HomeMy WebLinkAboutMUSP AnalysisAnalysis for Major Use Special Permit for the
The Urbanea Project
located at approximately
1501-21 SW 37th Avenue, 3686-88 SW 15th Street, and 3685-87 SW 16th Street
CASE NO. 2004-071
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Urbanea project has been reviewed to allow a Ma-
jor Use Special Permit per Articles 5, 9, 13 and 17, to construct a 150-foot, 14-story high
mixed use structure to be comprised of 100 total multifamily residential units with recrea-
tional amenities, approximately 6,500 square feet of retail, and 197 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, 18,108 square feet;
MUSP, as per Article 9, Section 914, a development bonus to permit a mixed
use of 4,092 square feet of floor area will be paid to the Affordable Housing Trust
Fund at the applicable rate at time of permitting;
VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended,
Article 4, Section 401, Schedule of District Regulations, required front yard;
Required 10 front yard setback (SW 15 Street)
Proposed 6'-10"
Request to waive 3'-2" front yard setback
VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended,
Article 4, Section 401, Schedule of District Regulations, required front yard;
Required 10 front yard setback (SW 16 Street)
Proposed 6'-10"
Request to waive 3'-2" front yard setback
VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended,
Article 9, Section 907.3.2, allowed building in rear residential district;
Allowed building height 40 feet plus 1:2 slope thereafter
Proposed encroaches 12" of the 1: slope
VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended,
Article 9, Section 915.1.1, excluded portions of structures, height limitations;
Allowed excluded portions 10 feet
Proposed up to an additional 10 feet, varies
Request to increase up to 10 feet
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VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended,
Article 4, Section 401, Schedule of District Regulations, allowed building
footprint;
Allowed Building Footprint 21,056 square feet
Proposed 22,550 square feet
Request to increase an additional 1,494 square feet
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 II, as per Article 9, Section 927, to allow temporary off -site parking during
construction;
CLASS II, as per Article 9, Section 922.4, maneuvering of trucks on public right
of way;
CLASS II, as per Parking Guides and Standards, to reduce the required 23 feet
back up dimension to 22 feet;
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
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
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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 West Little Havana NET District, located east of
Douglas Road at SW 16th Street.
• It is found that the subject property is located in the "Englewood" Plat within the La
Pastorita 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 C-1 "Restricted Commercial" and
R-2 "Two -Family Residential".
• It is found that the proposed density of the project is 132 units per acre, which is
below the maximum 150 units per acre permitted for the 0.76± net acre site.
• It is found that the project was reviewed by the Large Scale Development Committee
on March 23, 2004 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that the proposed project was reviewed by the Design Review Committee
on May 11, 2004, to address the expressed concerns raised by the Design Review
Comments. 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 was reviewed for design appropriateness by the
Urban Development Review Board on May 19, 2004, which recommended approval
(UDRB Reso. 5-19-04-1).
• It is found that the proposed project was reviewed for Change of Zoning from R-2
"Two -Family Residential" to C-1 "Restricted Commercial" by the Miami Zoning Board
at its meeting of July 26, 2004, Item No. 2, and RECOMMENDED APPROVAL by a
vote of nine to zero (9-0), requiring City Commission approval.
• It is found that the proposed project was reviewed for Variances by the Miami Zoning
Board at its meeting of July 26, 2004, Item No. 3, and RECOMMENDED
APPROVAL by a vote of nine to zero (9-0), requiring City Commission approval.
• It is found that on September 10, 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 a review of the proposed project was provided by Miami -Dade Public
Schools on October 8, 2004. The student population generated by this development
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is estimated at 7 students. The schools serving this area of application are Coral
Gables Elementary - 143% FISH Capacity with the proposed project, Sunset
Elementary — 115% FISH, G.W. Carver Elementary — 125% FISH, Ponce De Leon
Middle — 108% FISH, and Coral Gables Senior High - 165% FISH. Pursuant to the
interlocal agreement, Coral Gables, Sunset and G.W. Carver Elementary schools
along with Coral Gables Senior High meet the review threshold of 115%.
• 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 the separation of residential uses and nonresidential uses on the
eastern perimeter of the project does not conform to Section 905.2 of the Zoning
Code.
• 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
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.
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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.
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.
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. That the accompanying requested applications for Change of Zoning and Vari-
ances for this property being approved by the City Commission.
12. Pursuant to Section 905.2 of the City of Miami Zoning Code, that the project be
modified to include a six-foot masonry wall separating the residential and non-
residential districts.
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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