HomeMy WebLinkAboutAnalysis for MUSPSubmitted into the public
record in connection w; th
item
N Priscilla A. Thompson
City Clerk
Analysis for Major Use Special Permit
for
Biscayne Park
located at approximately
2450 Biscayne Boulevard; 243, 251, 261, and 265 NE 24th Street;
218, 226, 234, 242, 250 and 258 NE 25th Street
CASE NO. 2005-011
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Biscayne Park project has been reviewed to allow a
Major Use Special Permit per Articles 5, 9, 13 and 17, located at approximately 2450
Biscayne Boulevard; 243, 251, 261, and 265 NE 24th Street; 218, 226, 234, 242, 250
and 258 NE 25th Street, Miami, Florida, to comprise of a 277-foot, 26-story high mixed
use structure to be comprised of approximately 214 total multifamily residential units
with recreational amenities, approximately 6,843 square feet of retail space; approxi-
mately 12,502 square feet of office space; and approximately 331 total parking spaces;
providing for certain floor area ratio ("FAR") bonuses.
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 214 residential units);
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 35,929: sq. ft. at an amount of $12.40 per square foot
for a total of $445,519.60;
MUSP, as per Article 5, Section 502, PUD to increase 20% of the total floor area,
for a maximum of 28,402 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 4, Section 401, to allow for outdoor
eating areas;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
CLASS II SPECIAL PERMIT, as per Article 6, Section 620.3, for temporary
construction fence and covered walkway;
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; Request to waive one (1)
foot;
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, for access for a
public street roadway width greater than twenty-five feet;
CLASS 1 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;
Page 1 of 6
DC - 0,) n/ir cr. c_
Submitted into the public
record in connecti n with
item ?Z.5 on s 04
Priscilla A. Thompson
-- City Clerk
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;
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
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 District, located at the
SW comer of NE 25th Street and Biscayne Boulevard.
• It is found that the subject property is located in the "Birds" and "Edgewater" Plats
within the Edgewater neighborhood of the City.
• It is found that the existing zoning designation for the property pursuant to. the
Zoning Ordinance of the City of Miami, Florida is the C-1 "Restricted Commercial"
with SD-20.1 "Edgewater Overlay" Zoning District.
• It is found that the proposed density of the project (214.units at 149 units per acre) is
below the maximum 216 units (150 units per acre) on the 1.44± net acre site.
Page 2 of 6
Submitted In":'1 the public
record in connection Aith
item 5 on 515
Priscilla A. Thompson
City Clerk
• Pursuant to Article 17, and Section 914.1, the proposed project is requesting a
development bonus of 35,929 square feet of additional floor area, and shall pay into
the Affordable Housing Trust Fund an amount of $12.40 per square foot =
$445, 519.60.
• It is found that the project is expected to cost approximately $24,430,000, and to
employ approximately 243 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 80 permanent new jobs
and will generate approximately $213,125 annually in tax revenues to the City (2004
dollars).
• It is found that the proposed project was reviewed by the Design Review Committee
on August 17, 2004, and the following pertinent comments were made: Con-
text/Urban Design — (1) The provision of an arcade and retail space at the corner of
Biscayne Blvd. and NE 25th St., and the provision of liner uses fronting the garage
on NE 24th and NE 25th St. are positive urban design contributions of the project; (2)
The internalized loading area and the minimal amount and width of curb cuts pro-
vided for entering the garage are also positive urban design considerations of the
project; (3) The provision of the lower height portion of the building on Biscayne
Boulevard is appropriate to correspond with the scale of the existing historic build-
ings across the street from the property. The revised plans appropriately provide
terraces for the residential unitsabove the retail space on Biscayne Boulevard; (4)
The addition of the canopy structure on the comer of the building at Biscayne Blvd.
and NE 25th St. is appropriate in order to provide continuous shade and protection
from rain for pedestrians; (5) The revised garden wall incorporating more transpar-
ency through the use of aluminum fencing is appropriate; Garage - The committee
needs more information in order to determine the appearance of the proposed west
garage elevation. Please submit elevation details indicating proposed materials and
color selections, and indicate that parked cars and mechanical systems within the
garage are hidden from view. The applicant may proceed with the MUSP application
process, as the garage appearance may be specified as a condition to be worked
out through the design development process; Landscaping — (1) Consider the use
of an alternative shade tree species in lieu of the silver buttonwood trees proposed
as street trees along NE 24th St. and NE 25th St; (2) Consider the use of shade trees,
rather than palms, along NW 25th St., in order to provide a continuous canopy of
shade for pedestrians. Palm trees may be utilized periodically as an architectural
accent to the architecture of the building. The Planning Department's review re-
sulted in design modifications that were then recommended for approval to the
Planning Director.
Page 3 of 6
Submitted lr h e public
record in connection with
item f2. 5 on s12-5 �a
Priscilla A. Thompson
City Clerk
It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on The The student population generated by this
development is estimated at 47 students. The schools serving this area of
application are Eneida M. Hartner Elementary akgn i:1,4 In, Florida Inventory
School Houses FISH Ca•acity with the proposed project; Jose De Die Middle
i and Booker T. Washington Senior High
. Pursuant to the interlocal agreement, Eneida M. Hartner and Jose de
o Middle School meet the review threshold of 115%.
• It is found that the Large Scale Development Committee reviewed the project on
September 21, 2004 to address the expressed technical concerns raised at said
Large Scale Development Committee meeting.
• It is found that on October 4, 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 the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on. November 17, 2004, which recommended
Denial (UDRB Reso. 11-17-04-3) with the following reasons: The south and east
facades need better articulation; and the service entrance (loading) needs to be
relocated so that it doesn't interfere with the main entrance.
• 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
Page 4 of 6
Submitted Into the public
record in connection w'th
item Pz. S. on s19-slot,
Priscilla A. Thompson
City Clerk
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,
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 tocarry 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.
Page 5 of 6
11. Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) The applicant shall submit
elevation details indicating proposed materials and color selections, and indi-
cate that parked cars and mechanical systems within the garage are hidden
from view; (b) the applicant shall use an alternative shade tree species in lieu
of the silver buttonwood trees proposed as street trees along NE 24th
and NE 25th ; and c the applicant shall use shade trees, rather than
palms, along NW 25th .r.i, in order to provide a continuous canopy of shade
for pedestrians. Palm trees may be utilized periodically as an architectural ac-
cent to the architecture of the building.
12. A development bonus to permit a mixed use of 35,929 square feet of floor area
will require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $445,519.60.
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.
Submitted Into the public
record in connection with
item P2.5 on 5isloc,
'Priscilla A. Thompson
City Clerk
Page 6 of 6
Submitted Into the public
record in connection 1th
item PZ.5 on sow
Priscilla A. Thompson
Analysis for Major Use Special Permit City Clerk
for
District Lofts
located at approximately
2751 Biscayne Boulevard and 328-338 NE 28 Street
CASE NO. 2005-017
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for District Lofts project has been reviewed to allow a Ma-
jor Use Special Permit per Articles 9, 13 and 17, located at approximately 2751 Bis-
cayne Boulevard and 328-338 NE 28 Street, Miami, Florida, to comprise of a 153-foot,
12-story high mixed use structure to be comprised of approximately 84 total multifamily
residential units with recreational amenities, approximately 2,939 square feet of retail
space; approximately 8,838 square feet of office space; and approximately 146 total
parking spaces; providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
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 18,087 sq. ft. at an amount of $12.40 per square foot
for a total of $224,278.80;
VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended,
Article 4, Section 401, Schedule of District Regulations, required side street yard;
Required: 7 feet, 6 inches
Proposed: 4 feet
Request to waive: 3 feet, 6 inches
CLASS II SPECIAL PERMIT, as per Article 6, Section 620.3, for development of
new construction in the Edgewater Overlay District;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for temporary
construction fence and covered walkway;
CLASS 11 SPECIAL PERMIT, as per Article 9, Section 922.4(c) to allow
maneuvering of trucks on a public alley;
CLASS .11 SPECIAL PERMIT, as per Article 9, Section 908.2, for access from a
driveway with a width greater than 25 feet;
CLASS 11 SPECIAL PERMIT, as per Article 9, Section 922.8 to allow for
combined off-street loading facilities;
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, to allow a
construction trailer and watchman's quarters and other temporary offices such as
leasing and sales;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
Page 1 of 6
Submitied im: i e public
record in c-o sa ecf:o i vrit
item Ms' onlerikk
h
Priscilla A. i h Analysis for Substantial Modification ►17pSOC1
to a Major Use Special Permit City Clerk
for Paramount at Edgewater Square
located at approximately
317, 341, 345, and 363 NE 20th Terrace; 340 & 348 NE 21st Street; and 2040, 2066,
and 2072 North Bayshore Drive;
CASE NO. 2005-004
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Paramount at Edgewater Square project has been
reviewed to approve with conditions, a Substantial Modification to a Major Use Special
Permit application, per Articles 5, 9, 13, 17 and 22 of Zoning Ordinance 11000, as
amended, for the Paramount at Edgewater Square project, located at approximately
317, 341, 345, and 363 NE 20th Terrace; and 340 & 348 NE 21st Street; and 2040, 2066,
and 2072 North Bayshore Drive, Miami, Florida, to a 496-foot, 46-story mixed use struc-
ture comprised of approximately 355 total multifamily residential units with recreational
amenities, approximately 29,766 square feet of retail space, and approximately 452 total
parking spaces; providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MUSP, per Article 17, for development of 355 residential units;
MUSP, as per Article 5, Section 502, PUD District, to increase the floor area by
twenty percent;
MUSP, as per Article 9, Section 914, a development bonus of 121,909 square
feet of additional floor area, and to pay into the Affordable Housing Trust Fund
an amount of $12.40 per square foot = $1,511,671.60;
MUSP, as per Article 17, for parking structures with approximately 589 parking
spaces;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow a
construction fence and covered walkway;
CLASS 11 SPECIAL PERMIT, as per Article 6, Section 620, for development of
new construction within the SD-20 and SD-20.1 Districts;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
CLASS 11 SPECIAL PERMIT, as per Article 4, Section 41, to allow for outdoor
eating areas and outdoor cafes;
CLASS 1I 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 11 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 1 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, to permit staging
and parking during construction;
CLASS 1 SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a
construction trailer and watchman's quarters;
Page 1 of 6
Submitted Into the public
record in connecti «n ith
item P2.5 on 5 ss bto.
