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ANALYSIS
MAJOR USE SPECIAL PERMIT
for
PORTICO
located at approximately 1837 NE 4 Avenue
CASE NO. 2005-060
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Portico project (MU-2005-017) has been reviewed
to allow a Major Use Special Permit per Articles 13 and 17, located at approximately
1837 NE 4 Avenue, Miami, Florida, to construct an approximate 461-foot, 43-story high
residential structure to be comprised of approximately 324 total multifamily residential
units with recreational amenities; and approximately 425 total parking spaces.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MUSP, as per Article 17 for development of 324 residential units;
Per City Code, Chapter 36, construction equipment request for waiver of noise
ordinance while under construction for continuous pours.
The Major Use encompasses the following Special Permits:
CLASS 11 PERMITS
CLASS 11 SPECIAL PERMIT, as per Article 6, Section 606 for development of
new construction in the SD-6 District;
CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401, to allow a
construction fence and covered walkway;
CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor
eating areas and outdoor cafes;
CLASS 11 SPECIAL PERMIT, as per Article 9, Section 908.2 for access from a
public street roadway with driveway greater than twenty-five feet in width;
CLASS 1 PERMITS
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 917.1.2 to permit valet parking;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer (s)
for construction and other temporary offices such as leasing and sales;
CLASS I SPECIAL PERMIT, as per Article 9, Section 904, for parking and
staging of construction during construction;
CLASS I SPECIAL PERMIT, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a
construction trailer and watchman's quarters.
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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 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 Articles 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
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
east of Biscayne Boulevard and north of NE 18 Street.
• It is found that the subject property is located in the "Miramar" Plat within the
Edgewater neighborhood of the City.
• it is found that pursuant to the Zoning Ordinance of the City of Miami, Florida, the
existing zoning designation for the property is SD-6, SD-6.1 (Central Commercial
Residential District).
• It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
Miami, Florida, the existing Future Land Use category for the property is "High
Density Multifamily Residential".
• It is found that the proposed residential density of the project (378,367 square feet at
7.06 times the Gross Lot Area) is below the maximum 7.2 times GLA (385,767
square feet) on the 1.23± gross acre site.
• It is found that the project is expected to cost approximately $75,181,000, and to
employ approximately 366 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 24 permanent new jobs
(FTE) and will generate approximately $1,032,174 annually in tax revenues to the
City (2005 dollars).
• It is found that on February 4, 2005, the Miami -Dade Aviation Department provided a
Height Analysis review of the proposed project and found that it conforms to the
Miami -Dade County Height Zoning Ordinances. The proposed building height
requires the applicant to file with the Federal Aviation Administration (FAA) Form
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7460-1. In addition, construction cranes for this project exceeding 200 feet in height
must be filed using the same form.
• It is found that the Large Scale Development Committee reviewed the project on
February 23, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on March 8, 2005 and the following pertinent comments were made:
Context - (a) The committee appreciates the submittal of the site photographs,
context plan and aerial photograph, in order to understand the project's relationship
to its surroundings; (b) Thank you for providing the 3-D images of the Quantum,
1800 club, and Opera projects in order to gain a further understanding of the
projects' relationship to each other and the overall effect on the area;
Confirmations — (a) Confirm with the Office of Zoning if the proposed plaza within
the streets satisfies the urban plaza requirement in the SD-6 Zoning District; (b)
Indicate the proposed street paving material and confirm with the Public Works
Department regarding the proposed right of way improvements and the valet parking
location; (c) Confirm the project's ground floor height requirements based on FEMA
elevation levels, and propose a design which connects the sidewalk level elevation
to the ground floor lobby and townhouses height. This shall be accomplished by
providing steps leading directly from the first habitable floor level to the street level.
Any portion of the street frontage which does not have steps shall be provided with
terracing or another design feature, such that the sidewalk is not provided with blank
walls; Urban Design — (a) The committee would like to commend the applicant on
the project's ground floor site plan design. The building's placement appropriately
addresses the site's corner condition; there is only one minimal -width access point
for vehicular access into the garage; and all service and loading functions are
provided access from within the garage and from the alley; (b) It is important to
provide more lining of active residential use on the southwest side of the building.
Because of the open space (area labeled plaza on the plan) to the west of the site,
the west elevation will always have a very prominent frontage. Consider extending
the townhouse liner and the residential units above to entirely conceal the garage
frontage at least up to level three; Architecture — (a) The generous use of glass,
balconies and terraces within the design of the building is appropriate for the tropical
Miami climate. Consider providing more variety within the tower elevation through
the use of massing, window and balcony placement, materials, etc.; (b) The
committee appreciates the attempt to provide an artistic design treatment to the
project's garage elevations. However, consider providing more vertical elements in
the garage facades, in order to break up the horizontal appearance of these
elevations; (c) This garage shall be articulated so that vehicles are completely
hidden from public view. Provide details of the materials proposed to cover the
garage openings, and indicate how all vehicles and mechanical systems within the
garage will be concealed from public view; The Planning Department's review
resulted in design modifications that were then recommended for approval to the
Planning Director.
• It is found that on March 15, 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.
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• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on April 20, 2005 which recommended Approval
(UDRB Reso. 4-20-05-1) with the following condition: Work with staff to articulate the
south garage elevation and upper two floors of the east garage elevation.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on June 19, 2005. The student population generated by this
development is estimated at 87 students. The schools serving this area of
application are Phillis Wheatley Elementary (40 students) T- 65% Florida Inventory
School Houses (FISH) Capacity with the proposed project; Jose De Diego Middle
(22 students) — 115% FISH; and Booker T. Washington Senior High (25 students) -
58% FISH. Pursuant to the interlocal agreement, only Jose de Diego Middle School
meets the review threshold of 115%. At an average of $6,549 per K-12 student, the
total annual operating cost for the additional students residing in this development, if
approved, would total $569,763. Based on the State's June 2005 student station
cost factors, capital costs for the estimated additional students to be generated by
the proposed development is $1,396,125.
• 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:
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 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.
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
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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. 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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