HomeMy WebLinkAboutPAB AnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
FIVE PROPERTIES
located at approximately
4350 NW 1[th Street
LEGISTAR FILE ID: 05-01507mu
Pursuant to Ordinance 11000. as amended, the Zoning Ordinance of the City of Miarni.
Florida, the subject proposal for the Five Properties project, located at approximately
4350 NW 10th Street, Miami, Florida, has been reviewed to oUovv 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 nou|dfarni|y 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, aaper Article 17. Section 1701. Definition (g)@nd
Article 5, Sect. 502. PUDdisthcts; minimum area, maximum densities and maximum
floor area ratios permitted (m) (b), to allow up to 20Y6 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 Pennbo and re-
quests:
VARIANCES
REQUEST, for VARIANCES, as per. Article 19. Section 1801. Article 4, Section 401.
Required Setbacks�toallow anincrease over the allowed building footprint:
Required: 35.258feet 40Y6ofGLA
Proposed: 46.368feet 53Y6of[3LA
Request to be waived: 11,111 feet 13% of GLA
REQUEST, for VARIANCES, oaper, Article 1S.Section 1SO1.Article 4.Section 4O1.
Required Setbacks; to allow a reduction of the required front yard at NW 43 Court:
Required: 20feet
Proposed: 10feet
Request to be waived: 10Neet
REC>UEGT, for VARIANCES, as per, Article 19. Section 1901. Article 4. 8eotion4O1.
Required Setbacks; to allow a reduction of the required side street yard at NW 10
Required: 15heet
Proposed: 10feet
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 II SPECIAL PERMIT, as per Article 9. Section 923, Sub -Section 923.2. Sub -
Section 923.2.1. Reduction in stall dimensions by Class II 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 II 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°/0) parking spaces out of 321 park-
ing spaces provided;
CLASS I SPECIAL PERMITS
CLASS I 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 | SPECIAL PERM|T, as per Article S. Section 916. Sub -Section 916.31.
Temporary special evert parking, to oUovv parking for temporary special evert such
as groundbreaking ceremonies;
CLASS | SPECIAL PERM|T, as per Article D. Section 918. Sub -Section 918.2. Tem-
porary off-street offsite parking for construction orevvs, criteha, to allow temporary
off-street offsite parking for construction crews working on a residential project under
construction;
CLASS | SPECIAL PERK8|T, as per Article Q. Section 920. Sub -Section 920.12.
Limitations on occupancy of mobile hornes, to allow parking of mobile honnes, trail-
ers or manufactured honnea, when authorized for security orother purposes in con-
nection with land development such as construction trailer(s) and other temporary
construction nMioea such as watchman's quarters, leasing and sales centers;
CLASS | SPECIAL PERMIT as per Article 10, Section 10.5.3. Sub -Section
10�5.3.4(3). R-4 Multifamily High -Density Residential — Sign Regu|ahona, to oUovv
temporary signs for development;
REQUEST, for waiver ofChapter 38 Noise, Section 36-0 Construction Equipment (m)
permitting the operation of construction equipment exceeding the sound level of read-
ing ofO7Sweighted average dBAmtany time and/or day subject to the City Manager
Exception pursuant toSection 3O-O(c)and all the applicable criteria;
REQUEST for applicable MUQP conditions to be satisfied at the time of Shell Permit
instead ofatissuance ofFoundation Permit:
a)The requirement bzrecord inthe Public Records aDeclaration ofCovenants
and Restrictions providing that the ownership, operation and maintenance ofall 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 o unity of title or covenant in
lieu of unity of title.
Pursuant toArticles 5.15and 17ofZoning Ordinance 110]O.approval ofthe
requested Major UoaSpeoim|PennitohaUbeooneidened 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 projectwiU benefit the area by creating
additional residential and commercial opportunities in the F|aganni NET District,
located at the northwest corner of NW m Street and NW 43 m
� It in found that the subject property is located in the "P@[ke[G Chester Terrace" plat
within the LeJeuneGardens neighborhood Vfthe City.