Priscilla A. Th•mpson
City Clerk
REQUEST for applicable MUSP conditions to be required at the time of shell
permit instead of at issuance of foundation permit;
REQUEST that the following MUSP conditions be required at the time of Temporary
Certificate of Occupancy or Final Certificate of Occupancy instead of at the 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 5, 9, 13, 17 and 22 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
at North Bayshore Drive and NE 21 st Street.
• It is found that the subject property is located in the "Bayonne" and "Bayside Park"
Plats within the Edgewater neighborhood of the City.
• It is found that the existing zoning designation for the property pursuant to the
Zoning Ordinance of the City of Miami, Florida is R-4 "Multifamily High -Density
Residential" with a SD-20 "Edgewater Overlay Zoning District" and C-1 "Restricted
Commercial District" with a SD-20/SD-20.1 "Edgewater Overlay Zoning District". The
applicant is proposing a Change of Zoning to C-1 "Restricted Commercial" with an
SD-20/SD-20.1 Edgewater Overlay District" and SD-19 "Designated F.A.R. Overlay
District, F.A.R. of 2.4".
• It is found that the proposed density of the project is 130 units per acre (355 total
units), which is below the 150 units per acre maximum (408 total units) on the 2.72±
net acre site.
• Pursuant to Article 9, Section 914, the proposed project is requesting a development
bonus of 121,909 square feet of additional floor area, and shall pay into the
Affordable Housing Trust Fund an amount of $12.40 per square foot =
$1,511,671.60.
Page 2 of 5
Submitted Into the public
record in connection with
item P1.s on 5 s4o4.
Priscilla A. Tho Tipson
City Clerk
• It is found that a review of the proposed project was provided by Miami -Dade Public
Schools on June 29, 2004. The student population generated by this development
is estimated at 83 students. The schools serving this area of application are Phillis
Wheatley Elementary - 65% FISH Capacity with the proposed project, Jose de
Diego Middle — 130% 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% and shall need to enter dialogue with the Miami -Dade School
District.
• It is found that the revised proposed project was reviewed by the Large Scale
Development Committee on June 29, 2004 to address the expressed technical
concerns raised at said Large Scale Development Committee meeting.
• It is found that on July 28, 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 the proposed project was reviewed again for design appropriateness
by the Urban Development Review Board on December 15, 2004, which
recommended approval (UDRB Reso. 12-15-04-10) with the following conditions:
The driveway going into the property from Bayshore Drive to only be one way in
(Note: The Internal Design Review Committee feels that the removal of this
driveway is more appropriate); Reconsider the large white doorway icon. It is out of
place with the architecture.
• It is found that the revised proposed project was reviewed by the Design Review
Committee on December 28, 2004, and the following pertinent comments were
made: (1) Indicate the material of this garage screening and confirm that vehicles
and garage mechanical systems will be completely screened from view; (2) The pro-
posed driveway entrance on North Bayshore Drive is unnecessary and should be
removed for utilization of this area for pedestrian uses, additional retail, and/or open
space; (3) The loading bay area shall be screened from public view and provided
with a decorative entry gate so that the loading vehicles are not visible from the pub-
lic right of way; (4) Clarify the east elevation detail by providing a version of the
drawing without landscaping, and including the existing house to remain on the site.
The elevation detail is not consistent with the floor plan and landscaping plan, and
the drawings shall be revised so that they are coordinated; (5) The final version of
the art mural for the necessary blank wall portions of the project facing the interior lot
will be required to be approved by the committee. The Planning Department's re-
view resulted in design modifications that were then recommended for approval to
the Planning Director.
• It is found that the proposed project was reviewed by the Miami Zoning Board at its
meeting of January 10, 2005, 2004, Item No. 6 for a Change of Zoning from R-4
"Multifamily High Density Residential" with an SD-20 "Edgewater Overlay District"
and C-1 "Restricted Commercial" with an SD-20/SD-20.1 "Edgewater Overlay
District" to C-1 "Restricted Commercial" with an SD-20/SD-20.1 Edgewater Overlay
District" and SD-19 "Designated F.A.R. Overlay District, F.A.R. of 2.4". The Board
RECOMMENDED APPROVAL by a vote of eight to zero (8-0), requiring City
Commission approval.
Page 3 of 5
Sub iitC a '".. ,
9,
record in c3 s :`. .ti
item Pt-5 on S 'Alo`'
Priscilla A. Thompson
Cleric
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.
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
Page 4 of 5
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. Pursuant to the review of the Design Review Committee, the applicant shall
meet the following conditions: (1) Indicate the material of this garage screening
and confirm that vehicles and garage mechanical systems will be completely
screened from view; (2) The proposed driveway entrance on North Bayshore
Drive is unnecessary and shall be removed for utilization of this area for
pedestrian uses, additional retail, and/or open space; (3) The loading bay area
shall be screened from public view and provided with a decorative entry gate
so that the loading vehicles are not visible from the public right of way; (4) The
east elevation detail shall be clarified by providing a version of the drawing
without landscaping, and including the existing house to remain on the site.
The elevation detail is not consistent with the floor plan and landscaping plan,
and the drawings shall be revised so that they are coordinated; (5) The final
version of the art mural for the necessary blank wall portions of the project
facing the interior lot shall be required to be approved by the committee.
12. That the accompanying requested applications for Change of Zoning for this
property being approved by the City Commission.
13. A development bonus to permit a mixed use of 121,909 square feet of floor
area will require payment to the Affordable Housing Trust Fund of an amount
of $12.40 per square foot = $1,511,671.80.
14. 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.
Page 5 of 5
Submitted !;to .the public
record in c E e oc lion with
item P2.5" on 5 y5 0�
Priscilla A. Thompson
City Clerk
Analysis for Major Use Special Permit
for
Vista Biscayne
located at approximately
436, 446 and 452 NE 29 Street
CASE NO. 2005-038
Submitted Into the public
record in connection with
item r2.S- on slas )a`
Priscilla A. Thompson
City Clerk
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Vista Biscayne project has been reviewed to allow a
Major Use Special Permit per Articles 5, 9, 13 and 17, located at approximately 436, 446
and 452 NE 29 Street, Miami, Florida, to comprise of an approximate 17-story high resi-
dential structure to be comprised of approximately 41 total multifamily residential units
with recreational amenities; and approximately 62 total parking spaces; providing for
certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
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 9,675 sq ft. at an amount of $12.40 for a total of
$119, 970.00;
VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended,
Article 6, Section 620.2.3.1, Schedule of District Regulations, required front yard;
Required
Proposed
Request to waive
20 feet
5 feet
15 feet
CLASS II SPECIAL PERMIT, as per Article 6, Section 620, for signage approval;
CLASS 11 SPECIAL PERMIT, as per Article 6, Section 620.3, for temporary
construction fence and covered walkway;
CLASS 1 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;
a. The requirement to provide a letter of assurance for the Solid Waste
Department; and
Page 1 of 5
Submitted Into the public.
record in connection with
item MS' on o
Priscilla A. Thompson
City Clerk.
