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HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit for the Onyx Project located at approximately 665 and 721 N.E. 25th Street, and 720 N.E. 26th Street. CASE NO. 2003-0068 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Tuscan Place Project has been reviewed to allow a Major Use Special Permit per Articles 5, 9, 13, and 17, to be comprised of a 27 story residential building, which consist of 118 multifamily residential units, a seven story parking garage consisting of approximately 170 total parking spaces, and recreational amenities. This Permit also includes the following requests: MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by twenty percent (20%), 23,423 square feet; MUSP, as per Article 9, Section 914, a development bonus to permit an additional 35,134 square feet of floor area x $6.67 = $234,343.78 by contribution to the Affordable Housing Trust Fund; CLASS II, as per Article 6, Section 620.3.1, for a construction fence within the SD-20 overlay district; CLASS II, as per Article 6, Section 620.3.1, for development of new construction within the SD-20 overlay district; CLASS II, as per Article 9, Section 927, to allow temporary off -site parking during construction; CLASS II, as per Article 9, Section 922.1 and 923.2, a request to reduce one loading space from 12x35 to 10x20; CLASS 11, request waiver of Parking Guides and Standards, to allow maneuvering of loading on public right-of-way; CLASS II, as per Article 9, Section 908.2 for access from a public street roadway width greater than. twenty-five (25) feet; CLASS II, as per Article 15, Section 1511, for any development between Biscayne Bay and the first dedicated right-of-way; CLASS II, as per Article 6, Section 620.8, for approval of signage; CLASS I, as per Article 9, Section 925.3.8, to allow development/construction/rental signage; CLASS L as per Article 9, Section 918.2, for parking and staging of construction during construction; CLASS 1, as per Article 9, Section 918.2, for parking and staging of offsite parking for construction crews; CLASS I, as per Article 9, Section 906.6, for active recreational facilities (including swimming pools); CLASS 1, as per Article 4, Section 401, to allow a fitness club open to the public; CLASS I, as per Section 915.2 for FAA clearance letter; CLASS I, as per Article 9, Section 917.1.2 to allow valet parking for residential use; CLASS I, as per Article 9, Section 920.1, to allow a construction trailer and watchmen's quarters; CLASS I, as per Article 9, Section 920.1, to allow a trailer for construction and other temporary office uses such as leasing and sales; CLASS 1, as per Article 9, Section 906.9, to allow for a special event, namely a groundbreaking ceremony; 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 in lieu of unity of title. Pursuant to Articles 5, 9, 13, and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate peiinits 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 Planning & Zoning's Internal Design Review Committee 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 Edgewater NET District, adjacent to Biscayne Bay, located at the end of 26th and 25th Street on Biscayne Bay. • It is found that the subject property is located in the R-4 (Multifamily High Density District) and in a SD-20 (Edgewater Overlay District) of the Wofford & Johnson's Resubdivision Plat of Miami. • It is found that the project has convenient access to the Metro Mover system at the Omni Station, located approximately 1'/2 miles south from the subject property, with connections to the Metrorail Station, 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; parking garage shall be reconsidered if it does not provide the landscape coverage specified in the illustrations as submitted in UDRB; and sidewalk material shall be extended to continue across front and back of 25th Street, driveway, and ADA access. 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. 2. Pay contribution of $234,343.78 to the City of Miami Affordable Housing Trust Fund for 35,134 square feet of increased development. * (*this contribution is based on $6.67 per square foot of increased development and shall be adjusted to the coefficient in place at the time of payment.) 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 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 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 Peinnit 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. Pursuant to the UDRB's and Planning and Zoning Department's review, the applicant shall meet the following conditions; parking garage shall be reconsidered if it does not provide the landscape coverage specified in the illustrations as submitted in UDRB; and sidewalk material shall be extended to continue across front and back of 25th Street, driveway, and ADA access. The Planning and Zoning Department's review resulted in design modifications which were then recommended for approval to the Planning and Zoning Director.