HomeMy WebLinkAboutMUSP AnalysisAnalysis for Major Use Special Permit for
Century Plaza
located at approximately
850 Le Jeune Road and 865 NW 43 Avenue
CASE NO. 2005-052
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Century Plaza (fka Ocean Palace) project (MU-
2005-015) has been reviewed to allow a Major Use Special Permit per Articles 5, 13 and
17, located at approximately 850 Le Jeune Road and 865 NW 43 Avenue, Miami, Flor-
ida, to construct a mixed use two building development of approximately 74 feet and 7
stones height; consisting of approximately 324 units with recreational amenities; ap-
proximately 7,994 square feet of retail; and approximately 664 parking spaces; providing
for certain floor area ratio ('FAR") bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMIT
MUSP, as per Article 17 for development of 324 residential units;
MUSP, as per Article 17 for parking of approximately 664 parking spaces;
MUSP, as per Article 5, Section 502, and Article 17 for increase in floor area
ratio of 20% over that permitted in the underlying district, requesting an
increased of 29,815 square feet (8.2%).
The Major Use encompasses the following Special Permits:
SPECIAL EXCEPTIONS
SPECIAL EXCEPTION, as per Article 4, Section 401 to permit multi -family
residential of a density of R-3 or higher;
SPECIAL EXCEPTION, as per Article 4, Section 401 to permit drive -through
facilities for financial institutions;
CLASS II PERMITS
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow a 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 1 PERMITS
CLASS I SPECIAL PERMIT, as per Article 4, to allow for child care 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, to allow temporary
off -site parking for construction crews working on a residential project;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920,1, to allow a
construction trailer and watchman's quarters;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage.
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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.
Designated as a PHASED PROJECT, pursuant to Section 2502 of Zoning Ordinance
11000, as amended.
Pursuant to Articles 5, 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 this project, formerly known as Ocean Palace, went before the
Planning Advisory Board on June 16, 2004, which recommended Denial (PAB Reso.
78-04).
• It is found that this project, formerly known as Ocean Palace, went before the City
Commission for a MUSP approval on September 23, 2004, at which it was deferred
with no time certain.
• It is found that the proposed development project will benefit the area by creating
additional residential opportunities in the Flagami NET District, located on Le Jeune
Road north of NW 7 Street.
• It is found that the subject property is located within the Le Jeune Gardens
neighborhood of the City.
• It is found that the subject property is not yet platted. The property must be platted
and a new subdivision created in order to obtain building permits for this project (City
of Miami Public Works Department memorandum of December 18, 2003).
• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the property is the C-2 "Liberal Commercial" Zoning
District and pursuant to the Comprehensive Neighborhood Plan of the City of Miami,
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Florida, the existing Future Land Use category for the property is "General
Commercial".
• It is found that the project has convenient access to several forms of public
transportation. It is also located within one mile to the proposed Miami Intermodal
Center (MIC), located north from the subject property, for future efficient use of
existing mass transit systems.
• It is found that the proposed density of the project (324 units at 75 units per acre) is
below the maximum 647 units (150 units per acre) on the 4.31± net acre site.
• It is found that the project is expected to cost approximately $143,840,340, and to
employ approximately 193 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 5 permanent new jobs
(FTE) and will generate approximately $728,287 annually in tax revenues to the City
(2005 dollars).
• It is found that the Large Scale Development Committee reviewed the project on
December 22, 2003 to address the expressed technical concerns raised at said
Large Scale Development Committee meeting.
• It is found that on July 20, 2004, the City's Traffic Consultant, URS Corp., provided a
review of the Traffic Impact Analysis submitted by the applicant.
• It is found that on August 13, 2004, the Miami -Dade Aviation Department (MDAD)
provided a Height Analysis review of the proposed project and found that it conforms
to the Miami -Dade County Height Zoning Ordinances.
