HomeMy WebLinkAboutAnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
BRISAS DEL RIO
located at approximately
1583 NW 24 Avenue
CASE NO. 2005-073
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Brisas del Rio project (MU-2005-005) has been
reviewed to allow a Major Use Special Permit, pursuant to Articles 9, 13 and 17, located
at approximately 1583 NW 24 Avenue, Miami, Florida, to construct a mixed use high
rise and townhouse cluster development that includes three towers ranging in height
from 177 feet to 247 feet to be comprised of approximately 698 total multifamily residen-
tial units with recreational amenities, approximately 2,200 square feet of retail space;
and approximately 1,158 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, Section 1701, to permit residential in excess of two
hundred (200) dwelling units. Proposed 698 units;
MUSP, as per Article 17, for development to provide parking in excess of 500
spaces or more. Proposed 1174 parking spaces;
MUSP, as per Article 5, Section 502, PUD district, to increase the floor area by
twenty percent for a total of 86,249 square feet of bonus;
Per City Code, Chapter 36, Construction Equipment Request for waiver or noise
ordinance 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 15, Section 1514 to permit new
development on property adjacent to the Miami River;
CLASS 11 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 I SPECIAL PERMITS
CLASS 1 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 918.2, for parking and
staging of construction crew during construction;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
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CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1(d), to allow a
construction trailer;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 920.1,2, to allow a
temporary sales office trailer.
REQUEST that the following MUSP conditions be satisfied at the time of shell permit
instead of at issuance of foundation permit
a) The requirement to provide a letter of assurance for the Solid Waste
Department; and
b) 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 and/or a mandatory property owner
association; and
c) The requirement to record in the Public Records a unity of title or covenant in
lieu of unity of title.
Pursuant to Articles 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 Allapattah NET District, located at the
intersection of NW 24 Avenue and NW 16 Street Road.
• It is found that the subject property is located in the "Aliens Subdivision" Plat within
the North Sewell Park neighborhood of the City.
• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the property is SD-4 "Waterfront Industrial" Zoning
District, and the proposed designations for the property are C-1 "Restricted
Commercial" Zoning District (for Parcel 2) and R-3 "Multifamily Medium -Density
Residential (for Parcel 1).
• 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" (Parcel
2) and "Medium Density Multifamily Residential (Parcel 1). An application for these
Future Land Use Changes accompany this Major Use Special Permit (MUSP)
application.
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• It is found that the residential density of the project (698 units at 114 units per acre)
is below the maximum 917 units (150 units per acre) on the 6.11± net acre site.
• It is found that the project is expected to cost approximately $110,191,000, and to
employ approximately 550 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 30 permanent new jobs
(FTE) and will generate approximately $2,614,641 annually in tax revenues to the
City (2005 dollars).
• 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.
• 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 the proposed project was reviewed by the Historic and Environmental
Preservation Board (HEPB) on September 22, 2004, which approved (HEPB 2004-
76) a Certificate of Appropriateness for ground disturbing activity involving new
construction within an Archaeological Conservation Area subject to the following
conditions: (1) Archeological resting prior to construction and monitoring during
ground disturbing activity shall be provided in accordance with the revised
archeological management plan submitted by the Archeological and Historical
Conservancy, Inc., revised September, 2004; (2) The City Archeologist will be
notified prior to construction activities and in the event of a significant discovery, as
per the management plan submitted; (3) 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 by the Miami River Commission
on November 1, 2004, and found the proposed project to be inconsistent with the
Miami River Corridor Urban Infill Plan by a vote of 7-6.
• It is found that on November 5, 2004, 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 the Large Scale Development Committee reviewed the project on
November 9, 2004, 2005 to address the expressed technical concerns raised at said
Large Scale Development Committee meeting.
• It is found that on December 21, 2004, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #83) 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 February 16, 2005, which recommended
Approval (UDRB Reso. 2-16-05-7) with the following condition: Reconsider the blue
metal roof. Clear metal roof would be appropriate.