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
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
on NE 29 Street east of Biscayne Boulevard.
• It is found that the subject property is located in the "Broadmoor" Plat within the
Edgewater neighborhood of the City.
• It is found that the existing zoning designation for the property pursuant to the
Zoning Ordinance of the City of Miami, Florida is the R-4 "Multifamily High -Density
Residential" with SD-20.1 "Biscayne Boulevard Edgewater Overlay" Zoning District.
• It is found that the proposed density of the project (41 units at 100 units per acre) is
below the maximum 61 units (150 units per acre) on the 0.41± net acre site.
• Pursuant to Article 17, Section 914.1, the proposed project is requesting a
development bonus of 9,675 square feet of additional floor area, and shall pay into
the Affordable Housing Trust Fund an amount of $12.40 per square foot =
$119,970.00.
• It is found that the project is expected to cost approximately $11,200,000, and to
employ approximately 101 workers during construction (FTE-Full Time Employees);
The project will generate approximately $123,728 annually in tax revenues to the
City (2005 dollars).
• It is found that the proposed project was reviewed by the Design Review Committee
on November 2, 2004 and the following pertinent comments were made: Site
Plan/Urban Design — (1) The revised ground floor plan, with the addition of a unit
on the ground floor plan facing the garden, is a great improvement over the previous
Page 2 of 5
rti cord in conri
iterYi Pz • c
isc lla A.
submittal reviewed by the committee; (2) The provision of liner residential units
fronting the upper levels of the garage on NE 29th is appropriate, in order to conceal
the garage and provide useable active space fronting the street; (3) The inclusion of
the proposed Onyx 2 project's floor plan and elevation drawings is appreciated in
order to view the project's relationship to the adjacent proposal; Architecture — (1)
The committee appreciates the detailed elevation drawings presented in this review
package. The building has an appropriate appearance and benefits from the use of
a large amount of windows, balconies, terraces and color variety; (2) The artistic
solution for the exposed garage facades is appropriate. It is critical that parked cars
and mechanical systems within the garage be hidden from view, as indicated in the
garage detail and section drawings; Landscaping — (1) When available, submit a
landscape plan that specifies the species (common and botanical names), sizes
(height x spread and/or container size) at time of planting, quantities, and proposed
locations of all plant materials, existing and proposed; (2) The landscape plan shall
include planting details and planting specifications; (3) A significant landscape buffer
shall be provided between the garage pedestal and the property lines on all three
sides of the property. The Planning. Department's review resulted in design
modifications that were then recommended for approval to the Planning Director.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on January 5, 2005. The student population generated by this
development is estimated at 9 students. The schools serving this area of application
are Eneida M. Hartner Elementary (4 students) — 116% Florida Inventory School
Houses (FISH) Capacity with the proposed project; Jose De Diego Middle (2
students) — 113% FISH; and Booker T. Washington Senior High (3 students) - 57%
FISH. Pursuant to the interlocal agreement, none of the schools meet the review
threshold of 115%. At an average of $5,833 per K-12 student, the total annual
operating cost for the additional students residing in this development, if approved,
would total $52,497. Based on the State's January 2005 student station cost factors,
capital costs for the estimated additional students to be generated by the proposed
development is $146,191.
• It is found that on January 12, 2005, the Miami -Dade Aviation Department provided
a review of the proposed project and found that it conforms to the Miami -Dade
County Height Zoning Ordinances.
• It is found that the Large Scale Development Committee reviewed the project on
January 19, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that on February 7, 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 the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on February 16, 2005, which recommended
Approval (UDRB Reso. 2-16-05-4).
• It is found that the proposed project was reviewed for the following variance: Article
6, Section 620.2.3.1 Schedule of District Regulations, required front yard, 20 feet
minimum allowed, to allow a minimum yard of 5 feet, by the Miami Zoning Board at
Page 3 of 5
he public
' ith
' ID.57).oto
Clerk
record .. .th
item ra 51.5.1e6
`"° ,Priscilla A. i , .. , i pson
`` City Clerk
its meeting of April 25, 2005, Item No. 7, which RECOMMENDED APPROVAL by a
vote of five to four (5-4), requiring City Commission approval.
Required 20 feet
Proposed 5 feet
Request to waive 15 feet
• 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.
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.
Page 4 of 5
Submitted Into the public
record in connecti n with
item ?7,5 on 5
Priscilla A. Thompson
-Y------- City Clerk
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. AN 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 1 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. That the accompanying requested application for the Variance on this property
is approved by the City Commission.
12. A development bonus to permit a mixed use of 9,675 square feet of floor area
shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $119,970.00.
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.
Page 5 of 5
Submitted Into the public'
record in connecti.n ith
item 1312.5 on 5 06
Priscilla A. Thompson
City Clerk
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.
Per City Code, Chapter 36, Construction Equipment Request for waiver of noise
ordinance while under construction for continuous pours. .
Pursuant to Articles 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
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 SE corner of NE 28 Street and Biscayne Boulevard.
• It is found that the subject property is located in .the "Bankers Park" Plat within the
Edgewater neighborhood of the City.
• It is found that the existing zoning designation for the property pursuant to the
Zoning Ordinance of the City of Miami, Florida is the C-1 "Restricted Commercial"
and R-4."Multifamily High -Density Residential" with SD-20 "Edgewater Overlay"
Zoning District.
• It is found that the proposed density of the project (84 units at 130 units per acre) is
below the maximum 97 units (150 units per acre) on the .647t net acre site.
• Pursuant to Article 17, and Section 914.1, the proposed project is requesting a
development bonus of 18,087 square feet of additional floor area, and shall pay into
the Affordable Housing Trust Fund an amount of $12.40 per square foot =
$224,278.80.
• It is found that the project is expected to cost approximately $19,500,000, and to
employ approximately 180 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 52 permanent new jobs
Page 2 of 6
Submitted Into the public
record in conr1ecti n with
item PZ• s on 51-Skoe
Priscilla A. Thompson
City Clerk
and will generate approximately $188,492 annually in tax revenues to the City (2005
dollars).
• It is found that the proposed project was reviewed by the Design Review Committee
on August 24, 2004, and then again after the Urban Development Review Board
meeting of December 15, 2004 and the following pertinent comments were made:
Architectural Design — (a) Consider exploring more variety in the colors for the
building facades, as exemplified in several of the works of art presented as
inspirations for the project's design. One area which would benefit greatly from
additional color treatment would be the area at the top of the building in the
northwest corner of the site. This area contains a large number of vertical elements,
which could feature a variety of color finishes to further accentuate this feature of the
building; (b) Consider a different architectural treatment for the office portion of the
building on Biscayne Boulevard, rather than the proposed continuous horizontal
bands. The committee finds the earlier solution to be more appropriate, where the
office portion was incorporated into the overall design of the facade; (c) The
horizontal articulation of the rooftop architectural elements seems to be superfluous.
Consider simplifying or removing some of the horizontal articulations at the roofline;
Urban Design -Confirm the loading dimensions and turning radius requirements
with the Public Works Department in order to verify the feasibility of the proposed
loading arrangement use of the alley to the south of the project.
• It is found that Miami -Dade Public Schools •rovided a revised review of the
project on,-�' ae C� �' .G' . proposed p j� �, The student population
generated by this development is estimated at f students. The schools servin•
this area of application are Eneida M. Hartner Elementary students) —
Florida Inventory School Houses FISH
Jose De Diego Middle (5 students
Senior High '! students
Capacity with the proposed project;
% FISH, and Booker T. Washington
Pursuant to the interlocal a • reement,..
meet the
review threshold of 115%. At an average of $5,833 per K-12 student, the total
annual operating cost for the additional students residing in this development, if
approved, would total e! rp�<��� Based on the State's October 2004
student station cost factors, capital costs for the estimated additional students to be
generated by the proposed development is
• It is found that the Large Scale Development Committee reviewed the project on
October 27, 2004 to address the expressed. technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that on November 5, 2004, the Miami -Dade Aviation Department provided
a review of the proposed project and found that it conforms to the Miami -Dade
County Height Ordinances.
