HomeMy WebLinkAboutCC AnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
CITY CENTER
located at approximately
100 NW 12TH Street, 1120 NW 1ST Avenue, 105 and 113 NW 11TH Terrace, and 1129, 1135, 1145, 1151,
and 1159 NW 1ST Court, Miami, Florida
LEGISTAR FILE ID: 10-00581mu
PROJECT PROFILE:
• Mixed use residential project comprised of two 27 story towers with 9 story podium -parking garage;
• Total maximum height of approximately 254' 6" foot A.G.L. (270'-8" N.G.V.D) at the top of roof slab; and
• 392,612 square feet of floor area inclusive of:
➢ Approximately 340 total multifamily residential units
➢ Approximately, 3,130 square feet of retail space
➢ Approximately 478 off-street parking spaces
• Zoning Designation of the subject properties: SD-16.1 (Southeast Overtown-Park West Commercial -
Residential District .1)
Application for the proposed "CITY CENTER" project has been reviewed for a for Major Use Special Permit
pursuant to Zoning Ordinance 11000, as amended, and is subject to the following Special Permits:
• MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, (1), to allow a residential
development involving in excess of two hundred (200) dwelling units;
The Major Use Special Permit includes the following subordinate Special Permits and Requests:
• CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to allow a waiver of the required one (1)
additional foot width dimension of parking stalls abutting a wall, fence, building, or other physical
obstruction.
• CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927, to allow temporary 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 906.9, to allow temporary carnival, festival, fair
or similar type event on privately owned or City -owned land such as a ground breaking ceremony;
• CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916.2.1, to allow parking for temporary special
event such as ground breaking ceremonies;
• CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-street offsite
parking, for construction crews working on a residential commercial project under construction, within SD-
16.1 or more permissive zoning district;
• CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow parking of mobile homes,
trailers or manufactured homes, when authorized for security or other purposes in connection with land
development such as construction trailer(s) and other temporary construction offices such as watchman's
quarters, leasing and sales centers;
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• CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6.3.16, SD-16, 16.1, 16.2 Southeast
Overtown-Park Park West Commercial -Residential District, Temporary Signs (3), to allow temporary
development signs;
• Request authorization from the City Manager or his designee, which authorizes the operation and use of
construction machinery during otherwise prohibited periods of time in the event that such operation or use
is required to eliminate or reduce any dangerous or hazardous conditions which endangers life or
property, pursuant to Chapter 36 NOISE, Section 36-6 of the City Code.
FINDINGS
In determining the appropriateness of the proposed project, the Planning Department referred this
project for additional input and recommendation to:
• Planning Internal Design Review Committee;
• Large Scale Development Committee (LSDC); and
• The Urban Development Review Board;
Recommendations from the aforementioned Committees and Boards have been considered in the
preparation of the following findings:
• The proposed development project will benefit the area by creating new affordable residential units in the
Overtown NET Area, bound by NW 12th Street on the North, NW 11th Terrace on the South, NW 1st Court
on the West, and NW 1st Avenue on the East.
• The proposed project is not located along a Primary Pedestrian Pathway.
• The proposed project is not located within an Archeological Conservation area.
• The proposed project is located within the Southeast Overtown Park West (SEOPW) Development of
Regional Impact (DRI) area. The DRI fees at the time of this analysis have been calculated in the
approximate amount of $ 226,240.27. The reservation for development credit can be made upon approval
of the MUSP by paying: $ 137,806.61 or applicable amount at time or reservation. The remaining the
balance shall be paid prior to obtaining the building permit.
• The proposed residential density of the project (340 units at 295.65 units per acre) is below the maximum
345 units (300 units per acre) on the 1.15 ± net acre site.
• The total floor area proposed for the 2.33± gross acre site is 392,612 square feet (3.87 FAR) is below the
maximum allowed for the site, which is 437,975 square feet at a Floor Area Ratio (FAR) of 4.32
• The maximum height of the proposed structures is approximately 254 feet 6 inches A.G.L. (270'-8"
N.G.V.D) at top of roof slab. Pursuant to Article 6, Section 616.9.2 of Zoning Ordinance 11000, there is
no height limitation within the SD-16.1 District.
• The proposed open space for the project 10,849 sq. ft. is above the minimum required green space
(10,138 sq. ft. at 10% GLA) for this project.
• The proposed total number of parking spaces (approximately 478) for the project is above the required
minimum number of 344 parking spaces.
• The project is expected to cost approximately $ 53.3 million and to employ approximately 350 Full Time
Employees (FTEs) during construction; The project will also result in the creation of approximately 10
permanent new jobs (FTE) for building operation and will generate approximately $ 39,310 annually in tax
revenues to the City (2010 dollars).
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• The Large Scale Development Committee reviewed the project on July 14, 2010 to address the
expressed technical concerns raised at said Large Scale Development Committee meeting.
• The proposed project was reviewed by the Internal Design Review Committee on April 20, 2010, and
provided comments attached hereto.
• The proposed project was reviewed by the Urban Development Review Board on September 15, 2010,
and recommended approval with the following conditions attached hereto.
