HomeMy WebLinkAboutCC MUSP AnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
Hiawatha Village
located at approximately
3535 Hiawatha Avenue
LEGISTAR FILE ID: 06-00426mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Hiawatha Village project (MU-2005-033), located
at approximately 3535 Hiawatha Avenue, Miami, Florida, has been reviewed to allow a
Major Use Special Permit per Articles 5, 9, 13 and 17, to construct an approximate 68-
foot, 4-inch, 6-story high mixed use structure to be comprised of approximately 19 total
multifamily residential units with recreational amenities; in addition to a 3-unit single fam-
ily town home component; and approximately 75 total parking spaces; providing for cer-
tain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
VARIANCES
REQUEST, for a VARIANCE, as per, Article 19, Article 4, Sect.401, R-3 Multifamily Me-
dium -Density Residential, to allow a relaxation of limited to height subject to determina-
tion that affordable housing development bonus is not the result of this requested vari-
ance;
Proposed height:
Maximum height allowed:
Request to waive:
78 feet 4 inches A.F.L. at middle ridge for gable roof.
50 feet 0 inches A.F.L. at middle ridge for gable roof.
28 feet 4 inches
MAJOR USE SPECIAL PERMITS
MUSP, as per Article 17, Section 1701, Definition (9) and Article 5, Sect. 502, PUD dis-
tricts; minimum area, maximum densities and maximum floor area ratios permitted (a)
(b), to allow up to 20% increase of floor area ratio, for an increase of approximately
11,450 square feet of floor area;
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 bonuses for contribu-
tion to Affordable Housing Trust Fund; exceptions, to allow an increase up to twenty (25)
percent of additional floor area as a development bonus of approximately 14,313 square
feet, the user shall make a non-refundable bonus developer contribution of an amount
of $177,479 to the Affordable Housing Trust Fund administered by the City of Miami;
The Major Use Special Permit encompasses the following Special Permits and Re-
quests:
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 15, Section 1511. Class Il Special Permit
required for any development between Biscayne Bay and the first dedicated right-of-
way, to allow development on property located between Biscayne Bay and the first dedi-
cated right-of-way;
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CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Class II Special Permit
required for waiver of design standard and guidelines, to allow a waiver of City of Miami
Off-street Parking Guides & Standards, only for reduction of required backup distance in
driveway isles from 23 feet to 22 feet;
CLASS II SPECIAL PERMIT, as per Article 9, Section 917, Sub -Section 917.14, Sub -
Section 917.14.1 Parking Lifts, Robotic and Mechanical parking systems, Enactment
No. 12758, to allow a mechanical, robotic, automated or parking lift system;
CLASS II SPECIAL PERMIT, as per Article 9, Section 927. Temporary structures, occu-
pancies, and uses during construction, criteria for special permits, to allow temporary
structures, occupancies, and uses reasonably necessary for construction such as con-
struction 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. Tempo-
rary special events; special permits; criteria, to allow temporary carnival, festival, fair or
similar type event on privately owned or City -owned land such as a ground breaking
ceremony;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 916, Sub -Section 916.2.1. Tempo-
rary 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. Tempo-
rary off-street offsite parking for construction crews, criteria, to allow temporary off-street
offsite parking for construction crews working on a residential project under construc-
tion;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920, Sub -Section 920.1.2. Limita-
tions on occupancy of mobile homes, to allow parking of mobile homes, trailers or
manufactured homes, when authorized for security or other purposes in connection with
land development such as construction trailer(s) and other temporary construction of-
fices such as watchman's quarters, leasing and sales centers;
CLASS I SPECIAL PERMIT as per Article 10, Section 10.3.2.2, Sub -Section 10.5.3.3(3).
R-3 Multifamily Medium -Density Residential — Sign Regulations, to allow temporary
signs for development;
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 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
new residential opportunities in the NE Coconut Grove NET District, located off of
South Bayshore Drive at Hiawatha Avenue.
