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Home My WebLink AboutR-05-0071City of Miami Legislation Resolution: R-05-0071 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-01443 Final Action Date: 1/27/2005 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE ELLIPSE PROJECT, TO BE LOCATED AT APPROXIMATELY 1776 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCTA273-FOOT, 24-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF APPROXIMATELY 267 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 6,793 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 438 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES SPECIFIED IN EXHIBIT "C;" DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 4, 2004, A. Vicky Garcia -Toledo, Esquire, P.A., on behalf of Thirteen Biscayne Associates, LLC, and Morocco Enterprises, Inc. (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for Ellipse (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the property located at approximately 1776 Biscayne Boulevard, Miami, Florida, as legally described in "Exhibit B", attached and incorporated; and WHEREAS, development of the Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, A development bonus to permit 51,873 square feet of floor area to be paid to the Affordable Housing Trust Fund at an amount of $12.40 per square foot = $643,225.20; and WHEREAS, the Large Scale Development Committee met on August 10, 2004 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on October 20, 2004, to consider the proposed project and recommended approval with conditions as specified on the Development Order; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on December 15, 2004 Item No. 4, following an advertised public hearing, adopted Resolution No. PAB 142-04 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL with conditions as presented in the Major Use Special Permit Development Order as attached and incorporated; and WHEREAS, the City Commission deems it advisable and in the best interest of the general City of Miami Page 1 of 3 File Id: 04-01443 (Version: 1) Printed On: 10/25/2016 File Number: 04-01443 Enactment Number: R-05-0071 welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A Major Use Special Permit Development Order, attached and incorporated as "Exhibit A," is approved subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the APPLICANT, at approximately 1776 Biscayne Boulevard, Miami, Florida, more particularly described on "Exhibit B," attached and incorporated. Section 3. The PROJECT is approved for the construction of a 273-foot, 24-story high mixed use structure to be comprised of approximately 267 total multifamily residential units with recreational amenities, approximately 6,793 square feet of retail space, and approximately 438 total parking spaces. Section 4. The Major Use Special Permit Application for the Project also encompasses the lower ranking Special Permits as set forth in the Development Order ("Exhibit A"). Section 5. The findings of fact set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as amended. b. The PROJECT is in accord with the C-1 "Restricted Commercial" and SD-20 "Edgewater Overlay" Zoning classifications of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. c. Pursuant to Section 1305 of the Zoning Ordinance of the City of Miami, Florida, the specific site plan aspects of the PROJECT, i.e., ingress and egress, parking, signs and lighting, utilities, drainage, preservation of natural features and control of potentially adverse effects generally, have been considered and will be further considered administratively during the process of issuing a building permit and a certificate of occupancy. d. The PROJECT is expected to cost approximately $118,068,343, and to employ approximately 158 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the creation of approximately 8 permanent new jobs. The PROJECT will generate approximately $600,557 annually in tax revenues to the City (2004 dollars). e. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; (2) the PROJECT will efficiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (5) the PROJECT will efficiently use necessary public facilities; City of Miami Page 2 of 3 File Id: 04-01443 (Version: 1) Printed On: 10/25/2016 File Number: 04-01443 Enactment Number: R-05-0071 (6) the PROJECT will not negatively impact the environment and natural resources of the City; (7) the PROJECT will not adversely affect living conditions in the neighborhood; (8) the PROJECT will not adversely affect public safety; (9) based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (10) any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority participation and employment, and minority contractor/subcontractor participation will be mitigated through compliance with the conditions of this Major Use Special Permit. Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANT and any successors in interest. Section 7. The application for Major Use Special Permit, which was submitted on November 4, 2004, and on file with the Department of Planning and Zoning of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference. Section 8. The City Manager is directed to instruct the Director of the Department of Planning and Zoning to transmit a copy of this Resolution and attachment to the APPLICANT. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order ("Exhibit A") for the PROJECT, attached and incorporated. Section 10. The Major Use Special Permit Development Order for the PROJECT ("Exhibit A") is granted and issued. Section 11. In the event that any portion or section of this Resolution or the Development Order ("Exhibit A") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order ("Exhibit A") which shall remain in full force and effect. Section 12. The provisions approved for this Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File Id: 04-01443 (Version: 1) Printed On: 10/25/2016