HomeMy WebLinkAboutCC MUSP AnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
FIVE PROPERTIES
located at approximately
4350 NW 10th Street
LEGISTAR FILE 1D: 05-01507mu
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Five Properties project, located at approximately
4350 NW 10th Street, Miami, Florida, has been reviewed to allow a Major Use Special
Permit per Articles 5, 13 and 17, to construct an approximate 77-foot, 7-story high mixed
use structure to be comprised of approximately 155 total multifamily residential units
with recreational amenities; and approximately 321 total parking 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 (9) and
Article 5, Sect. 502, PUD districts; 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 11,788 square feet of floor area;
This Major Use Special Permit encompasses the following Special Permits and re-
quests:
VARIANCES
REQUEST, for VARIANCES, as per, Article 19, Section 1901, Article 4, Section 401,
Required Setbacks; to allow an increase over the allowed building footprint:
Required: 35,258 feet 40% of GLA
Proposed: 46,369 feet 53% of GLA
Request to be waived: 11,111 feet 13% of GLA
REQUEST, for VARIANCES, as per, Article 19, Section 1901, Article 4, Section 401,
Required Setbacks; to allow a reduction of the required front yard at NW 43 Court:
Required: 20 feet
Proposed: 10 feet
Request to be waived: 10 feet
REQUEST, for VARIANCES, as per, Article 19, Section 1901, Article 4, Section 401,
Required Setbacks; to allow a reduction of the required side street yard at NW 10
Street:
Required: 15 feet
Proposed: 10 feet
Request to be waived: 5 feet
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REQUEST, for VARIANCES, as per, Article 19, Section 1901, Article 4, Section 401,
Required Setbacks; to allow a reduction of the required side street yard at NW 9
Street:
Required: 15 feet
Proposed: 10 feet
Request to be waived: 5 feet
CLASS II SPECIAL PERMITS
CLASS 11 SPECIAL PERMIT, as per Article 9. Section 923, Sub -Section 923.2. Sub -
Section 923.2.1. Reduction in stall dimensions by Class I1 Special Permit; criteria
and limitations on reductions, to allow reduction in dimensions of two (2) loading
berths dimensions as follow:
Required: Three (3) 12' wide x 35' long x 15' high
Proposed: One (1) 12' wide x 35' long x 15' high
Two (2) 10' wide x 20' long x 15' high
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512.Class II Special Permit
for waiver of Design Standard and Guidelines, Sub -Section 1512.1(b). To be con-
sidered in the granting of waivers of design standard and guidelines, to request a
waiver of Offstreet Parking Guides and Standards, City of Miami for reduction of re-
quired backup space for parking;
Required: 23 feet
Proposed: 22 feet
Request to be waived: 1 feet
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, Class 11 Special Permit
required for waived of design standard and guidelines to allow a waiver of City of Mi-
ami Offstreet Parking Guides and Standards requirement of one (1) additional foot in
stall dimension where the side of any stall abuts a wall, column, fence, building, or
other physical obstruction, to allow the minimum stall width dimension of 8'-6" from
face of any obstruction for approximately 98 (31%) parking spaces out of 321 park-
ing spaces provided;
CLASS I SPECIAL PERMITS
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 927. Temporary structures,
occupancies, and uses during construction, criteria for special permits, to allow tem-
porary structures, occupancies, and uses reasonably necessary for construction
such as construction fence, covered walkway and if encroaching public property
must be approved by other city departments;
CLASS I SPECIAL PERMIT, as per Article 9, Section 906, Sub -Section 906.9. Tem-
porary 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;
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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 groundbreaking ceremonies;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918, Sub -Section 918.2. Tem-
porary off-street offsite parking for construction crews, criteria, to allow temporary
off-street offsite parking for construction crews working on a 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 10.5.3, Sub -Section
10.5.3.4(3). R-4 Multifamily High -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
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, 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 Flagami NET District,
located at the northwest corner of NW 9th Street and NW 43'd Avenue.
• It is found that the subject property is located in the "Parkers Chester Terrace" plat
within the Le Jeune Gardens neighborhood of the City.
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• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the subject property is R-4 (Multifamily High -Density
Residential), which was rezoned from the former R-3 (Multifamily Medium -Density
Residential). (see companion File ID 05-01507a)
• It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Miami, Florida, the existing Future Land Use category for the subject property is
"High Density Multifamily Residential", which was changed from the former "Medium
Density Multifamily Residential." (see companion File ID 05-01507)
• 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 project is located in FEMA Flood Zone "AE 8".
• It is found that the proposed residential density of the project (155 units at 112 units
per acre) is below the maximum 207 units (150 units per acre) an the 1.38± net acre
site.
• It is found that the total allowable combined floor area without bonuses for the 2.02±
gross acre site at a Floor Area Ratio (FAR) of 1.72 is 151,610.50 square feet. The
project as proposed is requesting a bonus of 20% PUD (30,322.10 sq. ft.) for a total
proposed FAR of 163,397.81 square feet from a maximum allowable 181,932.60
square feet.
• It is found that the maximum height of the proposed structure is approximately 77
feet. Pursuant to Article 4, Section 401, the maximum height limit at this particular
location is 120 feet.
• It is found that applicant has provided correspondence from the Federal Aviation
Administration (FAA) of a "Determination of No Hazard to Air Navigation" for the
proposed structure of 78 feet above mean sea level (AMSL).
• It is found that the proposed open space for the project (19,875.45 sq. ft.) is above
the minimum required open space (13,222 sq. ft. at 15% GLA) for this project.
• It is found that the proposed total number of parking spaces (approximately 321) for
the project is above the required minimum number of 301 parking spaces.