• It is found that the subject property is located in the "Steele Park" and "Glencoe"
Plats within the Fair Isle 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-3 (Multifamily High -Density
Residential).
• 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 "Medium
Density Multifamily Residential".
• It is found that the proposed project is not located along a Primary Pedestrian
Pathway.
• It is found that the proposed project is located within an Archeological Conservation
area.
• It is found that the FEMA Flood Zone of the proposed project varies from "VE" to
"AE 13".
• It is found that the existing use on the property is the 69-unit, 3-building Chateau
Apartment complex.
• It is found that the proposed residential density of the project (22 units at 17 units
per acre) is below the maximum density of 87 units (65 units per acre) on the 1.35±
net acre site.
• It is found that the total allowable combined floor area without bonuses for the 1.75±
gross acre site at a Floor Area Ratio (FAR) of 0.75 is 57,251 square feet. The
project as proposed is requesting bonuses of 20% PUD (11,450.25 sq. ft.) and 25%
Affordable Housing Trust Fund (14,312.81 sq. ft.) for a total proposed FAR of
83,014.20 square feet from an allowable 83,014.31 square feet.
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• It is found that pursuant to Article 9, Section 914, the proposed project is requesting
a development bonus of 14,313 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 $177,479.
• It is found that the maximum permitted height for the subject property is 50 feet. For
variance purposes, the project as proposed has a maximum actual height of
approximately 68 feet, 4 inches (a variance of 18 feet, 4 inches) being measured
from Average Flood Level (10 feet at the First Floor) to the middle ridge for a gable
roof, pursuant to Article 4, Section 401, R-3 height regulations. For FAA purposes,
the actual height of the proposed project is 77 feet, being measured from the ground
level to the highest point on the structure.
• It is found that the proposed total number of parking spaces (75 including 4
Handicapped) for the project is above the required number of 61 parking spaces.
• It is found that the project is expected to cost approximately $60,067,893, and to
employ approximately 122 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 3 permanent new jobs
(FTE) and will generate approximately $293,819 annually in tax revenues to the City
(2006 dollars).
• It is found that on July 6, 2005, the City's Traffic Consultant, URS Corp., provided a
review (W.O. #113) of the Traffic Impact Analysis submitted by the applicant and
has found the traffic analysis sufficient.
• tt is found that on July 7, 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) Hiawatha Avenue - Replace all broken and damaged sidewalk, curb
and gutter on both sides and mill and resurface the entire width, curb to curb,
between Hiawatha Circle and South Bayshore Drive; (b) Glencoe Street — Replace
all broken and damaged sidewalk, curb and gutter on both sides and mill and
resurface the entire width, curb to curb, between South Bayshore Court and South
Bayshore Drive.
• It is found that on July 7, 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. The applicant does
not need to file with the Federal Aviation Administration (FAA) Form 7460-1,
"Notice of Proposed Construction Alteration for Determination of Known Hazards".
However, 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
July 26, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on September 27, 2005 and the following revised pertinent comments
were made: Zoning Confirmations - The committee requests that the applicant
meet collaboratively with both the Planning and the Zoning Department to clarify
zoning changes for the site. Please contact Madeline Rodriguez at 305.416.1412 to
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arrange a meeting; Urban Design - The committee commends the applicant for
introducing human -scale elements to the ground level of the townhouses along W.
Glencoe St. However, we continue to encourage garage doors to face the interior of
the site and to front W. Glencoe St, with the main living spaces of the building;
Single -Family Home — (a) Provide a complete set of floor plans and elevations of
the single family home; (b) Provide details of the auto court in front of the single
family home, including number of spaces provided, paving type, and landscaping;
Landscaping - Submit a landscape plan that specifies the species (common and
botanical names), sizes (height x spread and/or container size) at time of planting,
quantities, and proposed locations of all plant materials, existing and proposed. The
landscape plan shall include planting details and planting specifications. 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 for design appropriateness by the
Urban Development Review Board on October 19, 2005, which recommended
Approval (UDRB Reso. 10-19-05-10) with conditions.
