HomeMy WebLinkAboutExhibit AEXHIBIT "A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
ELLIPSE
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 9, 13 and 17 of Ordinance No. 11000, the
Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the
Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a
Major Use Special Permit for the Ellipse Project (hereinafter referred to as the "PROJECT") to
be located at approximately 1776 Biscayne Boulevard, Miami, Florida (see legal description on
"Exhibit B", attached and incorporated), is subject to any dedications, limitations, restrictions,
reservations or easements of record.
After due consideration of the recommendations of the Planning Advisory Board and
after due consideration of the consistency of this proposed development with the Miami
Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and
subject to the following conditions approves the Major Use Special Permit and issues this
Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately
1776 Biscayne Boulevard, Miami, Florida. The PROJECT is located on a gross lot area of
approximately 3.13± acres and a net lot area of approximately 1.91± acres of land (more
specifically described on "Exhibit B", incorporated herein by reference). The remainder of the
PROJECT's Data Sheet is attached and incorporated as "Exhibit C".
The proposed PROJECT will be comprised of a 273-foot, 24-story high mixed use
structure to be comprised of approximately 267 total multifamily units with recreational
amenities, approximately 6,793 square feet of retail space, and approximately 438 total parking
spaces.
The Major Use Special Permit Application for the PROJECT also encompasses the
following lower ranking Special Permits:
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 I1 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 II SPECIAL PERMIT, as per Article 6, Section 620, for temporary construction
fence and covered walkway;
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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 I SPECIAL PERMIT, as per Article 9, Section 920.1(d), to allow a construction
trailer;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 920.1.2, to allow a temporary
sales office trailer;
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
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and referenced above as well as any other special approvals required by the City which may be
required to carry out the requested plans.
The PROJECT shall be constructed substantially in accordance with plans and design
schematics on file prepared by Gromatzky Dupree and Associates, dated October 28, 2004; the
landscape plan shall be implemented substantially in accordance with plans and design
schematics on file prepared by GWH Landscape Architects, dated October 5, 2004; said design
and landscape plans may be permitted to be modified only to the extent necessary to comply
with the conditions for approval imposed herein; all modifications shall be subject to the review
and approval of the Director of the Department of Planning and Zoning prior to the issuance of
any building permits; and
The PROJECT conforms to the requirements of the C-1 "Restricted Commercial" and
SD-20 "Edgewater Overlay" Zoning classifications, as contained in the Zoning Ordinance, the
Zoning Ordinance of the City of Miami, Florida, as amended. The existing comprehensive plan
future land use designation on the subject property allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR
SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY
WITH THE FOLLOWING:
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..
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
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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 Minority/Women
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, recordable
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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 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 order to carry out any of the requested activities andior
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 Director of Planning and Zoning.
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11. Pursuant to design related comments received by the Director of Planning and Zoning,
the applicant shall meet the following conditions: (a) Consider the addition of some
vertical elements into the facade; (b) Consider the use of colors, innovative materials,
and varying depths, in order to provide an interesting, artistic 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) Consider 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 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.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date
of its issuance; the issuance date shall constitute the commencement of the thirty (30)
day period to appeal from the provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, as amended, is consistent with the orderly development and goals of the
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City of Miami, and complies with local land development regulations and further, pursuant to
Section 1703 of the Zoning Ordinance:
(1) the PROJECT will have a favorable impact on the economy of the City; and
(2) the PROJECT will efficiently use public transportation facilities; and
(3) the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment; and
(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural resources
of the City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be mitigated through
conditions of this Major Use Special Permit.
The proposed development does not unreasonably interfere with the achievement of the
objectives of the adopted State Land Development Plan applicable to the City of Miami.
Pursuant to Section 1305 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT i.e., ingress and egress, offstreet parking and loading, refuse and service areas,
signs and lighting, utilities, drainage and control of potentially adverse effects generally have
been considered and will be further considered administratively during the process of issuing
individual building permits and certificates of occupancy.
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