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HomeMy WebLinkAboutMUSP AnalysisANALYSIS MAJOR USE SPECIAL PERMIT for INTOWN VILLAGE located at approximately 45 SW 8th Avenue, 715, 717, 727 and 735 SW lst Street, and 702 and 720 West Flagler Street CASE NUMBER: 2006-011 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for Intown Village (MU-2005-035) has been reviewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, located at approximately 45 SW 8th Avenue, 715, 717, 727 and 735 SW 1st Street, and 702 and 720 West Flag- ler Street, Miami, Florida, to construct two approximate 202-foot, 19-story high mixed use structures to be comprised of approximately 395 total multifamily residential units with recreational amenities; approximately 33,000 square feet of retail space and 34,000 square feet of additional accessory commercial uses; and approximately 660 total park- ing 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(1), for development of 395 residential units. MUSP, as per Article 17, Section 1701(7), for development of 660 parking spaces. MUSP, as per Article 17, Section 1701(8) any increased development bonus pursu- ant to Article 9, Section 914, a development bonus of 64,312.50 square feet of addi- tional Floor Area, and to pay into Affordable Housing Trust Fund an amount of $12.40 per square feet equal to $ 797,475.00. MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by twenty percent (20%), 51,450.00 square feet. MUSP, as per Article 5, Section 504.2 PUD districts; to increase up to a maximum of ten percent (10%) of the residential floor area of the development no to exceed 34,000 SF. Per City Code, Chapter 36-6, request for waiver of noise ordinance for construction equipment for continuous pours. VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Ar- ticle 4, Section 401. Schedule of District Regulations, required side street yard; Side Street Setback on SW lst Street: o Required: 7 feet - 6 inches © Proposed: 0 feet - 0 inches o Request to waive: 7 feet - 6 inches. Page 1 of 7 This Permit also includes the following requests: CLASS II SPECIAL PERMITS ................................. . CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to increase up to a maximum allowable building foot print of 77,175 SF. CLASS II SPECIAL PERMIT. as per Article 9, Section 908.2, to allow access width from a public street roadway greater than twenty five feet (25'). CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary offsite parking and staging during construction. CLASS Il SPECIAL PERMIT, as per Article 9, Section 917.3.2, to waive City of Mi- ami Offstreet Parking Guides & Standards to reduce access aisles distance from 23'-0" to 22'-0" at all parking levels. CLASS I SPECIAL PERMITS CLASS I SPECIAL PERMIT, as per Article 10, Section 10.5.4.3 for construction sign. 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(d), to allow a trailer(s) for security in connection with land development or construction. CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1.2, to allow a trailer(s) for use as temporary offices in connection with land development, construction or other purposes such as leasing and sales. CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, for temporary offstreet offsite parking for construction crews. 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 residential and retail opportunities in the Little Havana NET District, located at the southwest corner of Flagler Street and SW 7th Avenues. Page 2 of 7 • It is found that the subject property is located in the "City of Miami South" Plat within the East Little Havana 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 properties is C-1 (Restricted Commercial). The proposed zoning designation for the property is C-1 (Restricted Commercial) with SD-19 (Designated FAR Overlay: 2.0 FAR) 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 Restricted Commercial. • It is found that the proposed project is not located along a Primary Pedestrian Pathway. • 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 (395 units at 189 units per acre) is below the maximum 417 units (Little Havana Target Area 200 units per acre) on the 2.08± net acre site. • Pursuant to Article 9, Section 914, the proposed project is requesting a development bonus of 64,312.50 square feet of additional floor area, and shall pay into the Affordable Housing Trust Fund at amount of $12.40 per square foot = $797,475.00. • It is found that the project is expected to cost approximately $170,929,379, and to employ approximately 203 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 $861,489 annually in tax revenues to the City (2005 dollars). • It is found that on October 17, 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 the Large Scale Development Committee reviewed the project on October 26, 2005 to address the expressed technical concerns raised at said Large Scale Development Committee meeting. • It is found that on October 28, 2005, the City of Miami Public Works Department provided a review of the project and commented the following street improvements shall be required: (a) Flagler Street, SW 1st Street and SW 8th Avenue — Coordinate the replacement of all damaged and broken sidewalk, curb and gutter adjacent to the project site with the Florida Department of Transportation; for (b) SW 7t Avenue - Replace all damaged and broken sidewalk, curb and gutter on both sides of the Page 3 of 7 avenue. Mill and resurface the entire width of the roadway, curb to curb, between Flagler Street and SW 1st Street. • It is found that the proposed project was reviewed for design appropriateness by the Urban Development Review Board on November 16, 2005, which recommended Approval (UDRB Reso. 11-16-05-7) with conditions. • It is found that on November 30, 2005. the