HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit
for
Ellipse
located at approximately
1776 Biscayne Boulevard
CASE NO. 2004-107
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Ellipse project has been reviewed to allow a Major
Use Special Permit per Articles 5, 9, 13 and 17, located at approximately 1776 Biscayne
Boulevard, Miami, Florida, to comprise of a 273-foot, 24-story high mixed use structure
to be consist of approximately 267 total multifamily units with recreational amenities, ap-
proximately 6,793 square feet of retail space, and 438 total parking spaces; providing
for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MUSP, per Article 17, to permit residential in excess of two hundred (200) units.
Proposed 267 units;
MUSP, as per Article 9, Section 914.1, to permit additional floor area ratio as a
bonus through developer contribution to the Affordable Housing Trust Fund.
Requesting an additional 51,873 sq. ft, at an amount of $12.40 per square foot
for a total of $643,225.20;
MUSP, as per Article 5, Section 502, PUD to increase 20% of the total floor area,
for a total of 46,968 square feet of bonus;
CLASS II SPECIAL PERMIT, as per Article 6, Section 620.3,1, for development
of new construction within the SD-20 Overlay District;
CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401 to allow for outdoor
eating areas;
CLASS II SPECIAL PERMIT, as per Article 6, Section 620, to allow development
construction/rental signage;
CLASS II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923,2, a
request to reduce one loading space from 12 x 55 to two 10 x 20;
CLASS 11 SPECIAL PERMIT, as per Article 6, Section 620, for temporary
construction fence and covered walkway;
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 917.2.1, to allow valet
parking for residential and other uses;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and
staging of construction during construction;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 920.1(d), to allow a
construction trailer;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1.2, to allow a
temporary sales office trailer;
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REQUEST for applicable MUSP conditions to be required at the time of shell permit
instead of at issuance of foundation permit;
a. The requirement to provide a letter of assurance for the Solid Waste
Department; and
b. 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
c. The requirement to record in the Public Records a unity of title or covenant in
lieu of unity of title.
Per City Code, Chapter 36, Construction Equipment Request for waiver of noise
ordinance while under construction for continuous pours.
Pursuant to Articles 5, 9, 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
additional residential opportunities in the Wynwood/Edgewater NET District, located
at Biscayne Boulevard and NE 18th Street.
• It is found that the subject property is located in the "Biscayne Federal Plaza" and
"Third Amended Map of Miramar" Plats within the Edgewater neighborhood of the
City.
• It is found that the proposed zoning designations for the property pursuant to the
Zoning Ordinance of the City of Miami, Florida are the C-1 "Restricted Commercial"
and SD-20 "Edgewater Overlay" Zoning Districts.
• It is found that the proposed density of the project is 138 units per acre (267 total
units), which is less than the 500 units per acre maximum (955 total units) on the
1.91± net acre site.
• Pursuant to Article 9, Section 914, the proposed project is requesting a development
bonus of 51,873 square feet of additional floor area, and shall pay into the
Affordable Housing Trust Fund an amount of $12.40 per square foot = $643,225.20.
• It is found that the proposed project was reviewed by the Design Review Committee
on August 10, 2004, and the following pertinent comments were made: (West Eleva-
tion/Garage) The version of this elevation which features the horizontal recessed
stucco panels may be an appropriate design solution for this facade, if the applicant
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prefers this solution to the facade with the "fake" openings rendered in the scale of
regular windows. However, the committee has the following suggestions to enhance
this facade: (1) Consider the addition of some vertical elements into the facade; (2)
Consider the use of colors, innovative materials, and varying depths, in order to pro-
vide an interesting, artistic solution to this facade, and present a color elevation for
review by the committee; (Linear Plaza) The wall shall be provided with transparency
allowing visual connection for pedestrians, and shall not be more than 6' in height.
Consider providing a regular spacing between the masonry bases in the fence. The
provision of public open space at the southwest corner is appropriate.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on December 3, 2004. The student population generated by this
development is estimated at 51 students. The schools serving this area of
application are PhiIlis Wheatley Elementary - 63% Florida Inventory School Houses
(FISH) Capacity with the proposed project; Jose De Diego Middle — 129% FISH, and
Booker T. Washington Senior High - 57% FISH. Pursuant to the interlocal
agreement, Jose de Diego Middle School meets the review threshold of 115%.
• It is found that the Large Scale Development Committee reviewed the project on
August 10, 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 October 20, 2004, which recommended
approval (UDRB Reso. 10-20-04-5) with the following conditions: (1) The north and
the west facade be studied and be made more compatible with the other facades;
(2) Pedestrianize the interface between the street and the entry deck level.
Apparently it is predominantly planter boxes and landscape; (3) The circulation
within the garage be studied so that the valet doesn't have to go out and come back
in; (4) In the event that there is a cooling tower, the height of the parapet will go as
high as the cooling tower on its mounting pads all around the building; (5) Verify the
FAR calculations. In the package, the retail and lobby was presented as not
needing to be a part of the FAR.
• It is found that on July 27, 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 including the required Affordable Housing Trust fund
contribution of $12.40 per square foot for any applicable FAR increase sought
under those provisions.
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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
APPLICANT must use its best efforts to follow the provisions of the City's
MinorityNVomen Business Affairs and Procurement Program as a guide.
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 mandatory 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 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 1 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 l Special Permit plans and detailed re-
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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.
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 sub-
ject to review and approval by the Director of Planning and Zoning.
11. Pursuant to design related comments received by the Director of Planning and
Zoning, the applicant shall meet the following conditions: (a) Consider the addi-
tion of some vertical elements into the facade; (b) Consider the use of colors,
innovative materials, and varying depths, in order to provide an interesting, ar-
tistic solution to the facade; (c) The wall along NE 2nd Court that encloses the
Linear Plaza shall be provided with transparency or articulation allowing visual
connection for pedestrians, and shall not be more than 6' in height; (d) Con-
sider providing a regular spacing between the masonry bases in the fence; and
(e) The interface between the street and the entry deck level shall be made
more pedestrian friendly.
12. A development bonus to permit a mixed use of 51,873 square feet of floor area
will require payment to the Affordable Housing Trust Fund of an amount of
$12,40 per square foot = $643,225.20.
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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