• It is found that on December 21, 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 the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on December 15, 2004, which recommended
Approval (UDRB Reso. 12-15-04-1) with the following reasons: Soft condition — Look
Page 3 of 6
Submitted into the public
record in connection with
item pa.5 on 51941_ok.
Priscilla A. Thompson
City Clerk
to simplify the skyline. The horizontal articulation seems to be superfluous.
Consider simplifying or removing some of the horizontal articulations at the roofline.
• It is found that the proposed project was reviewed for a variance: (1) Required side
street yard — to allow a side street yard setback of 4'-01' (7'-6' required) by the Miami
Zoning Board at its meeting of February 14, 2005, Item No. 11, which
RECOMMENDED APPROVAL by a vote of eight to zero (8-0), requiring City
Commission approval.
• 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.
4. Obtain approval from, or provide a letter of assurance from the Department of
Solid Waste that the PROJECT has addressed ail 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,
Page 4of6
Submitted Into the public
record in connection with
item QZ• b' on 5 1slo�
Priscilla A. Thompson
City Clerk
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 b.uilding 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. Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) Explore more variety in the
colors for the building facades, as exemplified in several of the works of art
presented as inspirations for the project's design; (b) A different architectural
treatment is required for the office portion of the building on Biscayne
Boulevard, rather than the proposed continuous horizontal bands; (c) Simplify
or remove some of the horizontal articulations at the roofline as it seems to be
superfluous; (d) Confirm the loading dimensions and turning radius
requirements with the Public Works Department in order to verify the feasibility
of the proposed loading arrangement use of the alley to the south of the
project.
12. That the accompanying requested application for the Variance on this property
is approved by the City Commission.
13. A development bonus to permit a mixed use of 18,087 square feet of floor area
r ; require payment to the Affordable Housing Trust Fund of an amount
of $12.40 per square foot = $224,278.80.
Page 5 of 6
14. 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.
Submitted Into the public
record in connecti9n n with
item 1P2. G. on sia-51
Priscilla A. Thompson
City Clerk
Page 6 of 6
Analysis for Major Use Special Permit
for the
SoHo Project
located at approximately
601, 611, 613, and 615 NE 23rd Street
CASE NO. 2004-091
Submitted l nL) the public
record in conr ct ; n with
item ?2, s on 5 z5
Priscilla A. Thompson
City Clerk
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the SoHo project has been reviewed to allow a Major
Use Special Permit per Articles 9, 13 and 17, to construct a residential structure to be
comprised of approximately 95 total multifamily residential units with recreational ameni-
ties and approximately 142-total parking spaces.
This Permit also includes the following requests:
MUSP, per Article 17, for development of 95 residential units;
• MUSP, as per Article 9, Section 914, a development bonus of 17,277 square feet
of additional floor area, and to pay into the Affordable Housing Trust Fund an
amount of $12.40 per square foot = $152,234.80;
Variance, pursuant to the City of Miami Zoning Ordinance 11000, as amended,
Article 4, Section 401, Schedule of District Regulations, required front and side
street yard.
South Front Required
Proposed
Request to Waive
North Front Required
Proposed
Request to Waive
20 feet
5 feet
15 feet
20 feet
10 feet
10 feet
Note: variance requested for both street frontages
Variance, pursuant to the City of Miami Zoning Ordinance 11000, as amended,
Article 4, Section 401, Schedule of District Regulations, residential loading berth
required yard set back.
All residential loading berths shall be located away from base building line of the
proposed loading berth area at a distance equal to at least the length of the
required loading berth.
Required
Proposed
Requesting to Waive
20 feet
0 feet
20 feet
Page 1 of 6
b
Submitted Intl the public
record in connect n ith
item Pz.5 on S s5 or.
Priscilla A. Thompson
City Clerk
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow a
construction fence and covered walkway;
CLASS Il SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2, a
request to reduce four loading spaces from 12' x 35' and reduce to two 10' x 20'
loading spaces;
CLASS 11 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 II SPECIAL PERMIT, as per Article 15, Section 1512, to allow waiver of
parking guides and standards for required back up space from 23 feet to 22 feet;
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a
special event namely a ground breaking ceremony;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 918.2, to permit staging
and parking during construction;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a
construction trailer and watchman's quarters;
REQUEST for applicable MUSP conditions to be required at the time of .shell
permit instead of at issuance of foundation permit;
REQUEST that the following MUSP conditions be required at the time of Temporary
Certificate of Occupancy or Final Certificate of Occupancy instead of at the 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 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
east of Biscayne Boulevard at NE 23nd Street.
• It is found that the subject. property is located in the "Shorelawn" Plat within the
Edgewater neighborhood of the City.
Page 2 of 6
Sc yyx . $=; : i 1 to tio p ` C
record in c no ,t;on with
item PZ.S on s Cb
Priscilla A. Thompson
City Clerk
• It is found that the existing zoning designation for the property pursuant to the
Zoning Ordinance of the City of Miami, Florida is R-4 "Multi -Family High Density
Residential" with a SD-20 "Edgewater Overlay Zoning Districts".
• It is found that the proposed density of the project is 148 units per acre, which is
below the 150 units per acre maximum on the 0.64± net acre site.
• Pursuant to Article 9, Section 914, the proposed project is requesting a development
bonus of 17,277 square feet of additional floor area, and • shall pay into the
Affordable Housing Trust Fund an amount of $12.40 per square foot = $152,234.80.
• It is found that the proposed project was reviewed by the Design Review Committee
on May 18, 2004, and the following pertinent comments were made: (1) The
provision of townhouses fronting the street is a positive urban contribution of the
project. Entry from the second level, if necessary to comply with FEMA
requirements is acceptable; (2) The addition of windows above the garage entry on
NE 23`d St., and in the lower unoccupied levels beneath the townhouses, presents
an improved solution to the facade on this street; (3) Indicate the proposed materials
for the facades of the building, and clarify if the new openings on the NE 23111 St.
facade are windows, as they appear to be in the elevation drawings; (4) The revised
proportions of the garage openings are more vertical and residential in character
and are animprovement over the previous submittals; (5) It is critical that parked
cars be hidden from view. Provide details of the materials proposed to cover the
garage openings, and indicate how all vehicles will be concealed from view; and (6)
The revised landscaping plan presented is appropriate. The Planning and Zoning
Department's review resulted in design modifications that were then recommended
for approval to the Planning and Zoning Director.
• It is found that a review of the proposed project was provided by Miami -Dade Public
Schools on July 13, 2004. The student population generated by this development is
estimated at 21 students. The schools serving this area of application are Phillis
Wheatley Elementary = 61% FISH Capacity with the proposed project, Jose de
Diego Middle — 128% 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% and shall need to enter dialogue with the Miami -Dade School
District.
• It is found that the project was reviewed by the Large Scale Development Committee
on July 13, 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 July•21, 2004, which recommended approval
(UDRB Reso. 7-21-04-4) with the following conditions: The area above the garage
entry be re -studied to improve the fenestration and that it possibly be a useful space.
Whatever articulation is done on the facade, whatever changes that are done to the
plan go to staff and the staff review it with the idea that the opening should not be
remedial but serve a purpose or articulate the facade that in a way makes more
sense.
Page 3 of 6
Submitted Into the public
record in conned in with
item 1)2.5 on 5 sob
Priscilla A. Thompson.
City Clerk
• It is found that on September 17, 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 the proposed project was reviewed for two variances: (1) Required
front and side street yard — to allow a south front setback of 5'-0" (20'-0" required),
and a north front setback of 10'-0" (20'-0" required); and (2) Residential loading
berth required yard setback, to allow a yard setback of 0'-0" (20'-0" required) by the
Miami Zoning Board at its meeting of October 18, 2004, Item No. 6, which
RECOMMENDED DENIAL by a vote of five to four (5-4), requiring City Commission
approval.
• 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.
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
Minority/Women Business Affairs and Procurement Program as a guide.
Page 4 of 6
Submitted Ir-,1 {o,y, p, L:ic
record in connection with
item ?z. 5 on 5 5 ote
Priscilla A. Thompson
City Clerk
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 I 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 re-
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 the review of the Design Review Committee, the applicant shall
meet the following conditions: (a) Indicate the proposed materials for the fa-
cades of the building, and clarify if the new openings on the NE 23`d St. facade
are windows, as they appear to be in the elevation drawings; (b) It is critical
that parked cars be hidden from view. Provide details of the materials pro-
posed to cover the garage openings, and indicate how all vehicles will be con-
cealed from view; final solution shall be subject to review and approval by the
Planning Director prior to the issuance of a Building Permit.
