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HomeMy WebLinkAboutCC MUSP AnalysisANALYSIS MAJOR USE SPECIAL PERMIT for MIDTOWN PARK located at approximately 3452-56 and 3466 North Miami Avenue, 20 and 34 NW 35th Street, and 27 and 29 NW 34th Terrace LEGISTAR FILE ID: 06-00359mu Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Midtown Park project (MU-2006-004), located at approximately 3452-56 and 3466 North Miami Avenue, 20 and 34 NW 35th Street, and 27 and 29 NW 34th Terrace, Miami, Florida, has been reviewed to allow a Major Use Special Permit per Articles 13 and 17, to construct an approximate 128-foot, 8-story high mixed use structure to be comprised of approximately 155 total multifamily residential units with recreational amenities; approximately 5,959 square feet of retail space; ap- proximately 1,308 square feet of restaurant space; and approximately 263 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. Definition (8) and ARTICLE 9, Section 914, Sub -Section 914.1 Dwelling unit, square footage, and off-street parking bo- nuses for contribution to Affordable Housing Trust Fund; exceptions, to allow an in- crease up to twenty (25) percent of additional floor area as a development bonus of approximately 35,414 square feet, the user shall make a non-refundable bonus de- veloper contribution of an amount of $439,133.60 to the Affordable Housing Trust Fund administered by the City of Miami; MUSP, as per ARTICLE 17, Section 1701, Definition (9) and ARTICLE 5, Sect. 502. PUD districts; minimum area, maximum densities and maximum floor area ratios permitted (a)(c), to allow up to 20 % increase of floor area ratio, for an increase of approximately 28,331 square feet of floor area; This permit also includes the following Special Permits and the additional requests: SPECIAL EXCEPTION SPECIAL EXCEPTION, as per Article 4, Sect. 401, under Conditional Principal Uses of C-2 zoning classification numeral 12, to allow Multifamily Residential structure of a density equal to R-3 or higher subject to all applicable criteria: CLASS II PERMITS CLASS II SPECIAL PERMIT, as per Article 9, Section 906.5, Home Occupations, to allow expanded home occupations within C-2 Liberal Commercial District to less than 25% of the floor area of the residence, subject to all applicable criteria; CLASS II SPECIAL PERMIT, as per Article 15, Sect.1512, to request a waiver of City of Miami Parking Guides & Standards requirement of one (1) additional foot in stall dimension where the side of any stall abuts a wall, fence, building, or other Page 1 of 7 physical obstruction, to allow the minimum stall width dimension of 8'-6" from face of any obstruction; CLASS 11 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 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 ceremonies; CLASS 1 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 10.5.4.4 C-2 Liberal Commercial, to allow temporary development sign; REQUEST, for waiver of Chapter 36 Noise, Section 36-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a read- ing of 0.79 weighted average dBA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria; REQUEST for applicable Major Use Special Permit following conditions to be required at the time of issuance 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 prop- erty owner association. b. And the requirement to record in the Public Records a Unity of Title or a cove- nant in lieu of a Unity of Title. Pursuant to Articles 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: Page 2 of 7 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 southwest corner of NW 35th Street and North Miami Avenue. It is found that the subject property is located in the "Wynwood Park" Plat within the Old San Juan 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 R-2 (Two -Family Residential), R-3 (Multifamily Medium -Density Residential) and C-2 (Liberal Commercial). • It is found that the proposed designation for the R-2 and R-3 zoned portions of the property is C-2 (Liberal 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 "Duplex Residential", `Medium Density Multifamily Residential" and "General Commercial". • It is found that the proposed Future Land Use category for the property is "General 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 (155 units at 150 units per acre) is below the maximum density of 202 units on the 1.35± net acre site. • It is found that the total allowable combined floor area without bonuses for the 1.89± gross acre site at a Floor Area Ratio (FAR) of 1.72 is 141,659 square feet. The project as proposed is requesting bonuses of 20% PUD (28,331 sq. ft.) and 25% Affordable Housing Trust Fund (35,414 sq. ft.) for a total proposed FAR of 205,125 square feet from an allowable 205,404 square feet. • It is found that pursuant to Article 9, Section 914, the proposed project is requesting a development bonus of 35,414 square feet of additional floor area, and shall make a non-refundable bonus developer contribution to the Affordable Housing Trust Fund at amount of $12.40 per square foot for a total of $439,133.60. • It is found that the project is expected to cost approximately $119,855,462, and to employ approximately 127 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 7 permanent new jobs (FTE) and will generate approximately $589,037 annually in tax revenues to the City (2006 dollars). • It is found that on November 16, 2005, the City of Miami Public Works Department provided a review of the project and commented that (1) replatting of the property is required to close and vacate the alleys within the project site and (2) that the