HomeMy WebLinkAboutAnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
UOFTyKA
located at approximately
3271 &32SSNVV7thStreet, 72ONVV32ndPlace, and 735&733NVV33rdAvenue
LEG|STAR FILE ID: 06-01019nmm
Pursuant to Ordinance 11000. as amended, the Zoning Ordinance of the City of Mimnni.
Florida, the subject pnDp0s8| for the Loftika project, located at approximately 5271 &
3299 NVV7th 8treet, 726 NW 32nd Place, and 725& 733 yJVV33rdAvenue, Mimnni.
Florida, has been reviewed to G||ovv a Major Use Special Permit per Articles 5. y. 13 and
17, tnconstruct mn approximate 149-foot. 13-storyhi0h mixed use structure to beconn-
p[)Sed of approximately 183 total nMU|tifgnni|y residential units with recreational amenities;
approximately 14.875 square feet of office space; approximately 11.306 square feet of
retail ap000; and approximately 473total 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, osper Article 17. Section 1701. Definition /U>and
Article 9, Section 914. Sub -Section 814.1 Dwelling unh, square fnotage, and off-
street parking bonuses for contribution to Affordable Housing Trust Fund; exoep-
hona, to allow an increase uptotwenty (25) percent of additional floor area as a de-
velopment bonus of approximately 38.681 square fee[ the user shall make a non-
refundable bonus developer contribution of an amount of$454.O44.4Otuthe Afford-
able Housing Trust Fund administered by the City of Miami;
MAJOR USE SPECIAL PERMIT, mmper Article 17. Section 1701, Definition /Q>and
Article 5, Sect. 502. PUD districts; nnini[nVnl area, rnaxinOVnl densities and nn@xinnUnl
floor area ratios permitted /m>(c), to allow up to 20 Y6 increase of floor area ratio, for
an increase of approximately 29,345 square feet of floor area;
This Major Use Special Permit encompasses the following Special Permits and re-
CLASSUSPECIALPERMITS
CLASS U SPECIAL PERM|T, as per Article 4. Section 401. [-1 Restricted Commer-
cial, Class U Special Pemnka required, to allow an increase of the rnaxinnunn allowed
footprint Vy4O% the Gross Lot Area toO0% GLA;
CLA8SU SPECIAL PERMIT, aSper Article 15, Section1512. Class USpecial Pennit
required for waiver of design standard and guidelines, to aUVvv m waiver of City of
Miami Off-street Parking Guides & Standanda, only for reduction of required backup
distance in driveway isles from 23feet to 22 feet;
CLASS U SPECIAL PERW1/T, on per Article 9. Section 933, Sub -Section 923.2. Sub -
Section 923.2.1. Reduction in stall dimensions by Class || Special Permit; criteria
and limitations on naductiVne, to oUovv reduction of one (4) loading berth dimensions
as follows;
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Required number ofloading berth: Four() 12feet wide x 35heet long x
15feet hiVh
Proposed number ofloading berth: Eight (8) 10 feet wide x 20 feet long x
15feet high
CLASS USPECIAL PERMITS
CL/\88 | SPECIAL PERyN|T, as per Article 9, Section 827. Temporary etructurey,
000upmnciea, and uses during cunotruction, criteria for special pernlits, to allow tem-
porary structureo, occupmnciea, and uses reasonably necessary for construction
such as construction fence, covered vva|hvvay and if encroaching public property
must be approved by other city departments;
CL/\88 / SPECIAL PERM|T, as per Article S, Section SUO, Sub -Section 906.9. Tem-
porary special events; special permits; chterim, to mUovv temporary corniva|, festiva|,
hair orsimilar type event on privately owned or City -owned land such as @ ground
breaking ceremony;
CL/\8G | SPECIAL PERM|T, as per Article 8, Section 918. Sub -Section 918.2.1.
Temporary special event parking, to allow parking for temporary special event such
aaground breaking ceremonies;
CLASS | SPECIAL PERMIT, eeper Article 0.Section 918.Sub-Section Q18.2.Tem-
porary off-street offsite perking for construction oravvo, oriteha, to mUnw temporary
off-street offsite parking for construction CrevvS working on G commercial -residential
project under construction;
CL/\GG | SPECIAL PERMIT, GS per Article Q. Section 920. Sub -Section 920.1.2.
L)nmkmdone on occupancy of mobile honneo, to allow parking of mobile honnao, trail-
ers or manufactured hornea, when authorized for security orother 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;
CL/\8G | SPECIAL PEF<M|T, as per. Article 10, Section 10.5. Sub -Section 10.5.4.3.