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• It is found that the proposed project was reviewed by the Internal Design Review
Committee on January 25, 2005 and the following pertinent comments were made:
Site Plan - The provision of an open green space (labeled A on the Site
Development Plan), in place of the surface parking area previously proposed in this
location, is a very positive addition to the development; Architecture — (a) The
committee finds the adjustment to the proposal in order to provide different heights
for each of the three towers on the site to be appropriate; (b) Provide materials and
color selections on all elevation drawings; (c) It is critical that parked cars and
mechanical systems within the garages be hidden from view. 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 public view; (d) Any
blank wall areas facing the open space recreation areas within the site shall be
articulated to provide an attractive appearance; Landscaping — (a) The landscape
plan is appropriate as it provides a lush and varied landscaping program; (b)
Consider providing additional benches within the landscaped areas throughout the
site and along the river so as to encourage activity and pedestrian use. The
Planning Department's review resulted in design modifications that were then
recommended for approval to the Planning Director.
• It is found that on March 18, 2005, the Miami -Dade Aviation Department (MDAD)
commented on the proposed project and stated that the project is located inside the
Outer Land Use Zone (OLZ), and the Critical Approach Departure Surface Area (CA-
B) for Miami International Airport (MIA). Miami -Dade County's Land Use Zoning
Ordinance for MIA (#04-203) adopted on November 30, 2004, states the following
for the OLZ: "new residential construction constructed after the effective date of this
ordinance and educational facilities (excluding aviation related schools) within this
land use zone are only permitted where not otherwise prohibited and where a
minimum of 25 decibel (db) Noise Level Reduction (NLR) materials are incorporated
in the design and construction of the structure."
• It is found that the proposed project was reviewed for Change of Zoning from SD-4
"Waterfront Industrial" to C-1 "Restricted Commercial District" (for Parcel 2) and R-3
"Multifamily Medium -Density Residential (for Parcel 1) by the Miami Zoning Board at
its meeting of July 11, 2005, Item No. 8, which RECOMMENDED APPROVAL
(Reso. 2005-1052) by a vote of eight to one (8-1), requiring City Commission
approval.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on July 19, 2005. The student population generated by this
development is estimated at 170 students. The schools serving this area of
application are Comstock Elementary (26 students) — 108% Florida Inventory School
Houses (FISH) Capacity with the proposed project; Kelsey L. Pharr Elementary (21
students — 80% FISH; Maya Angelou Elementary (26 students) — 98% FISH; Citrus
Grove Middle (43 students) — 177% FISH; and Miami Jackson Senior High (49
students) - 79% FISH. Pursuant to the interlocal agreement, only Citrus Grove
Middle 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 approved, would total $1,113,330. 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 $2,737,087.
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• 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.
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, prior to the obtainment of a shell permit.
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.
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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 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 1 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 a sample of the color metal
roof to be used for the townhouse element, for review and approval by the Planning Di-
rector; (b) It is critical that parked cars and mechanical systems within the garages be
hidden from view. Provide details of the materials proposed to cover the garage open-
ings, and indicate how all vehicles and mechanical systems within the garage will be
concealed from public view; (c) Any blank wall areas facing the open space recreation
areas within the site shall be articulated to provide an attractive appearance; (d) Provide
additional benches within the landscaped areas throughout the site and along the river
so as to encourage activity and pedestrian use.
12) Pursuant to HEPB Resolution 2004-076, the applicant shall meet the follow-
ing conditions: (a) Archeological resting prior to construction and monitoring during
ground disturbing activity shall be provided in accordance with the revised archeological
management plan submitted by the Archeological and Historical Conservancy, Inc., re-
vised September, 2004; (b) The City Archeologist will be notified prior to construction
activities and in the event of a significant discovery, as per the management plan sub-
mitted; (c) A final report shall be submitted to the City Archeologist documenting the re-
sults of this investigation.
13) That the requested application for the Change of Zoning, and the accompa-
nying Future Land Use Change on this property are approved by the City Commission.
14) 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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