• On July 14, 2010, the City of Miami Public Works Department provided their standard comments to the
project as well as requiring the following specific street improvements: (1) N.W.1 Avenue: Construct new
sidewalk, curb and gutter and landscaped park way, with trees, adjacent to the project site in accordance
with a street cross section approved by the Public Works Department. Construct new asphalt pavement
between the new curb and centerline of the avenue from N.W. 11 Terrace and N.W. 12 Street, (2) N.W. 1
Court: Repair any of the recently constructed sidewalk, curb and gutter and pavement damaged during
construction of the housing project. Construct individual street tree planters and trees in the existing
asphalt pavement in accordance with Public Works Standards.
• On November 30,2010 the Miami -Dade County Public Schools provided School Concurrency
Determination for the City Center Project, stating that the "MDCPS has conducted a public school
concurrency review for the application and has determined that it DOES MEET (Concurrency Met) all
applicable L.O.S. Standards for a Final Development order as adopted in the local Government's
Educational Element and incorporated in the Interlocal Agreement for Public School Facility Planning in
Miami -Dade County".
• On August 5, 2010 the Miami -Dade Aviation Department provided the Determination Number DN-10-07-
394 Airspace and Land Use Analysis for City Center, stating that "the proposed building at the referenced
location conforms to the Miami International Airport (Wilcox Field) Zoning Ordinance". In addition states
that "any proposed construction at this location reaching or exceeding 200 feet AMSL is required to be
filed with the Federal Aviation Administration (FAA)..."
• On May 3, 2010, the City's Traffic Consultant, URS Corp., reviewed the proposed City Center project
(Review: # 9). Preliminary Comments request an explanation of ancillary nature of the retail space and
encourages transportation Control Measures.
• The "Phase I and Limited Phase II Environmental Site Assessment" dated April 1, 2010, conducted by
Hydrologic and Associates U.S.A., Inc. (HAI) and submitted with the project states:
"In summary, HAI recommends that prior to redevelopment of the site the following
tasks are conducted:
o Removal of the Underground Storage Tanks (UST) present on the site, and
o Reduce exposure of the superficial soils prior to development".
• The project's analysis includes a review under Section 1305.2 of Zoning Ordinance 11000, following the
Design Review Criteria:
I. Site and Urban Planning;
II. Architecture and Landscape Architecture;
III. Pedestrian Oriented Development;
IV. Streets and Open Space;
V. Vehicular Access and Parking;
VI. Screening;
VII. Signage and lighting;
VIII Preservation of Natural Features; and
IX. Modification of Nonconformities.
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CONDITIONS
Based on these findings, the Planning Department is recommending approval of the City Center
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 Department's discretion, 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 APPLICANTS
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 APPLICANT must use its best efforts to follow the provisions of the City's
Minority/Women Business Affairs and Procurement Program as a guide, as applicable.
6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of any building
permit:
• 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 in perpetuity; and
• Record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title if, applicable,
subject to the review and approval of the City Attorney's Office.
7) Prior to the issuance of a shell permit, provide the Planning Department with a recorded copy of the
documents mentioned in condition (6) above.
8) Provide the Planning Department with a temporary construction plan that includes the following:
• Temporary construction parking plan, with an enforcement policy;
• Construction noise management plan with an enforcement policy; and
• Maintenance plan for the temporary construction site; said plan shall be subject to the review and
approval 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 I Special
Permits for which specific details have not yet been developed or provided, the applicant shall provide the
Planning Department with all subordinate Class I Special Permit plans and detailed requirements for final
review and approval of each one prior to the issuance of any of the subordinate approvals required in
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order to carry out any of the requested activities and/or improvements listed in this development order or
captioned in the plans approved by it.
10) 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 Planning Director.
11) Pursuant to design related comments, the applicant shall meet the following conditions to be reviewed
and approved by the Planning Director, prior to the issuance of any building permit:
Urban Design
a. Reduce the project scale to maintain the character of the surrounding properties and neighborhood,
Architecture
b. Provide color elevations and details of the materials to be used on exteriors, as well as ground level
details at a larger scale for review and approval prior to the issuance of any building permit ;
Landscape
c. Provide a tree survey prepared by a Professional Land Surveyor in the State of Florida and refer to
Chapter 17 of the City Code for tree protection and tree removal permit requirements.
d. Submit details of all plazas and sidewalk spaces,
Other
e. Attain the sufficiency letter from the City's Traffic Consultant, URS Corp.
f. Comply with the recommendations of the "Phase I and Limited Phase II Environmental Site Assess-
ment" submitted as part of the application; and
g. Revise the phasing strategy so that the proposed phase three is incorporated within phase one or
two.
12) Pursuant to comments by the City of Miami Public Works Department, the following specific street im-
provements are required: (1) N.W.1 Avenue: Construct new sidewalk, curb and gutter and landscaped
park way, with trees, adjacent to the project site in accordance with a street cross section approved by
the Public Works Department. Construct new asphalt pavement between the new curb and centerline of
the avenue from N.W. 11 Terrace and N.W. 12 Street, (2) N.W. 1 Court: Repair any of the recently con-
structed sidewalk, curb and gutter and pavement damaged during construction of the housing project.
Construct individual street tree planters and trees in the existing asphalt pavement in accordance with
Public Works Standards.
13) Prior to issuance of any building permit, the applicant shall pay in full the DRI fee (Southeast Overtown
Park West (SEOPW) Development of Regional Impact (DRI) area fees, which at the time of this analysis
have been calculated to be an approximate amount of $ 226,240.27.
14) Within 90 days of the effective date of this Development Order, the Planning Department shall be pro-
vided with a certified copy recorded, 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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