HomeMy WebLinkAboutAnalysisAnalysis for Major Use Special Permit
for
Soleil
located at approximately
3100 Biscayne Boulevard
CASE NO. 2005-006
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Soleil project has been reviewed to allow a Major Use
Special Permit per Articles 5, 9, 13 and 17, located at approximately 3100 Biscayne
Boulevard, Miami, Florida, to comprise of a 514-foot, 43-story high mixed use structure
to be comprised of approximately 288 total multifamily residential units with recreational
amenities, approximately 9,188 square feet of retail space, and approximately 876 total
parking spaces.
This Permit also includes the following requests:
MUSP, as per Article 17, Section 1701, to permit residential in excess of two
hundred (200) dwelling units. Proposed 288 units;
MUSP, as per Article 17, for development to provide parking in excess of 500
spaces or more. Proposed 876 parking spaces;
MUSP, as per Article 17 and Section 914.1 to permit additional floor area ratio as
a bonus through developer contribution to the Affordable Housing Trust Fund.
Requesting an additional 88,659 sq. ft. at an amount of $12.40 per square foot
for a total of $1,099,371.60;
MUSP, as per Article 5, Section 502, PUD to increase 20% of the total floor area,
for a maximum of 70,927 square feet of bonus;
CLASS II SPECIAL PERMIT, as per Article 6, Section 620.3.1 to permit new
construction in the SD-20.1 District;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver
of City of Miami Parking Guides and Standards for reduction of required backup
space for parking. Required 23 feet proposed 22 feet to waive one (1) foot;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
CLASS II SPECIAL PERMIT, as per Article 6, Section 614, 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 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 I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
CLASS I 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;
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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.
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 proposer[ project, the Planning
Department has referred this project to the Large Scale Development Committee
(LSDC) and the Planning 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 the NE 31st Street and Biscayne Boulevard.
• It is found that the subject property is located in the "Executive Plaza", "Ranni", and
"Elwood Court" Plats within the Edgewater neighborhood of the City.
• It is found that the existing zoning designations for the property pursuant to the
Zoning Ordinance of the City of Miami, Florida are the C-1"Restricted Commercial"
and SD-20.1 "Edgewater Overlay" Zoning Districts.
• It is found that the proposed density of the project is at the maximum 288 units (150
units per acre) on the 3.458± net acre site.
• Pursuant to Article 17 and Section 914, the proposed project is requesting a
development bonus of 88,659 square feet of additional floor area, and shall pay into
the Affordable Housing Trust Fund an amount of $12.40 per square foot =
$1,099,371.60.
• It is found that the project is expected to cost approximately $96,000,000, and to
employ approximately 812 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 40 permanent new jobs
and will generate approximately $954,059 annually in tax revenues to the City (2004
dollars).
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on November 10, 2004. The student population generated by this
development is estimated at 114 students. The schools serving this area of
application are Eneida M. Hartner Elementary - 135% Florida Inventory School
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Houses (FISH) Capacity with the proposed project; Jose De Diego Middle — 130%
FISH, and Booker T. Washington Senior High - 58% FISH. Pursuant to the
interlocal agreement, Riverside Elementary School and Jose de Diego Middle
School meet the review threshold of 115%.
• It is found that the Large Scale Development Committee reviewed the project on
November 16, 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 November 17, 2004, which recommended
approval (UDRB Reso. 11-17-04-4) with the following conditions: Additional detailing
is needed on the northerly ramp access. The more enclosed it is, that it goes to the
street; it will create a better buffer to its neighbors; Provide a more formal drop-off;
Re-evaluate the Biscayne Boulevard moat detail.
• It is found that the proposed project was reviewed by the Design Review Committee
on December 21, 2004, to address the expressed concerns raised by the Design
Review Comments. The Planning Department's review resulted in design modifica-
tions that were then recommended for approval to the Planning Director.
• It is found that on January 4, 2005, 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 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.
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 Planning Department,
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 Planning
Director 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.
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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,
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 Planning Department 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 Planning
Department 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 Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Planning Department
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 subor-
dinate 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.
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 Planning Director.
11. A development bonus to permit a mixed use of 88,659 square feet of floor area
will require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $1,099,371.60.
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12, 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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