City's Traffic Consultant, URS Corp., provided a review (W.O. #129) 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 subsequent to the UDRB meeting and the following pertinent comments were made: Urban Design — (a) The proposed 19-story building will significantly exceed the surrounding low scale buildings. Please eliminate the Affordable Housing and PUD bonuses, reduce the accompanying parking and place the retail, office and visitor spaces should be placed underground; (b) Please try to reconfigure the ground floor to eliminate the service access off W. Flagler Street or this entrance shall be reduced to a minimum dimension for a one-way service exit and right turn only; (c) Flagler Street should not have a landscape area between the arcade and sidewalk. Please adjust an enhanced landscape verge to incorporate the shade trees and bring the sidewalk to the edge of the arcade. Palms may be planted in the sidewalk at the NE corner as a corner plaza. The retail entrance along Flagler Street should have direct access to the public sidewalk. Please transition SW 7th and gth Avenues to include a minimum 6' sidewalk and planted shade trees staggered along the verge and landscape strip to create a pedestrian afee; (d) The arcade along SW 8th Avenue should be eliminated and the retail facade brought out to the landscape edge; (e) The service entrance next to the main lobby entrance along SW 7th Avenue is awkward. Add detailing to the ground level interior wall to accentuate the lobby entrance; Elevations — (a) The north and west elevations show unacceptable blank concrete walls on the parking garages. Please show the structural/architectural details as relief and add color, material, or other facade treatment such as scoring, adding stucco accents, etc.; (b) The articulated wall above the garage entrance (East Elevation, Page A-10) should follow the rest of the building design. Consider continuing the pattern from the rest of the facade to this area as well. 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 January 23, 2006, reviewed the Change of Zoning request from C-1 (Restricted Commercial) to C-1 (Restricted Commercial) with SD-19 (Designated FAR Overlay: 2.0 FAR) and recommended APPROVAL by a vote of 5-3, which requires City Commission approval. • It is found that Miami -Dade Public Schools provided a revised review of the proposed project on January 30, 2006. The student population generated by this development is estimated at 107 students. The schools serving this area of application are Riverside Elementary (25 students) — 161% Florida Inventory School Houses (FISH) Capacity with the proposed project; Frederick Douglass Elementary (24 students) — 63% FISH; Jose De Diego Middle (27 students) — 103% FISH; and Booker T. Washington Senior High (31 students) — 70% FISH. Pursuant to the interlocal agreement, only Riverside Elementary meets the review threshold of 115%. As of April 2005, the Proposed Relief Schools in the area are State School Page 4 of 7 "I-1" (Shenandoah/Citrus Grove/Riverside Elementary Schools relief) with 826 student stations and an Occupancy Date Funding Year of 2007-08, and State School "GG-1" (Jose De Diego Middle School relief) with 1,241 student stations and an Occupancy Date Funding Year of 2006-07. 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 $700,743. Based on the State's February 2006 student station cost factors, capital costs for the estimated additional students to be generated by the proposed development is $1,825,882. 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 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 Page 5 of 7 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 Attorneys 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 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) Eliminate the Affordable Housing and PUD bonuses to reduce the scale of the 19-story building to the surrounding area; (b) Reduce the service entrance off W. Flagler Street to a minimum dimension for a one- way service exit and right turn only; (c) Revise the Flagler Street side to include an en- hanced landscape verge to incorporate the shade trees and bring the sidewalk to the edge of the arcade and the retail entrance along Flagler Street should have direct ac- cess to the public sidewalk; (d) The service entrance next to the main lobby entrance along SW 7th Avenue shall be revised to add detailing to the ground level interior wall to accentuate the lobby entrance; (e) Illustrate and provide structural/architectural details such as relief and add color, material, or other facade treatment such as scoring, adding stucco accents, etc. to the blank concrete walls on the north and west elevations of the parking garages. (f) The articulated wall above the garage entrance should follow the rest of the building design and/or continue the pattern from the rest of the facade to this area as well. 12) Pursuant to comments by the City of Miami Public Works ❑epartment, the following street improvements shall be required: (a) Flagler Street, SW 1st Street and SW 8th Avenue — Coordinate the replacement of all damaged and broken sidewalk, curb and gutter adjacent to the project site with the Florida Department of Transportation; for (b)'SW7th'Avenue - Replace all damaged and broken sidewalk, curb and gutter on both Page 6of7 sides of the avenue. Mill and resurface the entire width of the roadway, curb to curb, be- tween Flagler Street and SW 1st Street 13) A development bonus to permit a mixed use of 64,312.50 square feet of floor area shall require payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot = $797,475,00. 14) That the requested application for the Change of Zoning on these properties are approved by the City Commission 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. Page7of7