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HomeMy WebLinkAboutMUSP Analysis• • • Analysis for Major Use Special Permit for the Hurricane Cove Project located at approximately 1818 NW North River Drive and 1884 NW North River Drive CASE NO. 2004-027 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Hurricane Cove Project has been reviewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, to be of comprised of three buildings containing 1,073 multifamily residential units with recreational amenities, 2,500 square feet of restaurant, 2,500 square feet of marine retail, a 130-slip commercial marina, and approximately 1,737 total parking spaces. This Permit also includes the following requests: MUSP, as per Article 17 for development of 1,073 residential units; MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by twenty percent, 155,900 square feet; MUSP, as per Article 9, Section 914, a development bonus to permit a mixed use of 176,550.39 square feet of floor area will be paid to the Affordable Housing Trust Fund at the applicable rate at time of permitting; MUSP, as per Article 17 for parking structures of approximately 1,737 parking spaces; SPECIAL EXCEPTION, as per Article 9, Section 917.1.2, to allow restaurant parking facilities maintained with valet parking up to fifty percent of required off street parking spaces; 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 waive and modify backup and dimensions of standard from 23 feet to 21 feet; CLASS I, as per Article 9, Section 925.3.8, to allow development/construction/rental signage; CLASS I, as per Article 9, Section 918.2, for parking and staging 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 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 watchman's quarters; Page 1 of 4 • • 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 ground breaking ceremony; Note: Designation as a phased development pursuant to Section 2502 of Ordinance No. 11000. 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 petniit: 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 residential opportunities in the Allapattah NET District, located along NW North River Drive between NW 17th Avenue and NW 22'd Avenue. • It is found that the subject property is located in the SD-4 (Waterfront Industrial District) of the Riversedge, Pirates Cove, Riverfront and Valentine Plats within the Curtis Park region of the City. The applicant has submitted an application to change the current zoning to C-1 (Restricted Commercial District). • It is found that the project has convenient access to the Metrorail system, located approximately 3/4-mile (Civic Center Station) east of the subject property, for efficient use of existing mass transit systems. Page 2 of 4 • • • It is found that the Traffic Impact Analysis still has yet to be approved in final form by the City Transportation Department or the City's consultant, URS Corp, as stated in the URS correspondence dated February 23, 2004. • 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 was reviewed by the Large Scale Development Committee on July 23, 2003 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 on December 17, 2003, which recommended approval with the following condition; Single pale tint color for the glass. The Planning and Zoning Department's review resulted in design modifications that 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. 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. Page 3 of 4 • • • 5. 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. 6. Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP permit resolution and development order, and further, 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. 7. 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. 8. In so far as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Peiinits 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. 9. 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. 10. Prior to application for Public Hearing of the City Commission, the applicant shall continue to work with the City's Transportation Department regarding the resolv- ing of all the traffic issues related to this project. 11. Pursuant to the UDRB's and Planning and Zoning Department's review, the ap- plicant shall meet the following condition: Single pale tint color for the glass. 12. The Applicant shall follow the Archeological Management Plan approved on Oc- tober 21, 2003 (Resolution # 2003-63) by the Historic and Environmental Preser- vation Board during the development process. Page 4 of 4