• It is found that the project is expected to cost approximately $67,126,928, and to
employ approximately 102 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 35 permanent new jobs
(FTE) for building operations and will generate approximately $343,356 annually in
tax revenues to the City (2006 dollars).
• It is found that on August 2, 2005, the Miami -Dade Aviation Department — Noise
Abatement (MDAD) commented on the proposed project and stated that the project
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is located inside the Outer Safety Zone (OSZ), the Outer Land Use Zone (OLZ),
and the Critical Approach Zone "A" (CA -A) for Miami International Airport (MIA).
Miami -Dade County's Land Use Zoning Ordinance for MIA (#04-203) adopted on
November 30, 2004, states that "new residential construction, educational facilities
(excluding aviation related schools), and buildings for public assembly in excess of
1,000 persons are prohibited within the OSZ. Within the OLZ new residential
construction constructed after the effective date of the ordinance and educational
facilities (excluding aviation related schools) are only permitted where not otherwise
prohibited and where a minimum of 25 db Noise Level Reduction (NLR) materials
are incorporated in the design and construction of the structure. Within the CA -A no
new educational facilities (except aviation related schools) are permitted within the
CA -A sub -zone.
• It is found that on August 3, 2005, the Miami -Dade Aviation Department — Aviation
Planning (MDAD) provided a Height Analysis review of the proposed project and
found that it does not conform to the Miami -Dade County Height Zoning
Ordinances at that location. The maximum allowable height at this location is 67 feet
AMSL in the NW Corner increasing to 73 feet AMSL at the SE Corner. Any proposed
construction exceeding 39 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 39 feet in height must be filed using the same form.
• It is found that the Large Scale Development Committee reviewed the project on
August 3, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that on August 5, 2005, the City's Traffic Consultant, URS Corp., provided
a review (W.O. ##114) of the Traffic Impact Analysis submitted by the applicant and
has found the traffic analysis sufficient.
• It is found that on August 8, 2005, the City of Miami Public Works Department
provided a review of the project and commented that the following street
improvements shall be required: (1) NW 9th Street and NW 10th Street - Replace all
broken and damaged sidewalk, curb and gutter on both sides of the streets. Mill and
resurface the entire width, curb to curb, between NW 43"t Avenue and NW 43rd
Court; (2) NW 43`d Avenue and NW 43`d Court - Replace all broken and damaged
sidewalk, curb and gutter on both sides of the avenues. Mill and resurface the entire
width, curb to curb, between NW 9th Street and NW 10th Street.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on September 14, 2005. The student population generated by this
development (68 additional units from existing 90 units) is estimated at 18 students.
The schools serving this area of application are Kinloch Park Elementary (8
students) — 147% Florida Inventory School Houses (FISH) Capacity with the
proposed project; Kinloch Park Middle (5 students) — 96% FISH; and Coral Gables
Senior High (5 students) — 133% FISH. Pursuant to the Interlocal Agreement,
Kinloch Park Elementary and Coral Gables Senior High schools meet the review
threshold of 115%.
• It is found that the proposed project was reviewed by the Miami Planning Advisory
Board on December 7, 2005, Item No. 1, for a Land Use Change from Medium
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Density Multifamily Residential) to High Density Multifamily Residential in which the
Board recommendation of DENIAL passed (Reso. PAB 117-05) by a vote of six to
one (6-1), which required City Commission approval. (see companion File ID 05-
01507)
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on December 21, 2005, which recommended
Approval (UDRB Reso. 12-21-05-2) with conditions.
• It is found that the proposed project was reviewed by the Miami Zoning Board on
January 9, 2006, Item No. 11, for a Change of Zoning from R-3 (Multifamily Medium -
Density Residential) to R-4 (Multifamily High -Density Residential) in which the Board
recommendation of DENIAL passed (Reso. ZB-06-1113) by a vote of seven to two
(7-2), which required City Commission approval. (see companion File ID 05-01507)
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on January 20, 2006, and following the review of the December 21,
2005 UDRB Meeting, the project was moved on to Large Scale submittal. 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 City Commission on
April 27, 2006, Rem No. 5, for the Land Use Change (APPROVED by Ord. 12793 by
a vote of five to zero (5-0)) and Item No. 6, for the Change of Zoning (APPROVED
by Ord. 12794 by a vote of five to zero (5-0)).
• 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.
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
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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-
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 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 comments by the City of Miami Public Works Department, the
following conditions shall be required of the applicant: (a) NW 9Th Street and NW 10th
Street - Replace all broken and damaged sidewalk, curb and gutter on both sides of the
streets. Mill and resurface the entire width, curb to curb, between NW 43rd Avenue and
NW 43rd Court; (b) NW 43rd Avenue and NW 43rd Court - Replace all broken and
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damaged sidewalk, curb and gutter OOboth sides Ofthe avenues. Mill and resurface the
entire width, curb tocurb, between NWomStreet and NVV1»mStreet.
12) Prior VOthe issuance Ofabuilding permit, the applicant shall submit aletter of
approval of the proposed height from the Miami -Dade County Aviation Department. if no
such approvals are granted, the height ofthe proposed project eha||be[edUcedtotboGe
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated August 3.20O5.
13) Per the applicant's proffer to the Miami -Dade County Public Schools, the ap-
plicant shall pay the amount of $113,697 to Miami -Dade County Public Schools prior to
the issuance OfGbuilding permit.
14) 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 inthe event that this Major Uoe Special Permit expires orisabandoned, any future
development ofthe subject properties shall require design review and approval bvthe
Planning Director, utilizing the same criteria as the original Major Use Special Permit.
15) Within SO days of the affective date of this Development Order, nwnOrd a
certified copy of the Development {}[der specifying that the Development Order rune
with the land and in binding on the Applicant, its sUcceuanro, and assigns, jointlyor
severally.
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