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It is found that pursuant to the Zoning Ordinance of the City of Mimnni. Florida, the
existing zoning designation for the subject property is F(-4 (K8u|dharni|y High -Density
Reoidendm|), which was rezoned from the former Fl-3 (Multifamily Medium -Density
Residential). (see companion File /[)05-0Y507a)
It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
K8ienni. Florida, the existing Future Land Use category for the subject property is
"High Density Multifamily Renidenda|'", which was changed from the former "Medium
Density Multifamily Residential." (see companion File ID 05-01507)
� It is found that the proposed project in not located along G Primary Pedestrian
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".
w |tiafound that the proposed residential density cfthe project /155units st112units
per acre) is below the maximum 207 units (150 units per acre) on the 1.38± net acre
|tiafound that the total allowable combined floor area without bonuses for the 2.O2±
gross mcma site at o Floor Area Ratio (FAR) of 1.72 is 151.610.50 square fee{. The
project as proposed is requesting a bonus of2O96 PUD (30.322,10 sq. ft.) for etotal
proposed FAR of 163.397.81 square feet from a nnaxinnunn allowable 181.932.80
square feet.
It is found that the nnaxrnurn height of the proposed structure in approximately 77
feet. Pursuant to Article 4, Section 401, the rnanirnuno height limit at this particular
location is 120feet.
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 of78feet above mean sea level A\MSL\.
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 ofparking spaces (approxinnmte|y321) for
the project is above the required minimum number of 301 parking spaces.
� It is found that the project is expected to cost mpproxinnote|y$07.12O.928. and to
employ approximately 1O2workers during construction (FTE-FullTinne Employees);
The project will also result in the creation of approximately 35 permanent new jobs
(FTE) for building operations and will generate approximately $343.35Oannually in
tax revenues tOthe City (3DO6d0Uan5).
� It is found that on August 2. 2005. the Miami -Dade Aviation [)epmrtnnerd— Noise
Abatement (MDAD) commented on the proposed project and stated that the project
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is located inside the Outer Safety Zone AJSZ\. the Outer Land Use Zone /{}LZ\,
and the Critical Approach Zone "4^ (CA -A) for Miami International Airport (MIA).
Miami -Dade Count/'a Land Use Zoning Ordinance for W1|A (#04-203) adopted on
Novennber3O. 2004. states that "new residential construction, educational facilities
(excluding aviation related aohoo|s), 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 aohoo|o) are only permitted vvhena not otherwise
prohibited and where m minimum of 25 db Noise Level Reduction (NLR) materials
are incorporated inthe design and construction ofthe structure. Within the CA+Ano
new educational facilities (except aviation related schools) are permitted within the
CA-4 sub -zone.
� It is found that on August 3. 2005. the K8imnni-Omde Aviation Department — Aviation
Planning (K8DAO) provided a Height Analysis review of the proposed project and
found that it dogs not conform to the Miami -Dade County Height Zoning
Ordinances at that location. The maximum allowable height ot this location ioO7feet
AMSL in the NW Corner increasing to 73 feet AMSL at the SE Corner. Any proposed
construction exceeding 3Sfeet requires the applicant tofile with the Federal Aviation
Administration (FAA) Form 7400-1. ''Nohce0fProposed (�onotruotionA|teradonfor
Determination of Known Hazards". In mddidon, construction cranes for this project
exceeding 89feet inheight must befiled using the same form.
/t is found that the Large Scale Development Committee reviewed the project on
August 3. 2005to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
|tiefound that onAugust 5. 2005. the Cit«'sTraffic Consultant, UF{8 Corp., provided
a review /W.[). #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) NVV9m Street and NW1Om Street - Replace all
broken and damaged sidewalk, curb and gutter onboth sides of the streets, Mill and
resurface the entire width, curb to curb. between NW 43 Id Avenue and NW 43 m
Court; (2) NVV43mAvenue and NVV43m Court- Replace GU broken and damaged
sidewalk, curb and gutter on both sides of the avenues. Mill and resurface the entire
width, curb to curb, between NW m Street and NW 1 m
� 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 (O8additional units from existing 8Ounits) ieestimated at 10studenta.
The schools serving this area of application are P{in|nch Park Elementary (8
students) — 147% Florida Inventory School Houses /F|@H> Capacity with the
proposed project; KiD|och Park Middle (5 students) — 9096 FISH; and C0n@| Gables
Senior High (5 students) — 13396 FISH. Pursuant to the |ntedocm| Agreement,
Kinloch Park Elementary and Coral Gables Senior High schools meet the [gVievV
threshold Of 1 15Y6.
