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HomeMy WebLinkAboutMUSP AnalysisAnalysis for Major Use Special Permit for Bayview Market located at approximately NE 17 Street and NE 2 Avenue; 51 NE 17 Terrace; 59 NE 17 Terrace; 65 NE 17 Ter- race; 67 NE 17 Terrace; 69 NE 17 Terrace; 75 NE 17 Terrace; and 79 NE 17 Terrace CASE NO. 2005-035 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for Bayview Market project has been reviewed to allow a Major Use Special Permit per Articles 13 and 17, located at approximately NE 17 Street and NE 2 Avenue; 51 NE 17 Terrace; 59 NE 17 Terrace; 65 NE 17 Terrace; 67 NE 17 Terrace; 69 NE 17 Terrace; 75 NE 17 Terrace; and 79 NE 17 Terrace, Miami, Florida, to comprise of a 140-foot, four story high mixed use structure to be comprised of approxi- mately 653,659 square feet of retail space (14,325 sq. ft. of which is street side); ap- proximately 24 total loft residential units; and approximately 2,360 total parking spaces. This Permit also includes the following requests: MUSP, as per Article 17 for parking structure of approximately 2,360 parking spaces; SPECIAL EXCEPTION, as per Article 4, Section 401, to permit residential uses within the C-2 zoning district at a density of R-3 or higher; VARIANCE, as per Article 4, Section 401, schedules of district regulations, 120 feet or 10 stories maximum allowed height; Required 120 feet or 10 stories Proposed 140 feet or 10 stories Request to increase 20 feet CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary off -site parking during construction; CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, for access for a public street roadway width greater than twenty-five feet; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for temporary construction fence and covered walkway; CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor eating areas and outdoor cafes; CLASS 1 SPECIAL PERMIT, as per Article 4, Section 401, for signage approval; CLASS I SPECIAL PERMIT, as per Article 9, Section 925.3.8, to allow development/construction/rental signage; 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 918.2, for parking and staging of offsite parking for construction crews; CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction trailer and watchman's quarters; Page 1 of 6 CLASS I SPECIAL PERMIT, as per Article 9, Section 920, to allow a trailer for construction trailer and other temporary office uses such as leasing and sales; CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event namely a ground breaking ceremony; REQUEST WAIVER from Chapter 36 of the City Code, request for waiver by the City Commission of noise ordinance while under construction for allow continuous pours. REQUEST that the following MUSP conditions to be required at the time of Temporary Certificate of Occupancy or Final Certificate of Occupancy 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. Pursuant to Articles 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 NW corner of NE 17 Street and NE 2 Avenue. • It is found that the subject property is located in the "Omni Annex" and "Amended Map of Seitter Addition" Plats 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-2 "Liberal Commercial" Zoning District. • It is found that the proposed project is not located within an Archeological Conservation area and is therefore not subject to a Certificate of Appropriateness for any ground disturbing activity within the designated area. Page 2 of 6 • It is found that the project is expected to cost approximately $250,978,429, and to employ approximately 214 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 2,550 permanent new jobs and will generate approximately $1,300,745 annually in tax revenues to the City (2005 dollars). • It is found that the proposed project was reviewed for the following variance: Schedule of District Regulations, 120 feet or 10 stories maximum height allowed, to allow a maximum height of 140 feet or 10 stories (120 feet or 10 stories allowed), by the Miami Zoning Board at its meeting of March 14, 2005, Item No, 9, which RECOMMENDED APPROVAL by a vote of seven to zero (7-0), requiring City Commission approval. Required 120 feet or 10 stories Proposed 140 feet or 10 stories Request to increase 20 feet • It is found that Miami -Dade Public Schools provided a revised review of the proposed project on June 3, 2004. The student population generated by this development is estimated at 5 students. The schools serving this area of application are Phillis Wheatley Elementary (2 students) — 58% Florida Inventory School Houses (FISH) Capacity with the proposed project; Jose De Diego Middle (1 student) — 112% FISH; and Booker T. Washington Senior High (2 students) - 59% 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 $29,165. Based on the State's June 2004 student station cost factors, capital costs for the estimated additional students to be generated by the proposed development is $82,700. • It is found that the Large Scale Development Committee reviewed the project on June 3, 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 June 8, 2004 and the following pertinent comments were made: Loading and Service — (1) The committee would like to commend the applicant for containing most of the required loading bays within the interior of the garage, and relocating the FPL vault and loading