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HomeMy WebLinkAboutMUSP Analysis• • • Analysis for Substantial Modification to a Major Use Special Permit for the Metropolitan Project located at approximately 300 & 200 S.E. 3rd Street and 200 S.E. 2nd Street CASE NO. 2004-017 Consideration of a resolution, approving with conditions, a Substantial Modification to a Major Use Special Permit, Resolution No. 02-1249, pursuant to Articles 13, 17, and 22 of Zoning Ordinance No. 11000, as amended, for Metropolitan Project located at approxi- mately 300 & 200 S.E. 3rd Street and 200 S.E. 2nd Street, Miami, Florida, to relocate the residential building on "Parcel B" approximately eight feet south of the approved location to allow for the right-of-way dedication with the City's desired realignment of S.E. 3rd Street. This Permit also includes the following requests: SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, per Article 17, Section 1701, and Article 22 of City of Miami Zoning Ordinance 11000, as amended, to allow a change in the original permit (substantial modification to previously approved Resolution No. 02-1249). Said change does not affect approved non-residential floor area of approximately 240,000 square feet, parking structures consisting of approximately 4, 284 spaces, and 1,500 residential units. VARIANCE of Section 401 of the Zoning Code to permit setback of 0 feet from SE 4`h Street where 5 feet is required. ALL previous approvals granted by Resolution No. 02-1249 to remain unchanged except as stated above. Pursuant to Articles 13, 17, and 22 of Zoning Ordinance 11000, approval of the requested a Substantial Modification to a 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: Page t of 4 • It is found that the proposed mixed-use/residential development project will benefit the Downtown area, and more particularly the Central Business District, by creating new housing opportunities on the north side of the Miami River within downtown. • It is found that the subject property has convenient access to the Central Business District, the Miami River, Biscayne Bay, Bayfront Park and the Metro Mover system that makes it ideally suited for residential and retail as a mixed use to serve the area. • 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 proposed project was reviewed for design appropriateness by the Urban Development Review Board and the Planning and Zoning Department; the staff review resulted in design modifications which were then recommended for approval to the Planning and Zoning Director with additional conditions as listed in the Development Order. • On February 23, 2004, the Zoning Board approved Variance Request 2004-0765 to allow a setback of zero (0) feet from S.E. 4th Street where five (5) feet is required. • 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. 2. Pay all applicable fees due prior to the issuance of a building permit. 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 rec- ommendations, if any, have been incorporated into the Project security and con- struction 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 in- dicating 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 projection and life safety systems, exiting, vehicular access and water supply. Page 2 of 4 • 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 Con- tractor/Subcontractor Participation Plan) as submitted to the City's Planning & Zoning Department. 7. Record the following in the Public Records of Dade County, Florida, prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, 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 in perpetuity. 8. Prior to the issuance of a shell permit, demonstrate to the City that the condomin- ium documents have been filed with the State of Florida; or (b) 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 Public Works with plans for proposed sidewalk and swale area improvements (including implementation of the Burle Marx Plan for Biscayne Boulevard) for its review and approval prior to the issuance of a build- ing permit. 10. Provide the Department of Planning and Zoning with a temporary parking plan, including an operational plan, which addresses construction employee parking during the construction period, said plan shall include an enforcement plan and 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. 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 the Department of Planning and Zoning. 12. The Applicant shall follow the Archeological Management Plan, approved on November 19, 2002 (Resolution # 2002-68) by the Historic and Environmental Preservation Board, during the development process. 13. Within 90 days of the effective date of this Development Order, record a certified copy of the Development Order specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. Page 3 of 4 • • • 14. Given the significance of the subject properties in the heart of the downtown area, the Applicant shall provide for decorative construction fencing while the project is being built; design of such fencing shall be subject to review and approval by the Director of Planning and Zoning. 15. The Applicant shall continue to work with the Planning and Zoning Department to address design issues related to the building rooftops in order to address concerns associated with the final building elevations and consistency of architectural ele- ments; and with regards to trying to reduce the depicted curb cut for the proposed service and vehicular access to the building on the north side. Page 4 of 4