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HomeMy WebLinkAboutMUSP Analysis• • • Analysis for Substantial Modification to a Major Use Special Permit Application for the Kubik at Morningside Project located at approximately 5600-5780 Biscayne Boulevard CASE NO. 2004-025 Consideration of a Resolution approving with conditions a Substantial Modification to a Major Use Special Permit application pursuant to Articles 5, 13, and 17 of Zoning Ordi- nance No. 11000, as amended, for the Kubik at Morningside Project located at approxi- mately 5600-5780 Biscayne Boulevard, Miami, Florida, to be proposed as two 14-story buildings with two design options with the primary option comprised of 293 multifamily residential units, 41,745 square feet of retail/restaurant space, and approximately 422 total parking spaces; or the "Alternative" option which is comprised of 293 multifamily resi- dential units. 33,046 square feet of retail/restaurant space, and approximately 362 total parking spaces. This Permit also includes the following requests: SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT application, per Article 17, Section 1701, and Article 22 of City of Miami Zoning Ordinance 11000, as amended, to allow a change in the previously reviewed application (Planning Advisory Board of December 17, 2003); MUSP, as per Article 17 for development of 293 residential units; MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by twenty percent (20%), 55,735.09 square feet; CLASS II, as per Article 6. Section 609.3.1, for a construction fence within the SD-9 overlay district; CLASS II, as per Article 6, Section 609.3.1. for development of new construction within the SD-9 overlay district; CLASS II, as per Article 9, Section 927, to allow temporary off -site parking during construction; CLASS II, as per Article 9, Section 906.7.3, to permit a restaurant as an accessory convenience establishment; CLASS II, as per resolution number 12331, to allow parking lifts located within a garage structure. CLASS II, as per Article 9, Section 908.2, for access from a public street roadway width greater than twenty- five feet. CLASS I, as per Article 9, Section 925.3.8, to allow development/construction/rental signage. CLASS I, as per Article 9, Section 918.2, for parking and staging of construction during construction. CLASS I, as per Article 9, Section 918.2, for parking and staging of offsite parking for construction crews. Page 1 of 6 • • CLASS I, as per Article 9. Section 906.6. for active recreational facilities (including swimming pools). CLASS I, as per Section 915.2 for FAA clearance letter. CLASS 1, as per Article 9, Section 917.12, to allow valet parking for commercial and residential use. CLASS 1, as per Article 9, Section 920.1, to allow a construction trailer and watchman's quarters. CLASS 1, as per Article 9, Section 920.1, to allow a trailer for construction and other temporary office uses such as leasing and sales. CLASS I, as per Article 9, Section 906.9, to allow for a special event namely a ground breaking ceremony. SPECIAL EXCEPTION, as per City of Miami Zoning Ordinance 11000 as amended, Article 9, Section 917.7.1, reduction in parking requirements for combination of commercial and office uses on the same premises. 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 b. the requirement to record in the Public Records a unity of title or covenant in lieu of unity of title. Pursuant to Article 13 of Zoning Ordinance 11000, approval of the requested a Substantial Modification to a Major Use Special Peiuiit application 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), the Urban Development Review Board (UDRB) 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 housing opportunities in the Upper East Side NET District, on Biscayne Boulevard. • It is found that the subject property is located in C-1 (Restricted Commercial District) and 0 (Office) Zoning District with an SD-9 (Biscayne Boulevard North Overlay District) in the Bayshore Unit No. 4 Subdivision. Page 2 of 6 • It is found that the project has convenient access to the Metro Mover system, with connections to the Metrorail Station. located 2 1/2 miles (Omni Outer -Loop) south of the subject property, for efficient use of existing mass transit systems. • It is found that the project was reviewed by the Large Scale Development Committee on October 1, 2003 and has been modified 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 October 15. 2003, which recommended approval with the following conditions: remove shrubs by following the FDOT plan; relocate all vehicular driveways to N.E. 4th Court; reduce the driveway to the minimum allowable standards of 20'-24'; reduce the amount of driveways and configure the circulation within the building site; provide a continuous canopy of shade trees along the edge of curb; see the latest FDOT construction plans for the "Biscayne Boulevard Improvement Plan" regarding landscaping. The Planning and Zoning Department's review resulted in design modifications which were then recommended for approval with conditions to the Planning and Zoning Director. • It is found that the project as originally proposed (two 16-story buildings consisting of 293 multifamily residential units, 4,106 square feet of quality restaurant, 35,350 square feet of specialty retail, approximately 452 total parking spaces, with the southern building cantilevered over the existing Andiano Pizza building) was heard by the Planning Advisory Board on December 