HomeMy WebLinkAboutMUSP AnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
BIRD ROAD
located at approximately
3760 Bird Road
CASE NUMBER: 2006-006
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Bird Road project (MU-2005-032) has been reviewed
to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, located at approxi-
mately 3760 Bird Road, Miami, Florida, to construct an approximate 197-foot, 17-story
high mixed use structure to be comprised of approximately 254 total multifamily residen-
tial units with recreational amenities; approximately 67,800 square feet of office space;
approximately 19,600 square feet of retail space; and approximately 631 total parking
spaces; providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MUSP, per Article 17 for development of 254 residential units.
MUSP, as per Article 17 for parking of 631 parking spaces including 53 parking lifts.
MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by
twenty percent, 46,683 square feet.
MUSP, as per Article 9, Section 914, a development bonus of 58,354 square feet of
additional floor area, and to pay into the Affordable Housing Trust Fund an amount
of $12.40 per square feet = $723,590.
VARIANCE(S)
Variance, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Arti-
cle 4, Section 401, Schedule of District Regulations, required yards.
Required of additional set back one (1) foot per each foot in height after 120' in
height for buildings with frontages on Arterial/Collectors roads.
Proposed to waive additional setback (45 degrees angle) allowing the building to
have a maximum height of 172 feet at top of slab.
Pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article 4, Sec-
tion 401, Schedule of District Regulations, required setbacks.
Front Setback SW 38 Avenue
Required 10 feet
Proposed 0 feet
Request to waive 10 feet
Front Setback SW 37 Court
Required 10 feet
Proposed 0 feet
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Request to waive 10 feet
Side Street Setback SW 40 Street (Bird Road)
Required 7 feet 6 inches
Proposed 0 feet
Request to waive 7 feet 6 inches
Green Space:
Required 13,571 Square feet
Provided 0 Square feet
Request to waive 13,571 Square feet
Per City Code, Chapter 36, request for waiver of noise ordinance for construction
equipment for continuous pours.
The Major Use encompasses the following Special Permits:
CLASS II SPECIAL PERMITS
CLASS I1 SPECIAL PERMIT, as per Article 4, Section 401, to allow construction
fence and covered walkway.
CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401 to allow for outdoor eat-
ing areas and outdoor cafes.
CLASS II SPECIAL PERMIT, as per Article 4, Section 401 to allow a maximum of a
building footprint of six tenths (0.60) times the gross lot area for project that comply
with requirements A,B,C and D.
CLASS II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2 a request to
reduce 1 out of the 4 12x35x15 required loading berths from 1 12x35x15 to 1
10x20x15.
CLASS I SPECIAL PERMITS
CLASS I SPECIAL. PERMIT, as per Article 10, Section 10.3.2.2 to allow develop-
ment/ construction/rental signage.
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 917.1.2 to permit valet parking.
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.
CLASS I SPECIAL PERMIT, as per Article 9, Section 915.2, for F.A.A. clearance let-
ter.
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
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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 and non-residential opportunities in the Coral Way NET District,
located at the southwest corner of Bird Road and SW 37th Court.
• It is found that the subject property is located in the "Realty Securities Corporation's
Plat of Cocoanut Grove" Plat within the Douglas 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 C-2 (General Commercial). The
proposed zoning designation for the property is C-1 (Restricted Commercial) on an
application which accompanies this Major Use Special Permit (MUSP) application.
• 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 General
Commercial. The proposed Future Land Use category for the property is Restricted
Commercial on an application which accompanies this Major Use Special Permit
(MUSP) application.
• It is found that the proposed project is not located along a Primary Pedestrian
Pathway.
• It is found that the project has convenient access to the Metrorail system at the
Douglas Road Station, located approximately two blocks south of the subject
property, with connections to the Metromover and Tri-Rail systems, for efficient use
of existing mass transit systems.
• It is found that the proposed project is not located within an Archeological
Conservation area.
• It is found that the proposed residential density of the project (254 units at 145 units
per acre) is below the maximum 263 units (150 units per acre) on the 1.75± net acre
site.
• Pursuant to Article 9, Section 914, the proposed project is requesting a development
bonus of 58,354 square feet of additional floor area, and shall pay into the
Affordable Housing Trust Fund at amount of $12,40 per square foot = $723,590,
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• It is found that the project is expected to cost approximately $166,084,363, and to
employ approximately 210 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 $803,513 annually in tax revenues to the City
(2005 dollars).