12. Pursuant to the UDRB's and Planning and Zoning Department's review, the
applicant shall meet the following conditions: The area above the garage entry
shall be redesigned to improve the fenestration and if possible to be utilized as
liner; final solution shall be subject to review and approval by the Planning Di-
rector prior to the issuance of a Building Permit.
Page 5 of 6
Submitted into the public
record in ccn_ nection with
item ft-5 on 5'�-s'ot.,
Priscilla A. Tho pson
City Clerk
13. That the accompanying requested applications for the Variances for this prop-
erty are approved by the City Commission.
14. A development bonus to permit a mixed use of 17,277 square feet of floor area
will. require. payment to the Affordable Housing Trust Fund an amount of
$12.40 per square foot = $152,234.80 at the time of building permit.
15. 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.
16.
Page 6 of 6
Analysis for Major Use Special Permit
for
Soleil
located at approximately
3100 Biscayne Boulevard
Submitted Into the public
record in connection with
item P2.5 on 5\25 p�
Priscilla A. Thompson
City Cleft
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;
Page 1 of 5
-Submitted Into the public
record in connocUon with
item 17. S on as1 gsl oL
Priscilla A. Thompson
City Clerk
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 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
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 units (150
units per acre) on the 3.458i 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 - 1 35% Florida Inventory School
Page 2 of 5
Su"m;.t .-. d public
record in conr;ct.. n with
item pa s on s'ss1Dt,
Priscilla A. Thompson
City Clerk
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.
Page 3 of 5
Submitted the public
record in ccnne cton with
item Qz. s on Slys i otv
Priscilla A. Thompson
City Clerk
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.
Page 4 of 5
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.
Submitted Into the public
record in connection with
item Pz .s on Sias 10
Priscilla A. Thompson
City Clerk
Page 5 of 5
Analysis for Major Use Special Permit for the
Onyx Project
located at approximately 665 and 721 N.E. 25th Street, and
720 N.E. 26th Street.
CASE NO. 2003-0068
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Tuscan Place Project has been reviewed to allow a
Major Use Special Permit per Articles 5, 9, 13, and 17, to be comprised of a 27 story
residential building, which consist of 118 multifamily residential units, a seven story
parking garage consisting of approximately 170 total parking spaces, and recreational
amenities.
This Permit also includes the following requests:
MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by
twenty percent (20%), 23,423 square feet;
MUSP, as ,per Article 9, Section 914, a development bonus to permit an additional
35,134 square feet of floor area x $6.67 = $234,343.78 by contribution to the
Affordable Housing Trust Fund;
CLASS II, as per Article 6, Section 620.3.1, for a construction fence within the
SD-20 overlay district;
CLASS II, as per Article 6, Section 620.3.1, for development of new construction
within the SD-20 overlay district;
CLASS II, as per Article 9, Section 927, to allow temporary off -site parking
during construction;
CLASS II, as per Article 9, Section 922.1 and 923.2, a request to reduce one
loading space from 12x35 to 10x20;
CLASS II, request waiver of Parking Guides and Standards, to allow maneuvering
of loading on public right-of-way;
CLASS II, as per Article 9, Section 908.2 for access from a public street roadway
width greater than twenty-five (25) feet;
CLASS II, as per Article 15, Section 1511, for any development between
Biscayne Bay and the first dedicated right-of-way;
CLASS II, as per Article 6, Section 620.8, for approval of signage;
CLASS I, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
CLASS I, as per Article 9, Section 918.2, for parking and staging of construction
during construction;
CLASS I, as per Article 9, Section 918.2, for parking and staging of offsite
parking for construction crews;
CLASS I, as per Article 9, Section 906.6, for active recreational facilities
(including swimming pools);
CLASS I, as per Article 4, Section 401, to allow a fitness club open to the public;
Submitted Into the public
record in connection ith
item i'?. S an S a-s oG
Priscilla A. Thompson
City Clerk
Submitted Into the public
record in connection with
item P2.5 on 51.+5 o�
Priscilla A. Thobppson
CLASS I, as per Section 915.2 for FAA clearance letter;
City Clerk
CLASS I, as per Article 9, Section 917.1.2 to allow valet parking for residential
use;
CLASS I, as per Article 9, Section 920.1, to allow a construction trailer and
watchmen's quarters;
CLASS I, as per Article 9, Section 920.1, to allow a trailer for construction and
other temporary office uses such as leasing and sales;
CLASS I, as per Article 9, Section 906.9, to allow for a special event, namely a
groundbreaking ceremony;
REQUEST that the following MUSP conditions be required at the time of Temporary
Certificate of Occupancy or Final Certificate of Occupancy instead of at the 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 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 fmdings have
been made:
• It is found that the proposed development project will benefit the area by creating new
housing opportunities in the Edgewater NET District, adjacent to Biscayne Bay,
located at the end of 26th and 25th Street on Biscayne Bay.
• It is found that the subject property is located in the R-4 (Multifamily High Density
District) and in a SD-20 (Edgewater Overlay District) of the Wofford & Johnson's
Resubdivision Plat of Miami.
• It is found that the project has convenient access to the Metro Mover system at the
Omni Station, located approximately 11/2 miles south from the subject property, with
connections to the Metrorail Station, for efficient use of existing mass transit systems.
• It is found that the project was reviewed by the Large Scale Development Committee
and has been modified 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, which recommended approval with the following
conditions; parking garage shall be reconsidered if it does not provide the landscape
coverage specified in the illustrations as submitted in UDRB; and sidewalk material
shall be extended to continue across front and back of 25th Street, driveway, and ADA
access. The Planning and Zoning Department's review resulted in design
modifications which were then recommended for approval to the Planning and Zoning
Director.
• 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.
2. Pay contribution of $234,343.78 to the City of Miami Affordable Housing Trust
Fund for 35,134 square feet of increased development. *
(*this contribution is based on $6.67 per square foot of increased
development and shall be adjusted to the coefficient in place at the time of
payment.)
3. 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.
4. 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.
Submitted Into the public
record in connection with
item ---=on s .
Priscilla A. Thompson
City Clerk
5. 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.
6. 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.
7. Prior to the issuance of a shell permit, provide the City with an executed,
recordable 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 I Special Permits for which specific details have not yet been de-
veloped or provided, the applicant shall provide the Department of Planning and
Zoning with all subordinate Class I Special Permit plans and detailed require-
ments 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
and/or improvements listed in this development order or captioned in the plans
approved by it.
10. Pursuant to the UDRB's and Planning and Zoning Department's review, the
applicant shall meet the following conditions; parking garage shall be
reconsidered if it does not provide the landscape coverage specified in the
illustrations as submitted in UDRB; and sidewalk material shall be extended to
continue across front and back of 25th Street, driveway, and ADA access. The
Planning and Zoning Department's review resulted in design modifications which
were then recommended for approval to the Planning and Zoning Director.
Submitted Into the public'
record in connection w'th
item i?z.5 on 51as�oe
Priscilla A. Thompson
City Clerk
Submitted Into the Public
record in coni .
item ---
on
priscitta A. TCson
��y Cterlc
Analysis for Major Use Special Permit for the
Bay 25 Project
located at approximately 704-712 NE 25th Street.
CASE NO. 2002-0068
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Bay 25 Project has been reviewed to allow a Major
Use Special Permit.
This Permit also includes the following requests:
CLASS I SPECIAL PERMIT as per Article 9, Section 906.6, for active recrea-
tional facilities (including swimming pools);
CLASS I SPECIAL PERMIT as per Section 915.2 for FAA clearance letter;
CLASS I SPECIAL PERMIT to permit staging and parking during construction
(to be approved prior to obtaining a building permit from the Department of Plan-
ning and Zoning);
CLASS I SPECIAL PERMIT as per Article 9, Section 925.3.8, to allow develop-
ment/construction/ rental signage;
CLASS I SPECIAL PERMIT as per Article 9, Section 920.1, to allow a construc-
tion trailer and other temporary offices such as leasing and sales;
CLASS II SPECIAL PERMIT as per Article 4, Section 401, for development of
new construction within the SD-20 District;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for a temporary con-
struction fence and covered walkway.
