HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit
for the
Capiro Tower
located at approximately
300 SW 12th Avenue; 1220 & 1244 SW 3rd Street;
and 1217, 1229 & 1247 SW 4th Street
CASE NO. 2004-094
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Capiro Tower has been reviewed to allow a Major
Use Special Permit per Articles 5, 9, 13 and 17, to construct a 150-foot, 15-story mixed
use structure to be comprised of approximately 328 total multifamily residential units
with recreational amenities, approximately 10,000 square feet of retail space, and ap-
proximately 543 total parking spaces.
This Permit also includes the following requests:
MUSP, per Article 17, Section 1701, to permit residential in excess of two
hundred (200) dwelling units, with proposed 328 units;
MUSP, as per Article 17 for development to provide parking in excess of 500
spaces or more with proposed 543 parking spaces;
MUSP, as per Article 9, Section 914, a development bonus of 45,419.1 square
feet of additional floor area, and to pay into the Affordable Housing Trust Fund
an amount of $12.40 per square foot = $563,196.84;
MUSP, as per Article 5, Section 502, PUD District, to increase the floor area by
twenty percent for a total of 36,355.28 sq ft of bonus;
As per 614.3.5.2, Allowable increase in floor area in SD-14 at pedestrian -
oriented streets
1. Pedestrian open space 39,198 sq. feet
2. Mixed use buildings 10,000 sq. feet
3. Theaters restaurant, museums at ground level 29,398.5 sq feet
CLASS II SPECIAL PERMIT, as per Article 6, Section 614.3.1 to permit new
construction in the SD-14 and SD-14.1 Districts;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor
eating areas;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
CLASS II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2, a
request to reduce two loading spaces from 12 x 35 to four 10 x 20;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver
of City of Miami Parking Guides and Standards for reduction of required backup
space for parking.
Required 23 feet
Proposed 22 feet
Request to waive one foot
CLASS II SPECIAL PERMIT, as per Article 6, Section 614, for temporary
construction fence and covered walkway;
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CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver
of City of Miami Parking Guides and Standards for reduction of the required
extra one (1) foot where a side of a parking stall abuts a wall;
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, for parking and
staging of construction 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 920.1.2, to allow a
temporary sales office trailer;
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 provide a letter of assurance for the Solid Waste
Department; and
b. 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
c. The requirement to record in the Public Records a unity of title or covenant in
lieu of unity of title.
Per City Code, Chapter 36, Construction Equipment Request for waiver of noise
ordinance while under construction for continuous pours.
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
additional residential opportunities in the East Little Havana NET District, located at
the intersection of SW 12th Avenue and SW 3rd Street.
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• It is found that the subject property is located in the "Lawrence Estates" Plat within
the Latin Quarter 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 the SD-14 "Latin Quarter
Commercial -Residential" and SD-14.1 "Latin Quarter Residential" Zoning Districts.
• It is found that the proposed densities of the project are 196 units per acre (200 units
maximum) on the 1.64± net acre SD-14 zoning portion of the site and 18 units per
acre (65 units maximum) on the 0.34± net acre SD-14.1 zoning portion of the site.
• Pursuant to Article 9, Section 914, the proposed project is requesting a development
bonus of 45,419.1 square feet of additional floor area, and shall pay into the
Affordable Housing Trust Fund an amount of $12.40 per square foot = $563,196.84.
• It is found that the proposed project was reviewed by the Design Review Committee
on September 28, 2004, and the following pertinent comments were made: (1) The
committee is supportive of many of the site planning ideas in the proposal, including
the provision of a continuous arcade along SW 12th Ave., and apartments and
townhomes on all three street frontages of the project; (2) The revised design of the
project's loading bays, such that the spaces are accessed from within the site and
loading vehicles do not have to reverse to or from the public right of way, is an
improved solution; (3) The building's massing and articulation are appropriately
designed, and the building's design responds well to the corner conditions on SW
12th Ave. and SW 3rd and SW 4th Streets; (4) The revised architectural appearance
of the building is appropriate; (5) The revised west garage elevation, utilizing smaller
screened garage openings, is appropriate; (6) Confirm the building's height and
setback requirements with the Zoning Department; (7) Submit a landscape plan that
specifies the species (common and botanical names), sizes (height x spread and/or
container size) at time of planting, quantities, and proposed locations of all plant
materials, existing and proposed. The landscape plan shall include planting details
and planting specifications; (8) Provide a continuous canopy of shade trees to
provide shade for pedestrians along all three streets in the proposal. 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 pedestrians from vehicular traffic,
Palm trees may be utilized periodically as an architectural accent to the architecture
of the building. This landscaping idea is portrayed correctly in the ground floor plan,
but the rendering of the project portrays palm trees; (9) a layering of landscape shall
be provided as a buffer between the garage and the western property line of the site.
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 Miami -Dade Public Schools provided a revised review of the
proposed project on October 28, 2004. The student population generated by this
development is estimated at 85 students. The schools serving this area of
application are Frederick Douglas Elementary - 60% Florida Inventory School
Houses (FISH) Capacity with the proposed project; Riverside Elementary — 144%
FISH; Jose De Diego Middle — 130% FISH, and Booker T. Washington Senior High -
57% FISH. Pursuant to the interlocal agreement, Riverside Elementary School and
Jose de Diego Middle School meet the review threshold of 115%.
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• It is found that the Large Scale Development Committee reviewed the project on
August 31, 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 September 15, 2004, which recommended
approval (UDRB Reso. 9-15-04-4) with the following conditions: The screen
shielding the vehicles from the pool area needs to have some depth to it, otherwise,
the vehicles will be visible; Within the 20-foot setback in the rear, include
groundcover and landscape that buffers 10 to 15 feet, and the trees provided in the
plan would buffer the remaining 15 feet and up.
• It is found that on August 30, 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 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
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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,
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) applicant shall submit a landscape plan that
specifies the species (common and botanical names), sizes (height x spread
and/or container size) at time of planting, quantities, and proposed locations of
all plant materials, existing and proposed. The landscape plan shall include
planting details and planting specifications; (b) applicant shall provide a con-
tinuous canopy of shade trees to provide shade for pedestrians along all three
streets in the proposal. 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
periodically as an architectural accent to the architecture of the building; and
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(c) the applicant shall provide a layering of landscape as a buffer between the
garage and the western property line of the site.
12. A development bonus to permit a mixed use of 45,419.1 square feet of floor
area will require payment to the Affordable Housing Trust Fund of an amount
of $12.40 per square foot = $563,196.84.
13. Pursuant to the review of the UDRB Resolution 9-15-04-4, the applicant shall
meet the following conditions: (a) The screen shielding the vehicles from the
pool area needs to have some depth to it, otherwise, the vehicles will be
visible; (b) Within the 20-foot setback in the rear, include groundcover and
landscape that buffers 10 to 15 feet, and the trees provided in the plan would
buffer the remaining 15 feet and up.
14. 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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