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HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit for the Royal Atlantic Project located at approximately 1001 N.W. 7th Street. CASE NO. 2003-0077 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 27 story buildings with a total of 744 multifamily residential units, 9,400 square feet of retail space, and approximately 1,073 total parking spaces. This Permit also includes the following requests: MUSP, as per Article 17 for development of 774 residential units; MUSP, as per Article 17 for parking structures of approximately 1,078 parking spaces; MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by twenty percent (20%), 132,154 square feet; 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 four loading spaces from 12 X 35 to 10 X 20; 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 I, as per Article 4, Section 401, to allow a fitness club open to the public; CLASS I, as per Article 9, Section 906.6, for active recreational facilities (including swimming pools); 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 commercial and 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 I, as per Article 9, Section 906.9, to allow for a special event namely a groundbreaking ceremony; 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 Peimit 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 East Little Havana NET District, on N.W. 7th Avenue, along the Miami River. • It is found that the subject property is located in the SD-4 (Waterfront Industrial District), of the Sportsman's Park subdivision. The applicant has submitted an application to change the current zoning to C-1 (Restricted Commercial District). • 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 access to the Metro Rail system, located 1 '/2 miles east from the subject property, across the Miami River in the Overtown District, 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 Urban Development Review Board, which recommended approval with the following conditions; relocate all service to 11th Avenue to enhance green space and remove service away from River's Edge; create a new access point to Riverwalk that is better suited at the end of 11t Avenue; re -study west elevation to break down massing of long wall on west facade; push retail wall out to the edge of building providing a wider sidewalk; remove covered walkway, remove shrubs; articulate the parking facades so that they so not look like a parking garage. 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 S234,343.78 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. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. In so far as this Major Use Special Permit includes the subordinate approval of a series of Class 1 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 1 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. 12. 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. 13. Pursuant to the UDRB's and Planning and Zoning Department's review, the applicant shall meet the following conditions; relocate all service to 11 th Avenue to enhance green space and remove service away from River's Edge; create a new access point to Riverwalk that is better suited at the end of 11 to Avenue; re -study west elevation to break down massing of long wall on west facade; push retail wall out to the edge of building providing a wider sidewalk; remove covered walkway, remove shrubs; articulate the parking facades so that they so not look like a parking garage. The Planning and Zoning Department's review resulted in design modifications which were then recommended for approval to the Planning and Zoning Director. 14. Prior to application for Public Hearing of the City Commission, the applicant shall continue to work with the City's Transportation Depai tment regarding traffic inconsistencies submitted in the applicant's traffic analysis. 15. Pursuant to the Zoning Board's decision of December 15, 2003, an approval with conditions for a change of zoning shall be added to this Major Use Special Permit. (For additional information, see the Zoning Board's Resolution of December 15, 2003)