• It is found that the proposed project was reviewed by the Historic and Environmental
Preservation Board (HEPB) on December 6, 2005, which approved (HEPB 2005-97)
a Certificate of Appropriateness for ground disturbing activity involving new
construction within an Archaeological Conservation Area subject to the following
conditions: (1) Submit monthly reports to the City of Miami during any archeological
testing and monitoring activities to document the results of any finds; (2) Submit two
(2) final reports to the City of Miami within 90 days of completion of the archeological
investigations and monitoring; (3) Submit a detailed archeological management or
mitigation plan to the City of Miami prior to the commencement of any further
archeological investigations or construction activities if significant archeological
material is identified.
• It is found that the proposed project was reviewed by the Miami Zoning Board on
April 24, 2006, Item No. 6, for a Variance on Maximum Height to allow 78-feet, 4-
inches (50 feet allowed), in which the Board recommendation of APPROVAL passed
(Reso. ZB-06-1172) by vote of five to two (5-2).
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on June 7, 2006. The student population generated by this
development is estimated at 4 students. The schools serving this area of application
are Coconut Grove Elementary (2 students) — 96% Florida Inventory School Houses
(FISH) Capacity with the proposed project; Ponce de Leon Middle (1 student) — 98%
FISH; and Coral Gables Senior High (1 student) — 130% FISH. Pursuant to the
interlocal agreement, only Coral Gables Senior High 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,
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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 willbe 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.
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9) In so far as this Major Use Special Permit includes the subordinate approval of
a series of Class l 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) The single-family units shall be oriented
to have the garage doors to face the interior of the site and to front W. Glencoe St. with
the main living spaces of the building; (b) Provide a complete set of floor plans and ele-
vations of the single family home; (c) Provide details of the auto court in front of the sin-
gle family home, including number of spaces provided, paving type, and landscaping;
(d) Prior to City Commission consideration, the applicant shall submit a soil study to con-
firm the FEMA Base Flood Elevation. This is a request by the Zoning Department to
determine the final height of the building.
12) Pursuant to comments by the City of Miami Public Works Department, the
following street improvements shall be required: (a) Hiawatha Avenue - Replace all bro-
ken and damaged sidewalk, curb and gutter on both sides and mill and resurface the
entire width, curb to curb, between Hiawatha Circle and South Bayshore Drive; (b)
Glencoe Street — Replace all broken and damaged sidewalk, curb and gutter on both
sides and mill and resurface the entire width, curb to curb, between South Bayshore
Court and South Bayshore Drive.
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 July 7, 2005.
14) Pursuant to HEPB Resolution 2005-097„the applicant shall meet the follow-
ing conditions: (a) Submit monthly reports to the City of Miami during arty archeological
testing and monitoring activities to document the results of any finds; (b) Submit two fi-
nal reports to the City of Miami within 90 days of completion of the archeological investi-
gations and monitoring; (c) Submit a detailed archeological management or mitigation
plan to the City of Miami prior to the commencement of any further archeological inves-
tigations or construction activities if significant archeological material is identified.
15) A development bonus to permit a mixed use of 14,313 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 $177,479.
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16) Property owners of the Hiawatha Development are prohibited from using the
Unnumbered Lot for access, driveways or through streets for vehicular passage from
the Condominium into or through the Fairview Subdivision or the public streets therein
including South Bayshore Lane, East Fairview Street and West Fairview Street. (Proffer
between the Developer and the Fairview Neighbors)
17) Developer shall erect a fence (no taller that 6 feet high) from the Hiawatha
Avenue cul-de-sac along the Southwesterly property line bordering and paralleling the
Fairview Subdivision. Developer shall also provide two (2), four (4) foot wide pedestrian
gates (one at each end) located along this fence at the place where it intersects the Un-
numbered Lot at the Northeasterly end of South Bayshore Lane located in the Fairview
Subdivision. These four (4) foot wide gates shall have a spring loaded automatic closer
that also automatically lock and an electronic key code pad on each side of the gates
which code shall be provided to all of the property owners within the Fairview Subdivi-
sion. Developer agrees to include in the declaration of condominium for the Project that
the maintenance, repairs and replacement (if applicable) of this fence, electronic gates,
and easement area shall be the responsibility of the condominium association for the
Project; provided, however Developer shall in no way be required to enforce the same
nor shall Developer have any obligations or liability in ,the event the condominium asso-
ciation for the Project fails to maintain the same. (Proffer between the Developer and
the Fairview Neighbors)
18) Developer shall in cooperation with the Fairview Neighbors petition the City
of Miami (the "cite) to dedicate that portion of the Unnumbered Lot (approximately 20ft.