C-1 Restricted Cmnnnnencimi Temporary Signs (3), to allow temporary development
REQUEST, for waiver ofChapter 3O Noise, Section 88-6 Construction Equipment (a)
permitting the operation ofconstruction equipment exceeding the sound level cfaread-
ing ofO.7Sweighted average dBAat any time and/or day subject tothe City Manager
Exception pursuant toSection 36-8(o)and all the applicable criteria;
REQUEST for applicable MUSPconditions tobesatisfied at the time ofShell Permit
instead of at issuance of Foundation Permit:
a}The requirement bJrecord inthe Public Records aDeclaration ofCovenants
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 UzArticles 5.8. 13 and 17ofZoning Ordinance 11O0O.approval of the
requested Major UaeSpecia|PernnitehaUbeoonsideredsuffident 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 F|aQorni NET 0sthct,
located at the northeast corner of NW 7 m Street and NW 33 m
|tiSfound that the subject property iSlocated inthe "Comfort Gardens" and "Second
Addition to Comfort Gardens" plats within the South Gnape|mnd Heights
neighborhood of the City.
° It is found that pursuant to the Zoning Ordinance of the City of K8iorni. Florida, the
existing zoning designation for the subject property is C-1 (Restricted Commercial)
and F1'2 (Two -Family Residential) and the proposed zoning designation is C-1
(Restricted Commercial). (see companion File ID 06-01019zc)
* It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Mimnni. Florida, the existing Future Land Use category for the subject property is
"Restricted Commercial" and "Duplex - Residential" and the proposed Future Land
Use category is "Restricted Commercial". (see companion File ID 06-010191u)
It is found that the proposed project is not located along m Primary Pedestrian
Pathway.
� It is found that the proposed project is not |OC@Usd within an Archeological
Conservation area,
|tisfound that the proposed project io|onmtedinFE&4AF|ood2bne^>(^
|tiafound that the proposed residential density nfthe project (103unhemt12Sunita
per acre) is below the nnaxirnunn 313 units /150 units per acre) on the 1.42± net acre
It in found that the total allowable combined floor area without bonuses for the 1.85±
0rVao acne site at m Floor Area Ratio (FAR) of 172 is 146.724.0 oqumna feet. The
project as proposed is requesting m bonus of2O96 PUO /29.345 sq. ft.) and 25%
Affordable Housing Trust Fund /36.681 sq. ft.) for a tcdo| proposed FAR of212.751
square feet.
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It is found that pursuant to Article 9, Section 814, Sub -Section 914.1, the proposed
project is requesting m development bonus of3O.001 square feet of additional floor
area, and shall make e non-refundable bonus developer contribution to the
Affordable Housing Trust Fund at amount of $12.40 per square foot for total of
$454.844.40.
It is found that the nnoxinnunn height of the proposed structure is approximately 149
feet. Pursuant to Article 4, Section 401. there are no height limits in the proposed C-
1 zoning district.
It is found that the proposed open space for the project (9.845 sq. ft.) is above the
minimum required open space (8,530 sq. ft. at 10% G LA) for this project.
* It is found that the proposed total number of parking spaces (approximately 473) for
the project is above the required minimum number of 365 parking spaces.
� It is found that the project is expected to cost approximately $49.400.000. and to
employ approximately 373 workers during construction (FTE-Full Time Ernp|uymea);
The project will also naou|t in the creation of approximately 35 permanent new jobs
(FTE) for building operations and will generate approximately $870.740 annually in
tax revenues to the City /2008 dollars).
w It is found that on March 24. 2008. the City of Miami Public VVorha Department
provided a review of the project and commented that the following street
improvements shall be required: (1) NVV32 »« Court and NVV33 rdAvenue-Conotruct
new concrete sidewalk, curb and gutter on both sides of the roadway adjacent to, the
project site. Mill and resurface the entire width, curb to ourb, adjacent to the project
site; (2)— NVV7m Street — Replace all broken and damaged sidewalk and curb and
gutter adjacent to the project site,
� It is found that on March 28. 2006. the Miami -Dade Aviation Department provided a
Height Analysis review ofthe proposed project and found that it conforms to the
Miami -Dade County Height Zoning Ordinances at that location. Any proposed
construction exceeding O7feet requires the applicant 10file with the Federal Aviation
Administration (FAA) Form 748O-1. ''NodCon
struction onstructinOA|te[abVnfV[
Determination of Known Hazardo'' In addihon, construction cranes for this project
exceeding 07feet inheight must befiled using the same form.
