HomeMy WebLinkAboutAnalysis MUSP ModifAnalysis for Major Use Special Permit
for the
SoHo Project
located at approximately
601, 611, 613, and 615 NE 23rd Street
CASE NO. 2004-091
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the SoHo project has been reviewed to allow a Major
Use Special Permit per Articles 9, 13 and 17, to construct a residential structure to be
comprised of approximately 95 total multifamily residential units with recreational ameni-
ties and approximately 142 total parking spaces.
This Permit also includes the following requests:
MUSP, per Article 17, for development of 95 residential units;
MUSP, as per Article 9, Section 914, a development bonus of 17,277 square feet
of additional floor area, and to pay into the Affordable Housing Trust Fund an
amount of $12.40 per square foot = $152,234.80;
Variance, pursuant to the City of Miami Zoning Ordinance 11000, as amended,
Article 4, Section 401, Schedule of District Regulations, required front and side
street yard.
South Front Required 20 feet
Proposed 5 feet
Request to Waive 15 feet
North Front Required 20 feet
Proposed 10 feet
Request to Waive 10 feet
Note: variance requested for both street frontages
Variance, pursuant to the City of Miami Zoning Ordinance 11000, as amended,
Article 4, Section 401, Schedule of District Regulations, residential loading berth
required yard set back.
All residential loading berths shall be located away from base building line of the
proposed loading berth area at a distance equal to at least the length of the
required loading berth.
Required 20 feet
Proposed 0 feet
Requesting to Waive 20 feet
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow a
construction fence and covered walkway;
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CLASS II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2, a
request to reduce four loading spaces from 12' x 35' and reduce to two 10' x 20'
loading spaces;
CLASS II SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer(s)
for construction and other temporary offices such as leasing and sales;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to allow waiver of
parking guides and standards for required back up space from 23 feet to 22 feet;
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special
event namely a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, to permit staging
and parking during construction;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a
construction trailer and watchman's quarters;
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
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 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
additional residential opportunities in the Wynwood/Edgewater NET District, located
east of Biscayne Boulevard at NE 23rd Street.
• It is found that the subject property is located in the "Shorelawn" 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 R-4 "Multi -Family High Density Residential"
with a SD-20 "Edgewater Overlay Zoning Districts".
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• It is found that the proposed density of the project is 148 units per acre, which is
below the 150 units per acre maximum on the 0.64± net acre site.
• Pursuant to Article 9, Section 914, the proposed project is requesting a development
bonus of 17,277 square feet of additional floor area, and shall pay into the Affordable
Housing Trust Fund an amount of $12.40 per square foot = $152,234.80.
• It is found that the proposed project was reviewed by the Design Review Committee
on May 18, 2004, and the following pertinent comments were made: (1) The
provision of townhouses fronting the street is a positive urban contribution of the
project. Entry from the second level, if necessary to comply with FEMA requirements
is acceptable; (2) The addition of windows above the garage entry on NE 23rd St.,
and in the lower unoccupied levels beneath the townhouses, presents an improved
solution to the facade on this street; (3) Indicate the proposed materials for the
facades of the building, and clarify if the new openings on the NE 23rd St. facade are
windows, as they appear to be in the elevation drawings; (4) The revised proportions
of the garage openings are more vertical and residential in character and are an
improvement over the previous submittals; (5) It is critical that parked cars be hidden
from view. Provide details of the materials proposed to cover the garage openings,
and indicate how all vehicles will be concealed from view; and (6) The revised
landscaping plan presented is appropriate. 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 a review of the proposed project was provided by Miami -Dade Public
Schools on July 13, 2004. The student population generated by this development is
estimated at 21 students. The schools serving this area of application are Phillis
Wheatley Elementary - 61 % FISH Capacity with the proposed project, Jose de Diego
Middle — 128% FISH, and Booker T. Washington Senior High - 57% FISH. Pursuant
to the interlocal agreement, Jose de Diego Middle School meets the review threshold
of 115% and shall need to enter dialogue with the Miami -Dade School District.
• It is found that the project was reviewed by the Large Scale Development Committee
on July 13, 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 on July 21, 2004, which recommended approval
(UDRB Reso. 7-21-04-4) with the following conditions: The area above the garage
entry be re -studied to improve the fenestration and that it possibly be a useful space.
Whatever articulation is done on the facade, whatever changes that are done to the
plan go to staff and the staff review it with the idea that the opening should not be
remedial but serve a purpose or articulate the facade that in a way makes more
sense.
• It is found that on September 17, 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 sufficient.
• It is found that the proposed project was reviewed for two variances: (1) Required
front and side street yard — to allow a south front setback of 5'-0" (20'-0" required),
and a north front setback of 10'-0" (20'-0" required); and (2) Residential loading berth
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required yard setback, to allow a yard setback of 0'-0" (20'-0" required) by the Miami
Zoning Board at its meeting of October 18, 2004, Item No. 6, which
RECOMMENDED DENIAL by a vote of five to four (5-4), requiring City Commission
approval.
• 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 including the required Affordable Housing Trust fund
contribution of $12.40 per square foot for any applicable FAR increase sought
under those provisions.
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. Record the following in the Public Records of Dade County, Florida, prior to the
issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy,
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 in perpetuity.
7. 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,
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record able 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.
8. 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.
9. 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.
10. 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.
11. Pursuant to the review of the Design Review Committee, the applicant shall
meet the following conditions: (a) Indicate the proposed materials for the fa-
9ades of the building, and clarify if the new openings on the NE 23rd St. facade
are windows, as they appear to be in the elevation drawings; (b) It is critical
that parked cars be hidden from view. Provide details of the materials pro-
posed to cover the garage openings, and indicate how all vehicles will be con-
cealed from view; final solution shall be subject to review and approval by the
Planning Director prior to the issuance of a Building Permit.
12. Pursuant to the UDRB's and Planning and Zoning Department's review, the
applicant shall meet the following conditions: The area above the garage entry
shall be redesigned to improve the fenestration and if possible to be utilized as
liner; final solution shall be subject to review and approval by the Planning Di-
rector prior to the issuance of a Building Permit.
13. That the accompanying requested applications for the Variances for this prop-
erty are approved by the City Commission.
14. A development bonus to permit a mixed use of 17,277 square feet of floor area
will require payment to the Affordable Housing Trust Fund an amount of $12.40
per square foot = $152,234.80 at the time of building permit.
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15. 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.
16. The Applicant shall continue to work on the northern elevation of the NE 23rd
Terrace frontage to provide better articulation consistent with the remainder of
the building; subject to review and approval by the Planning Director.
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