HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit
for
Coastal on the River
located at approximately
2215 NW 14 Street
CASE NO. 2005-056
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Coastal on the River project (MU-2005-013) has
been reviewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, located
at approximately 2215 NW 14 Street, Miami, Florida, to construct a two building residen-
tial development ranging in height from approximately 110 feet to 120 feet to be com-
prised of approximately 633 total multifamily residential units with recreational amenities;
and approximately 898 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 633 residential units;
MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by
twenty percent (83,764.13 square feet);
MUSP, as per Article 17, Section 1701, to permit residential in excess of two
hundred (200) dwelling units. Proposed 633 units;
MUSP, as per Article 17 and Section 914.1, to permit additional floor area
through developer contribution to the Affordable Housing Trust Fund.
Requesting an additional 107,705.17 square feet, at an amount of $12.40 for a
total of $1,298,344.10;
MUSP, as per Article 17, for parking structures of approximately 898 parking
spaces.
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:
CLASS II PERMITS
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow 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 I PERMITS
CLASS I SPECIAL PERMIT, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and
staging of construction during construction;
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CLASS I SPECIAL PERMIT, as per Article 9, Section 906.6, for active
recreational facilities (including swimming pools);
CLASS I SPECIAL PERMIT, as per Article 9, Section 917.1.2, to allow valet
parking for commercial and residential use;
CLASS 1 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 920.1, to allow a trailer for
construction and other temporary office uses such as leasing and sales;
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a
special event namely a ground breaking ceremony.
Designation as a phased development pursuant to Section 2502 or Ordinance 11000.
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 Flagami NET District, located at the NW
corner of NW 14 Street and NW 22 Avenue.
• It is found that the subject property is located within the North Sewell Park
neighborhood of the City.
• It is found that the subject property is not yet platted. The property must be platted
and a new subdivision created in order to obtain building permits for this project (City
of Miami Public Works Department memorandum of February 9, 2005).
• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the property is the SD-4 "Waterfront Industrial"
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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 the proposed density of the project (633 units at 147 units per acre) is
below the maximum 645 units (150 units per acre) on the 4.3* net acre site.
• 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.
• Pursuant to Article 17 and Section 914.1, the proposed project is requesting a
development bonus of 104,705.17 square feet of additional floor area, and shall pay
into the Affordable Housing Trust Fund at amount of $12.40 per square foot =
$1,298,344.10.
• It is found that the project is expected to cost approximately $162,547,802, and to
employ approximately 247 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 20 permanent new jobs
(FTE) and will generate approximately $816,855 annually in tax revenues to the City
(2005 dollars).
• It is found that the project is located along the Miami River and will feature a
boardwalk and boat docking capabilities.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on June 13, 2005. The student population generated by this
development is estimated at 171 students. The schools serving this area of
application are Comstock Elementary (27 students) — 107% Florida Inventory School
Houses (FISH) Capacity with the proposed project; Kelsey L. Pharr Elementary (26
students) — 80% FISH; Maya Angelou Elementary (26 students) — 98% FISH;
Brownsville Middle (43 students) — 95% FISH; and Miami Jackson Senior High (49
students) - 87% FISH. Pursuant to the interiocal agreement, none of the schools
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 $1,119,879. 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 $2,747,667.
• It is found that the Large Scale Development Committee reviewed the project on
February 22, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that on February 25, 2005, the Miami -Dade Aviation Department provided
a revised Height Analysis review of the proposed project and found that it conforms
to the Miami -Dade County Height Zoning Ordinances.
