HomeMy WebLinkAboutAnalysis•
•
Analysis for Major Use Special Permit for the
Avant Towers Project
located at approximately
234-272 NE 34th Street
CASE NO. 2004-061
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Avant Towers Project has been reviewed to allow a
Major Use Special Permit per Articles 5, 9, 13 and 17, to construct a 17-story mixed use
structure consisting of 114 total multifamily residential units, approximately 12,900
square feet of commercial use, and 194 total parking spaces.
This Permit also includes the following requests:
Per City Code, Chapter 36, Construction Equipment, request for waiver of noise
ordinance while under construction for continuous pours;
MUSP, as per Article 9, Section 914, a development bonus to permit a mixed
use of 22,769 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 5, Section 502, PUD districts; to increase the floor area by
twenty percent, 18,215 square feet;
SPECIAL EXCEPTION, as per Section, 915.2 for FAA Clearance letter;
CLASS II, 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 6, Section 620.3.1, for development of new construction
within the Edgewater/Omni District;
CLASS II, as per Article 4, Section 620.3.1, to allow construction fence and
covered walkway;
CLASS II, as per Article 9, Section 927, to allow temporary off -site parking during
construction;
CLASS II, as per Article 9, Section 908.2 for access from a public street roadway
width greater than 25 feet;
CLASS II, as per Article 9, Section 927, to allow temporary off -site parking during
construction;
CLASS 11, as per Article 15, Section 1512 (Waiver of Guides and Standards for
standard wall or column);
CLASS I, as per Article 9, Section 906.9 to allow for a special event namely a
ground breaking ceremony;
CLASS I, to permit staging and parking during construction (to be approved prior
to obtaining a building permit from the Department of Planning and Zoning);
CLASS I, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
CLASS I, as per Article 9, Section 920.1, to allow a construction trailer and
watchman's quarters;
CLASS 1, as per Article 9, Section 920.1, to allow a trailer(s) for construction and
other temporary offices such as leasing and sales;
CLASS I, as per Article 9, Section 917.1.2 to allow valet parking including buses
and other vehicles.
Page 1 of 4
•
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 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 residential and commercial opportunities in the Wynwood/Edgewater District,
located at Biscayne Boulevard and NE 34th Street.
• It is found that the subject property is located in the "Amended Plat of Beverly" Plat
within the Edgewater neighborhood of the City.
• It is found that the existing zoning designation for the property pursuant to the
Zoning Ordinance of the City of Miami, Florida is C-1 "Restricted Commercial" and
SD-20 "Edgewater Overlay District".
• It is found that the proposed density of the project, 134.1 units per acre, is below the
maximum 150 units per acre permitted for the 0.85-net acre site.
• It is found that on May 14, 2004, the City's Traffic Consultant, URS Corp., provided a
Review of the Traffic Impact Analysis submitted by the applicant and has found the
traffic analysis not sufficient.
• It is found that the project was reviewed by the Large Scale Development Committee
on March 23, 2004 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 an April 21, 2004, which recommended approval
(UDRB Reso. 4-21-04-6).
Page 2 of 4
•
•
• It is found that the proposed project was reviewed by Miami -Dade Public Schools in
June 2004, which stated that the requirements of the interlocal agreement for school
facility planning are not triggered since the applicant is not requesting additional
residential density over what is currently allowed the existing zoning classification.
Pursuant to the interlocal agreement, the high school serving this area of application
meets the review threshold.
• 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.
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
Page 3 of 4
•
•
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 1 Special Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Department of Planning
and Zoning with all subordinate Class 1 Special Permit plans and detailed re-
quirements 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 re-
quested activities and/or improvements listed in this development order or cap-
tioned 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
occupying future phases of this Project in the event that the future phases are
not developed, said plan shall include a proposed timetable and shall be subject
to review and approval by the Director of Planning and Zoning.
10. Pursuant to the Traffic Impact Analysis Review, the applicant is strongly en-
couraged to continue working with the City's Traffic Consultant to resolve all
outstanding Traffic Analysis issues prior to being heard by the City Commission.
11. Within 90 days of the effective date of this Development Order, record a certi-
fied 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 4 of 4