HomeMy WebLinkAboutAnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
AVENUE ONE
located at approximately
1950 NW 1 st Avenue and 1905 NW 1st Court
CASE NUMBER: 2006-013
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Avenue One project (MU-2005-041) has been reviewed
to allow a Major Use Special Permit per Articles 5, 13 and 17, located at approximately
1950 NW 1st Avenue and 1905 NW 1st Court, Miami, Florida, to construct a mixed use
two tower development ranging in height from approximately 120 feet to 180 feet to be
comprised of approximately 349 total multifamily residential units with recreational
amenities; approximately 7,875 square feet of retail space; and approximately 633 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, per Article 17 for development of 345 residential
units.
MAJOR USE SPECIAL PERMIT, as per Article 17 for parking of approximately 633
parking spaces.
MUSP as per Article 5, Section 502, PUD districts; to increase the floor area by
twenty percent, 61,015 square feet.
Per City Code, Chapter 36-6, request for waiver of noise ordinance for construction
equipment for continuous pours.
The Major Use encompasses the following Special Permits:
CLASS II SPECIAL PERMITS
CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401 to allow for an increase in
footprint from 40 °/a to 60 % of gross lot area.
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow construction
fence and covered walkway.
CLASS II SPECIAL PERMIT, as per Article 9, Section 927 to Allow Temporary off -
site parking during construction
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special
event namely a ground breaking ceremony.
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer(s) for
construction and other temporary offices such as leasing and sales.
CLASS I SPECIAL PERMIT, as per Article 9, Section 904, for parking and staging of
construction during construction.
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction
trailer and watchman's quarters.
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CLASS I SPECIAL PERMIT, as per Article 10, Section 10,3.2.2 to allow develop-
ment/ construction/rental signage
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.5.5.3 to allow develop-
ment / construction / rental signage
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 retail opportunities in the Overtown NET District, located at
the southwest corner of NW 1st Avenue and NW 20th Street.
• It is found that the subject property is located in the "National Linen Properties" Plat
within the Northeast Overtown neighborhood of the City.
• It is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designations for the properties are I (Industrial) and C-2 (General
Commercial). The proposed zoning designation for the properties is C-1 (Restricted
Commercial) on an application which accompanies this Major Use Special Permit
(MUSP) application.
• It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Miami, Florida, the existing Future Land Use category for the properties are
"Industrial" and "General Commercial". The proposed Future Land Use Category for
the properties is "Restricted Commercial"
• It is found that the proposed project is not located along a Primary Pedestrian
Pathway.
• It is found that the proposed project is not located within an Archeological
Conservation area.
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• It is found that the proposed residential density of the project (349 units at 140 units
per acre) is below the maximum 372 units (150 units per acre) on the 2.48± net acre
site.
• It is found that the project is expected to cost approximately $68,000,000, and to
employ approximately 275 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 12 permanent new jobs
(FTE) and will generate approximately $820,916 annually in tax revenues to the City
(2005 dollars).
• It is found that on September 13, 2005, the Miami -Dade Aviation Department
provided a Height Analysis review of the proposed project and found that it does not
conform to the Miami -Dade County Height Zoning Ordinances. In addition, the
analysis indicates that the structure may impact the Terminal Instrument Procedures
for Departure and Approach on some of the runways at Miami International Airport
(MIA). The proposed building height requires the applicant to file with the Federal
Aviation Administration (FAA) Form 7460-1, "Notice of Proposed Construction
Alteration for Determination of Known Hazards". In addition, construction cranes for
this project exceeding 200 feet in height must be filed using the same form.
• It is found that on September 15, 2005, the City of Miami Public Works Department
provided a review of the project and provided the following comments: (a) Replatting
of the property is required to dose and vacate the platted public utility easements;
and the following street improvements shall be required: (b) NW 19th Street -
Replace all broken and damaged sidewalk, curb and gutter on both sides of the
street adjacent to the project site. Mill and resurface the entire width, curb to curb,
between NW 1st Avenue and NW 1st Court; (c) NW 1st Avenue - Replace all broken
and damaged sidewalk, curb and gutter on both sides of the avenue adjacent to the
project site. Mill and resurface the entire width, curb to curb, between NW 19th Street
and NW 20th Street; (d) NW 1st Court - Replace all broken and damaged sidewalk,
curb and gutter on both sides of the court adjacent to the project site. Mill and
resurface the entire width, curb to curb, between NE 19th Street and NE 20th Street;
(e) NE 20th Street - Replace all broken and damaged sidewalk, curb and gutter
adjacent to the project site.
