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HomeMy WebLinkAboutMUSP AnalysisAnalysis for Major Use Special Permit for District Lofts located at approximately 2751 Biscayne Boulevard and 328-338 NE 28 Street CASE NO. 2005-017 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for District Lofts project has been reviewed to allow a Ma- jor Use Special Permit per Articles 9, 13 and 17, located at approximately 2751 Bis- cayne Boulevard and 328-338 NE 28 Street, Miami, Florida, to comprise of a 153-foot, 12-story high mixed use structure to be comprised of approximately 84 total multifamily residential units with recreational amenities, approximately 2,939 square feet of retail space; approximately 8,838 square feet of office space; and approximately 145 total parking spaces; providing for certain floor area ratio ("FAR'') bonuses. This Permit also includes the following requests: MUSP, as per Article 17 and Section 914.1 to permit additional floor area ratio as a bonus through developer contribution to the Affordable Housing Trust Fund. Requesting an additional 18,087 sq. ft. at an amount of $12.40 per square foot fora total of $224,278.80; VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Schedule of District Regulations, required side street yard; Required: 7 feet, 6 inches Proposed: 4 feet Request to waive: 3 feet, 6 inches CLASS II SPECIAL PERMIT, as per Article 6, Section 620.3, for development of new construction in the Edgewater Overlay District; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for temporary construction fence and covered walkway; CLASS II SPECIAL PERMIT, as per Article 9, Section 922.4(c) to allow maneuvering of trucks on a public alley; CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, for access from a driveway with a width greater than 25 feet; CLASS II SPECIAL PERMIT, as per Article 9, Section 922.8 to allow for combined off-street loading facilities; 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; Page 1 of 5 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 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 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 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 SE corner of NE 28 Street and Biscayne Boulevard. • It is found that the subject property is located in the "Bankers Park" Plat within the Edgewater 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-1 "Restricted Commercial" and R-4 "Multifamily High -Density Residential" with SD-20 "Edgewater Overlay" Zoning District. • It is found that the proposed density of the project (84 units at 130 units per acre) is below the maximum 97 units (150 units per acre) on the .647± net acre site. • Pursuant to Article 17, and Section 914.1, the proposed project is requesting a development bonus of 18,087 square feet of additional floor area, and shall pay into the Affordable Housing Trust Fund an amount of $12.40 per square foot = $224,278.80. • It is found that the project is expected to cost approximately $19,500,000, and to employ approximately 180 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 52 permanent new jobs and will generate approximately $188,492 annually in tax revenues to the City (2005 dollars). Page 2of5 It is found that the proposed project was reviewed by the Design Review Committee on August 24, 2004, and then again after the Urban Development Review Board meeting of December 15, 2004 and the following pertinent comments were made: Architectural Design — (a) Consider exploring more variety in the colors for the building facades, as exemplified in several of the works of art presented as inspirations for the project's design. One area which would benefit greatly from additional color treatment would be the area at the top of the building in the northwest corner of the site. This area contains a large number of vertical elements, which could feature a variety of color finishes to further accentuate this feature of the building; (b) Consider a different architectural treatment for the office portion of the building on Biscayne Boulevard, rather than the proposed continuous horizontal bands. The committee finds the earlier solution to be more appropriate, where the office portion was incorporated into the overall design of the facade; (c) The horizontal articulation of the rooftop architectural elements seems to be superfluous. Consider simplifying or removing some of the horizontal articulations at the roofline; Urban Design -Confirm the loading dimensions and turning radius requirements with the Public Works Department in order to verify the feasibility of the proposed loading arrangement use of the alley to the south of the project. • It is found that Miami -Dade Public Schools provided a revised review of the proposed project on March 2, 2005. The student population generated by this development is estimated at 18 students. The schools serving this area of application are Eneida M. Hartner Elementary (8 students) — 114% Florida Inventory School Houses (FISH) Capacity with the proposed project; Jose De Diego Middle (5 students) — 114% FISH, and Booker T. Washington Senior High (5 students) — 58% FISH. Pursuant to the interlocal agreement, none of the schools meet the review threshold of 115%. At an average of $5,833 per K-12 student, the total annual operating cost for the additional students residing in this development, if approved, would total $104,994. Based on the State's October 2004 student station cost factors, capital costs for the estimated additional students to be generated by the proposed development is $288,133. • It is found that the Large Scale Development Committee reviewed the project on October 27, 2004 to address the expressed technical concerns raised at said Large Scale Development Committee meeting. • It is found that on November 5, 2004, the Miami -Dade Aviation Department provided a review of the proposed project and found that it conforms to the Miami -Dade County Height Ordinances. • It is found that on December 21, 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 December 15, 2004, which recommended Approval (UDRB Reso. 12-15-04-1) with the following reasons: Soft condition — Look to simplify the skyline. The horizontal articulation seems to be superfluous. Consider simplifying or removing some of the horizontal articulations at the roofline. • It is found that the proposed project was reviewed for a variance: (1) Required side street yard — to allow a side street yard setback of 4'-0" (7'-6" required) by the Miami Page 3 of 5 Zoning Board at its meeting of February 14, 2005, Item No. 11, which RECOMMENDED APPROVAL by a vote of eight to zero (8-0), requiring City Commission approval. • 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 approvai 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 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 approvai 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 Page 4 of 5 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 1 Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class 1 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) Explore more variety in the colors for the building facades, as exemplified in several of the works of art presented as inspirations for the project's design; (b) A different architectural treatment is required for the office portion of the building on Biscayne Boulevard, rather than the proposed continuous horizontal bands; (c) Simplify or remove some of the horizontal articulations at the roofline as it seems to be superfluous; (d) Confirm the loading dimensions and turning radius requirements with the Public Works Department in order to verify the feasibility of the proposed loading arrangement use of the alley to the south of the project. 12. That the accompanying requested application for the Variance on this property is approved by the City Commission. 13. A development bonus to permit a mixed use of 18,087 square feet of floor area shall require payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot = $224,278.80. 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. Page 5 of 5