreational area (if deemed necessary by the Director. • • • CLASS I, as per Article 9, Section 917.1.2, to permit offstreet parking facilities maintained with valet parking for excess parking. CLASS I, as per Article 9, Section 925.3.8, to allow development/construction/rental signage, CLASS I, as per Article 9, Section 918.2, for parking and staging of construction during construction. CLASS I, as per Article 9, Section 920.1(d), to allow a construction trailer. CLASS I, as per Article 9, Section 920.1.2, to allow a temporary sales office trailer. SPECIAL EXCEPTION, as per Article 16, to permit 6 loading bays where 7 are required in the SD-6 District. REQUEST that the following MUSP conditions be required at the time of Temporary Certificate of Occupancy or Final Certificate of Occupancy instead of at the issuance of foundation permit: a. the requirement to provide a letter of assurance for Solid Waste Department; and b. the requirement to record in the Public Records 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; and c. the requirement to record in the Public Records a unity of title or covenant lieu of unity of title. REQUEST for Reservation of Downtown Development of Regional Impact (DRI) credits. a. the applicant is requesting that with the approval of the MUSP, the City allocate DRI credits for 1,304 residential units and 32,532 square feet of retail use and restaurant use and 92,043 square feet of office space. PER CITY CODE, Chapter 23-5a, Request for a Certificate of Appropriateness for ground disturbing activity in an Archeological Conservation Area. PER CITY COMMISSION & CITY CHARTER, waiver of Subpart A, Section 3.mm.ii.B, of average side yards requirements equal in aggregate to at least twenty-five (25) percent of the water frontage of lot based on average lot width. Designation as a phased project, pursuant to Section 2502 of Zoning Ordinance 11000, as amended. • 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 Downtown NET District, adjacent to the Miami River on S.W. 3rd Street, S.W. 4`h Street and South Miami Avenue. It is found that the subject property is located in a SD-6 (Central Commercial Residential District) along the Miami River. • It is found that the proposed project is located within the Waterfront Charter area, and requires City Commission approval regarding waiver to average side yards not equal to the twenty-five (25) percent of the water frontage of each lot based on average lot width; the project further qualifies for such waiver in that the project provides an enhanced level of public waterfront amenities and access. • It is found that the project has convenient access to the Metro Mover system, located along PI Street, and the Metro Rail System at Brickell Avenue, 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, which recommended approval with the following conditions; liner program along the Miami River to be preserved; maintain the integrity of liner uses and articulation of river and street edges. The Planning and Zoning Department's review resulted in design modifications which were then recommended for approval to the Planning and Zoning Director. • 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 fees due prior to the issuance of a building permit. Said fees shall include deferred portion of application fees pursuant to Section 62-158, de- ferring any amount above the minimum application fee of S5,000.00 for the Major Use Special Permit application fee for development in property located within the City's Empowerment Zone and Community Redevelopment District; therefore the applicant shall pay the remaining application balance in the amount of $40,000.00 at the request for a building permit or for a period one year from issuance of the Major Use Special Permit, whichever comes first. The Applicant shall further pay DRI (Development of Regional Impact) Administrative and Recovery Fees within 30 days of the effective date of the Major Use Special Permit, and all remaining DRI fees 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 rec- ommendations, if any, have been incorporated into the Project security and con- struction 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 in- dicating 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. Pursuant to the Department of Public Works, replatting shall be required; the Ap- plicant shall also provide Public Works with plans for proposed sidewalk and swale area improvements for its review and approval prior to the issuance of a building permit. 6. Comply with the Minority Participation and Employment Plan (including a Con- tractor/subcontractor Participation Plan) submitted to the City as part of the Ap- plication 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. • 7. Prior to the issuance of a shell permit, provide the City with an executed, record- able unity of title agreement for the subject property; said agreement shall be sub- ject to the review and approval of the City Attorney's Office. 8. 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 con- struction 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. The Applicant shall seek approval from the Historical and Environmental Preser- vation Board for development within an Archeological Conservation area prior to the City Commission's consideration of this Major Use Special Permit. 10. 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 de- veloped or provided, the applicant shall provide the Department of Planning and Zoning with all subordinate Class I Special Permit plans and detailed require- ments 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. 11. 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 oc- cupying future phases of this Project in the event that the future phases are not de- veloped, said plan shall include a proposed timetable and shall be subject to re- view and approval by the Director of Planning and Zoning. 12. Pursuant to the UDRB and Planning and Zoning Department review, the appli- cant will preserve the liner program along the Miami River, and maintain the in- tegrity of liner uses and articulation of river and street edges.