It is found that the Large Gom|e Development Committee reviewed the project on
April 5. 2006 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
� |tiafound that the proposed project vvaarevievvedfnrdesi n appropriatenessbvthe
Urban Development Review Board on April 10. 2008. which recommended Approval
(U[)RBReen.4-1S-OO'5) with conditions.
|tiafound that on Moy5. 2000. the Ch«'nTrmffio ConsuKmrt, URS Corp.. provided o
review (VV.C}. #154) of the TrGMio Impact Analysis submitted by the applicant and
has found the traffic analysis sufficient.
m /t is found that the proposed projectvvas reviewed by the Internal Design Review
Committee on January 31. 2006. and the following revised pertinent comments were
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made after the April 19. 2006 U0RB Meeting: Context/Urban Design—(1)The
committee appreciates the reconfiguration ofthe project tocreate atransition inbulk
and aum|e between the abutting R-2 parcels and the C-1 property, however the
building continues to be out of context with the abutting R-2 neighborhood. As
previously stated, the applicant shall redesign the project to comply with Section
1305. the Urban Design Standards for the City of Miami. Section 1305 stipulates
that all projects shGU''Flempondtotheneighborhoodcontexy'and''Cremtea transition
in bulk and scale," 8ccording|y, the applicant may chose one of the following
options; /2> Reduce the height of the podium to 25' at the property |ine, and step the
garage back ota45 degree angle. Consider using underground parking to reduce
the height ofthe podium; (3)The Department recommends retaining the existing H-2
designation for the northern parcels of the site. The applicant may provide
townhouse units on this portion of the site, which will provide a more appropriate
transition tnthe adjacent R-2 neighborhood with an adequate buffer planting; (4) If
the applicant chooses to pursue a zoning change for this property, they shall record
a covenant that the building height and envelope on the existing Fl-2 parcels will
never exceed that of the approved project; Loading - The arrangement of the
loading spaces closest toNVV32 nu Place seems tonecessitate that trucks maneuver
in the public right of way. We encourage trucks perform internal maneuvers and/or
consider reducing the loading requirement through @ Class || special permit;
Landscaping — (1) Provide a greater landscape buffer between the proposed
project and the existing homes along the rear ofthe property. Add a lush layered
landscape buffer incorporating large shade trees, understorytream. and large shrubs
or palm hedge along this entire property line; (2) Please add the materials to be
used in the landscape planter above the townhouse units to the landscape plan.
These elements are shown inthe elevations and renderings of this area; yNateria|m-
P|ease identify the materials used in the north garage elevation bands breaking the
louver pattern. (g|msa, architectural nnesh, cennenVstucco, painted aluminum?). 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
July 10. 2000. Item No. 8, for a Change of Zoning from C-1 (Restricted Connnnercia|\
and R-2O\wV-Fami|yResidential) toC'1 (Restricted Commercial) inwhich the Board
recommendation of APPROVAL passed (Reso. ZB-08-1203) by a vote of five to two
(5-2), which requires City CDnnnniaoiOn approval, (see companion File /D 06-
010/0zd
It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on August 28. 2000. The student population generated by this
development is esUrnmb*d at 15 students. The schools serving this area of
application are Kensington Park Elementary /7 students) —8O96 Florida Inventory
School Houses /F|GH\ Capacity with the proposed project; Citrus Grove Middle (8
studarts)— 13996 FISH; and Miami Jackson Senior High (5 students) —7S96 FISH.
Pursuant to the |nhar|ooa| Agreement, only Citrus Grove Middle School 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 pnupoao| has been found to adhere tothe following
Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and
Landscape Architecture; (3) Pedestrian Oriented Development", (4) Streets and
(]pen Space; (5) Vehicular Access and Parking; (0) Screening; /7\ Signage and
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lighting; /8\ 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 regu|otiono, 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 $12.4Oper square
foot for any applicable FAR increase sought under those provisions.
2)FH|Ow the Miami Police Department to conduct @ security OUnvey, at the option
of the Departnnent, and to make neoonnnnendmdona concerning security measures and
systems; further submit 8 report to the Planning [}epartnneDt, prior to commencement of
constructiVn, demonstrating how the Police Department recomnmendmdons, 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, orprovide gletter from the Department 0fFire-Rescue
indicating APPLICANT'S coordination with members of the Fire Plan Review Section at
the Department ofFire-Rescue inthe review ofthe scope of the PROJECT, owner ne-
aponeibi|ity. building development process and review procedures, as well as specific
requirements for fire protection and life safety eyutenno, enidm0, vehicular access and
water supply.
