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HomeMy WebLinkAboutMUSP Analysis• Analysis for Substantial Modification to a Major Use Special Permit for the Metropolitan Miami project located at approximately 300 & 200 SE 3fd Street and 200 SE 2" Street CASE NO. 2004-044 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Metropolitan Miami Project has been reviewed to approve with conditions, a Substantial Modification to a Major Use Special Permit, Reso- lution No. 98-1151, pursuant to Articles 17 and 22 of Zoning Ordinance No. 11000, as amended, for Metropolitan Project located at approximately 300 & 200 S.E. 3rd Street and 200 S.E. 2" Street, Miami, Florida, to allow a change in the original application from 227,625 square feet of non-residential floor area and 4,284 parking spaces (as modified by Resolution No. 02-1249) to approximately 736,700 square feet and 3,716 parking spaces; and to preserve the 1,500 dwelling units approved pursuant to Resolution No. 02- 1249. 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 application (substantial modification to previously approved Resolution No. 98-1151) from 227,625 square feet nonresidential floor area (as modified by Resolution No. 02-1249) to approximately 736,700 square feet. 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 application (substantial modification to previously approved Resolution No. 98-1151) from parking structures consisting of 4,284 spaces (as modified by Resolution No. 02-1249) to approximately 3,716 spaces. MAJOR USE SPECIAL PERMIT, per Article 17, Section 1701, and Article 22 of City of Miami Zoning Ordinance 11000, as amended, to preserve the 1,500 dwelling units approved pursuant to Resolution No. 02-1249. This Peu uit also includes the following requests: SPECIAL EXCEPTION, as per Article 4, Section 401, to allow for bars, saloons, taverns and/or supper clubs; SPECIAL EXCEPTION, as per Article 9, Section 915.2 for FAA Clearance letter; Page 1 of 5 • • • CLASS 11, as per Article 9, Section 922.4(c), to allow maneuvering of trucks on public rights of way; CLASS II, as per Article 9, Section 906.6, for pool/outdoor recreation area; CLASS II, as per Article 9, Section 906.9, to allow for a special event namely a ground breaking ceremony; CLASS II, as per Article 4, Section 401, to allow for child day care facilities; CLASS II, as per Article 9, Section 922.4(d), to allow backing into a street; CLASS II, as per Article 4, Section 401, for development of new construction within the Central Business District; CLASS 11, as per Article 9, Section 908.2, for access from a public street roadway width greater than 25 feet; CLASS 11, as per Article 4, Section 401, to approve open space and/or residential recreation space as shown on the plans; CLASS II, as per Article 4, Section 401, to allow for wholesale activities at the ground floor level along designated primary pedestrian pathways so long as ground floor footage consists of a retail or open to the public component; CLASS II, as per Article 4, Section 401, to allow for parking garages; CLASS II, as per Article 4, Section 401, to allow for outdoor eating areas, outdoor cafes, outdoor display and sale of food or live flowers and plants; CLASS II, as per Article 9, Section 922.8 to allow for combined off-street loading facilities; CLASS II, as per Article 9, Section 903.1, to allow development of project divided by a street. CLASS 11, as per Article 4, Section 401, for temporary construction fence and covered walkway within the Central Business District; CLASS I Special Permit, as per Article 9, Section 925.3.8, to allow development/construction/rental signage; CLASS I Special Permit, as per Article 9, Section 918.2, for parking and staging during construction; CLASS I Special Permit, as per Article 9, Section 920.1, to allow a construction trailer and watchman's quarters for construction and other temporary office uses such as leasing and sales; PER CITY CODE, Chapter 36, Construction Equipment, request for waiver of noise ordinance while under construction for continuous pours; PER CITY CODE, Chapter 4, designation of the entertainment retail center located at the NE comer of SE 3rd Avenue and SE 4th Street as retail specialty center as that term is defined in Section 4-2; PER CITY CODE, Chapter 23-5(a), Request for a Certificate of Appropriateness for grounds disturbing activity in an Archaeological Conservation Area; Designation as a phased project, pursuant to Section 2502 of Zoning Ordinance No. 11000. ALL previous approvals granted by Resolution Nos. 98-1151 and 02-1249 to remain unchanged except as stated above. Page 2 of 5 • • 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 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), the Urban Development Review Board (UDRB) 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 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 recent significant discoveries were unearthed at the project site. These discoveries were discussed at the Historical and Environmental Protection Board (HEPB) meeting of April 20, 2004. • 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. Page 3 of 5 • to • • It is found that the City's Traffic Consultant, URS Corp., provided a Traffic Impact Analysis Review on April 2, 2004 and is currently reviewing the revised Traffic Analysis submitted in response by the applicant in May 2004. • 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: 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. 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 Page 4 of 5 • • • 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 (HEPB), during the development process. 13. In light of the recent significant discoveries, the Applicant shall follow the condi- tions of HEPB Reso 2002-68 and submit to the HEPB for review. Project shall have to be reviewed by the HEPB prior to going before the City Commission. 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. 16. 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 5 of 5