HomeMy WebLinkAboutPAB AnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
SEVEN 7
located at approximately
2728 NE 2nd Avenue, 169 NE 27th Street and 167 NE 28th Street
LEGISTAR FILE ID: 06-00386mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Seven 7 project (MU-2006-013), located at ap-
proximately 2728 NE 2nd Avenue, 169 NE 27th Street and 167 NE 28th Street, Miami,
Florida, to construct an approximate 183-foot, 18-story high mixed use structure to be
comprised of approximately 88 total multifamily residential units with recreational ameni-
ties; approximately 4,018 square feet of retail space; and approximately 139 total park-
ing spaces; providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (8)
and ARTICLE 9, Section 914, Sub -Section 914.1 Dwelling unit, square footage, and
off-street parking bonuses for contribution to Affordable Housing Trust Fund; excep-
tions, to allow an increase up to twenty (25) percent of additional floor area as a de-
velopment bonus of approximately 18,859.37 square feet, the user shall make a
non-refundable bonus developer contribution of an amount of $233,856.19 to the Af-
fordable Housing Trust Fund administered by the City of Miami.
The Major Use Special Permit encompasses the following Special Permits and the
additional requests.
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 903, Sub -Section 903.1,
Rules concerning projects crossing district boundaries or streets; requirements and
limitations, to allow a project designed as a single site and it occupies lots divided by
a street or alley;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917, Sub -Section 917.1.1,
Parking maneuvers on public streets or sidewalks prohibited; backing into an alley
by Class II Special Permit; exceptions, to allow maneuvering on public street (N.E.
28th street) of two (2) loading trucks;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary struc-
tures, occupancies, and uses during construction, criteria for special permits, to al-
low temporary structures, occupancies, and uses reasonably necessary for con-
struction such as construction fence, covered walkway and if encroaching public
property must be approved by other city departments.
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub -Section 906.9.
Temporary special events; special permits; criteria, to allow temporary carnival, fes-
tival, fair or similar type event on privately owned or City -owned land such as a
ground breaking ceremony;
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CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub -Section 916.2.1.
Temporary special event parking, to allow parking for temporary special event such
as ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2.
Temporary off-street offsite parking for construction crews, criteria, to allow tempo-
rary off-street offsite parking for construction crews working on a commercial -
residential project under construction;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub -Section 920.1.2.
Limitations on occupancy of mobile homes, to allow parking of mobile homes, trail-
ers or manufactured homes, when authorized for security or other purposes in con-
nection with land development such as construction trailer(s) and other temporary
construction offices such as watchman's quarters, leasing and sales centers;
CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.5, Sub -Section
10.5.4.3, C-1 Restricted Commercial, Temporary Signs (3), to allow temporary de-
velopment signs.
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 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 commercial opportunities in the Wynwood/Edgewater NET
District, located at the northwest corner of NE 2nd Avenue and NE 27th Street.
• It is found that the subject property is located in the "Flagler Park" and "Halcyon
Heights" Plats within the Edgewater 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-1 (Restricted Commercial).
• 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".
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• 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 (88 units at 150 units
per acre) is below the maximum density (93 units) on the 0.62± net acre site.
• It is found that the total allowable combined floor area without bonuses for the 1.01±
gross acre site at a Floor Area Ratio (FAR) of 1.72 is 75,437 square feet. The
project as proposed is requesting bonuses of 20% PUD (15,087 sq. ft.) and 25%
Affordable Housing Trust Fund (18,859 sq. ft.) for a total proposed FAR of 92,218
square feet from an allowable 94,352 square feet.
• It is found that the project is using a vacant lot across the street (Parcel 3 at 167 NE
28th Street) by applying the use of Section 903.1, for the purpose of a
handball/squash court and to obtain additional FAR.
• Pursuant to Article 9, Section 914, the proposed project is requesting a development
bonus of 18,859.37 square feet of additional floor area, and shall pay into the
Affordable Housing Trust Fund at amount of $12.40 per square foot = $233,856.19.
• It is found that the project is expected to cost approximately $24,550,000, and to
employ approximately 91 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 8 permanent new jobs
(FTE) and will generate approximately $365,429 annually in tax revenues to the City
(2006 dollars).