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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Oennhv Multifamily Residential) to High Density K8uWfmnni|y Residential in which the
Board recommendation of DENIAL passed (Reso. PAB 117-05) by a vote of six to
one (0-1), which required City Commission approval. (see companion Film 8J 05-
01507)
* |tiafound that the proposed project was reviewed for design appropriateness bvthe
Urban Development Review Board on [)emarnber 21. 3005. which recommended
Approval (UDRB Reeo. 12-21-05-2)with conditions.
It is found that the proposed project was reviewed by the Miami Zoning Board on
January &. 2000. Item No. 11, for a Change of Zoning from R-3 (k8u|dhanni|y Medium -
Density Residential) to R-4 (K8u|dfmnni|y High -Density Residential) in which the Board
recommendation of DENIAL passed (Reso. ZB-06-1113)byGvote 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 MeeUng, 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 W1iGnli City Commission on
April 27. 2006. |Gann No. 5. for the Land Use Change (APPROVED by Ord. 12783 by
m vote of five to zero (5-0)\ and Item No. 0. 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 kJthe 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; /O\ Screening; (7) Signgge and
lighting; (0) Preservation of Natural Features; and /S\ Modification of
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 sun/ey, at the option
of the Department, and to make recommendations concerning security measures and
systems; further submit a report to the Planning Departnnent, prior to commencement of
constructiVn, 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 ofthe Fire Plan Review Section at
the Department of Fire -Rescue in the review of the scope of the PR[)JECT, owner ns-
oponsibi|ity, building development process and review procedupes, as well as specific
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requirements for fire protection and life safety syaternu, exitin0, vehicular access and
water supply.
4> Obtain approval fnono, or provide m letter ofassurance 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 tofollow the provisions ofthe Qtv'sK8inohh/[WmnnenBusiness Affairs and
Procurement Program as a guide.
G) Record the hd|nvvn0 in the Public Records of Dade County, Florida, prior to
the issuance of Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration CfCovenants 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 b»the issuance of shell pemnit, provide the City with a recorded copy of
the K8U0P permit resolution and development onJe[, and further, an eX8cUted, nSCOnj
able unity of title or covenant in lieu of unity of title agreement for the subject property;
said agreement shall besubject t0the review and approval of the City Attorney'sOffice.
EU Provide the Planning Department with a temporary construction plan that in-
cludes the following: atemporary construction parking p/an, with an enforcement policy;
aconstruction noise management plan with anenforcement policy; and maintenance
plan for the temporary construction site; said plan shall besubject 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 toosuspension orrevocation mfthis Major UsmGpeoim|Pernnit.
gA|naofar aathis Major Uae8pecim|Pennhinc|udeoUleaubondinateapprnva|of
a series of Class | Special Permits for which specific details have not yet been devel-
oped Vrprovided, the applicant shall provide the Planning Department with all subordi-
nate Class / Special Permit plans and detailed requirements for final review and ap-
proval ofeach one prior tothe issuance ofany of the subordinate approvals required in
order tocarry out any cf the requested activities and/or improvements listed in this de-
velopment order nrcaptioned in the plans approved by it.
100|f the project istohedeve|Vpedinphase8.the8pp|iC@nAsh8Usubmh8nin-
tehnmp|en.indudinga|mndsompep|an.vvhiuhaddnoaaeedesignde{oi|shzrthe|andoo-
cupyingfutunephmsesofthieP jec1intheewent that the future phases are not devel-
oped, said plan shall include a proposed timetable and shall be subject toreview and
approval by the Planning Director.
11) Pursuant to CDnnnl8ntS by the City nfMiami Public Works Department, the
following conditions shallbe required of the applicant: (m) NWSm Street and NW1Om
Street - Replace all broken and damaged akjevva|k, curb and gutter on both sides of the
streets. Mill and resurface the entire vvidth, curb to curb, between NVV43'"Avenue and
NW 43m Court-,(b) NW43m Avenue and NW43 IdCourt ' Replace all broken and
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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.
12) 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 August 3, 2005.
13) 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.
14) 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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