HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit
for
Chanticleer Bayview Condominiums
located at approximately
530, 606, 622, 626 and 634 West Flagler Street; 625, 637 and 643 SW 1 Street;
and 20, 28, 35, 36 and 44 SW 6 Avenue
CASE NO. 2005-016
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Chanticleer Bayview Condominiums project has
been reviewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, located
at approximately 530, 606, 622, 626 and 634 West Flagler Street; 625, 637 and 643 SW
1 Street; and 20, 28, 35, 36 and 44 SW 6 Avenue, Miami, Florida, to comprise of a 196-
foot, 21-story high mixed use structure to be comprised of approximately 245 total multi-
family residential units with recreational amenities, approximately 10,700 square feet of
retail space; approximately 19,810 square feet of office space; and approximately 603
total parking spaces; providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MUSP, as per Article 9 and Section 914 to permit additional floor area ratio as a
bonus through developer contribution to the Affordable Housing Trust Fund.
Requesting an additional 55,739 sq. ft. at an amount of $12.40 per square foot
for a total of $691,163.60;
MUSP, as per Article 5, Section 502, PUD district, to increase the floor area by
20% of the total floor area, for a maximum of 44,591 square feet of bonus;
CLASS II SPECIAL PERMIT, as per Article 9, Section 906.6, for pool/outdoor
recreation area;
CLASS II SPECIAL PERMIT, as per Article 4, Section 620.3.1, to allow
construction fence and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary
off -site parking during construction;
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, 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 SPECIAL PERMIT as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a
construction trailer and watchman's quarters;
SPECIAL EXCEPTION, as per Section 915.2 for FAA clearance letter;
CLASS I 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;
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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 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
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 and non residential opportunities in the East Little Havana NET
District, located at the intersection of West Flagler Street and SW 6 Avenue.
• It is found that the subject property is located in the "City of Miami South" and Plat
within the East Little Havana 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".
• It is found that the proposed density of the project (115 units at 150 units per acre) is
below the maximum 318 units on the 2.122± net acre site.
• Pursuant to Article 9 and Section 914, the proposed project is requesting a
development bonus of 55,739 square feet of additional floor area, and shall pay into
the Affordable Housing Trust Fund an amount of $12.40 per square foot =
$691,163.60.
• It is found that the project is expected to cost approximately $38,125,000, and to
employ approximately 250 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 36 permanent new jobs
and will generate approximately $470,937 annually in tax revenues to the City (2004
dollars).
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• It is found that the proposed project was reviewed by the Design Review Committee
on November 18, 2003, at which time comments were made and have been ad-
dressed by the applicant.
• 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 54 students. The schools serving this area of
application are Riverside Elementary (25 students) — 146% Florida Inventory School
Houses (FISH) Capacity with the proposed project; Jose De Diego Middle (14
students) — 114% FISH, and Booker T. Washington Senior High (16 students) —
58% FISH. Pursuant to the interlocal agreement, only Riverside Elementary School
meets 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 $314,982. Based on the State's March 2005 student station
cost factors, capital costs for the estimated additional students to be generated by
the proposed development is $882,970.
• It is found that the Large Scale Development Committee reviewed the project on
February 5, 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 April 21, 2004, which recommended Approval
(UDRB Reso. 4-21-04-7) with the following reasons: Restudy the elevator
connection to the lobby area; Define the top to reflect similar elements of the base.
• It is found that on January 25, 2005, 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 by the Historic and Environmental
Preservation Board (HEPB) on February 1, 2005, which approved (HEPB 2005-11) a
Certificate of Appropriateness for ground disturbing activity involving new
construction within an Archaeological Conservation Area subject to the following
conditions: (1) A phase 1 archeological assessment prior to construction and
archeological monitoring during ground disturbing activity shall be provided in
accordance with the management plan submitted by the Archaeological and
Historical Conservancy, Inc.; (2) The City Archeologist shall be notified prior to
construction activities and in the event of a significant discovery, as per the
management plan submitted; and (3) A final report shall be submitted to the City
Archeologist documenting the results of this investigation.
• 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:
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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 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/Wornen 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 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.
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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 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 HERB Resolution 2005-11, the applicant shall meet the following
conditions: (a) A phase 1 archeological assessment prior to construction and
archeological monitoring during ground disturbing activity shall be provided in
accordance with the management plan submitted by the Archaeological and
Historical Conservancy, Inc.; (b) The City Archeologist shall be notified prior to
construction activities and in the event of a significant discovery, as per the
management plan submitted; and (c) A final report shall be submitted to the
City Archeologist documenting the results of this investigation.
12. A development bonus to permit a mixed use of 55,739 square feet of floor area
shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $691,163.60.
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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