HomeMy WebLinkAboutAnalysis ModifAnalysis for Major Use Special Permit
for the
Lofts at Mayfair Project
located at approximately 3317, 3327 & 3339 Virginia Street;
2954 & 2960 Oak Street; and 2957 Florida Avenue
CASE NO. 2004-090
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Lofts at Mayfair project has been reviewed to allow
a Major Use Special Permit per Articles 5, 9, 13 and 17, to construct a mixed use struc-
ture to be comprised of approximately 99 total multifamily residential units with recrea-
tional amenities, approximately 2,413 square feet of retail space, and approximately 141
total parking spaces.
This Permit also includes the following requests:
MUSP, per Article 17, and Article 5 Section 500 PUD to increase 20% of the total
floor area, for a maximum of 13,664 square feet of bonus pursuant to Section
502 (c);
MUSP, as per Article 9, Section 914, a development bonus of 16,864 square feet
of additional floor area, and to pay into the Affordable Housing Trust Fund an
amount of $12.40 per square foot = $209,113.60;
MUSP, as per Article 5, Section 502, PUD District, to increase the floor area by
twenty percent for a total of 107,082 sq ft development;
CLASS II SPECIAL PERMIT, as per Article 6, Section 602.3.1 to permit new
construction in the SD-2 District;
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, to permit access
from a public street roadway width greater than 25 feet;
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 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 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 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
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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.
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 NE Coconut Grove NET District, located at
the intersection of Virginia Street between Oak Street and Florida Avenue.
• It is found that the subject property is located in the "William A. Rice" Plat within the
Grove Center 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-2 "Coconut Grove Central Commercial
District".
• It is found that the proposed density of the project is 111 units per acre, which is
below the 134 maximum units on the 0.89± net acre site.
• Pursuant to Article 9, Section 914, the proposed project is requesting a development
bonus of 16,864 square feet of additional floor area, and shall pay into the Affordable
Housing Trust Fund an amount of $12.40 per square foot = $209,113.60.
• It is found that the proposed project was reviewed by the Design Review Committee
on April 6, 2004, and the following pertinent comments were made: (1) The
committee would like to commend the applicant on the successful resolution of the
parking and loading area. Positive urban design characteristics include the fact that
the loading bay access and service components are placed in the alley, there is only
one curb cut for garage access, located adjacent to the alley, and all parking is
located on the basement level, not visible from the street; (2) Consider providing
vehicular access to the garage from the alley, if the alley width permits this. If this is
not possible, relocate the beginning of the ramp's descent into the basement further
within the interior of the garage, as far away from the sidewalk as possible; (3) The
SD-2 zoning district requires ground floor retail uses. Confirm with the Zoning
Department about this requirement and the possibility of pursuing an exception for
ground floor residential use; (4) The scale of the building is appropriate for the site;
(5) Verify with the Zoning and Public Works Departments about the possibility of
creating the proposed bridge over the alley and connecting the parking garage
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underneath the alley; (6) as an appropriate appearance, and a good amount of
transparency through glass, louvers and balconies. Clarify what materials are
proposed for the building, including the louvers and balcony railings; (7) Please
provide sections of the building for the next submittal, in order for the committee to
further understand the proposed layout of the project; (8) The committee appreciates
the redesigned units within the Phase I portion of the proposal. The units on the
north side of the pool are provided with more appropriate means of access and
egress. However, confirm the floor levels of these units as compared to the other
units on the second floor. It is difficult to tell whether they are at the same elevation
level as the pool terrace, or the same elevation level as the other units; (9) The
exercise room to the south of the pool represents a more appropriate use of this
area, rather than the unit proposed for this space in the previous proposal; (10) The
units in the Phase II portion of the proposal which face the alley are inappropriate.
The first floor terraces of the units are directly opposite service elements such as the
trash room, FPL vault and loading bays. The units shall be re -oriented so that they
front on the courtyard, and their "service" elements, such as the kitchen and
bathrooms face the alley, which is the case of the units in the Phase I Parcel. This
will create a more active courtyard, because of the additional balconies and windows
which will be provided in units fronting on the courtyard; (11) The two ground floor
units in the Phase II portion of the project, which front on the alley, opposite the
loading bay, which do not open onto the courtyard, may not be appropriate for
residential use. These units could be utilized as storage or additional residential
amenity areas; (12) Provide a landscape plan, tree survey and a tree disposition plan
indicating which trees are to remain, be removed or be relocated. The tree
disposition plan shall illustrate the location of any overhead or underground utilities,
the location of the proposed new construction, and the new locations of existing
trees to be relocated on 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 a review of the proposed project was provided by Miami -Dade Public
Schools on June 3, 2004. The student population generated by this development is
estimated at 20 students. The schools serving this area of application are Coconut
Grove Elementary - 91 % FISH Capacity with the proposed project, Ponce de Leon
Middle — 99% FISH, and Coral Gables Senior High - 163% FISH. Pursuant to the
interlocal agreement, Coral Gables Senior High 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 June 3, 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 June 16, 2004, which recommended approval
(UDRB Reso. 6-16-04-4).
• It is found that on October 4, 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.
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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,
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
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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 condition: The applicant shall provide a landscape plan, tree
survey and a tree disposition plan indicating which trees are to remain, be re-
moved or be relocated on the site. The tree disposition plan shall illustrate the
location of any overhead or underground utilities, the location of the proposed
new construction, and the new locations of existing trees to be relocated on
site.
12. A development bonus to permit a mixed use of 16,864 square feet of floor area
will require payment to the Affordable Housing Trust Fund an amount of $12.40
per square foot = $209,113.60 at the time of building permit.
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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