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• 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 by the Internal Design Review
Committee on March 8, 2005 and the following pertinent comments were made:
Context - The property is located within an Archaeological Conservation Area and
approval by the HEPB is required —an archaeological management plan must be
submitted for approval. Contact Sarah Eaton, the City of Miami Preservation Officer,
(phone number: 305-416-1409) for more information; Submittal - The committee
appreciates the submittal of this project at an early stage in order for the committee
to provide comments as the design is still being developed. However, now that the
applicant is moving forward with the MUSP application process, more detailed
drawings must be submitted. Provide elevation drawing details, showing the
building's typical elevations at the street level and within the tower, at a scale no less
than 118"=1', in order for the committee to review the building's impact. Indicate all
proposed materials and colors. The committee will provide additional comments
upon reviewing further developed drawings; Zoning Clarifications - (1) Indicate the
current and proposed zoning designation for the site; (2) The C-2 Zoning
Designation allows a maximum of 10 floors, and the proposal shows 11 floors, which
would require a variance; Urban Design - (1) The site planning is appropriate, as
the building form and massing properly addresses the streets and the river. In
addition, the provision of only one vehicular entrance point, located away from the
intersection of NW 14th St. and NW 22"d Ave., is appropriate; (2) The committee
appreciates the revised site planning from the previous proposal, in order to improve
the relationship between the units and the amenity spaces; (3) Reconsider the three
units labeled UB and UB1-A on levels 1-6, which face the eastern edge of the
garage. These units will be undesirable because of their lack of views and natural
light, due to the minimal distance between the units and the garage; (4) Consider
the provision of some retail space within the ground floor of the project to serve the
future residents of the project, given the large amount of units proposed on the site,
in addition to the other developments underway in the area; Landscaping - Provide
a continuous canopy of shade trees to provide shade for pedestrians along NW 14th
St. These shade trees shall be aligned close to the edge of the curb in the public
right of way (at no greater than 33' on center) to provide a buffer for pedestrians
from vehicular traffic. Palm trees may be utilized periodically as an architectural
accent to the architecture of the building. 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. 3-16-05-10) with the following conditions: Re -arrange units
to provide views to the river instead of views to the garage: Specifically the units
UD, UB, and UA on building 2 that face the courtyard/garage, re -arrange to line the
garage; on building 1, remove units UD, and UB, or re -arrange these units to allow
for views to the river.
It is found that the proposed project was reviewed by the Miami River Commission
on April 4, 2005, and the motion to find the proposed project consistent with the
Miami River Corridor Urban !nfil! Plan failed by a tie vote of 5-5.
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• It is found that the proposed project was reviewed by the Historic and Environmental
Preservation Board (HEPB) on April 5, 2005, which approved (HEPB 2005-20) 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 the proposed project was reviewed for Change of Zoning from SD-4
"Waterfront Industrial" to C-1 "Restricted Commercial District" by the Miami Zoning
Board at its meeting of May 23, 2005, Item No. 6, which RECOMMENDED
APPROVAL (Reso. 2005-1029) by a vote of seven to one (7-1), requiring City
Commission approval.
• It is found that with respect to all additional criteria as specified in Section 1305.2 of
Zoning Ordinance 11000, the proposal has been found to adhere to the following
Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and
Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and
Open Space; (5) Vehicular Access and Parking; (6) Screening; (7) Signage and
lighting; (8) Preservation of Natural Features; and (9) Modification of
Nonconformities.
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
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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 ail 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 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) Applicant shall consider the
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provision of some retail space within the ground floor of the project to serve the
future residents of the project, given the large amount of units proposed on the
site, in addition to the other developments underway in the area; (b) A final
landscape plan shall be submitted for review and approval of the Planning Di-
rector prior to the issuance of a building permit.
12. Pursuant to comments by City of Miami Public Works Department, the subject
property must be platted and a new subdivision created in order to obtain
building permits for this project.
13. That the requested application for the Change of Zoning, and the accompany-
ing Future Land Use Change on this property are approved by the City Com-
mission.
14. Pursuant to HEPB Resolution 2005-20, the applicant shall meet 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 management 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 submitted; (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 investigation.
15. A development bonus to permit a mixed use of 104,705,17 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount
of $12.40 per square foot = $1,298,344.10.
16. 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.
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