following street improvements shall be required: (a) NW 34th Terrace - Replace damaged sidewalk, curb and gutter on both sides of the street adjacent to the Page 3 of 7 project site; (b) NW 35th Street - Replace damaged sidewalk, curb and gutter on both sides of the street adjacent to the project site; (c) North Miami Avenue -- Replace damages sidewalk, curb and gutter adjacent to the project site. It is found that on November 29, 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 at that location. Any proposed construction exceeding 200 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 200 feet in height must be filed using the same form. It is found that the Large Scale Development Committee reviewed the project on December 14, 2005 to address the expressed technical concerns raised at said Large Scale Development Committee meeting. • It is found that on January 10, 2006, the City's Traffic Consultant, URS Corp., provided a review (W.O. #139) 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 January 18, 2006, which recommended Approval (UDRB Reso. 1-18-06-6) with conditions. It is found that the proposed project was reviewed by the Internal Design Review Committee on October 18, 2005, and the following revised pertinent comments were made on January 31, 2006 after the January 18, 2006 UDRB Meeting: Landscaping -- (a) Coordinate the plan sheets and landscape plan; (b) Replace the small Montgomery Palms along Miami Avenue with an upright growing shade tree. (Examples may be pink tabebuia, pigeon plum or others.) Accentuate the corners, entrances or other features with Royal Palm clusters tightly spaced; (c) Elaborate on the design of the recreation decks materials, design, landscape and structures. Explain the details (colors, materials, etc.) of the cafe, lockers, and other buildings located on this level. The committee commends the architecture and urban design of this project to enhance this area of the City. 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 by the Miami Zoning Board on March 27, 2006, Item No. 6, for a Change of Zoning from R-2 "Two -Family Residential and R-3 "Multifamily Medium -Density Residential" to C-2 "Liberal Commercial", which recommended APPROVAL (Reso. ZB-06-1154) by a vote of six to zero (6-0), requiring City Commission approval. • It is found that the proposed project was reviewed by the Miami Zoning Board at its meeting of March 27, 2006, Item No. 7, for a Special Exception to allow a multifamily structure of a density equal to R-4 or higher, which recommended APPROVAL (Reso. ZB-06-1156) by a vote of six to zero (6-0). • It is found that Miami -Dade Public Schools provided a revised review of the proposed project on April 18, 2006. The student population generated by this development is estimated at 21 students from the difference of the amount permitted Page 4 of 7 in the existing zoning (134 students) and the amount permitted in the proposed zoning (155 students). The schools serving this area of application are Eneida M. Hartner Elementary (3 students) -- 120% Florida Inventory School Houses (FISH) Capacity with the proposed project; Jose de Diego Middle (1 student) — 98% FISH; and Booker T. Washington Senior High (2 students) — 68% FISH. Pursuant to the interlocal agreement, only Eneida M. Hartner Elementary meets the review threshold of 115%. • 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 APPLICANTS 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 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 1 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) Replace the small Montgomery Palms along Miami Avenue with an upright growing shade tree and accentuate the corners, entrances or other features with Royal Palm clusters tightly spaced; (b) A final land- scape plan shall be submitted for review and approval of the Planning Director prior to the issuance of a building permit; (c) Materials shall remain the same in the project and any changes in the materials must return for public hearing review and approval. 12) Pursuant to comments by the City of Miami Public Works Department, the applicant shall meet the following conditions: street improvements shall be required of the applicant: (a) replatting of the property is required to close and vacate the alleys within the project site; (b) NW 34th Terrace - Replace damaged sidewalk, curb and gut- ter on both sides of the street adjacent to the project site; (b) NW 35th Street - Replace damaged sidewalk, curb and gutter on both sides of the street adjacent to the project site; (b) North Miami Avenue — Replace damages sidewalk, curb and gutter adjacent to the project site. 13) 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 November 29, 2005. Page 6 of 7 14) A development bonus to permit a mixed use of 35,414 square feet of floor area shall require a non-refundable payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot for a total of $439,133.60. 15) That the requested accompanying applications for Land Use Change and Change of Zoning on this property are approved by the City Commission. 16) The applicant shall record a covenant, subject to review and approval by the city attorney, within sixty (60) days of the effective date of this resolution, which states that in the event that this Major Use Special Permit expires or is abandoned, any future development of the subject properties shall require design review and approval by the Planning Director, utilizing the same criteria as the original Major Use Special Permit. 17) 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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