HomeMy WebLinkAboutPAB 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
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physical obstruction, to allow the minimum stall width dimension of 8'-6" from face of
any obstruction;
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 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 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
10.5.4.4 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:
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• 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
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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 Miami -Dade Public Schools provided a preliminary review of the
proposed project on November 28, 2005. The student population generated by this
development is estimated at 132 students. The schools serving this area of
application are Eneida M. Hartner Elementary (17 students) — 122% Florida
Inventory School Houses (FISH) Capacity with the proposed project; Jose de Diego
Middle (9 students) — 99% FISH; and Booker T. Washington Senior High (10
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
School relief with 1,241 student stations) on land to be donated by the City of
Miami. 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 $864,468. 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 $984,536.
• 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
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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 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
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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 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.
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.
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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.
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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