x 35ft.) as a mini -neighborhood public park. If such petition is successful, Developer
agrees to donate as a gift to the City the following improvements to the Unnumbered
Lot: (i) install landscaping (to be determined by Developer in its sole discretion, but no
hedges shall be installed on the easement or the Unnumbered Lot); (ii) install one (1)
exterior lighting pole (to be selected at Developer's sole discretion) (which shall go on
automatically at dusk and off during the day); (iii) install one (1) park bench with back-
rest made of recycled poly vinyl materials; (iv) raise the elevation, grade, storm drain,
and provide drainage as required by the City of Miami and/or Miami -Dade County (the
"County"); (v) install new sod; (vi) install sprinklers; (vii) install one (1) outdoor water
drinking fountain; (viii) install one (1) vinyl coated wire mesh trash bin; (ix) install one (1)
plastic bag dispenser (for dog defecation clean-up); and (x) install one (1) small sign
that instructs walkers of dogs to clean up after their dogs. Developer shall not be re-
sponsible for any of the maintenance, repairs, or replacements associated with the
items required under this section. (Proffer between the Developer and the Fairview
Neighbors)
19) Developer shall in cooperation with the Fairview Neighbors petition the City
and the City Planning & Parks Department to bring Steel Park numerous improvements.
If such petition is successful, Developer agrees to donate as a gift to the City the follow-
ing improvements to Steel Park: (i) raising the height of the park's elevations and storm
drains; (ii) adding several large shade trees; (iii) replacing and installing at least four (4)
new eight (8) foot long picnic tables with attached benches and three (3) additional
benches with back supports all made of recycled poly vinyl type materials; (iv) installing
adequate lighting by adding at least four (4) automatic lights that turn on at dusk and
turn off by 11:00 p.m; (v) installing three (3) vinyl coated wire mesh trash bins; (vi) in-
stalling three (3) plastic bag dispensers (for dog defecation clean-up); (vii) installing
three (3) small signs that instructs walkers of dogs to clean up after their dogs; (viii) in-
stall sprinklers; and (ix) installing one (1) outdoor water drinking fountain. Developer
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agrees not to install any hedges within Steel Park, Developer shall not be responsible
for any of the maintenance, repairs, and/or replacements associated with the items un-
der this section, (Proffer between the Developer and the Fairview Neighbors)
20) Developer agrees that the Project shall have a maximum of nineteen (19)
residential condominium units and three (3) R-1 homes (plus three (3) additional R-1
homes adjacent to the project and located on East Glencoe Street), (Proffer between
the Developer and the Fairview Neighbors)
21) Developer agrees to dig as many on site deep dry wells as are required by
the City and County in order to provide maximum absorption of water and rain drainage
to be kept on the Project's property and off of the Fairview Subdivision. These drainage
dry wells shall also be incorporated into the site plans for the Project submitted to the
City's and County's Building and Permitting Departments, if applicable. (Proffer between
the Developer and the Fairview Neighbors)
22) Developer agrees to that the above improvements shall be completed prior
to the Developer receiving Certificates of Occupancy for its units within the Project, or
within six months from the expiration of all appeal periods on the MSUP and Variance,
whichever is earlier, provided closing on the acquisition of the property. (Proffer be-
tween the Developer and the Fairview Neighbors)
23) 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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