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HomeMy WebLinkAboutMUSP AnalysisANALYSIS MAJOR USE SPECIAL PERMIT for BYBLOS CONDOS located at approximately 3841, 3845, and 3851 Bird Road; 2951, 2957, and 2981-83 SW 38 Court CASE NO. 2005-061 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Byblos Condos project (MU-2005-011) has been reviewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, located at ap- proximately 3841, 3845, and 3851 Bird Road; 2951, 2957, and 2981-83 SW 38 Court, Miami, Florida, to construct a 128-foot, 13-story high mixed use structure to be com- prised of approximately 38 total two-story multifamily residential units with recreational amenities, approximately 17,112 square feet of office space; approximately 13,984 square feet of retail space; and approximately 215 total parking spaces; providing for certain floor area ratio ("FAR") bonuses. This Permit also includes the following requests: MAJOR USE SPECIAL PERMITS 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 and additional 15,539 sq. ft. at an amount of $12.40 per square foot for a total of $192,683.60; MUSP, as per Article 5, Section 502, PUD to increase 20% of the total floor area, for a maximum of 15,782 square feet of bonus; Per City Code, Chapter 36, construction equipment request for waiver of noise ordinance while under construction for continuous pours. The Major Use encompasses the following Special Permits: SPECIAL EXCEPTIONS SPECIAL EXCEPTION, as per Article 4, Section 401, to permit residential uses within the C-2 at a density of R-3 or higher; SPECIAL EXCEPTION, as per Article 6, Section 612, to permit surface parking in the SD-12 overlay. VARIANCE VARIANCE, of Article 4, Section 401, to permit a building height of thirteen stories, where ten stories are required. Allowed 10 stories Proposed 13 stories Request to increase 3 stories Page 1 of 6 CLASS II PERMITS CLASS II SPECIAL PERMIT, as per Article 9, Section 922.4(c) to allow maneuvering of trucks on a public alley; CLASS II SPECIAL PERMIT, as per Article 9, Section 903.1 to allow a project designed as a single site separated by street or alley; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for 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 II SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer(s) for construction and other temporary offices such as leasing and sales; CLASS I PERMITS 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 917.1.2 to permit valet parking for residential use 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, to allow a construction trailer and watchman's quarters. CLASS I SPECIAL PERMIT, as per Article 9, Section 925.3.8, 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 Coral Way NET District, located at the NE corner of Bird Road and NE 38 Court. Page 2 of 6 • It is found that the subject property is located in the "Cocoanut Grove" Plat within the Douglas Park neighborhood of the City. • It is found that the zoning designation of the property is C-2 (Liberal Commercial) (0.55± net acres) and a proposed R-2 (Two -Family Residential) with SD-12 (Buffer Overlay District) (0.52± net acres) 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 "General Commercial". • It is found that the residential density of the project (38 units at 69 units per acre) is below the maximum 82.5 units (150 units per acre) on the 0.55± net acre C-2 zoned portion of the site. • It is found that the proposed project will provide three (3) levels of underground parking for the residents and surface parking for the retail element of the project. • It is found that the project has convenient access to the Metrorail system at the Douglas Road station, located approximately three blocks south of the subject property, with connections to the Metromover and Tri-Rail systems, for efficient use of existing mass transit systems. • Pursuant to Article 17 and Section 914.1, the proposed project is requesting a development bonus of 15,539 square feet of additional floor area, and shall pay into the Affordable Housing Trust Fund at amount of $12.40 per square foot = $192,683.60. • It is found that the project is expected to cost approximately $16,000,000, and to employ approximately 160 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 110 permanent new jobs (FTE) and will generate approximately $297,721 annually in tax revenues to the City (2005 dollars). • It is found that the proposed project was reviewed by the Internal Design Review Committee on January 11, 2005 and the following pertinent comments were made: Urban Design — (a) The site plan of the project is much improved over the previous version reviewed by the committee, as the building's frontage is placed directly adjacent to the sidewalk, and the parking spaces between the building and the street have been removed; (b) The use of three levels of underground parking in order to conceal vehicles and avoid the provision of elevated garage levels, is a very positive design contribution; (c) The provision of loading access from the alley is appropriate. Confirm with the Public Works Department to verify that the proposed solution will satisfy the turning requirements for loading vehicles; (d) The driveway for vehicular entry into the project shall be designed to ramp up into the site. Contact the Public Works Department regarding specific requirements for the driveway; Architectural Design — (a) The building appears to have an appropriate appearance, and uses a generous amount of glass within the facades, particularly within the south elevation. In the next submittal, please provide more details describing the proposed material and color selections in order to gain a further understanding of the building's appearance; (b) Consider providing a design treatment for the stair tower on the north side of the building in order to mitigate the effect of the blank wall. Since this Page 3 of 6 wall faces the pool deck, an artistic design for this wall area would be an appropriate solution; Landscaping — The landscape plan has been reviewed and found to be appropriate; The Planning Department's review resulted in design modifications that were then recommended for approval to the Planning Director. • It is found that on January 26, 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. Since the proposed building height is less than 200 ft. above Mean Sea Level, it does not require the applicant to file with the Federal Aviation Administration (FAA) Form 7460-1, however, construction cranes for this project exceeding 200 feet in height must be filed using the same form. • It is found that the Large Scale Development Committee reviewed the project on February 16, 2005 to address the expressed technical concerns raised at said Large Scale Development Committee meeting. • It is found that on March 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 March 16, 2005, which recommended Approval (UDRB Reso. 3-16-05-1). • It is found that the proposed project was reviewed for Change of Zoning from R-2 (Two -Family Residential) to R-2 (Two -Family Residential) with an SD-12 (Buffer Overlay District) by the Miami Zoning Board at its meeting of May 23, 2005, Item No. 8, which RECOMMENDED DENIAL (Reso. 2005-1030) by a vote of five to three (5- 3), requiring City Commission approval. It is found that the proposed project was reviewed for a Special Exception to permit residential uses within the C-2 at a density of R-3 or higher and to permit surface parking in the SD-12 overlay, by the Miami Zoning Board at its meeting of May 23, 2005, Item No. 9, which RECOMMENDED DENIAL (Reso. 2005-1031) by a vote of seven to one (7-1), requiring City Commission approval. • It is found that the proposed project was reviewed for a Variance to permit a building height of thirteen stories, where ten stories are required (request to increase 3 stories), by the Miami Zoning Board at its meeting of May 23, 2005, Item No. 10, which RECOMMENDED DENIAL (Reso. 2005-1032) by a vote of four to four (4-4), requiring City Commission approval. • It is found that Miami -Dade Public Schools provided a revised review of the proposed project on June 21, 2005. The student population generated by this development is estimated at 8 students. The schools serving this area of application are Frances S. Tucker Elementary (4 students) — 79% Florida Inventory School Houses (FISH) Capacity with the proposed project; Ponce De Leon Middle (2 students) — 105% FISH; and Coral Gables Senior High (2 students) - 165% FISH. Pursuant to the interlocal agreement, only Coral Gables Senior High School 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 Page 4 of 6 approved, would total $52,392. Based on the State's February 2005 student station cost factors, capital costs for the estimated additional students to be generated by the proposed development is $126,472. • 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. 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, Page 5 of 6 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 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) Provide a design treatment for the stair tower on the north side of the building in order to mitigate the effect of the blank wall. 12. That the requested applications for the Change of Zoning, Special Exception and Variance on this property are approved by the City Commission. 13. A development bonus to permit a mixed use of 15,539 square feet of floor area shall require payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot = $192,683.60. 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. Page 6 of 6