CLASS II SPECIAL PERMIT as per Article 15, Section 1511, for any develop-
ment between Biscayne Bay and the first dedicated right-of-way;
CLASS II SPECIAL PERMIT to request a waiver of City of Miami Parking
Guides and Standards to reduce the required 23 ft. backup to 22 feet;
CLASS II SPECIAL PERMIT as per Section 908.2, for access from a public street
or roadway width greater than 25 feet;
Analysis for Major Use Special Permit
for
Platinum on the Bay
located at approximately
2955 NE 7 Avenue; 486 and 700 NE 29 Terrace; 555, 575 and 711 NE 29 Street
CASE NO. 2005-044
Submitted In:). the public
record in connection with
item PZ. 5 on S,as' o&
Priscilla A. Thompson
City Clerk
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Platinum on the Bay project (MU-2005-010) has
been reviewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, located
at approximately 2955 NE 7 Avenue; 486 and 700 NE 29 Terrace; 555, 575 and 711 NE
29 Street, Miami, Florida, to comprise of an approximate 589-foot, 56-story high residen-
tial structure to be comprised of approximately 320 total multifamily residential units with
recreational amenities; and approximately 587 total parking spaces; providing for certain
floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MUSP, as per Article 17 for development of 320 residential units;
MUSP, as per Article 17 for parking structures with approximately 587 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 72,310.25 sq. ft. at an amount of $12.40 for a total of
$896,647.10;
MUSP, as per Article 5, Section 502, PUD to increase 20% of the total floor area,
for a maximum of 57,843.23 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 II SPECIAL PERMIT, as per Article 6, Section 620.8, for signage
approval;
CLASS II SPECIAL PERMIT, as per Article 908.2 for access from a public street
roadway with driveway greater than twenty-five feet in width;
CLASS II 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 tl SPECIAL PERMIT, as per Article 9, Section 923.2.1, to reduce the size
of the loading bays from one (1) 12 x 55 to two (2) 12 x 35;
CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow for
temporary off -site parking during construction;
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 906.6, for active
recreational facilities (including swimming pools);
CLASS I SPECIAL PERMIT, as per Article 9, Section 917.1.2, to allow valet
parking for residential use;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and
staging of construction during construction;
Page 1 of 6
CLASS 1 SPECIAL PERMIT, as per Article 9, Section
construction trailer and watchman's quarters;
CLASS I SPECIAL PERMIT, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
920.1, to allow a
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.
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
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
on NE 29 Street and Biscayne Bay.
• It is found that the subject property is located in the "Broadmoor" Plat within the
Edgewater neighborhood of the City.
• It is found that the existing zoning designation for the property pursuant to the
Zoning Ordinance of the City of Miami, Florida is the R-4 "Multifamily High -Density
Residential" with SD-20 "Edgewater Overlay" Zoning District.
• It is found that the proposed project is not located on a Primary Pedestrian Pathway.
• It is found that the proposed density of the project (320 units at 120 units per acre) is
below the maximum 400 units (150 units per acre) on the 2.67± net acre site.
• Pursuant to Article 17, Section 914.1, the proposed project is requesting a
development bonus of 72,310.25 square feet of additional floor area, and shall pay
into the Affordable Housing Trust Fund at amount of $12.40 per square foot =
$896,647.10.
Page 2 of 6
Submitted Into ;he public}
record in Connection with
item 4P2.5 on 5\9 \o
Priscilla A. Thompson
City Clerk
Sub► �� s _ the public'
record in connection on with
item Pz•s on 512-5100.
Priscilla A. Thompson
City Clerk
• It is found that the project is expected to cost approximately $322,070,441, and to
employ approximately 292 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately nine (9) permanent new
jobs (FTE) and will generate approximately $1,629,120 annually in tax revenues to
the City (2005 dollars).
• It is found that the Large Scale Development Committee reviewed the project on
March 2, 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:
Contexf/Urban Design - (1) Thank you for providing the previously approved
Platinum project's plans, perspective and elevation drawings in this submittal, in
order for the committee to see the relationship between the two projects; (2)
Because the proposal has a large amount of gross lot area, including benefiting from
additional gross lot area because of its adjacency to Biscayne Bay, and the proposal
is requesting the maximum amount of FAR on the site, including a 20% increase for
a PUD bonus, and a 25% increase for the affordable housing bonus, the cumulative
effect of these conditions creates a tower which is out of scale within the context of
the Edgewater neighborhood. The height of the tower (58 floors and 589' tall),
although reduced from the previous submittal height of 736', is more appropriate for
the central downtown urban area and is unprecedented for the Edgewater area.
Consider reducing the tower height by spreading the building program more evenly
throughout the site; (3) The revised design of the ground floor units on the east and
north side of the garage in which the ground floor levels of the units are closer to the
street and baywaik elevation levels, is appropriate; (4) The removal of vehicular
driveways from NE 30th St. is appropriate; (5) The revised floor plans which include
the provision of building uses and a glass wall opposite the Platinum project is
appropriate; (6) The revised loading solution, in which loading bays are internalized
within the garage is appropriate; (7) The redesigned pedestrian entry to the project
on NE 29th St. is appropriate, as it better incorporates the handicapped ramp and
stairs into the entry terrace; Architecture - (1) The tower has an attractive
appearance through its form and variety; (2) The provision of the recessed walls with
landscaping in front is an appropriate treatment for the townhouse bases in order to
conceal the blank wall portions beneath the townhouse units; (3) The corrugated
metal panels on the lower portions of the garage are inappropriate. Propose a
different material treatment for the lower garage portions; Landscaping - (1)
Provide details on the proposed planting treatment and plant species to be uses in
covering the garage elevations; (2) Landscaping and paving issues will be reviewed
further as the project progresses through the preliminary design phase. 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 14, 2005, the Miami -Dade Aviation Department provided a
Height Analysis review of the proposed project and found that it does not exceed the
obstruction standards established by the Miami -Dade County Height Ordinance for
Miami International Airport.
Page 3 of 6
Subm;ats!ri ,.., :he public
record in connection with
item 'PZ• s on sjssl o1.
Priscilla A. Thompson
City Clerk
• It is found that on March 14, 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 the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on March 16, 2005, which recommended
Approval (UDRB Reso. 3-16-05-9) with one condition: Provide ground floor uses
along the garage at the first floor on NE 29 Terrace.
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on May 13, 2005. The student population generated by this
development is estimated at 70 students. The schools serving this area of
application are Eneida M. Hartner Elementary (32 students) — 117% Florida
Inventory School Houses (FISH) Capacity with the proposed project; Jose De Diego
Middle (18 students) — 115% FISH; and Booker T. Washington Senior High (20
students) - 58% FISH. Pursuant to the interlocal agreement, Eneida M. Hartner
Elementary and Jose De Diego Middle schools meet 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 $458,430.
Based on the State's May 2005 student station cost factors, capital costs for the
estimated additional students to be generated by the proposed development is
$1,124,000.
• 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.
Page 4 of 6
Submitted Into the public
record in connection with
item P2•S on
Priscilla A. Thompson
- — City Clerk
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. Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) A different material treatment
shall be provided for the lower garage portions instead of the corrugated metal
panels; and (b) Provide details on the proposed planting treatment and plant
Page 5 of 6
species to be uses in covering the garage elevations. (c) A final landscape plan
shall be submitted for review and approval of the Planning Director prior to the
issuance of a building permit.
12. A development bonus to permit a mixed use of 72,310.25 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount
of $12.40 per square foot = $896,647.10.
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.
'Submitted Into the public
record in connection with
item Pet- s on ,s o
Priscilla A. Thompson
City Clerk
Page 6 of 6
•
Analysis for Major Use Special Permit for the
Gallery Art Condominium Project
located at approximately
317-333 NE 24th Street and 402 NE 25th Street
CASE NO. 2004-068
Submitted into the public
record in connection w th
item _on Do
Priscilla A. Tho pson
City Clerk
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Gallery Art Condominium Project has been re-
viewed to allow a Major Use Special Permit per Articles 5, 9, 13 and 17, to construct a
199-foot, 17-story high mixed use structure to be comprised of 164 total multifamily
residential units, seven office live/work units, and 208 total parking spaces.
This Permit also includes the following requests:
Per City Code, Chapter 36, Construction Equipment, request for waiver of noise
ordinance while under construction for continuous pours;
MUSP, as per Article 5, Section 502, PUD district, to increase the floor area by
twenty percent, 25,568 square feet.
