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HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit for the The Loft 2 Project located at approximately 133 NE 2nd Avenue, 226 NE 2nd Street and 236 NE 2nd Street CASE NO. 2004-073 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for The Loft 2 Project has been reviewed to allow a Major Use Special Permit per Articles 13 and 17, to construct a 433-foot, 35-story high mixed use structure to be comprised of 496 total multifamily residential units, 4,675 square feet of retail, with up to 500 parking spaces to be provided in the City of Miami Parking Ga- rage No. 3, located at 190 NE 3rd Street. This Permit also includes the following requests: MUSP, as per Article 17 for development of 516 residential units; CLASS II, as per Article 9, Section 918.2, to permit offsite parking without limitation on percentage of required number of spaces or maximum distance from principle use; CLASS II, as per Article 4, Section 401, to allow a 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 twenty-five feet; CLASS I, as per Article 9, Section 906.9, to allow for a special event namely a ground breaking ceremony; CLASS I, as per Article 9, Section 906.6, for active recreational facilities (including swimming pools); CLASS I, as per Article 9, Section 918.2, 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 917.1.2 to allow valet parking for residential use; 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 I, as pre Article 9, Section 920.1, to allow a trailer(s) for construction and other temporary offices such as leasing and sales; REQUEST for applicable MUSP conditions to be required at the time of shell permit instead of at issuance of foundation permit; 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 Page 1 of 5 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 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 at the intersection of NE 2nd Street and NE 2nd Avenue. • It is found that the subject property is located in the "Miami North" Plats within the CBD 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 CBD "Central Business District Commercial." • It is found that the proposed density of the project is 598 units per acre, which is below the maximum 1,000 units per acre permitted for the 0.83± net acre site. • It is found that the project has convenient access to the Metromover system at the First Street Station, which is underneath the span of the project, for efficient use of existing mass transit systems. • It is found that the applicant has entered into a lease agreement with the Miami Parking Authority for the use of up to 500 parking spaces in the City of Miami Parking Garage No. 3 (capacity 1,450), located at 190 NE 3rd Street, a copy of which is attached. The project will offer full valet service, 24 hours a day. • It is found that the proposed project was reviewed by the Design Review Committee on April 20, 2004, and the following pertinent comments were made: Include the his- torically designated building to the south of the proposal in the west elevation draw- ing of the proposal, in order to view the relationship between the two buildings; The building addresses the street frontages and the corner well, and responds to a pe- destrian scale, by providing retail and lobby space with access from NE 2nd Ave. and NE 2nd St; However, the proposed loading arrangement in which loading vehicles must reverse from the city streets is inappropriate. Consider as an alternative a pass -through loading condition where vehicles pass through the block in a one-way travel lane between NE 1st St. and NE 2nd St., or between NE 2nd Ave. and NE 2nd St., if access is permitted underneath the Metro Mover line; Re -consider the place- ment of the swimming pool on the ground level. This recreation area will almost never receive sunlight because of the tall height of the surrounding urban buildings. Consider providing additional retail or open space in this area, and locating the Page 2 of 5 swimming pool on the upper level; The committee would like to commend the appli- cant for the creative design approach of bridging over the Metro Mover. Consider designing the blank walls facing the Metro Mover station as art walls to provide inter- est for those on the station and add an exciting design feature to the building; The building has an appropriate scale and massing and is provided with a good amount of transparency through windows and balcony openings; The shade trees proposed along NE 2nd St. and NE 2nd Ave. are appropriately placed to provide shade for pe- destrians and provide a buffer between the pedestrian and vehicular realms; The committee would like to commend the applicant on the use of shared offsite parking from the adjacent lot in order to develop the proposed building on the site without the need for the construction of a new parking garage; Consider relocating the proposed staff parking spaces on the southern portion of the site to the offsite parking area and utilize this area as additional retail or open space. • It is found that the project was reviewed by the Large Scale Development Committee on June 22, 2004 to address the expressed technical concerns raised at said Large Scale Development Committee meeting. • It is found that a review of the proposed project was provided by Miami -Dade Public Schools on June 22, 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. The student population generated by this development is estimated at 109 students. Pursuant to the interlocal agreement, the schools serving this area of application (Riverside Elementary - 147% FISH Capacity with the proposed project, Jose De Diego Middle — 130% FISH) meet the review threshold of 115%. Booker T. Washington High (58% FISH) does not meet the review threshold. • It is found that on June 22, 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 proposed project was reviewed for design appropriateness by the Urban Development Review Board on July 21, 2004, which recommended approval (UDRB Reso. 7-21-04-5) with the following conditions: Work with staff to create a curb cut design that allows for stacking, loading and unloading, and valet service along the street; Making the base element vocabulary consistent with the architecture of the building; Make the transition from the base and the opening with the remaining portion of the tower consistent with those proportions; Simplify the top of the building to make it read stronger against the skyline. 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 proposed project is not located in an Archeological Conservation area and is not required to undergo Historic and Environmental Preservation Board (HEPB) review. • 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: Page 3 of 5 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 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 Page 4 of 5 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 sub- ject to review and approval by the Director of Planning and Zoning. 10. Pursuant to the review of the Design Review Committee, the applicant shall meet the following conditions: Consider as an alternative a pass -through load- ing condition where vehicles pass through the block in a one-way travel lane between NE 1st St. and NE 2nd St., or between NE 2nd Ave. and NE 2nd St., if access is permitted underneath the Metro Mover line; Re -consider the place- ment of the swimming pool on the ground level. This recreation area will almost never receive sunlight because of the tall height of the surrounding urban build- ings. Consider providing additional retail or open space in this area, and locat- ing the swimming pool on the upper level; Consider relocating the proposed staff parking spaces on the southern portion of the site to the offsite parking area and utilize this area as additional retail or open space. 11. Pursuant to the UDRB's and Planning and Zoning Department's review, the applicant shall meet the following conditions: Work with staff to create a curb cut design that allows for stacking, loading and unloading, and valet service along the street; Making the base element vocabulary consistent with the archi- tecture of the building; Make the transition from the base and the opening with the remaining portion of the tower consistent with those proportions; Simplify the top of the building to make it read stronger against the skyline. 12. 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 Commis- sion. 13. 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 5 of 5