HomeMy WebLinkAboutAnalysisAnalysis for Substantial Modification
to a Major Use Special Permit
for Riverfront East
located at approximately
300, 350 and 400 South Miami Avenue, and 15, 24, 25, and 39 SW 3rd Street
CASE NO. 2004-095
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Riverfront East project has been reviewed to ap-
prove with conditions, a Substantial Modification to a Major Use Special Permit, Resolu-
tion No. 03-1235 (Miami River Village), per Articles 13, 17 and 22 of Zoning Ordinance
11000, as amended, for the Riverfront East project, located at approximately 300, 350
and 400 South Miami Avenue, and 15, 24, 25, and 39 SW 3rd Street , Miami, Florida, to
allow the following changes to the original application: The increase of residential units
from 1,304 to approximately 1,424 units; and the decrease of the area of non-residential
uses from 101,157 square feet to approximately 94,794 square feet. Current application
will consist of three mixed use structures varying in height from 498 to 602 feet and to
be comprised of approximately 1,424 total multifamily residential units with recreational
amenities, approximately 52,800 square feet of office space, approximately 41,994
square feet of retail space, and approximately 1,671 total parking spaces.
This Permit also includes the following requests:
MUSP, per Article 17, Section 1701, to permit individual phase of multi phase
project;
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, per
Article 17, Section 1701, and Article 22 of City of Miami Zoning Ordinance
11000, as amended, to allow the following changes (substantial modification to
previously approved Resolution No. 03-1235) by increasing the residential units
from 1,304 to 1,424 units, and decreasing non-residential uses from 101,157
square feet to 94,794 square feet;
Including all of the previously approved special permits under the original MUSP;
MUSP, per Article 17, Section 1701, to permit residential in excess of two
hundred (200) dwelling units, with proposed 1,424 units;
MUSP, as per City of Miami Zoning Ordinance 11000 as amended, Article 17 for
development to provide parking in excess of 500 spaces or more with proposed
1,671 parking spaces;
CLASS 11 SPECIAL PERMIT, as per Article 6, Section 606.3.1, to permit new
construction in the SD-6 Zoning District;
CLASS II SPECIAL PERMIT, as per Article 6, for signage approval;
CLASS 11 SPECIAL PERMIT, as per Article 6, Section 606.3.1, for temporary
construction fence and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2, a
request to reduce five of the required nine loading berths from 12 x 55 to five 12
x 35;
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;
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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;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1.2, to allow a
temporary sales office trailer;
REQUEST for applicable MUSP conditions to be required at the time of shell permit
instead of at 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 13, 17 and 22 of Zoning Ordinance 11000, approval of the
requested Substantial Modification to a 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 City Commission approved Resolution No. 03-1235 on December
18, 2003 for the Master Development Program for the project formerly known as
Miami River Village located at approximately 300, 312, 316, 330, 340, 350 South
Miami Avenue, 18, 30, 40, 44, 50, 62, S.W. 3rd Street, and 15, 24, 25, 39 S.W. 4th
Street.
• It is found that the proposed development project will benefit the area by creating
additional residential opportunities in the Downtown NET District, located at the SW
corner of South Miami Avenue and SW 3`d Street.
• It is found that the subject property is located in the "Miami Steam Electric Station
Property, Thatcher Enterprises Property, North City of Miami, and A.L. Knowlton's"
Plats within the Riverfront neighborhood of the City.
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• 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-6 "Central Commercial
Residential" Zoning District.
• It is found that the proposed densities of the project are 206 units per acre (500 units
maximum) on the 6.91± net acre site.
• It is found that the garage pedestals for all three structures are the same height,
assuring that no residential unit will view a parking garage directly opposite the unit.
• It is found that the project has convenient access to the Metromover system at the
Third Street Station, located northeast of the subject property, with connections to
the Metrorail system, for efficient use of existing mass transit systems.
• It is found that the proposed project was reviewed under the prior Miami River
Village application by the Historic and Environmental Preservation Board (HEPB) on
December 16, 2003, which approved (HEPB 2003-89) a Certificate of
Appropriateness for ground disturbing activity involving new construction within an
Archaeological Conservation Area subject to the following conditions: (1)
Archeological monitoring shall be provided in accordance with recommendations set
forth in the archeological management plan submitted by Robert S. Carr, dated
February 2000, revised November 2003; (2) Additional testing in the north end of
Parcel I shall be conducted after the parking lot use ceases, as recommended by
Mr. Carr.
