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HomeMy WebLinkAboutMUSP AnalysisAnalysis for Major Use Special Permit for the The Blue on Coral Way Project located at approximately 3170 S.W. 22nd Street and 3163, 3165, and 3175 S.W. 22nd Terrace. CASE NO. 2004-004 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for The Blue on Coral Way Project has been reviewed to allow a Major Use Special Permit per Articles 5, 9, 13, and 17, to be comprised a 20 story mixed use building, which consists of 190 total multifamily residential units, 4,135 square feet of retail space, 4,100 square feet of open recreational space with rec- reational amenities, and a parking garage consisting of approximately 331 total parking spaces. 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%), 25,668 square feet; MUSP, as per Article 9, Section 914, a development bonus to permit an additional 32,053 square feet of floor area x $6.67 = $213,794.00 by contribution to the Affordable Housing Trust Fund; CLASS II, as per Article 6, Section 623.3.1, for a construction fence within the SD-23 overlay district; CLASS II, as per Article 6, Section 623.3.3, for development of new construction within the SD-23 overlay district; CLASS II, as per Article 9, Section 927, to allow temporary off -site parking during construction; 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 1, as per Article 9, Section 918.2, for parking and staging of construction during construction; CLASS I, 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; VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Schedule of District Regulations, in required front yard, an upper level setback. Required: 30 feet front yard upper level setback Proposed: 10 feet front yard upper level setback Request to waive 20 feet front yard upper level setback VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Schedule of District Regulations, in maximum allowed building footprint. Maximum allowed building footprint: 29,846 square feet Proposed: 39,000 square feet of building footprint Request to waive 9,154 square feet of building footprint VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Schedule of District Regulations, in required front yard. Required: 10 feet front yard setback (arcade) Proposed: 0 feet front yard setback Request to waive 10 feet front yard setback 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 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 Coral Way NET District, located along Coral Way between S.W. 31' and 32nd Avenues and adjacent to S.W. 22 Terrace. • It is found that the subject property is located in the C-1 (Restricted Commercial District), R-2 (Two -Family Residential), and in a SD-23 (Coral Way Overlay District) of the Miami Suburban Acres Plat of Miami. It is noted that the applicant has applied and was approved for a zoning change for the lots 28, 29, 30, and 31 located along S.W. 22 Terrace from R-2 (Two -Family Residential) to C-1 (Restricted Commercial) at the December 15, 2003 Zoning Board Meeting. The applicant had also applied for a land use change from Duplex to Restricted Commercial, which is attached to this application. • It is found that the project has convenient access to the Metro Rail system at the Coconut Grove Station, located approximately three miles south from the subject property, with connections to the Metro Mover Stations, 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 condition that the townhouses shall remain as residential and commercial shall be limited to C-1 along Coral Way to the ground floor as shown in plans presented to UDRB on June 18, 2003. 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 $213,794.00 to the City of Miami Affordable Housing Trust Fund for 32,053 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 Dep.' nent 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 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. Pursuant to the UDRB's and Planning and Zoning Department's review, the applicant shall meet the following condition that the townhouses shall remain as residential and commercial shall be limited to C-1 along Coral Way to the ground floor as shown in plans presented to UDRB June 18, 2003. 11. Pursuant to the Traffic Analysis Review, the applicant shall revise their Traffic Analysis Study to eliminate any inconsistencies in their methodology. The applicant shall also meet FDOT's requirements regarding driveway spacing standards and promote the use of transit facilities as well as encouraging car/van pooling.