MUSP, as per Article 9, Section 914, a development bonus to permit a mixed
use of 38,352.80 square feet of floor area will be paid to the Affordable Housing
Trust Fund at the applicable rate at time of permitting;
CLASS II, as per Article 4, Section 401, to allow a construction fence and
covered walkway;
CLASS II, as per Article 10, Section 10.1, for approval of signage;
CLASS 11, as per Article 9, Section 927, to allow temporary off -site parking during
construction;
CLASS II, as per Article 9, Section 908.2 for access from a public street roadway
width greater than 25 feet;
CLASS 1, as per Article 9, Section 906.9, to allow for a special event namely a
ground breaking ceremony;
CLASS I, as per Article 9, Section 906.6, for active recreational facilities
(including swimming pools);
CLASS I, as per Article 9, Section 918.2, to permit staging and parking during
construction (to be approved prior to obtaining a building permit from the
Department of Planning and Zoning);
CLASS 1, as per Article 9, Section 917.1.2 to allow valet parking for residential
use;
CLASS I, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
CLASS I, as per Article 9, Section 920.1, to allow a construction trailer and
watchman's quarters;
CLASS I, as pre Article 9, Section 920.1, to allow a trailer(s) for construction and
other temporary offices such as leasing and sales;
REQUEST for applicable MUSP conditions to be required at the time of shell
permit instead of at issuance of foundation permit;
Page 1 of 5
Submitted Into the public
record in connection with
item Pe ,5 on ei" o�
Priscilla A. Thompson
City Clerk
REQUEST that the following MUSP conditions be required at the time of Temporary
Certificate of Occupancy or Final Certificate of Occupancy instead of at the 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 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
new residential opportunities in the Wynwood/Edgewater NET District, located at
Biscayne Boulevard between and NE 24`" and NE 25th Streets.
• It is found that the subject property is located in the "Dagher Village", "Edgewater"
and "Bird's" 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 R-4 "Multifamily High Density", C-
1 "Restricted Commercial" and SD-20 "Edgewater Overlay District" and the Miami
Comprehensive Neighborhood future land use designation for the property is
Multifamily High Density and Restricted Commercial.
• It is found that the proposed density of the project is 150 units per acre, which is
below the maximum 192 units per acre permitted for the 1.28± net acre site.
• It is found that the proposed project was reviewed by the Design Review Committee
on March 30, 2004, and the following pertinent comments were made: The fact that
your project provides a set back from the existing historically designated building
(Gold Coast Pharmacy) to the west on Biscayne Boulevard is a positive contribution
of the project; The Design Review Committee compliments the architects on the at-
tempt to create an artistic solution to conceal the necessary garage on the east and
west elevations, as the committee has been encouraging applicants to develop crea-
tive design solutions for the garage components of building projects; Indicate what
the proposed slope of the garage ramp is (dimensions are shown, but no slope per-
centages), and confirm with Public Works Department as to whether cars will be
able to park on this angle of slope; The fact that the loading bays are contained
within the garage is a good solution. However, confirm with Public Works about the
feasibility of loading vehicles accessing the loading berths within the garage; Provide
a landscaping plan indicating species of all trees and shrubs proposed for the pro -
Page 2 of 5
Submitted Into the public
record in conne ct'on with
item QZ-5 an 5�
Priscilla A. Thompson
City Clerk
ject and sizes at the time of planting, once this plan has been further developed;
Provide a continuous canopy of shade trees to provide shade for pedestrians along
NE 25th St. as well as NE 24th St. These shade trees shall be aligned close to the
edge of the curb in the public right of way (at no greater than 33' on center) to pro-
vide a buffer for pedestrians from vehicular traffic. Palm trees may be utilized peri-
odically as an architectural accent to the architecture of the building.
• It is found that the project was reviewed by the Large Scale Development Committee
on May 10, 2004 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that a review of the proposed project was provided by Miami -Dade Public
Schools in May 10, 2004, which stated that the requirements of the interlocal
agreement for school facility planning are not triggered since the applicant is not
requesting additional residential density over what is currently allowed the existing
zoning classification. Pursuant to the interlocal agreement, the schools serving this
area of application (Phillis Wheatley Elementary - 60% FISH Capacity, Jose De
Diego Middle — 113% FISH, and Booker T. Washington High — 60% FISH) do not
meet the review threshold.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on May 19, 2004, which recommended approval
(UDRB Reso. 5-19-04-3) with the following conditions: Apply more landscape
between the historic building to the west and the parking facade; Provide paving
material for the surface parking lot between the historic building and the drop off
area. The Planning and Zoning Department's review resulted in design modifications
that were then recommended for approval to the Planning and Zoning Director.
• It is found that on July 7, 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 not sufficient.
• It is found that the proposed project is not located in an Archeological Conservation
area and is not required to undergo Historic and Environmental Preservation Board
(HEPB) review.
• 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.
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
Page 3 of 5
Submitted Into the public'
record in connection with
item in .5- on 5 a5 of.
Priscilla A. 1 ho npson
City Clerk
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 iife 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. 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 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.
7. 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.
8. 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 Department of Planning
and Zoning with all subordinate Class I Special Permit plans and detailed re-
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.
8. 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.
Page 4 of 5
•
•
10. Pursuant to the review of the Design Review Committee, the applicant shall
meet the following conditions: Provide a landscaping plan indicating species of
all trees and shrubs proposed for the project and sizes at the time of planting,
once this plan has been further developed; Provide a continuous canopy of
shade trees to provide shade for pedestrians along NE 25th St. as well as NE
24th St. These shade trees shall be aligned close to the edge of the curb in the
public right of way (at no greater than 33' on center) to provide a buffer for pe-
destrians from vehicular traffic. Palm trees may be utilized periodically as an
architectural accent to the architecture of the buiiding.
11. Pursuant to the UDRB's and Planning and Zoning Department's review, the
applicant shall meet the following conditions: Apply more landscape between
the historic building to the west and the parking facade; Provide paving mate-
rial for the surface parking lot between the historic building and the drop off
area.
12. Pursuant to the Traffic Impact Analysis Review, the applicant is strongly en-
couraged to continue working with the City's Traffic Consultant to resolve all
outstanding Traffic Analysis issues prior to being heard by the City Commis-
sion.
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.
Submitted Ir t -; public
record in cone€con with
item jt,_on 5 as tic.
Priscilla A. Thompson
City Clerk
Page 5 of 5
Analysis for Major Use Special Permit
for
Park Lane Tower
located at approximately
345 NE 32 Street
CASE NO. 2005-034
Submitted Into the public
record In connection with
item Pz. s on s
Priscilla A. Thomp on
City Clerk
0
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Park Lane Tower project has been reviewed to allow a
Major Use Special Permit per Articles 5, 9, 13 and 17, located at approximately 345 NE
32 Street, Miami, Florida, to comprise of a 437-foot, 33-story high mixed use structure to
be comprised of approximately 143 total multifamily residential units with recreational
amenities; approximately 19,839 sq. ft. of office space; approximately 16,310 square
feet of retail and restaurant space; and approximately 342 total parking spaces, includ-
ing tandem spaces; providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
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 49,442 sq. ft. at an amount of $12.40 for a total of
$613,080.80;
MUSP, as per Article 5 and Section 502, PUD to increase 20% of the total floor
area, for a maximum of 39,554 square feet of bonus;
CLASS ll 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 4, Section 401, to allow for outdoor
eating areas;
CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
CLASS II SPECIAL PERMIT, as per Article 6, Section 620.3, for temporary
construction fence and covered walkway;
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. Request to waive one
(1) foot;
CLASS II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2, a
request to reduce loading spaces(s) from one (1) 12' x 55' for two (2) 12' x 35';
CLASS 1 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 917.1.2 to allow valet
parking for 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 I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
Page 1 of 6
Submitted Into the public
record in connection with
item P2.s an 5
Priscilla A. Thc:mp ion
City Clerk
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;
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
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 corner of NE 32 Street and Biscayne Boulevard.
• It is found that the subject property is located in the "Beverly Terrace" and "Elwood
Court" Plats within the Edgewater neighborhood of the City.
• It is found that the existing zoning designation for the property pursuant to the
Zoning Ordinance of the City of Miami, Florida is the C-1 "Restricted Commercial"
with SD-20 "Edgewater Overlay" and SD-20.1 "Biscayne Boulevard Edgewater
Overlay" Zoning District.
• It is found that the proposed density of the project (143 units at 100 units per acre) is
below the maximum 216 units (150 units per acre) on the 1.44± net acre site.
• It is found that the proposed project is not located within an Archeological
Conservation area and is therefore not subject to a Certificate of Appropriateness for
any ground disturbing activity within the designated area.
Page 2 of 6
Submitted into the public
record in connection with
item 'P2.5 On � '��Oto
Priscilla A. Thompson
City Clerk
• Pursuant to Article 17, Section 914.1, the proposed project is requesting a
development bonus of 49,442 square feet of additional floor area, and shall pay into
the Affordable Housing Trust Fund an amount of $12.40 per square foot =
$613,080.80.
