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HomeMy WebLinkAboutMUSP Analysis• • • Analysis for Major Use Special Permit for the River Place Project located at approximately 615 SW 2nd Avenue. CASE NO. 2003-0061 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the River Place Project has been reviewed to allow a Major Use Special Permit per Articles 13 and 17, to be comprised of 455 multi -family residential units, 225,000 square feet of office space, 20,000 square feet of retail space, and approximately 1,006 total parking spaces. This Permit also includes the following requests: MUSP, as per Article 17 for development of 455 residential units; MUSP, as per Article 17 for development of 243,639 square feet of non- residential floor area; MUSP, as per Article 17 for parking structures of approximately 1,006 parking spaces; CLASS II, as per Article 6, Section 607.3.1, for development of new construction within the Central Brickell Rapid Transit Commercial -Residential District; CLASS II, as per Article 4, Section 401, for a temporary construction fence and covered walkway; CLASS II, request waiver of Parking Guides and Standards, to allow maneuvering of loading on public right-of-way; CLASS II, as per Article 15, Section 1514, for development of property located between the Miami River and the first dedicated right-of-way; CLASS II, as per Article 9, Section 908.9, for development within waterfront yard; CLASS II, as per Article 6, Section 607.8.3, to allow open space and/or residential recreation space in addition to required yards; CLASS I, as per Article 9, Section 906.6, for active recreational facilities (including swimming pools); CLASS I, as per Article 9, Section 401, to allow fitness club open to public; CLASS I, as per Section 915.2 for FAA clearance letter; CLASS I, as per Article 9, Section 925.3.8, to allow development/construction/rental signage; CLASS I, as per Article 9, Section 917.1.2, to allow valet parking for commercial and residential use; CLASS 1, as per Article 9, Section 920.1, to allow a construction trailer and watchmen's quarters; CLASS I, as per Article 9, Section 906.9 to allow for a special event namely a ground breaking ceremony; • o o VARIANCE, to waive side yard and setback from the sea wall requirements for small portion of setback located at the northeast corner of the property; VARIANCE, to waive its natural scenic beauty view corridor for a portion of the property where clearance for the view corridor is limited to approximately 31 feet. SPECIAL EXCEPTION, as per Article 6, Section 607.4.3 for drive through facilities for financial institutions and marinas; SPECIAL EXCEPTION, as per Article 9, Section 917.1.2, to allow restaurant parking facilities maintained with valet parking up to fifty percent of required off street parking spaces; PER CITY CHARTER, Section 3 (mm) (ii) and (iii) to waive side yard and setback from the sea wall requirements for small portion of setback located at northeast corner of the property; PER CITY CODE, Chapter 23-5a, Request for a Certificate of Appropriateness for ground disturbing activity in an Archeological Conservation Area. 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 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 b. the requirement to record in the Public Records a unity of title or covenant lieu of unity of title. 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. 2nd Avenue. • It is found that the subject property is located in the SD-7 (Central Brickell Rapid Transit District) of the Knowlton's Plat of Miami. • 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 and Metro Rail systems, located four blocks south and east from the subject property, 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 concems 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; the parking garage along 7th Street, so when turning the corner, must not look like a parking garage, but instead resemble the office tower with spandrel glass/shadow box; illuminating either/or systems with lighting or glazing. 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 applicable fees due prior to the issuance of a building permit. Said fees shall include deferred portion of application fees pursuant to Section 62-158, deferring any amount above the minimum application fee of $5,000.00 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. 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 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. 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. 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 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. 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 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. 11. Pursuant to the UDRB's and the Planning and Zoning Department's reviews, the applicant will need to modify the parking garage along 7th Street, so when turning the corner, must not look like a parking garage, but instead resemble the office tower with spandrel glass/shadow box; illuminating either/or systems with lighting or glazing.