HomeMy WebLinkAboutMUSP Analysis•
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Analysis for Major Use Special Permit for the
Opus Project
located at approximately
1237 Biscayne Boulevard and 324 & 444 NE 13th Street
CASE NO. 2004-060
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Opus Project has been reviewed to allow a Major
Use Special Permit per Articles 9, 13 and 17, to be comprised of 408 total multifamily
residential units, approximately 17,160 square feet of retail/office, and 570 total parking
spaces.
This Permit also includes the following requests:
Per City Code, Chapter 36, Construction Equipment, request for waiver of noise
ordinance while under construction for continuous pours;
MUSP, as per Article 17 for parking of approximately 570 parking spaces;
MUSP, as per Article 17 for development of 408 residential units;
CLASS II, as per Article 9, Section 906.6, for pool/outdoor recreation area;
CLASS II, as per Article 6, Section 606.3.2, for development of new construction
within the Central Commercial Residential District;
CLASS II, as per Article 4, Section 401, to allow a construction fence and
covered walkway;
CLASS II, as per Article 9, Section 927, to allow temporary off -site parking during
construction;
CLASS II, as per Article 9, Section 908.2 for access from a public street roadway
width greater than 25 feet;
CLASS I, to permit staging and parking during construction (to be approved prior
to obtaining a building permit from the Department of Planning and Zoning);
CLASS I, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
CLASS I, as per Article 9, Section 920.1, to allow a construction trailer and
watchman's quarters;
CLASS I, as pre Article 9, Section 920.1, to allow a trailer(s) for construction and
other temporary offices such as leasing and sales;
CLASS I, as per Article 9, Section 917.1.2 to allow valet parking for other uses;
REQUEST for applicable MUSP conditions to be required at the time of shell
permit instead of at issuance of foundation permit;
REQUEST for reservation of Downtown DRI credits;
REQUEST that the following MUSP conditions be required at the time of Temporary
Certificate of Occupancy or Final Certificate of Occupancy instead of at the 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 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 and
Zoning Department has referred this project to the Large Scale Development
Committee (LSDC) and the Planning & Zoning's 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 and commercial opportunities in the Downtown NET District, located
at Biscayne Boulevard and NE 1 3tn Street.
• It is found that the subject property is located in the "Windsor Park" and "Belcher Oil
Company Property" Plats within the Omni/PAC neighborhood of the City.
• It is found that the existing zoning designation for the property pursuant to the
Zoning Ordinance of the City of Miami, Florida is SD-6 "Central Commercial
Residential".
• It is found that the project has convenient access to the Metro Mover system at the
Omni Station, located two blocks north from the subject property, and the
Bicentennial Park Station (currently closed), located approximately %-block south
from the subject property, for efficient use of existing mass transit systems.
• It is found that the proposed density of the project is 500 units per acre, which
equals the maximum 500 units per acre permitted for the 0.8168-net acre site.
• It is found that the proposed project was reviewed by the Design Review Committee
on March 23, 2004, and the following comments were made: The east elevation of
the garage pedestal is an important design element, due to its location as a gateway
to the City of Miami when arriving from Miami Beach on 1-395; There are several
transportation and roadway improvement plans which may have a direct and sub-
stantial impact on this project; It is critical that the applicant conduct a traffic study
and coordinate with the City Transportation Office and FDOT regarding traffic circu-
lation and access to the site and plans for the 1-395 highway, and the possible im-
pact this may have on this project's site.
• It is found that on June 9, 2004, the City's Traffic Consultant, URS Corp., provided a
Review of the Traffic Impact Analysis submitted by the applicant and has found the
traffic analysis not sufficient.
• It is found that the project was reviewed by the Large Scale Development Committee
on April 20, 2004 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
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• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on April 21, 2004, which recommended approval
(UDRB Reso. 4-21-04-3) with the following condition: Retain the media
display/artwall providing that no commercial content is displayed. The Planning and
Zoning Department's review resulted in design modifications that were then
recommended for approval to the Planning and Zoning Director.
It is found that the proposed project was reviewed by Miami -Dade Public Schools in
June 2004, which stated that the requirements of the interlocal agreement for school
facility planning are not triggered since the applicant is not requesting additional
residential density over what is currently allowed the existing zoning classification.
Pursuant to the interlocal agreement, the elementary, middle and high schools
serving this area of application do not meet the review threshold.
• It is found that on June 9, 2004, the City's Traffic Consultant, URS Corp., provided a
Review of the Traffic Impact Analysis submitted by the applicant and has found the
traffic analysis not sufficient.
• It is found that with respect to all additional criteria as specified in Section 1305 of
Zoning Ordinance 11000, the proposal has been reviewed and found to be
adequate.
Based on these findings, the Planning and Zoning 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 Department of Planning and Zoning,
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 Director of the
Department of Planning and Zoning 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 responsibility, 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
Contractor/Subcontractor Participation Plan) submitted to the City as part of the
Application for Development Approval, with the understanding that the
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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. 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,
recordable 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.
Provide the Department of Planning and Zoning with a temporary construction
plan that includes 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 approval by the Department of Planning and
Zoning 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.
8. In so far as this Major Use Special Permit includes the subordinate approval of
a series of Class I Special Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Department of Planning
and Zoning with all subordinate Class t Special Permit plans and detailed re-
quirements for final review and approval of each one prior to the issuance of
any of the subordinate approvals required in order to carry out any of the re-
quested activities and/or improvements listed in this development order or cap-
tioned in the plans approved by it.
9. If the project is to be developed in phases, the Applicant shall submit an interim
plan, including a landscape plan, which addresses design details for the land
occupying future phases of this Project in the event that the future phases are
not developed, said plan shall include a proposed timetable and shall be subject
to review and approval by the Director of Planning and Zoning.
10. Pursuant to the Traffic Impact Analysis Review, the applicant is strongly en-
couraged to continue working with the City's Traffic Consultant to resolve all
outstanding Traffic Analysis issues prior to being heard by the City Commission.
11. Prior to the issuance of a Building Permit, the applicant shall submit for review
by the Planning & Zoning Department, all details of the artistic solution for the
portions of the garage which shall be exposed.
12. Prior to the issuance of a Building Permit, the applicant shall coordinate with the
City Transportation Office and FDOT regarding traffic circulation and access to
the site in relation to future plans for the 1-395 highway, and the possible impact
this may have on this project's site.
13. Within 90 days of the effective date of this Development Order, record a certi-
fied 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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