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HomeMy WebLinkAboutOLD MUSP Analysis• • • Analysis for Major Use Special Permit for the Ocean Palace Project located at approximately 850 NW Le Jeune Road CASE NO. 2004-046 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Ocean Palace Project has been reviewed to allow a Major Use Special Permit per Articles 13 and 17, to be comprised of a five -story mixed use structure, with 400 total multifamily residential units with recreational facilities, 8,600 square feet of ground level retail space, and approximately 809 total underground park- ing spaces. This Permit also includes the following requests: MUSP, as per Article 17 for development of 400 residential units; MUSP, as per Article 17 for underground parking of approximately 809 parking spaces; MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by twenty percent, 72,794 square feet; SPECIAL EXCEPTION, as per Section 401 for residential uses within C-2; SPECIAL EXCEPTION, as per Section 915.2 for FAA clearance letter; SPECIAL EXCEPTION, as per Section 401 to allow for bars, saloons, taverns, and/or supper clubs; CLASS II, as per Article 9, Section 906.6, for active recreational facilities (including swimming pools) not within rear yard; CLASS II, as per Article 9, Section 927, to allow temporary off -site parking during construction; CLASS I, as per Article 9, Section 906.9 to allow for a special event namely a ground breaking ceremony; CLASS I, as per Article 4, Section 401 to allow for child care facilities; CLASS I, 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, as per Article 9, Section 925.3.8, to allow development/construction/rental signage; CLASS I, as per Article 9, Section 920.1, to allow a construction trailer and watchman's quarters; Note: Designation as a phased development pursuant to Section 2502 of Ordinance No. 11000. REQUEST that the following MUSP conditions be required at the time of Temporary Certificate of Occupancy or Final Certificate of Occupancy instead of at the 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 Page 1 of 4 • • • 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 and Zoning Department has referred this project to the Large Scale Development Committee (LSDC) and the Planning & Zoning's 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 new residential and commercial opportunities in the Flagami NET District, located along Le Jeune Road between NW 7th Street and NW 9th Street. • It is found that the subject property is located in the "Wilder" Plat within the Le Jeune Gardens neighborhood of the City and must be platted prior to the issuance of building permits. • It is found that the existing zoning designation for the property pursuant to the Zoning Ordinance of the City of Miami, Florida is C-2 "General Commercial" and the Miami Comprehensive Neighborhood future land use designation 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 efficient use of existing mass transit systems. • It is found that the proposed density of the project, 82.33 units per acre, is well below the maximum 150 units per acre permitted for the 4.858-gross acre site. • It is found that, based on the Traffic Impact Analysis Review by the City's Traffic Consultant, URS Corp, that the area has a Level of Service "F" with or without this project. The previous use of this site was Ocean Mazda. Comments from URS on February 16, 2004 to the applicant are still outstanding. • It is found that the project was reviewed by the Large Scale Development Committee on December 22, 2003 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 March 17, 2004, which recommended denial (UDRB Reso. 3-17-04-6). Page 2of4 • • • It is found that the proposed project was reviewed for a Special Exception by the Zoning Board on May 10, 2004, which recommended approval with conditions (2004-0803). • It is found that the proposed project was reviewed by Miami -Dade Public Schools on April 30, 2004, which stated that all the schools serving this area of application meet the review threshold. • It is found that the proposed project was reviewed by the Miami -Dade County Aviation Department (MDAD), and in its letter of February 18, 2004 which stated that it strongly objects to this project due to its location inside the Outer Safety Zone (OSZ) as depicted on the proposed Land Use Zoning Ordinance for Miami International Airport (MIA). • It is found_.that the property is deed restricted to a maximum height of 50 feet (height of proposed structure is 47.5 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 and Zoning 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 Department of Planning and Zoning, 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 Director of the Department of Planning and Zoning 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 Page 3 of 4 • • 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. 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, recordable 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. 7. Provide the Department of Planning and Zoning 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 Department of Planning and Zoning 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. 8. 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 Department of Planning and Zoning with all subordinate Class I Special Permit plans and detailed re- quirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the re- quested activities and/or improvements listed in this development order or cap- tioned in the plans approved by it. 9. 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 subject to review and approval by the Director of Planning and Zoning. 10. The applicant is required to resolve all outstanding Traffic Analysis issues prior to being heard by the City Commission. 11. Pursuant to the Large Scale Development Committee's review, the applicant shall promote the use of public ridership or other methods of reducing trips, include a monitoring program, and to provide transit information in the lobby. FDOT approval of access points will be required prior to building permit. 12. Pursuant to the Zoning Board review, the applicant shall adhere to the conditions of approval placed by the Zoning Board as provided in the City Commission Resolution. 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. Page 4 of 4