area away from NE 2nd Ave.; (2) The loading bay area to the east of the building along NE 17th Terrace shall be screened from view from the street. Consider providing an attractive gate allowing entry into this area, and provide details of this elevation to the committee; Pedestrian Realm — (1) Provide elevation drawing details, showing all of the building's lower level elevations, at a scale no less than 1/8"=1', in order for the committee to review how the building meets the ground and the building's impact on the pedestrian realm; (2) The pedestrian sidewalk area shall be maintained with a consistent, recognizable pattern and height, which shall continue across the vehicular entrances in order to give dominance to the pedestrian realm over the vehicular areas; Architecture — The committee appreciates the reconfiguration of the proposal to provide retail space along NE 17th St. and NE Miami Place, such that all city streets surrounding the Page 3 of 6 proposal are lined with habitable space and transparency for almost their entire height; North Elevation - The site is bounded on the north by the City of Miami Cemetery, which is a designated historic site. It is important to provide an attractive facade facing the cemetery, not consisting of blank walls, since this side will be visible in perpetuity; Signage/Media Tower — (1) The project's narrative description proposed that the building would classify itself as a Media Tower, per the City of Miami Zoning definition. However, the zoning ordinance specifies that the Media Tower shall be situated only in the Southeast/Overtown Park West Redevelopment Area (pg. 406), so this project would not qualify under the Media Tower definition, as it is not within the specified boundary; (2) Refer to the Sign Regulations for the C-2 Liberal Commercial zoning district in which the project is located (City of Miami Zoning Section 10,5.4.4) for regulations on signage for the project; (3) We suggest that you arrange meetings with staff in the City's Planning and Zoning Departments in reference to possibilities for the building's signage; (4) Due to the project's adjacency to the City cemetery, a highly illuminated media -tower type design may not be appropriate; Landscaping — (1) Submit a landscape disposition plan showing existing and proposed plant species, canopies and locations. Calculate the area (square footage) of canopy to be removed and provide mitigation credits for proposed tree and palm planting as per DERM formulas; (2) The proposed shade trees along NE 2" Ave. and NE 17th St. are appropriate, as they will provide adequate shade for pedestrians. Along NE 2nd Ave., consider relocating these shade trees so that they are aligned close to the edge of the curb in the public right of way (at no greater than 33' on center) to provide a buffer for pedestrians from vehicular traffic; (3) It is important to continue this treatment of shade trees along NE Miami Place as well; (4) Along the north side of the site, parallel to the Miami City Cemetery, provide a double planting of evergreen trees such as green buttonwood or beauty leaf in lieu of the single trunk palms. • It is found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board on July 21, 2004, which recommended Approval (UDRB Reso. 7-21-04-7) with the following conditions: (1) Approve the project as presented without approving or in any way prejudicing the application but not approving the signage; (2) The architect and the applicant to fully coordinate the roofdeck parking area so that the planting tree cover more accurately represents what is currently shown in the building sections and also consider the type of lighting and lighting fixture that will eventually be here that will be visible which is not currently shown or specified. • It is found that on August 8, 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 Department is recommending approval of the requested Development Project with the following conditions: Page 4 of 6 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. 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 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. Ali 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. Page 5 of 6 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 design related comments received by the Planning Director, the applicant shall meet the following conditions: (a) The loading bay area to the east of the building along NE 17 Terrace shall be screened from view from the street and provide an attractive gate allowing entry into this area; (b) The pe- destrian sidewalk area shall be maintained with a consistent, recognizable pat- tern and height, which shall continue across the vehicular entrances in order to give dominance to the pedestrian realm over the vehicular areas; (c) Relocate the shade trees along NE 2 Avenue so that they are aligned close to the edge of the curb in the public right of way (at no greater than 33' on center) to pro- vide a buffer for pedestrians from vehicular traffic, and to continue this treat- ment of shade trees along NE Miami Place as well; (d) Along the north side of the site, parallel to the City of Miami Cemetery, provide a double planting of evergreen trees such as green buttonwood or beauty leaf in lieu of the single trunk palms. 12. 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 6 of 6