HomeMy WebLinkAboutMUSP Analysis•
Analysis for Major Use Special Permit for the
900 Biscayne Project
located at approximately
900, 928, 944 Biscayne Boulevard and 901, 929, 951 NE 2nd Avenue
CASE NO. 2004-059
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the 900 Biscayne Project has been reviewed to allow a
Major Use Special Permit per Articles 9, 13 and 17, to construct a 65-story mixed use
structure to be comprised of 516 total multifamily residential units, approximately 83,579
square feet of commercial, office space, and restaurant, and 1,114 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 17 for parking of approximately 1,114 parking spaces;
MUSP, as per Article 17 for development of 516 residential units;
CLASS 11, as per Article 9, Section 906.6, for pool/outdoor recreation area;
CLASS 11, as per Article 6, Section 606.3.2, for development of new construction
within the Central Commercial Residential District;
CLASS 11, as per Article 4, Section 401, to allow a construction fence and
covered walkway;
CLASS 11, 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 1, to permit staging and parking during construction (to be approved prior
to obtaining a building permit from the Department of Planning and Zoning);
CLASS 1, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
CLASS 1, as per Article 9, Section 920.1, to allow a construction trailer and
watchman's quarters;
CLASS 1, as pre Article 9, Section 920.1, to allow a trailer(s) for construction and
other temporary offices such as leasing and sales;
CLASS 1, as per Article 9, Section 917.1.2 to allow valet parking for other uses;
REQUEST for applicable MUSP conditions to be required at the time of shell
permit instead of at issuance of foundation permit;
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
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b. the requirement to record in the Public Records a unity of title or covenant in lieu
of unity of title.
Pursuant to Articles 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 Downtown NET District, located
on Biscayne Boulevard and NE 9th Street.
• It is found that the subject property is located in the "City of Miami" Plat within the
Parkwest 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 SD-6 "Central Commercial
Residential".
• It is found that the project has convenient access to the Metro Mover system at the
Park West Station, located adjacent to the west from the subject property, for
efficient use of existing mass transit systems.
• It is found that the proposed density of the project is 300 units per acre, which is well
below the maximum 500 units per acre permitted for the 1.72-net acre site.
• it is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on April 21, 2004, which recommended approval
(UDRB Reso. 4-21-04-4) with the following condition: The garage facade detail
approved as presented. 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 the project was reviewed by the Large Scale Development Committee
on April 27, 2004 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that the proposed project was reviewed by the Historical and
Environmental Protection Board on May 18, 2004 which approved (HEPB 2004-35) a
Certificate of Appropriateness for ground disturbing activity involving new
construction within an Archaeological Conservation Area subject to the following
condition: Archeological testing and monitoring during ground disturbing activity shall
be performed in accordance with the survey of the project parcel. Once the asphalt
has been removed, shovel test holes and additional testing, where relevant, are
recommended, as outlined in the report, to check for solution holes.
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• 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 middle school serving this area of
application meets the review threshold.
• It is found that on June 10, 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 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
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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 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 I 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. The Applicant shall follow the conditions of approval of the Certificate of
Appropriateness by HEPB Resolution # 2004-35 during the development
process: Archeological testing and monitoring during ground disturbing activity
shall be performed in accordance with the survey of the project parcel. Once
the asphalt has been removed, shovel test holes and additional testing, where
relevant, are recommended, as outlined in the report, to check for solution
holes.
12. 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.
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