• It is found that the proposed project was reviewed by the Design Review Committee
on June 1, 2004, and the following pertinent comments were made: (1) The
committee finds the site planning for the project to be acceptable, as SW 3rd St., S
Miami Ave., the Miami River and the main access road for the project are Tined for
the most part with habitable residential or commercial spaces. The creation of the
alleyway parallel to the Metrorail line on the western edge of the site is a good
solution to enable service access to be relegated to that part of the site; (2) The
placement of the towers appears to be appropriate, as they are provided with
adequate separation due to the variety of their orientations, which will create an
interesting skyline while providing good view corridors for the units; (3) The
committee is concerned about the placements of the Phase IV tower and the Phase
III Tower directly across the street, The proposed Phase IV Tower rises 300' along
the SW 3rd St. setback line, and the Phase III Tower measures 434' along the SW
3rd St. setback line across the street. This condition will produce a negative effect on
the street, and block natural light from entering the units in each building; (4) Provide
additional landscaping along the Miami River, utilizing shade trees in order to
provide adequate shade for pedestrians. Refer to the City of Miami Design
Standards and Guidelines for the Riverwalk/Baywalk areas for more specific
information; (5) Please provide a tree survey and tree disposition plan in the next
project submittal. Consider maintaining the existing large street trees along SW 3rd
St.; (6) If habitable space cannot be provided lining the garage of the Phase IV
building, it is critical to provide a well -designed facade concealing the garage portion
of the building along SW 3rd St. Consider the use of glass to cover the openings of
the garage, possibly continuing the pattern of window openings from the rest of the
facade on this area, or create an artistic treatment for the garage elevation; (7)
Provide details and material samples of the metal louvers proposed to cover the
garage openings along the west side of the property, indicating how the parked cars
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are hidden from view; (8) It is critical that the applicant meet with Mary Conway,
Transportation Director for the City of Miami regarding traffic circulation and access
to the site. She may be contacted at 305-416-1027; (9) Due to the large density of
the project, consider incorporating connections to various forms of transit as part of
the proposal, including a possible Metrorail connection to a new Metrorail station at
the site, and a water taxi landing along the Miami River. 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 271 students. The schools serving this area of
application are Frederick Douglas Elementary - 68°/0 Florida Inventory School
Houses (FISH) Capacity with the proposed project; Riverside Elementary — 149%,
Jose De Diego Middle -- 134% FISH, and Booker T. Washington Senior High - 59%
FISH. Pursuant to the interlocal agreement, Riverside Elementary School and Jose
de Diego Middle School meet the review threshold of 115%.
• It is found that the Large Scale Development Committee reviewed the project on
July 27, 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 Miami River Commission
on September 13, 2004, which recommended approval.
• 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. 9-15-04-5) with the following conditions: Re -work the
pedestal connections that are currently shown above roadways, driveways and
pathways; Consider the treatment of the towers so that they are expressed at the
ground plane and reinforce the importance of the boulevards that provide access to
them either vehicular or from a pedestrian standpoint; Re -think the gating of the
entrances to some other means of providing security that is not a gated secured
area; and Create a grand space along the waters edge or in the boulevard.
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.
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
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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
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 Substantial Modification
to a Major Use Special Permit.
9. In so far as this Substantial Modification to a Major Use Special Permit in-
cludes 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 requirements for final review and approval of
each one prior to the issuance of any of the subordinate approvals required in
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order to carry out any of the requested activities and/or improvements listed in
this development order or captioned 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) the applicant shall provide additional land-
scaping along the Miami River, utilizing shade trees in order to provide ade-
quate shade for pedestrians. Refer to the City of Miami Design Standards and
Guidelines for the RiverwalklBaywalk areas for more specific information; (b)
the applicant shall provide a tree survey and tree disposition plan in the next
project submittal and shall maintain the existing large street trees along SW 3rd
St.; (c) If habitable space cannot be provided lining the garage of the Phase IV
building, the applicant shall provide a well -designed facade concealing the ga-
rage portion of the building along SW 3`d Street and shall consider the use of
glass to cover the openings of the garage, possibly continuing the pattern of
window openings from the rest of the facade on this area, or create an artistic
treatment for the garage elevation; (d) the applicant shall provide details and
material samples of the metal louvers proposed to cover the garage openings
along the west side of the property, indicating how the parked cars are hidden
from view; (e) the applicant shall meet with the City of Miami Transportation Of-
fice regarding traffic circulation and access to the site. (f) Due to the large den-
sity of the project, the applicant shall consider incorporating connections to
various forms of transit as part of the proposal, including a possible Metrorail
connection to a new Metrorail station at the site, and a water taxi landing along
the Miami River.
12. Pursuant to HEPB Resolution 2003-89, the applicant shall meet the following
conditions: (a) Archeological monitoring shall be provided in accordance with
recommendations set forth in the archeological management plan submitted by
Robert S. Carr, dated February 2000, revised November 2003; (b) Additional
testing in the north end of Parcel I shall be conducted after the parking lot use
ceases, as recommended by Mr. Carr.
13. Pursuant to UDRB Resolution 9-15-04-5, the applicant shall meet the following
conditions: (a) Re -work the pedestal connections that are currently shown
above roadways, driveways and pathways; (b) Consider the treatment of the
towers so that they are expressed at the ground plane and reinforce the
importance of the boulevards that provide access to them either vehicular or
from a pedestrian standpoint; (c) Re -think the gating of the entrances to some
other means of providing security that is not a gated secured area; and (d)
Create a grand space along the waters edge or in the boulevard.
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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