HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit
for
Miami Rivertown
located at approximately
1400-1500 NW North River Drive
CASE NO. 2005-043
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Miami Rivertown project (MU-2005-002) has been
reviewed to allow a Major Use Special Permit per Articles 13 and 17, located at ap-
proximately 1400-1500 NW North River Drive, Miami, Florida, to construct a mixed use
three building cluster development ranging in height from approximately 362 feet to 368
feet to be comprises of approximately 985 total multifamily residential units with recrea-
tional amenities; approximately 98,129 square feet of office space; approximately
51,045 square feet of retail space; and approximately 1,866 total parking spaces.
This Permit also includes the following requests:
MUSP, as per Article 17, Section 1701, to permit residential in excess of two
hundred (200) dwelling units. Proposed 985 units;
MUSP, as per Article 17 for development to provide parking in excess of 500
spaces or more. Proposed 1,866 parking spaces;
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 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, as per Article 9, Section 918.2, for parking and
staging of construction during construction;
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(d), to allow a
construction trailer;
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
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
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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 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 Allapattah NET District, located on the
north side of the Miami River between NW 14 Avenue and NW 17 Avenue.
• 1t is found that the subject property is located in the "St. Johns Park" and "Country
Club Apartment" Plats within the Civic Center neighborhood of the City.
• It is found that the proposed project was reviewed for Change of Zoning from 0
"Office" to C-1 "Restricted Commercial District" with SD-19 "Designated F.A.R.
Overlay District with a 2.8 F.A.R." by the Miami Zoning Board at its meeting of April
25, 2005, Item No. 2, which RECOMMENDED APPROVAL by a vote of nine to zero
(9-0), requiring City Commission approval.
• It is found that the proposed Change of Zoning is scheduled to be heard by the
Miami City Commission at its meeting of May 26, 2005.
• It is found that the proposed density of the project (985 units at 150 units per acre) is
at the maximum permitted on the 6.57± net acre site.
• It is found that the project is expected to cost approximately $164,000,000, and to
employ approximately 2,675 workers during construction (FTE-Full Time
Employees); The project will also result in the creation of approximately 173
permanent new jobs (FTE) and will generate approximately $3,385,278 annually in
tax revenues to the City (2005 dollars).
• It is found that the proposed project was reviewed by the Design Review Committee
on February 8, 2005 and the following pertinent comments were made in reference
to the modified parking layouts: (a) The committee finds the parallel parking to be a
preferable solution to the angled parking proposal. However, consider providing the
parallel parking along NW North River Drive, and pursue the possibility of dedicating
some of the land in the site for public right of way sidewalk access. Refer to the
diagram on the following page which illustrates this solution. A dedication of
approximately 8' would enable this solution, and would be acceptable to the Public
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Works Department; (b) This solution is preferable because it provides fewer
vehicular pedestrian/vehicular conflict points, wider sidewalks, and improved
vehicular traffic flow; and (c) This solution allows for a double row of shade trees to
provide continuous shade for pedestrians. Alternatively, the applicant could consider
extending the retail square footage closer to NW North River Drive. The Planning
Department's review resulted in design modifications that were then recommended
for approval to the Planning Director.
• It is found that on December 9, 2004, 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
December 14, 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 Historic and Environmental
Preservation Board (HEPB) on January 4, 2005, which approved (HEPB 2005-02) 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 on January 5, 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 January 19, 2005, which recommended
Approval (UDRB Reso. 1-19-05-1) with one condition: Phase 1 needs another
entrance/exit opened to NW 15 Avenue.
• It is found that the proposed project was reviewed by the Miami River Commission
on February 7, 2005, which found the proposed project consistent with the Miami
River Corridor Urban Infill Plan and the Miami River Greenway Action Plan.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on May 18, 2005. The student population generated by this
development is estimated at 266 students. The schools serving this area of
application are Paul L. Dunbar Elementary (122 students) — 73% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Brownsville Middle (67
students) — 97% FISH; and Miami Jackson Senior High (77 students) - 88% FISH.
Pursuant to the interlocal agreement, none of the schools listed meets the review
threshold of 115%. At an average of $6,549 per K-12 student, the total annual
operating cost for the additional students residing in this development, if approved,
would total $1,742,034. Based on the State's May 2005 student station cost factors,
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capital costs for the estimated additional students to be generated by the proposed
development is $4,275,427.
• 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.
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.
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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 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 HEPB Resolution 2005-02, 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. That the accompanying requested application for the Zoning Change on this
property is approved by the City Commission.
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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