17, 2003, which recommended that the applicant make revisions to its site plan. The applicant then modified the proposal and requested a modification in order to return to the Board. • It is found that the applicant has submitted two revised proposals for the Kubik project. The "Primary" option is comprised of 293 multifamily residential units, 41,745 square feet of retail/restaurant space, and approximately 422 total parking spaces. • It is found that the "Alternative" option is comprised of 293 multifamily residential units, 33,046 square feet of retail/restaurant space, and approximately 362 total parking spaces. • It is found that in both options, the height of the proposed project has been decreased by two stories (from 16 to 14); and decreased by 13'-1" (from the original 163 feet to 149'-II"). • It is found that in both options, that the design of the south building being cantilevered over the existing Andiano Pizza building has been eliminated. • It is found that both new proposals generate fewer trips; the Primary generating 204 trips; and the Alternative generating 160 trips); this is a reduction of the original proposal which generated 234 trips; therefore, as modified, the project will have less of an adverse effect on the mobility system of the surrounding area. Page 3 of 6 • • • It is found that access to the site will only be provided off of NE 4th Court in response to neighborhood concerns. ▪ It is found that the revised Traffic Impact Study has been reviewed (January 22, 2004) by URS Corp., the City's Transportation Consultant, and that the concerns raised during in the original review regarding signal timing have been adequately addressed. Potential problems with site access, circulation, and insufficient parking, however, remain a concern. • It is found that the requested PUD approval represents a bonus increase in Floor Area Ratio; this bonus, in conjunction with the fact that this is a very large site, has a cu- mulative effect of allowing an extremely large amount of potential development on this site. In a recent study of the Biscayne Boulevard corridor, recommendations were made that limitations be placed on height of development; the requested bonus results in a potentially taller structure that does not contextually fit on this specific property. Therefore, it is found that with respect to these recommendations, the subject proposal should be modified to eliminate the requested PUD bonus. The reduction will result in a more compatible amount of development capacity on the subject property. • It is found that since the completion of the recent Biscayne Boulevard corridor study, concern has arisen over the potential negative effect of building height immediately adjacent to Biscayne Boulevard; the subject proposal should be modified with respect to height in order to produce a project that is more in character with the context of Biscayne Boulevard as it relates to height. • 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; subject to compliance with the conditions in the Development Order; failure to comply with these conditions will result in a proposal that does not comply with the criteria of Sec. 1305 and should not be approved. 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. Page 4 of 6 • 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 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. Pursuant to the Department of Public Works, replatting shall be required; the Applicant shall also provide Public Works with plans, for the proposed closure of "reserved" easements located throughout the property, for its review and approval prior to the issuance of a building permit. 7. Prior to the issuance of a shell permit, provide the City with an executed, recordable unity of title agreement 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 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. 9. In so far as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Peiiu,its 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 Peiinit 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 activities and/or improvements listed in this development order or captioned in the plans approved by it. Page 5 of 6 • • • 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 oc- cupying future phases of this Project in the event that the future phases are not de- veloped, said plan shall include a proposed timetable and shall be subject to re- view and approval by the Director of Planning and Zoning. 11. Pursuant to the UDRB's and the Planning and Zoning Department's reviews, the applicant shall remove shrubs by following the FDOT plan; relocate all vehicular driveways to N.E. 4th Court; reduce the driveway to the minimum allowable stan- dards of 20'-24'; reduce the amount of driveways and configure the circulation within the building site; provide a continuous canopy of shade trees along the edge of curb; see the latest FDOT construction plans for the "Biscayne Boulevard Improvement Plan" regarding landscaping. 12. The applicant shall modify the plans on file, as submitted for the proposed project to eliminate any Floor Area Ratio bonuses requested pursuant to Article 5 of the Zoning Ordinance for a Planned Unit Development. 13. The applicant shall continue to work with the Planning and Zoning Department to reduce the proposed building height along Biscayne Boulevard; such modifica- tions shall be subject to the final review and approval of the Planning and Zoning Director. Page 6 of 6