HomeMy WebLinkAboutMUSP AnalysisAnalysis for Major Use Special Permit
for
Vista Biscayne
located at approximately
436, 446 and 452 NE 29 Street
CASE NO. 2005-038
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Vista Biscayne project has been reviewed to allow a
Major Use Special Permit per Articles 5, 9, 13 and 17, located at approximately 436, 446
and 452 NE 29 Street, Miami, Florida, to comprise of an approximate 17-story high resi-
dential structure to be comprised of approximately 41 total multifamily residential units
with recreational amenities; and approximately 62 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 9,675 sq. ft. at an amount of $12.40 for a total of
$119,970.00;
VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended,
Article 6, Section 620.2.3.1, Schedule of District Regulations, required front yard;
Required 20 feet
Proposed 5 feet
Request to waive 15 feet
CLASS II SPECIAL PERMIT, as per Article 6, Section 620, for signage approval;
CLASS II SPECIAL PERMIT, as per Article 6, Section 620.3, for temporary
construction fence and covered walkway;
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(d), to allow a
construction trailer;
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 920.1.2, 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
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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 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 opportunities in the Wynwood/Edgewater NET District, located
on NE 29 Street east of Biscayne Boulevard.
• It is found that the subject property is located in the "Broadmoor" 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 R-4 "Multifamily High -Density
Residential" with SD-20.1 "Biscayne Boulevard Edgewater Overlay" Zoning District.
• It is found that the proposed density of the project (41 units at 100 units per acre) is
below the maximum 6l units (150 units per acre) on the 0.41± net acre site.
• Pursuant to Article 17, Section 914.1, the proposed project is requesting a
development bonus of 9,675 square feet of additional floor area, and shall pay into
the Affordable Housing Trust Fund an amount of $12.40 per square foot =
$119,970.00.
• It is found that the project is expected to cost approximately $11,200,000, and to
employ approximately 101 workers during construction (FTE-Full Time Employees);
The project will generate approximately $123,728 annually in tax revenues to the
City (2005 dollars).
• It is found that the proposed project was reviewed by the Design Review Committee
on November 2, 2004 and the following pertinent comments were made: Site
Plan/Urban Design — (1) The revised ground floor plan, with the addition of a unit
on the ground floor plan facing the garden, is a great improvement over the previous
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submittal reviewed by the committee; (2) The provision of liner residential units
fronting the upper levels of the garage on NE 29th is appropriate, in order to conceal
the garage and provide useable active space fronting the street; (3) The inclusion of
the proposed Onyx 2 project's floor plan and elevation drawings is appreciated in
order to view the project's relationship to the adjacent proposal; Architecture — (1)
The committee appreciates the detailed elevation drawings presented in this review
package. The building has an appropriate appearance and benefits from the use of
a large amount of windows, balconies, terraces and color variety; (2) The artistic
solution for the exposed garage facades is appropriate. It is critical that parked cars
and mechanical systems within the garage be hidden from view, as indicated in the
garage detail and section drawings; Landscaping — (1) When available, submit a
landscape plan that specifies the species (common and botanical names), sizes
(height x spread and/or container size) at time of planting, quantities, and proposed
locations of all plant materials, existing and proposed; (2) The landscape plan shall
include planting details and planting specifications; (3) A significant landscape buffer
shall be provided between the garage pedestal and the property lines on all three
sides of the property. 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 January 5, 2005. The student population generated by this
development is estimated at 9 students. The schools serving this area of application
are Eneida M. Hartner Elementary (4 students) — 116% Florida Inventory School
Houses (FISH) Capacity with the proposed project; Jose De Diego Middle (2
students) — 113% FISH; and Booker T. Washington Senior High (3 students) - 57%
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 $52,497. Based on the State's January 2005 student station cost factors,
capital costs for the estimated additional students to be generated by the proposed
development is $146,191.
• It is found that on January 12, 2005, the Miami -Dade Aviation Department provided
a review of the proposed project and found that it conforms to the Miami -Dade
County Height Zoning Ordinances.
• It is found that the Large Scale Development Committee reviewed the project on
January 19, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that on February 7, 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 for design appropriateness by the
Urban Development Review Board on February 16, 2005, which recommended
Approval (UDRB Reso. 2-16-05-4).
• It is found that the proposed project was reviewed for the following variance: Article
6, Section 620.2.3.1 Schedule of District Regulations, required front yard, 20 feet
minimum allowed, to allow a minimum yard of 5 feet, by the Miami Zoning Board at
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its meeting of April 25, 2005, Item No. 7, which RECOMMENDED APPROVAL by a
vote of five to four (5-4), requiring City Commission approval.
Required 20 feet
Proposed 5 feet
Request to waive 15 feet
• 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 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/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.
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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.
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 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. That the accompanying requested application for the Variance on this property
is approved by the City Commission.
12. A development bonus to permit a mixed use of 9,675 square feet of floor area
shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $119,970.00.
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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