• It is found that the Large Scale Development Committee reviewed the project on
October 12, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on November 16, 2005, which recommended
Approval (UDRB Reso. 11-16-05-4) with conditions.
• It is found that the proposed project was reviewed by the Internal Design Review
Committee subsequent to the UDRB meeting and the following pertinent comments
were made: Context/Urban Design - (a) Please look at switching the two tower's
location. The taller tower should line NW 1st Avenue, the primary street, and allow
the shorter tower next to the park and lower residential area west of the site; (b) The
buildings and landscape areas need to define the street and create spaces. Arcades
are usually placed at the sidewalk edge. The existing location can work if they are
integrated with the programming and landscape. Please decide if the nature of the
liner retail is live/work or retail, restaurant, office in character and reflect this in the
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landscape. (See suggested example below); (c) This project may require a variance
at this time for setback and height requirements. If a variance is required, Miami 21
may allow a more flexible process for this site; Loading - Incorporate the required
loading spaces so that access is provided to them from within the garage, thus
eliminating the curb cut and loading bays from the NW 19`h Street facade. Please
consider using a Class II to permit the reduction of loading berth sizes for some of
the required spaces; Landscaping — (a) Consider an oak or mahogany allee along
NW 20th and 19th Streets. This would define the large setbacks with the street and
allow space for a double planting of shade trees with an 8-12' sidewalk. Additional
layered shrub and/or groundcover plantings could separate the arcades from the
grass on these two sides; (b) Please provide and existing tree survey. The City of
Miami has a tree removal application form and instructions that will need to be
acquired. Additionally, the City uses a method of "sum of inches" diameter at breast
height to calculate replacement values vs. the county's method of sq. footage.
Please refer to the City of Miami tree protection ordinance passed January 2005 and
show necessary tables/ replacement species and sizes. The Planning Department's
review resulted in design modifications that were then recommended for approval to
the Planning Director.
• It is found that on November 29, 2005, the City's Traffic Consultant, URS Corp.,
provided a review (W.O. #123) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient.
® It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on January 30, 2006. The student population generated by this
development is estimated at 94 students. The schools serving this area of
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application are Philiis Wheatley Elementary (43 students) — 55% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Jose de Diego Middle (24
students) — 100% FISH; and Booker T. Washington Senior High (27 students) —
69% FISH. Pursuant to the interlocal agreement, none of the schools meet the
review threshold of 115%. As of April 2005, the Proposed Relief School in the area
is State School "GG-1" (Land to be donated by the City of Miami for Jose de Diego
Middle School relief with 1,241 student stations) with an Occupancy Date Funding
Year of 2006-07. At an average of $6,549 per K-12 student, the total annual
operating cost for the additional students residing in this development, if approved,
would total $615,606. Based on the State's February 2006 student station cost
factors, capital costs for the estimated additional students to be generated by the
proposed development is $1,602,899.
• 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
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.
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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 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 location of the two towers shall be
switched with the taller tower lining NW lst Avenue; (b) This project may require a vari-
ance at this time for setback and height requirements. If a variance is required, Miami
21 may allow a more flexible process for this site; (c) Incorporate the required loading
spaces so that access is provided to them from within the garage, thus eliminating the
curb cut and loading bays from the NW 19th Street facade; (d) Place an oak or mahog-
any allee along NW 20th and 19th Streets which would define the large setbacks with the
street and allow space for a double planting of shade trees with an 8-12' sidewalk. Addi-
tional layered shrub and/or groundcover plantings should separate the arcades from the
grass on these two sides.
12) Pursuant to comments by the City of Miami Public Works Department, the
following street improvements shall be required of the applicant: (a) Repletting of the
property is required to close and vacate the platted public utility easements; and the fol-
lowing street improvements shall be required: (b) NW 19th Street - Replace all broken
and damaged sidewalk, curb and gutter on both sides of the street adjacent to the pro-
ject site, Mill and resurface the entire width, curb to curb, between NW 1st Avenue and
NW 1st Court; (c) NW 1st Avenue - Replace all broken and damaged sidewalk, curb and
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gutter on both sides of the avenue adjacent to the project site. Mill and resurface the
entire width, curb to curb, between NW 19th Street and NW 20th Street; (d) NW 1s1 Court
Replace all broken and damaged sidewalk, curb and gutter on both sides of the court
adjacent to the project site. Mill and resurface the entire width, curb to curb, between NE
19th Street and NE 201h Street; (e) NE 20th Street - Replace all broken and damaged
sidewalk, curb and gutter adjacent to the project site.
13) That the requested applications for the Future Land Use Change and
Change of Zoning on these properties are approved by the City Commission
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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