HomeMy WebLinkAboutMUSP Analysis•
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Analysis for Major Use Special Permit for the
Gallery Art Condominium Project
located at approximately
317-333 NE 24th Street and 402 NE 25th Street
CASE NO. 2004-068
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Gallery Art Condominium Project has been re-
viewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, to construct a
199-foot, 17-story high mixed use structure to be comprised of 164 total multifamily
residential units, seven office live/work units, and 208 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 5, Section 502, PUD district, to increase the floor area by
twenty percent, 25,568 square feet.
MUSP, as per Article 9, Section 914, a development bonus to permit a mixed
use of 38,352.80 square feet of floor area will be paid to the Affordable Housing
Trust Fund at the applicable rate at time of permitting;
CLASS II, as per Article 4, Section 401, to allow a construction fence and
covered walkway;
CLASS II, as per Article 10, Section 10.1, for approval of signage;
CLASS Il, 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 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;
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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 opportunities in the Wynwood/Edgewater NET District, located at
Biscayne Boulevard between and NE 24th and NE 25th Streets.
• It is found that the subject property is located in the "Dagher Village", "Edgewater"
and "Bird's" Plats within the Edgewater neighborhood of the City.
• It is found that the existing zoning designations for the property pursuant to the
Zoning Ordinance of the City of Miami, Florida are R-4 "Multifamily High Density", C-
1 "Restricted Commercial" and SD-20 "Edgewater Overlay District" and the Miami
Comprehensive Neighborhood future land use designation for the property is
Multifamily High Density and Restricted Commercial.
• It is found that the proposed density of the project is 150 units per acre, which is
below the maximum 192 units per acre permitted for the 1.28± net acre site.
• It is found that the proposed project was reviewed by the Design Review Committee
on March 30, 2004, and the following pertinent comments were made: The fact that
your project provides a set back from the existing historically designated building
(Gold Coast Pharmacy) to the west on Biscayne Boulevard is a positive contribution
of the project; The Design Review Committee compliments the architects on the at-
tempt to create an artistic solution to conceal the necessary garage on the east and
west elevations, as the committee has been encouraging applicants to develop crea-
tive design solutions for the garage components of building projects; Indicate what
the proposed slope of the garage ramp is (dimensions are shown, but no slope per-
centages), and confirm with Public Works Department as to whether cars will be
able to park on this angle of slope; The fact that the loading bays are contained
within the garage is a good solution. However, confirm with Public Works about the
feasibility of loading vehicles accessing the loading berths within the garage; Provide
a landscaping plan indicating species of all trees and shrubs proposed for the pro -
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ject and sizes at the time of planting, once this plan has been further developed;
Provide a continuous canopy of shade trees to provide shade for pedestrians along
NE 25th St. as well as NE 24th St. These shade trees shall be aligned close to the
edge of the curb in the public right of way (at no greater than 33' on center) to pro-
vide a buffer for pedestrians from vehicular traffic. Palm trees may be utilized peri-
odically as an architectural accent to the architecture of the building.
• It is found that the project was reviewed by the Large Scale Development Committee
on May 10, 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 in May 10, 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 schools serving this
area of application (Phillis Wheatley Elementary - 60% FISH Capacity, Jose De
Diego Middle — 113% FISH, and Booker T. Washington High — 60% FISH) do not
meet the review threshold.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on May 19, 2004, which recommended approval
(UDRB Reso. 5-19-04-3) with the following conditions: Apply more landscape
between the historic building to the west and the parking facade; Provide paving
material for the surface parking lot between the historic building and the drop off
area. 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 on July 7, 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 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:
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
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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 fife 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.
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 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 sub-
ject to review and approval by the Director of Planning and Zoning.
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10. Pursuant to the review of the Design Review Committee, the applicant shall
meet the following conditions: Provide a landscaping plan indicating species of
all trees and shrubs proposed for the project and sizes at the time of planting,
once this plan has been further developed; Provide a continuous canopy of
shade trees to provide shade for pedestrians along NE 25th St. as well as NE
24th St. These shade trees shall be aligned close to the edge of the curb in the
public right of way (at no greater than 33' on center) to provide a buffer for pe-
destrians from vehicular traffic. Palm trees may be utilized periodically as an
architectural accent to the architecture of the building.
11. Pursuant to the UDRB's and Planning and Zoning Department's review, the
applicant shall meet the following conditions: Apply more landscape between
the historic building to the west and the parking facade; Provide paving mate-
rial for the surface parking lot between the historic building and the drop off
area.
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.
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