HomeMy WebLinkAboutMUSP Analysis•
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Analysis for Major Use Special Permit for the
Island Gardens Project
located at approximately 950 and 1050 MacArthur Causeway
CASE NO. 2004-045
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Island Gardens Project has been reviewed to allow a
Major Use Special Permit per Articles 13 and 17, to be comprised of two hotel buildings
housing 500 rooms and 105 fractional ownership units with accessory uses, 221,000
square feet of retail space, 1,610 total parking spaces, 50 mega -yacht slip marina and an-
cillary uses, maritime gallery, and approximately 6.5± acres of public gardens and open
space.
This Permit also includes the following requests:
MUSP, as per Article 17, Section 1701, to permit any nonresidential uses
involving in excess of two hundred thousand (200,000) square feet of floor area;
MUSP, as per Article 17, Section 1701, to permit hotels involving in excess of
three hundred fifty (350) rooms;
MUSP, as per Article 17, Section 1701, to permit any single or combination of
requiring or proposing to provide in excess five hundred (500) offstreet parking
spaces;
Pursuant to City Code, Chapter 35, Section 36-6 Construction Equipment.
Request for waiver of noise ordinance for construction and nighttime dredging.
SPECIAL EXCEPTION, as per City of Miami Zoning Ordinance 11000 as
amended, Article 9, Section 924.10, to allow the projection of docks or plus into
waterways previously approved on January 26, 2004 by the Zoning Board;
CLASS II, as per Article 6, Section 607.3.1, for development of new construction
within a Special District;
CLASS II, as per Article 6, Section 607.3.1, for development of new construction
within a Special District;
CLASS II, as per Article 15, Section 1511 for development between Biscayne Bay
and the first dedicated right-of-way;
CLASS II, as per Determination of Use 2001-001, Special Exception to permit
establishments which offer time-share licenses within the "C-1 Restricted
Commercial" zoning district;
CLASS I, as per Section 915.2 for FAA clearance letter;
CLASS I, as per Article 9, Section 10.3.2.2 to allow
developmenticonstruction/sales and rental signage;
CLASS I, as per Article 9, Section 918.2, for parking and staging during
construction;
CLASS I, as per Article 9, Section 920.1, to allow temporary construction
buildings and trailers;
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CLASS I, as per Article 6, Section 903.1, for projects designed as a single site
occupying lands divided by district boundaries;
CLASS I, as per Article 9, Section 917.1.2, to allow valet parking, including buses
and other vehicles;
Request for the following MUSP conditions to be required at time of shell permit
instead of an issuance of foundation permit;
Request for reservation of Downtown DRI credits;
Request for variance to the setback per Article 4, Section 401, "C-1", for the Base
building maximum height at front setback;
Waiver of Charter Amendment to allow certain improvements, as shown on the
site plan, to be located within the 50' setback area.
Note: Designation as a phased development pursuant to Section 2502 of
Ordinance No. 11000.
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:
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 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 on Watson Island in the Downtown NET
District, located along MacArthur Causeway.
It is found that the project has convenient access the Metrobus lines operating along
MacArthur Causeway. It is also located adjacent to the Watson Island Station of the
proposed "Baylink" segment of the Metrorail, located east of the subject property, for
efficient use of existing mass transit systems.
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• It is found that the project was reviewed by the Large Scale Development Committee
on February 5, 2004 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 March 17, 2004, which recommended
approval with the following condition; Apply the 2"d Garage scheme facing I-395.
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 on May 5, 2004, the City of Miami Planning Advisory Board approved
the Amendment to the Downtown DRI, which expanded the boundaries of the
Downtown DRI to make them consistent with the jurisdiction of the Downtown
Development Authority and to add eight (8) wet slips to the Marina land use category
of the DRI.
• It is found that the Future Land Use Amendment and Change of Zonings associated
with the Island Gardens project were passed on Second Reading by the City of Miami
City Commission (Resos. 03-0397, 03-0397a, 03-0397b, 03-0397c) on May 6, 2004.
• It is found that the proposed project was reviewed by the Zoning Board on May 10,
2004 for a Special Exception and a Variance, both of which were approved with
conditions.
• It is found that on May 19, 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 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.
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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_ CompIy 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.
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.
7. 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 Peuiiit_
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 de-
veloped or provided, the applicant shall provide the Department of Planning and
Zoning with all subordinate Class I Special Permit plans and detailed require-
ments 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 requested ac-
tivities and/or improvements listed in this development order or captioned 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 oc-
cupying 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.
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10. Pursuant to the Traffic Impact Analysis Review, the applicant is strongly encour-
aged to continue working with the City's Traffic Consultant to resolve all out-
standing Traffic Analysis issues prior to being heard by the City Commission.
11. Pursuant to the Zoning Board review, the applicant shall adhere to the conditions
of approval placed by the Zoning Board as provided in the City Commission
Resolution.
12. Pursuant to the UDRB's and Planning and Zoning Department's review, the
applicant shall meet the following conditions; Apply the 2" d Garage scheme
facing 1-395.
13. The applicant shall continue to work with the City Planning and Zoning
Department in the articulation of the buffer on the eastern side of the parking
garage facing MacArthur Causeway.
14. The applicant will be required to provide landscaping for the roadway and would
be responsible for the development of the beautification and the landscaping of
the facade to the City's final review and approval.
15. 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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