HomeMy WebLinkAboutMUSP AnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
LAFAYETTE SQUARE
located at approximately
141 NE 78th Street
CASE NO. 2005-077
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Lafayette Square project (MU-2005-027) has been re-
viewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, located at ap-
proximately 141 NE 78th Street, Miami, Florida, to construct an approximate 170-foot,
19-story high structure to be comprised of approximately 306-total multifamily residential
units with recreational amenities; and approximately 337 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 306 residential units;
MUSP, as per Article 17 for parking of approximately 337 parking spaces;
MUSP, as per Article 5, Section 502, PUD Districts; to increase the floor area by
twenty percent, 41,848 square feet;
MUSP, as per Article 9, Section 914, a development bonus of 52,310 square feet
of additional floor area, and to pay into the Affordable Housing Trust Fund an
amount of $12.40 per square foot = $$648,644.00;
SPECIAL EXCEPTION, for Phase II for Section 917.6 to permit reduction of off-
street parking requirements in connection with housing for low income families
and individuals in an amount not less than one-half (1/2) of the spaces generally
required, where the applicant is proposing 161 spaces, where 283 are generally
required;
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 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;
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, for access from a
public street roadway with driveway greater than twenty five feet in width;
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CLASS II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2 a request
to reduce two of the 4 required loading berths from (1) 12 x 35 to (1) 10 x 20 and
(1) 12 x 35 to (1) 10 x 20.
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, 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 elderly residential opportunities in the Little Haiti NET District, located
between NE 78th and NE 79th Streets one-half block east of NE 1st Avenue.
• It is found that the subject property is located in the "Woodson's" and "Little River
Gardens" Plats 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 (306 units at 130 units per acre)
is below the maximum 354 units (150 units per acre) on the 2.36* net acre site.
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• It is found that the project is expected to cost approximately $48,950,000, and to
employ approximately 161 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 10 permanent new jobs
(FTE) and will generate approximately $418,621 annually in tax revenues to the City
(2005 dollars).
• 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) Replatting of the property
is required to legalize the division of lot 7, Woodson subdivision (6-116). Five (5)
feet of right of way dedication is required along NE 79th Street. Platting is a lengthy
process and an early investigation into the procedure is recommended; (b) Applicant
shall replace all damaged and broken sidewalk, curb and gutter on both sides of NE
78th Street for the entire block; (c) Construct new sidewalk on NE 79th Street in the
additional 5 foot dedicated right of way.
• It is found that the Large Scale Development Committee reviewed the project on
June 15, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that on June 20, 2005, the City's Traffic Consultant, URS Corp., provided
a review (W.O. #111) of the Traffic Impact Analysis submitted by the applicant and
has found the traffic analysis sufficient.
• It is found that the Internal Design Review Committee reviewed a revised version of
the proposed project on June 28, 2005. 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 July 20, 2005, which recommended Approval
(UDRB Reso. 7-20-05-6) with the following conditions: (a) Consider adding window
openings to the stairwell on the north elevation; (b) The windows are too repetitious.
Add variety to break up this monotony; (c) To reduce the overall amount of asphalt,
consider incorporating the loading spaces within the garage, or create a one-way
alley to provide a pass -through loading condition.
• It is found that the proposed project was reviewed for two Special Exceptions by the
Miami Zoning Board at its meeting of September 12, 2005. The first Special
Exception (Item No. 4) was to permit a reduction of offstreet parking requirements in
connection with Iow income families, and was RECOMMENDED for APPROVAL
(Reso. 2005-1061) by a vote of five to one (5-1). The second Special Exception
(Item No. 5) was for Phase I1 of the Major Use Special Permit in order to permit a
reduction of offstreet parking requirements in connection with Iow income families,
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and was RECOMMENDED for APPROVAL (Reso. 2005-1062) by a vote of five to
zero (5-0).
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on September 15, 2005. The student population generated by this
development is estimated at 70 students. The schools serving this area of
application are Little River Elementary (32 students) — 103% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Horace Mann Middle (18
students) — 76°/0 FISH; and Miami Edison Senior High (20 students) - 71% FISH.
Pursuant to the interlocal agreement, none of the school listed 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 $458,430. Based on the State's September 2005 student station cost
factors, capital costs for the estimated additional students to be generated by the
proposed development is $1,149,620.
• 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 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.
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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 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 Attorney's 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.
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 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 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 for the entire block;
and (c) Construct new sidewalk on NE 79`h Street in the additional 5 foot dedicated right
of way.
12) A development bonus to permit a mixed use of 52,310 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $648,644.00.
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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