HomeMy WebLinkAboutMUSP AnalysisAnalysis for Major Use Special Permit
for
Silverton
located at approximately
300, 324, 326, 338, 342 and 344 NW 36th Street
CASE NO. 2005-005
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Silverton project has been reviewed to allow a Ma-
jor Use Special Permit per Articles 5, 13 and 17, located at approximately 300, 324, 326,
338, 342 and 344 NW 36th Street, Miami, Florida, to comprise of a 113-foot, 10-story
high mixed use structure to be comprised of approximately 112 total multifamily residen-
tial units with recreational amenities, approximately 9,456 square feet of retail space,
and approximately 250 total parking spaces.
This Permit also includes the following requests:
MUSP, per Article 5 and 17, Section 1701, for a 20% PUD floor area bonus
which will allow a 133,280 square foot development consisting of 112 residential
units, 9,456 sq ft. of retail and 250 parking spaces;
SPECIAL EXCEPTION, per Article 4, Section 401, to allow multi family
residential on the property;
CLASS II SPECIAL PERMIT, as per Article 9, Section 927 to allow temporary
offsite parking during construction;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver
of City of Miami Parking Standards and schedule for reduction of required
backup space for paring. Required width of stall when a wall or other obstruction
occurs 9'-6" required proposed 8'-6" request to waive 1 foot;
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 9, Section 920.1, to allow a
construction trailer and watchman's quarters and other temporary offices such as
leasing and sales;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage.
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 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
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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, 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
Department has referred this project to the Large Scale Development Committee
(LSDC) and the Planning 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
at the SW corner of NW 36th Street and NW 3`d Avenue.
• It is found that the subject property is located in the "Northern Boulevard" Plat within
the Old San Juan 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 C-2 "Liberal Commercial"
Zoning District.
• It is found that the proposed density of the project (112 units at 101 units per acre) is
below the maximum 167 units (150 units per acre) on the 1.11± net acre site.
• It is found that the project is expected to cost approximately $31,024,107, and to
employ approximately 74 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 10 permanent new jobs
and will generate approximately $160,522 annually in tax revenues to the City (2004
dollars).
• It is found that the proposed project was reviewed by the Design Review Committee
on April 27, 2004, and the following pertinent comments were made: (1) The garage
screen details provided indicate that parked cars shall be hidden from view. It is im-
portant that this treatment is carried over to all sides of the garage; (2) Coordinate
with the Florida Department of Transportation regarding the 36in St. improvement
project, which is currently underway. The committee encourages the provision of a
continuous canopy of shade trees to provide shade for pedestrians along NW 36th
St. Palm trees may be utilized periodically as an architectural accent to the architec-
ture of the building; and (3) The proposed landscaping palette is appropriate, with
the recommendation that street shade trees be provided along NW 36d' St., as
stated above. The Planning Department's review resulted in design modifications
that were then recommended for approval to the Planning Director.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on July 13, 2004. The student population generated by this
development is estimated at 25 students. The schools serving this area of
application are Riverside Elementary - 143% Florida Inventory School Houses
(FISH) Capacity with the proposed project; Jose De Diego Middle — 128% FISH, and
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Booker T. Washington Senior High - 56% 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 13, 2004 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that on August 6, 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 design appropriateness by the
Urban Development Review Board on September 1, 2004, which recommended
approval (UDRB Reso. 9-1-04-2) with the following conditions: Add street trees
along the sidewalk away from the buildings foundation so that the trees will survive.
It is up to the architect to explore the various methods to accomplish this (Le. set the
building back and add sidewalk width so that the street trees can be placed close to
the curb, or work with FDOT to place the trees close to the curb). Streetscape
should have that special attention to make it successful.
• It is found that the proposed project has an associated Special Exception application
which was reviewed by the Miami Zoning Board at its meeting of December 13,
2004, Item No. 6, and RECOMMENDED APPROVAL by a vote of nine to zero (9-0).
• 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 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 Planning Department,
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 Planning
Director 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.
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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
MinorityIWomen 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.
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 Planning Department 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 Planning
Department 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 Planning Department
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 subor-
dinate approvals required in 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 Planning Director.
11. Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) The garage screen details
provided indicate that parked cars shall be hidden from view. It is important
that this treatment is carried over to al! sides of the garage; (b) Coordinate with
the Florida Department of Transportation regarding the 36th Street improve -
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ment project, which is currently underway. If allowed, the applicant shall pro-
vide a continuous canopy of shade trees to provide shade for pedestrians
along NW 36th Street. Palm trees may be utilized periodically as an architec-
tural accent to the architecture of the building; (c) The proposed landscaping
palette is appropriate, with the recommendation that street shade trees be pro-
vided along NW 36th Street, as stated above.
12. Within 90 days of the effective date of this Development Order, record a certi-
fied copy of the ❑evelopment 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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