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on January 25, 2005 and the following pertinent comments were made:
Urban Design — (a) The revised building ground floor frontage along Le Jeune Rd.
and SW 43r Ave. is much improved over the previous submittal. The committee
appreciates the revision to the project to provide a more urban street frontage with
steps leading directly to retail and lobby spaces, along with the provision of street
trees within planters; (b) As stated previously, given the large depth of the lot, it is
inappropriate to provide parking spaces on the ground floor on NW 43rd Ave.
Remove these parking spaces and replace them with active habitable spaces, such
as retail space, office space, residential amenity areas or walk-up townhouse units
to provide continuous habitable space along the entire NW 43rd Ave. frontage;
Architecture — (a) The revised east and west elevation drawings, which provide
more architectural variety within these long facades, are appropriate. Please
indicate all proposed building materials and colors in the elevation drawings, and
clarify what the grey elements within the center of the east elevation are; (b) In order
to enhance the appearance of the four corners of the building, eliminate the blank
wall portions of the building's corners by providing windows in south side of the units
on the southeast and southwest corners, and on the north side of the units in the
northeast and northwest corners; Miami Airport Proximity - Confirm with the
Miami -Dade County Aviation Department (MDAD) regarding the proposed
development, given its location close to the Miami International Airport;
Landscaping - (a) 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. The
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landscape plan shall include planting details and planting specifications; (b) Verify
the viability of the planting areas within the lower level parking area, as these areas
will not receive very much natural light; (c) The provision of shade trees along Le
Jeune Rd. and NW 43rd Ave. is appropriate. These shade trees shall be 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 (verify this possibility
with the Public Works Department and other appropriate agencies). Palm trees may
be utilized periodically as an accent to the architecture of the building. The Planning
Department's review resulted in design modifications that were then recommended
for approval to the Planning Director.
• 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. 2-16-05-6) with the following conditions: Consider treating
the driveways on the north and south of the building as asphalt paved tree lined
street with at least one pedestrian sidewalk.
• It is found that on March 18, 2005, the Miami -Dade Aviation Department (MDAD)
commented on the proposed project and stated that the project is located inside the
Outer Safety Zone (OSZ), the Outer Land Use Zone (OLZ), and the Critical
Approach Departure Surface Area (CA -A) for Miami International Airport (MIA).
Miami -Dade County's Land Use Zoning Ordinance for MIA (#04-203) adopted on
November 30, 2004, states that "new residential construction, educational facilities
(excluding aviation related schools), and buildings for public assembly in excess of
1,000 persons are prohibited within the OSZ.
• It is found that the proposed project was reviewed for a Special Exception to permit
multifamily residential of a density equal to R-3 or higher, and to permit drive -
through facilities for financial institutions by the Miami Zoning Board at its meeting of
May 23, 2005, Item No. 11, which RECOMMENDED APPROVAL (Reso. 2005-1033)
by a vote of eight to zero (8-0), requiring City Commission approval.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on June 17, 2005. The student population generated by this
development is estimated at 87 students. The schools serving this area of
application are Kinloch Park Elementary (40 students) — 155% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Kinloch Park Middle (22
students) — 109% FISH; and Coral Gables Senior High (25 students) - 166% FISH.
Pursuant to the interlocal agreement, all three schools meet 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
$569,763. Based on the State's June 2005 student station cost factors, capital costs
for the estimated additional students to be generated by the proposed development
is $1,398,672.
• 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.
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. 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 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 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) Articulate the blank wall por-
tions of the building's corners by providing windows in the south side of the
units on the southeast and southwest corners, and on the north side of the
units in the northeast and northwest corners; (b) A final landscape plan shall be
submitted for review and approval of the Planning Director prior to the issuance
of a building permit.
12. Pursuant to comments by City of Miami Public Works Department, the subject
property must be platted and a new subdivision created in order to obtain
building permits for this project.
13. That the requested Special Exception application is approved by the City
Commission.
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.
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