HomeMy WebLinkAboutAnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
VILLA PATRICIA
located at approximately
234-242 NE 791h Street; and 7811-7831 NE 2nd Avenue
CASE NO. 2005-075
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Villa Patricia project (MU-2005-026) has been re-
viewed to allow a Major Use Special Permit per Articles 5, 13 and 17, located at ap-
proximately 234-242 NE 79th Street; and 7811-7831 NE 2nd Avenue, Miami, Florida, to
construct an approximate 156-foot, 17-story high mixed use structure to be comprised of
approximately 315 total multifamily residential units with recreational amenities; ap-
proximately 575 square feet of office space; approximately 2,140 square feet of retail
space; and approximately 232 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 for development of 315 residential units;
MUSP, as per Article 17 for parking of approximately 232 parking spaces;
Per City Code, Chapter 36, construction equipment request for waiver of noise
ordinances while under construction for continuous pours.
The Major Use encompasses the following Special Permits:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 9, Section 917.5, to permit reduction
of off-street parking requirements in connection with housing for the elderly in an
amount not Tess than one parking space for every two units. Providing 223
spaces where 352 are required pursuant to special permit.
Required Residential 352
Proposed Residential 223
Request to waive 129
Required Retail 9
Proposed Retail 9
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow a
construction fence and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor
eating areas and outdoor cafes;
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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;
CLASS I 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 SPECIAL PERMIT, as per Article 9, Section 904, 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;
REQUEST for applicable MUSP conditions to be satisfied 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, 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 elderly residential opportunities in the Little Haiti NET District, located on
NE 79th Street one block east of NE 2nd Avenue.
• It is found that the subject property is located in the "Frank J. Pepper" Plat within the
Little River Central neighborhood of the City.
• It is found that the zoning designation of the property is C-1 (Restricted Commercial)
• 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 "Restricted
Commercial".
• It is found that the residential density of the project (315 units at 130 units per acre)
is below the maximum 363 units (150 unitsper acre) on the 2.42± net acre site.
• It is found that the project is expected to cost approximately $86,436,166, and to
employ approximately 166 workers during construction (FTE-FuI1 Time Employees);
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The project will also result in the creation of approximately 7 permanent new jobs
(FTE) and will generate approximately $443,162 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 May 17, 2005 and the following pertinent comments were made:
Landscaping - Provide details of the materials proposed to cover the garage
openings and indicate how all vehicles and mechanical systems within the garage
will be concealed from view. The Planning Department's review resulted in design
modifications that were then recommended for approval to the Planning Director.
• It is found that on June 1, 2005, the City's Traffic Consultant, URS Corp., provided a
review (W.O. #109) of the Traffic Impact Analysis submitted by the applicant and
has found the traffic analysis sufficient.
• It is found that on June 7, 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. The proposed building height
requires the applicant to file with the Federal Aviation Administration (FAA) Form
7460-1, "Notice of Proposed Construction Alteration for Determination of Known
Hazards". In addition, construction cranes for this project exceeding 200 feet in
height must be filed using the same form.
• It is found that on June 7, 2005, the City of Miami Public Works Department
provided a review of the project and commented that: (a) A portion of the building
site is unplatted property and easements are located throughout the site. Platting of
the property shall be required prior to obtaining building permits; (b) Applicant shall
replace all damaged and broken sidewalk, curb and gutter on both sides of NE 78th
Street and NE 2n`t Avenue for the entire block; (c) Construct new sidewalk in the
additional 5 foot dedicated right of way.
• It is found that the Large Scale Development Committee reviewed the project on
June 14, 2005 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 July 20, 2005, which recommended Approval
(UDRB Reso. 7-20-05-11) with the following conditions: (a) The context plan is
unclear and requires more detail; (b) Raise the level of the townhouses and provide
stoops for the pedestrian entrances; (c) The colors are too strong. Provide a softer
color palette; and (d) Provide a pass -through loading condition.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on August 23, 2005, which stated that the requirements of the
Interlocal Agreement are not triggered since the proposed project is an Elderly
Housing Project. It is understood by the School Board is recommending that the City
of Miami require a land use covenant to be recorded against the property restricting
its use as elderly affordable housing for 50 years.
• 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.
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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 re-
sponsibility, 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 Con-
tractor/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.
5) 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 man-
datory 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 Attorneys Office.
8) Provide the Planning Department with a temporary construction plan that in-
cludes 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 ap-
proval 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 devel-
oped or provided, the applicant shall provide the Planning Department with all subordi-
nate Class I Special Permit plans and detailed requirements for final review and ap-
proval of each one prior to the issuance of any of the subordinate approvals required in
order to carry out any of the requested activities and/or improvements listed in this de-
velopment order or captioned in the plans approved by it.
10) If the project is to be developed in phases, the Applicant shall submit an in-
terim plan, including a landscape plan, which addresses design details for the land oc-
cupying future phases of this Project in the event that the future phases are not devel-
oped, said plan shall include a proposed timetable and shall be subject 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 details of the materials pro-
posed to cover the garage openings and indicate how all vehicles and mechanical sys-
tems within the garage will be concealed from view, and (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 the City of Miami Public Works Department, the
applicant shall meet the following conditions: (a) Platting of the property shall be re-
quired prior to obtaining building permits; (b) Applicant shall replace all damaged and
broken sidewalk, curb and gutter on both sides of NE 78th Street and NE 2nd Avenue for
the entire block; and (c) Construct new sidewalk in the additional 5 foot dedicated right
of way.
13) Within 90 days of the effective date of this Development Order, record a
certified 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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