• It is found that on September 13, 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 preliminary review of the
proposed project on September 19, 2005. The student population generated by this
development is estimated at 49 students. The schools serving this area of
application are Frances Tucker Elementary (23 students) — 76% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Ponce de Leon Middle
(12 students) — 102% FISH; and Coral Gables Senior High (14 students) — 133%
FISH. Pursuant to the interlocal agreement, only Coral Gables Senior High meets
the review threshold of 115%. As of January 2005, the Proposed Relief Schools in
the area are Ponce de Leon Middle Renovations with an Occupancy Date Funding
Year of 2006-07, and State School "LLL-1" (International Studies Senior at Metrorail
for Coral Gables Senior High School with 700 student stations) with an Occupancy
Date Funding Year of 2007--08. 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 $320,901. 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 $803,516.
• It is found that on September 21, 2005, the City of Miami Public Works Department
provided a review of the project and commented that the following street
improvements shall be required: (a) Bird Road — Coordinate with the Florida
Department of Transportation to replace all broken and damaged sidewalk, curb and
gutter adjacent to the project site; (b) SW 37th Court - Replace all broken and
damaged sidewalk on both sides of the court. Construct new curb and gutter and
pavement, in accordance with Public Works standards. Mill and resurface the
driving lanes, full width, between Peacock Avenue and Bird Road; (c) SW 38th
Avenue - Replace all broken and damaged sidewalks, curb and gutter on both sides
of the avenue adjacent to the project site. Mill and resurface the driving lanes, full
width, curb to curb, between Peacock Avenue and Bird Road; (d) Peacock Avenue -
Replace all broken and damaged sidewalk, curb and gutter on both sides of the
avenue adjacent to the project site. Mill and resurface the full width, curb to curb,
between SW 37th Court and SW 38th Avenue.
• It is found that the Large Scale Development Committee reviewed the project on
September 28, 2005 to address the expressed technical concerns raised at said
Large Scale Development Committee meeting.
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• It is found that on October 17, 2005, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #121) 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 October 19, 2005, which recommended
Approval (UDRB Reso. 10-19-05-11) with conditions.
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on October 26, 2005, and the following pertinent comments were made:
Pedestrian Realm — The pedestrian sidewalk realm shall remain at a consistent
height throughout and sidewalk materials shall be continued across any vehicular
entrances. Vehicles shall rise to the sidewalk level with ramping beginning at the
outer edge of the curb, with the ramp slope being the maximum allowed by Public
Works; Garage - The exposed sections of the garage should be covered with
landscape planters in front of the grill screen. The Planning Department's review
resulted in design modifications that were then recommended for approval to the
Planning Director.
• It is found that the Miami Zoning Board at its meeting of December 12, 2005,
reviewed the Change of Zoning request from C-2 (General Commercial) to C-1
(Restricted Commercial), Item No. 16 — Approved by a vote of 7-0; and Variances
for Setbacks and Green Space, Item No. 22 — Approved by a vote of 8-0; of which
the Change of Zoning requires City Commission approval.
• It is found that the Variance Setback waiving the 45 degree angle requirement that
was granted by the Zoning Board permitted a maximum height of 172 feet to the top
of slab. The total height of the structure is proposed at approximately 197 feet but
mechanical and architectural elements are not counted towards the height of a
building in matters of variance setbacks.
• 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
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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.
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.
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11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) The pedestrian sidewalk realm shall
remain at a consistent height throughout and sidewalk materials shall be continued
across any vehicular entrances. Vehicles shall rise to the sidewalk level with ramping
beginning at the outer edge of the curb, with the ramp slope being the maximum allowed
by Public Works; and (b) The exposed sections of the garage should be covered with
landscape planters in front of the grill screen.
12) Pursuant to comments by the City of Miami Public Works Department, the
following street improvements shall be required of the applicant: (a) Bird Road — Coordi-
nate with the Florida Department of Transportation to replace all broken and damaged
sidewalk, curb and gutter adjacent to the project site; (b) SW 37th Court - Replace all
broken and damaged sidewalk on both sides of the court. Construct new curb and gutter
and pavement, in accordance with Public Works standards. Mill and resurface the driv-
ing lanes, full width, between Peacock Avenue and Bird Road; (c) SW 38th Avenue -
Replace all broken and damaged sidewalks, curb and gutter on both sides of the ave-
nue adjacent to the project site. Mill and resurface the driving lanes, full width, curb to
curb, between Peacock Avenue and Bird Road; (d) Peacock Avenue - Replace all bro-
ken and damaged sidewalk, curb and gutter on both sides of the avenue adjacent to the
project site. Mill and resurface the full width, curb to curb, between SW 37th Court and
SW 38th Avenue.
13) A development bonus to permit a mixed use of 58,354 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $723,590.
14) That the requested application for the Change of Zoning, and the accompa-
nying Future Land Use Change on these properties are approved by the City Commis-
sion
15) 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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