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HomeMy WebLinkAboutMUSP AnalysisAnalysis for Major Use Special Permit for the Tuscan Place Project located at approximately 501 N.W. 7tn Avenue; 600, 658, and 670 N.W. 6th Street; 621, 625, 635, 637, and 647 N.W. 5tb Street. CASE NO. 2003-0067 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, 13, and 17, to be comprised of two residential towers, which consist of 374 total multifamily residential units, a parking garage consisting of approximately 515 parking spaces, and recreational amenities. This Permit also includes the following requests. MUSP, as per Article 17 for development of 374 residential units; MUSP, as per Article 17 for parking structures of approximately 515 parking spaces; MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by 7.5% of the allowed twenty percent (20%), approximately 349,137 total square feet; CLASS Il, as per Article 9, Section 927, to allow temporary off-site parking during construction; CLASS II, as per Article 9, Section 908.2, for access from a public street roadway width greater than twenty-five feet; CLASS 1I, as per Article 9, Section 922.1 and 923.2, a request to reduce loading spaces from 12 X 35 to 10 X 20; CLASS II, as per Article 4, Section 401, for temporary construction fence and covered walkway; CLASS I, as per Article 9, Section 925.3.8, to allow development/construction/rental signage; CLASS 1, as per Article 9, Section 918.2, for parking and staging of offsite parking for construction crews; CLASS 1, as per Article 9, Section 906.6, for active recreational facilities; CLASS I, as per Article 9, Section 920.1, to allow a construction trailer and watchmen's quarters; CLASS 1, as per Article 9, Section 920.1, to allow a trailer for construction and other temporary office uses such as leasing and sales; CLASS I, as per Article 9, Section 906.9, to allow for a special event namely a ground breaking ceremony; SPECIAL EXCEPTION, as per City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Scheduled District Regulations, to allow multifamily residential structure of high density equal to R-4 in the C-2/ Liberal Commercial District.; SPECIAL EXCEPTION, as per City of Miami Zoning Ordinance 11000 as amended, Article 9, Section 917.7.2, to allow a reduction in parking requirements for a multifamily residential development when located in Community Revitalization Districts (CRD); PER CITY CODE, Chapter 23-5a, Request for a Certificate of Appropriateness for ground disturbing activity in an Archeological Conservation Area; Designation as a phased project, pursuant to Section 2502 of Zoning Ordinance 11000, as amended; 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, 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 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 Overtown NET District, '/2 black from the Miami River and the 5th Street Bridge on N.W. 7`h Avenue, between N.W. 6" Street and N.W. 5�' Street. • It is found that the subject property is located in the C-2 (Liberal Commercial District) of the Adriance Square subdivision; a farmer portion of Knowlton's Plat of Miami. • It is found that the proposed project is located within an Archeological Conservation area and is therefore subject to a Certificate of Appropriateness for any ground disturbing activity within the designated area. • It is found that the project has convenient access to the Metro Rail system, located 1 %2 miles east from the subject property, with connections to the Metro 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 Planning & Zoning's Internal Design Review Committee, which recommended approval with the following conditions; articulate the parking garage facade, surface parking opposite the lawn, and the driveway from the street by providing sufficient landscaping, and/or architectural element(s) to hide the surface parking from public view; relocate the loading area, or provide landscaping and/or architectural element(s) to minimize the impact of this condition. • 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. Pursuant to the Department of Public Works, replatting shall be required; the Applicant 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 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. The Applicant shall seek a recommendation from the Historic and Environmental Preservation Board for a Certificate of Appropriateness for ground disturbing ac- tivity within an Archeological Conservation area prior to the City Commission's consideration of this Major Use Special Permit; therefore the Applicant shall fol- low the Archeological Management Plan approved by the Historic and Environ- mental Preservation Board during the development process. 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 plants 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 Planning & Zoning's Internal Design Review Committee, the applicant will need to articulate the parking garage fagade, surface parking opposite the lawn, and the driveway from the street, by providing sufficient landscaping, and/or architectural element(s) to hide the surface parking from public view; relocate the loading area, or provide landscaping and/or architectural element(s) to minimize the impact of this condition.