• It is found that on November 15, 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) NE 28th Street - Construct sidewalk, curb and
gutter on the south side of NE 28th Street adjacent to the project site. Construct new
pavement to provide two driving lanes, minimum 10 feet wide, on NE 28th Street
between NE 2nd Avenue to the west of the squash court. Modify/construct a
stormwater drainage system for the street right-of-way at its intersection with NE 2"d
Avenue; (b) NE 27th Street - Replace all damaged sidewalk, curb andqutter on both
sides of the street adjacent to the project site. Mill and resurface NE 27th Street, curb
to curb, between NE 2"d Avenue and the railroad tracks; (c) NE 2"d Avenue —
Construct sidewalk, curb and gutter on the west side of NE 2"d Avenue adjacent to
the project site. Mill and resurface the west half of NE 2"d Avenue between NE 27th
Street and NE 28th Street.
• It is found that Miami -Dade Public Schools provided a preliminary review of the
proposed project on November 16, 2005. The student population generated by this
development is estimated at 24 students. The schools serving this area of
application are Eneida M. Hartner Elementary (11 students) — 121% Florida
Inventory School Houses (FISH) Capacity with the proposed project; Jose de Diego
Middle (6 students) — 85% FISH; and Booker T. Washington Senior High (7
students) — 68% FISH. Pursuant to the interlocal agreement, only Eneida M.
Hartner Elementary meets the review threshold of 115%. As of January 2005, the
Proposed Relief School in the area is State School "GG-1" (for Jose de Diego Middle
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School relief with 1,241 student stations) with 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
$157,176. Based on the State's December 2005 student station cost factors, capital
costs for the estimated additional students to be generated by the proposed
development is $397,080.
• It is found that on December 1, 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. In addition, the analysis indicates
that the structure may impact the Terminal Instrument Procedures for Departure and
Approach on some of the runways at Miami International Airport (MIA). Any
proposed construction exceeding 170 feet 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 170 feet in height must be filed using
the same form.
• It is found that the Large Scale Development Committee reviewed the project on
December 7, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that on January 16, 2006, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #137) 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 15, 2006, which recommended
Approval (UDRB Reso. 2-15-06-2) with conditions.
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on February 8, 2006, and the following revised pertinent comments were
made on February 15, 2006 after the February 15, 2006 UDRB Meeting: Zoning —
Section 903.1 states that "[A] Class II Special Permit is required where a project is
designed as a single site and it occupies lots divided by a street or alley." The
committee believes the applicant's use of Parcel 3 to gain additional FAR is not the
intent of Section 903.1 and that Parcel 3 may become an out parcel that will be
unsuitable for future use and/or development. The applicant shall meet with the
Zoning Department for an interpretation of Section 903.1 and its applicability to this
project; Parking Garage/Loading - Modify the first two floors within the garage to
allow internalized loading off NE 28th Street. The loading berths combined with the
garage entrance interrupts the pedestrian realm along NE 28th Street; Landscaping
- If the garage ramp screening is approved as an architectural treatment instead of
liner units, the amenity deck above the commercial space will need to be added to
the landscape plans and detailed. (materials, benches, plants, etc.) Consider this
space being a more pervious neighborhood garden, grass, casual space; The
Planning Department's review resulted in design modifications that were then
recommended for approval to the Planning Director.
• 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
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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
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-
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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) Parcel 3 and the additional FAR it pro-
vides shall be excluded from the project in that the smaller lot will remain un built and
thus resulting in a parcel that is out of scale with the neighborhood; (b) Modify the first
two floors within the garage to allow internalized loading off NE 28th Street; (c) The
amenity deck above the commercial space shall be added to the landscape plans and
detailed.
12) Pursuant to comments by the City of Miami Public Works Department, the
following street improvements shall be required of the applicant: (a) NE 28th Street -
Construct sidewalk, curb and gutter on the south side of NE 28th Street adjacent to the
project site. Construct new pavement to provide two driving lanes, minimum 10 feet
wide, on NE 28th Street between NE 2nd Avenue to the west of the squash court. Mod-
ify/construct a stormwater drainage system for the street right-of-way at its intersection
with NE 2nd Avenue; (b) NE 27th Street - Replace all damaged sidewalk, curb and gutter
on both sides of the street adjacent to the project site. Mill and resurface NE 27th Street,
curb to curb, between NE 2nd Avenue and the railroad tracks; (c) NE 2nd Avenue — Con-
struct sidewalk, curb and gutter on the west side of NE 2nd Avenue adjacent to the pro-
ject site. Mill and resurface the west half of NE 2nd Avenue between NE 27th Street and
NE 28th Street.
13) A development bonus to permit a mixed use of 18,859.37 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $233,856.19.
14) Prior to the issuance of a building permit, the applicant shall submit a letter of
approval of the proposed height from the Miami -Dade County Aviation Department. If no
such approvals are granted, the height of the proposed project shall be reduced to those
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated December 1, 2005.
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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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