4\ Obtain approval fronn, or provide m letter of assurance from the Department of
Solid Waste that the PROJECT has addressed all concerns ofthe said Department prior
to the obtainment of a shell permit.
5> Comply with the Minority Participation and ErOo|Oynne[d Plan /iOC|VdiDg 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 of the Citv'o Minmritv/VVornen Business Affairs and
Procurement Program msoguide.
EU Record the following in the Public Records of Dade County. Florida, priorto
the issuance of Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration ofCovenants and Restrictions providing that the ownership, operation and
maintenance ofall common areas and facilities will bebythe property owner Vrgman-
datory property owner association in perpetuity.
7\ Prior to the issuance of shell pemnit, provide the City with a recorded copy of
the K8USP permit resolution and development order, and further, an eXecuted. FeCVnd
able unity of title or covenant in lieu of unity of title agreement for the subject property;
said agreement shall basubject tothe review and approval ofthe City Attorney'oOffice.
O) Provide the Planning Department with G temporary construction plan that in-
cludes the following: a temporary construction parking plan, with an enforcement policy;
aconstruction noise management plan with @Oenforcement policy; and amaintenance
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
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shall be enforced during construction activity. All construction activity shall remain in full
compliance with the provisions of the submitted comstructinn plan; failure to uunnp|y may
lead toasuspension orrevocation ofthis Major Uue8peoim|PerrniL
g\|nsmfar asthis Major UaeSpacia|Pernkindudes 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.
1CU|fthe project istobedeve|oDedinphases.theAon|icart shall submit mnin-
terim plan, including alandscape plan, which addresses design details for the land oc-
cupying future phases of this Project in the event that the future phases are not dewe|-
oped.said plan shall include mproposed timetable and shall besubject toreview and
approval bythe Planning Director.
11\Pursuant tOdesign Fe|ated comments received b«the Planning Director, the
applicant shall meet the h)UVvving conditions: (a) If the applicant chooses to pursue a
zoning change for this property, they shall record a covenant that the building height and
envelope on the existing A-2 parcels will never exceed that of the approved project; (b)
Provide mgreater landscape buffer between the proposed project andthe existing
homes along the rear of the property. Add alush layered landscape buffer incorporating
large shade trees, underutVry trees, and |a[QS shrubs or palm hedge g|ODg this entire
property line; (c) Add the materials to be used in the landscape planter above the town-
house units tothe landscape plan; /d\ Identify the materials used in the north garage
elevation bands breaking the louver pattern and provide for review by the Planning Di-
rector; (e) A final landscape plan shall be submitted for review and approval of the Plan-
ning Director prior to the issuance of building permit.
12\ Pursuant to c0nnrnenks by the City of Miami Public Works Department, the
following conditions shallbe required of the applicant: (o) NW32 nd Court and NW33'd
Avenue - Construct new concrete oidexvo|k, curb and gutter on both sides of the
roadway adjacent to the project site. Mill and resurface the entire vvidth, curb to curb,
adjacent to the project site-,(b) — NW7 m Street — Replace all broken and damaged
sidewalk and curb and gutter adjacent tothe project site.
13\ Prior to the issuance of o building pennit�, the applicant ohmU nubnnd a |e1Usr of
approval of the proposed height from the Miami -Dade County Aviation Department. If no
such approvals are granted, the height ofthe proposed project nhmUbepeducedtothooe
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated March 38. 2006.
14UAdevelopment bonus topermit amixed use of3O.O81 square feet offloor
area shall requiremnon-refundable payment tothe Affordable Housing Trust Fund ofmn
amount of$12.4O per square foot for a total of $454.844.40.
15\ThEt the requested accompanying applications for Land Use Change (File 8]
06-0/0196) and Change of Zoning (File 8D 06-010/9Zo) on this property are approved
by the City Commission.
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18\The applicant shall record mcovenant, subject toreview and approval bvthe
city attnrney, within sixty (60) days of the effective dote of this neoo|udon, which states
that in the event that this Major UeaSpeoia|Permitexpinesorismbmndoned.anyfutuno
development ofthe subject properties shall require design review and approval bythe
Planning 0reotor, utilizing the same criteria as the original Major Use Special Permit.
17) Within 90 days of the effective date of this Development {}rder, record m
certified copy of the Development Order specifying that the Development Order runs
with the land and is binding on the App|ioant, its aucceasuna, and aaoigno, jointly or
severally.
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