HomeMy WebLinkAboutAnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
5220 BISCAYNE BOULEVARD
located at approximately
5220 Biscayne Boulevard
CASE NO. 2005-086
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for 5220 Biscayne Boulevard project (MU-2005-029) has
been reviewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, located
at approximately 5220 Biscayne Boulevard, Miami, Florida, to construct an approximate
120-foot, 11-story high mixed use structure to be comprised of approximately 183 total
multifamily residential units with recreational amenities; approximately 10,300 square
feet of retail space; and approximately 322 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 5, Section 502, PUD Districts; to increase the floor area by
twenty percent, for a total of 27,774 square feet of bonus;
MUSP, as per Article 17, Section 914.1, a development bonus of 34,718 square
feet of additional floor area, and to pay into the Affordable Housing Trust Fund
an amount of $12.40 per square foot = $430,503.20;
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 11 SPECIAL PERMIT, as per Article 6, Section 609.3.2, for development
of new construction within the Biscayne North Overlay District;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow a
construction fence and covered walkway;
CLASS 11 SPECIAL PERMIT, as per Article 10, Section 10.5.4.3.32, for signage
approval;
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;
CLASS 11 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 II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary
off -site parking during construction.
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and
staging of construction during construction;
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CLASS! 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 permi
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 Upper East Side NET District, located
between Biscayne Boulevard and Federal Highway north of NE 52nd Terrace.
• It is found that the subject property is located in the "Governmental Lots" Plat within
the Morningside neighborhood of the City.
• It is found that the zoning designation of the property is C-1 (Restricted Commercial)
with a SD-9 (Biscayne Boulevard North Overlay 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 "Restricted
Commercial".
• It is found that the residential density of the project (183 units at 146 units per acre)
is below the maximum 187 units (150 units per acre) on the 1.25± net acre site.
• Pursuant to Article 17 and Section 914.1, the proposed project is requesting a
development bonus of 34,718 square feet of additional floor area, and shall pay into
the Affordable Housing Trust Fund at amount of $12.40 per square foot =
$430,503.20.
• It is found that the project is expected to cost approximately $54,200,000, and to
employ approximately 424 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 36 permanent new jobs
(FTE) and will generate approximately $579,008 annually in tax revenues to the City
(2005 dollars).
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• It is found that on June 28, 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 Miami -Dade Public Schools provided a revised review of the
proposed project on July 24, 2005, The student population generated by this
development is estimated at 41 students. The schools serving this area of
application are Momingside Elementary (19 students) — 73% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Miami Edison Middle (10
students) — 74% FISH; and Booker T. Washington Senior High (12 students) - 58%
FISH. Pursuant to the interlocal agreement, none of the schools 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 $268,509. Based on the State's July 2005 student station cost
factors, capital costs for the estimated additional students to be generated by the
proposed development is $660,664.
• It is found that the Large Scale Development Committee reviewed the project on
July 27, 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 September 21, 2005, which recommended
Approval (UDRB Reso. 9-21-05-3) with conditions.
• It is found that the Internal Design Review Committee reviewed a revised version of
the proposed project on October 6, 2005 and the following pertinent comments were
made: Urban Design — The vehicular/pedestrian entrance off Biscayne Boulevard
should be minimized to the maximum extent possible so as to unify the pedestrian
experience and maximize the retail liner use along the east fagade's ground level;
Materials - Provide specifications on the materials proposed on the screening and
collage along the north and south facades. Include color samples, opaque value,
materials, thickness and color of mesh; Landscaping - Consider adding shrubs and
groundcover along the north and south facades to help screen the garage with
layers of vegetation where the mesh screen with climbing vines is proposed as the
primary screening element. The Planning Department's review resulted in design
modificationsthat were then recommended for approval to the Planning Director.
• It is found that on October 10, 2005, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #112) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient.
• 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
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.
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.
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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 design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) The vehicular/pedestrian entrance off
Biscayne Boulevard should be minimized to the maximum extent possible so as to unify
the pedestrian experience and maximize the retail liner use along the east facade's
ground level; (b) Provide specifications on the materials proposed on the screening and
collage along the north and south facades; (c) Add shrubs and groundcover along the
north and south facades to help screen the garage with layers of vegetation where the
mesh screen with climbing vines is proposed as the primary screening element.
12) A development bonus to permit a mixed use of 34,718 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $430,503.20.
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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