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HomeMy WebLinkAboutMUSP AnalysisAnalysis for Major Use Special Permit for Urban River located at approximately the entire block bounded by NW 6th Avenue on the East, NW 7th Avenue on the West, NW 8th Street on the North, and NW 7th Street on the South CASE NO. 2005-051 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Urban River project (MU-2005-014) has been re- viewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, located at ap- proximately the entire block bounded by NW 6th Avenue on the East, NW 7t" Avenue on the West, NW 8t" Street on the North, and NW 7th Street on the South, Miami, Florida, to construct a two building mixed use development ranging in height from approximately 141 feet to 197 feet to be comprised of approximately 577 total multifamily residential units with recreational amenities; approximately 7,700 square feet of retail space; and approximately 930 total parking spaces; providing for certain floor area ratio ("FAR") bo- nuses. This Permit also includes the following requests: MAJOR USE SPECIAL PERMITS MUSP, as per Article 17 for development of 577 residential units; MUSP, as per Article 5, Section 502, to permit a planned unit development with additional floor area of 80,883 square feet (20%); MUSP, as per Article 9, Section 914, to permit additional floor area through developer contribution to the Affordable Housing Trust Fund. Requesting an additional 121,323 square feet, at an amount of $12.40 for a total of $1,504,405.20; MUSP, as per Article 17, for development of project with 930 parking spaces; Certificate of Compliance in Lieu of SPECIAL EXCEPTION (with City Commission Approval), as per Article 9, Section 949, to bring a legally nonconforming freestanding personal wireless service facility monopole into compliance. The Major Use encompasses the following Special Permits: CLASS 11 PERMITS CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow a maximum building footprint of up to 60% for inclusion of habitable liners shielding parking facilities from public view; CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary off -site parking during construction:x> CLASS I SPECIAL PERMITS CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event namely a ground breaking ceremony; Page 1 of 6 CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and staging of construction during construction; CLASS 1 SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction trailer and watchman's quarters and other temporary offices such as leasing and sales; CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow development/construction/rental signage. 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. 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 Overtown NET District, located at the SE corner of NW 7 Street and NW 7 Avenue. • It is found that the subject property is£:docated in the "Miami North" Plat within the Culmer neighborhood of the City. • It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the existing zoning designation for the property is the 1 "Industrial" Zoning District, and that the proposed designation for the property is the C-1 "Restricted Commercial" Zoning District. • It is found that pursuant to the Comprehensive Neighborhood Plan of the City of Miami, Florida, the existing Future Land Use category for the property is "Industrial", and that the proposed category for the property is "Restrictive Commercial". An application for this Future Land Use Change accompanies this Major Use Special Permit (MUSP) application. • It is found that there is an existing legal nonconforming personal wireless service facility monopole tower on the site. The Planning Department's recommendation to Page 2 of 6 the Zoning Board was that the existing tower may remain in its current location until such time as the first of the proposed residential towers receives a Certificate of Occupancy; at that time, the facility shall be relocated to the rooftop of the residential tower. • It is found that the proposed density of Ole project (577 units at 138 units per acre) is below the maximum 629 units (150 units per acre) on the 4.196± net acre site. • Pursuant to Article 9, Section 914.1, the proposed project is requesting a development bonus of 121,323 square feet of additional floor area, and shall pay into the Affordable Housing Trust Fund at amount of $12.40 per square foot = $1,504,405.20. • It is found that the proposed project is located within an Archeological Conservation area and is therefore subject to a Certificate of Appropriateness for any ground disturbing activity within the designated area. • It is found that the project is expected to cost approximately $247,022,295, and to employ approximately 423 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 14 permanent new jobs (FTE) and will generate approximately $1,241,643 annually in tax revenues to the City (2005 dollars). • It is found that on February 4, 2005, the Miami -Dade Aviation Department 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 on February 21, 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 Large Scale Development Committee reviewed the project on February 23, 2005 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 Internal Design Review Committee on March 8, 2005 and the following pertinent comments were made: Landscaping — (1) Please coordinate the landscape plan and the ground floor plan, and remove the continuous shrub in front of the townhouse units facing the streets, allowing for direct access between the sidewalk and each townhouse unit. A deco- rative fence and gates (with visual transparency above 42" in height) may be pro- vided for security purposes; (2) Pursue with the Public Works Department the possi- bility of locating the street trees at the edge of curb in the public right of way. This will provide a better buffer between vehicular and pedestrian traffic. 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 March 16, 2005, which recommended Approval (UDRB Reso. 3-16-05-3). Page 3 of 6 It is found that the proposed project was reviewed by the Historic and Environmental Preservation Board (HEPB) on April 5, 2005, which approved (HEPB 2005-32) 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 Preservation Officer shall be notified prior to construction activities and in the event of a significant discovery, as per the management plan submitted; (3) Any archeological sites or features uncovered during construction will be fully documented by the consultant archeologist; and (4) A final report shall be submitted to the City Archeologist documenting the results of this investigation. • It is found that Miami -Dade Public Schools provided a revised review of the proposed project on May 13, 2005. The student population generated by this development is estimated at 150 students. The schools serving this area of application are Frederick Douglas Elementary (35 students) — 59% Florida Inventory School Houses (FISH) Capacity with the proposed project; Riverside Elementary (34 students) — 147% FISH; Jose De Diego Middle (37 students) — 117% FISH; and Booker T. Washington Senior High (44 students) - 59% FISH. Pursuant to the interlocal agreement, Riverside Elementary and Jose de Diego Middle School 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 $982,350. 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 $2,415,941. • It is found that the proposed project was reviewed for Change of Zoning from I "Industrial" to C-1 "Restricted Commercial District" by the Miami Zoning Board at its meeting of May 23, 2005, Item No. 4, which RECOMMENDED APPROVAL (Reso. 2005-1025) by a vote of seven to zero (7-0), requiring City Commission approval. • It is found that the proposed project was reviewed for a Certificate of Compliance in lieu of a Special Exception (with City Commission approval) to bring a legally nonconforming freestanding personal wireless service facility monopole into compliance, by the Miami Zoning Board at its meeting of May 23, 2005, Item No. 5, which RECOMMENDED APPROVAL (Reso. 2005-1026) by a vote of seven to zero (7-0), requiring City Commission approval. • 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 Page 4 of 6 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. 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 1 Special Permits for which specific details have not yet been Page 5 of 6 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) A final landscape plan shall be submitted for review and approval of the Planning Director prior to the issuance of a building permit; (b) The existing tower may remain in its current location until such time as the first of the proposed residential towers receives a Certifi- cate of Occupancy; at that time, the applicant and the facility owner shall use their best efforts to relocate the tower to the rooftop of the residential tower. 12. That the requested application for the Change of Zoning, the Special Excep- tion, and the accompanying Future Land Use Change on this property are ap- proved by the City Commission. 13. Pursuant to HEPB Resolution 2005-32, 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 man- agement plan submitted by the Archaeological and Historical Conservancy, Inc.; (b) The Preservation Officer shall be notified prior to construction activities and in the event of a significant discovery, as per the management plan sub- mitted; (c) Any archeological sites or features uncovered during construction will be fully documented by the consultant archeologist; and (d) A final report shall be submitted to the City Archeologist documenting the results of this in- vestigation. 14. A development bonus to permit a mixed use of 121,323 square feet of floor area shall require payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot = $1,504,405.20. 15. 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