• It is found that the project is expected to cost approximately $140,710,458, 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
and will generate approximately $721,371 annually in tax revenues to the City (2005
dollars).
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on January 14, 2005. The student population generated by this
development is estimated at 28 students. The schools serving this area of
application are Eneida M. Hartner Elementary (13 students) — 115% Florida
Inventory School Houses (FISH) Capacity with the proposed project; Jose De Diego
Middle (7 students) — 114% FISH; and Booker T. Washington Senior High (8
students) - 58% FISH. Pursuant to the interlocal agreement, none of the schools
meet the review threshold of 115%. At an average of $5,833 per K-12 student, the
total annual operating cost for the additional students residing in this development, if
approved, would total $163,324. Based on the State's January 2005 student station
cost factors, capital costs for the estimated additional students to be generated by
the proposed development is $447,056.
• It is found that on January 25, 2005, the Miami -Dade Aviation Department provided
a review of the proposed project and found that it conforms to the Miami -Dade
County Height Zoning Ordinances.
• It is found that the Large Scale Development Committee reviewed the project on
February 1, 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 Design Review Committee
on January 11, 2005 and the following pertinent comments were made:
Context/Urban Design — (1) The committee appreciates the submittal of the project
renderings, survey and aerial photographs, in order to understand the project's
relationship to its surroundings; (2) The revised location of the urban plaza on
Biscayne Boulevard is appropriate. The new location of the plaza at the northwest
corner of the block creates an appropriate urban response to the open spaces at the
northwest and southwest corners of Biscayne Boulevard and NE 33rd St; (3) It is
inappropriate to provide exposed garage elevations within the main tower feature of
the building on NE 4th Ave. Consider removing the parking spaces on the east side
of the garage, which face the plaza spaces to the north and south of the lobby.
Provide residential units within these spaces, which would be adjacent to the core
and adjacent to the elevator vestibule lobby within the current building configuration;
(4) Consider revising the appearance of the garage portion of the elevations on NE
32nd St. and NE 33rd St. Provide an artistic solution involving architectural
articulation, other than the continuous metal mesh proposed; (5) The revised garage
vehicular access is appropriate, as the curb cut is of minimum width, and all loading
maneuvering has been located within the garage. However, indicate the turning
paths of the loading vehicles in the plan and confirm with the Public Works that the
Page 3 of 6
Submitted Into the public
record in connecti n,,,, ith
item ?Z.5 on S "i- to
Priscilla A. Thompson
City Clerk
solution is acceptable per required turning templates; (6) Consider making the
vehicular dropoff point on NE 4th Ave. narrower in width and more compact (shift
vehicular entry points away from the north and south corners of the block). This
vehicular entry shall be designed such that vehicles rise to the pedestrian level, and
shall provided with a plaza -like character through the use of a consistent,
recognizable paving pattern across the vehicular and pedestrian area. The vehicle
and pedestrian areas may be separated through the use of bollards; Architecture —
(1) The tower form and design is appropriate, through its innovative massing, floor
plan and use of continuous glass and terraces; (2) The use of continuous glass for
the retail and office portions of the facade is appropriate; (3) Provide elevation
drawing details, showing all of the building's elevations at the street level, at a scale
no less than 1/8"=1, in order for the committee to review the building's impact on the
pedestrian realm; Zoning Data - There is no zoning data sheet included in this
submittal. Please submit the Zoning tabulation sheet in order for the Planning and
Zoning Departments to be able to complete their reviews of the proposal. The
Planning Department's review resulted in design modifications that were then
recommended for approval to the Planning Director.
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on February 16, 2005, which recommended
Approval (UDRB Reso. 2-16-05-1) with the following condition: The garage
screening is not appropriate and appears long horizontal and monolithic. Redesign
this element with a different composition.
• It is found that on February 21, 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.
Page 4 of 6
Submitted Into the public
record in connce'c 1 With
item P Z- S on 61>s ,
Priscilla A. Thompson
_ City Clerk
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 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
Page 5 of 6
not developed, said plan shall include a proposed timetable and shall be sub-
ject to review and approval by the Planning Director.
11. Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following conditions: Remove the parking spaces on
the east side of the garage, which face the plaza spaces to the north and south
of the lobby, and provide residential units within these spaces.
12. That corrections on the Zoning Data Table reflecting FAR calculations shall be
made prior to being heard by the City Commission.
13. A development bonus to permit a mixed use of 49,442 square feet of floor area
shall require payment to the Affordable Housing Trust Fund of an amount of
$12.40 per square foot = $613,080.80.
14. 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.
Submitted into the public
record in connection with
item on
Priscilla A. Thompson
City Clerk
Page 6 of 6
Submitted Into the public'
record in connection ith
item PZ.S l� s�?rIf
Priscilla A. Thompson
City Clerk
ANALYSIS
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
for
THE BOULEVARD
located at approximately
234-272 NE 34th Street
CASE NO. 2005-074
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for The Boulevard project (MU-2005-025) has been re-
viewed to allow a Substantial Modification to a Major Use Special Permit per Articles 5,
6, 9, 13, 17 and 22, located at approximately 234-272 NE 34th Street, Miami, Florida, to
allow a change in the application from a 17-story mixed use structure consisting of 114
total multifamily residential units with approximately 12,900 square feet of commercial
use, and 194 total parking spaces to an approximate 169-foot, 15-story mixed use struc-
ture consisting of approximately 127 total multifamily residential units with approximately
13,233 square feet of retail, and approximately 196 total parking spaces; providing for
certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MUSP, as per Article 17 for development of 127 residential units;
MUSP, as per Article 17 for parking of approximately 196 parking spaces;
MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by
twenty percent, 20,760 square feet;
MUSP, as per Article 9, Section 914 to permit additional floor area ratio as a
bonus through developer contribution to the Affordable Housing Trust Fund.
Requesting and additional 25,950 sq. ft. at an amount of $12.40 per square foot
for a total of $321,780.00;
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 II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 6, Section 620, for development of
new construction within the SD-20 and SD-20.1 Districts.
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow construction
fence and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor
eating areas and outdoor cafes;
CLASS II 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;
Page 1 of 6
Submitted into the public
record in cola::=:.:`.-,f with
item `Pt•S cs :5.1,70 o
Priscilla Tip +
City Clerk
CLASS II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2 a request
to reduce (2) of the (3) required loading berths from 12 x 35 to request (1) 10 x
20 and the second (1) 10 x 20;
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per Article 9,
event namely a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per Article 9,
parking;
CLASS I SPECIAL PERMIT, as per Article 9,
for construction other temporary offices such
CLASS I SPECIAL PERMIT, as per Article 9,
staging of construction during construction;
CLASS I SPECIAL PERMIT, as per Article 9,
construction trailer and watchman's quarters;
Section 906.9, to allow for a special
Section 917.1.2, to permit valet
Section 920.1, to allow a trailer (s)
as leasing and sales;
Section 904, for parking and
Section 920.1, to allow a
REQUEST for applicable MUSP conditions to be satisfied 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 5, 6, 9, 13, 17 and 22 of Zoning Ordinance 11000, approval
of the requested Substantial Modification to a 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
new residential and commercial opportunities in the Wynwood/Edgewater District,
located at Biscayne Boulevard and NE 34th Street.
• It is found that the subject property is located in the "Amended Plat of Beverly" Plat
within the Edgewater neighborhood of the City.
• It is found that the existing zoning designation for the property pursuant to the Zoning
Ordinance of the City of Miami, Florida is C-1 "Restricted Commercial" with an SD-20
"Edgewater Overlay District" and SD-20.1 "Biscayne Boulevard Edgewater Overlay
District".
Page 2of6
Submitted Into 5 public
Y6��C'.A S b"�'._i 6W'��!
record in c i ol�,,. ,.._•. , with
item -+-`''�'c r 512.0*.
Prlsctlla A.
City Clerk
• 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 "Restricted
Commercial".
• It is found that the residential density of the project (127 units at 150 units per acre)
is at the maximum density permitted (150 units per acre) on the 0.85± net acre site.
• Pursuant to Article 9, Section 914, the proposed project is requesting a development
bonus of 25,950 square feet of additional floor area, and shall pay into the Affordable
Housing Trust Fund at amount of $12.40 per square foot = $321,780.00.
• It is found that the project is expected to cost approximately $37,200,000, and to
employ approximately 303 workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 17 permanent new jobs
(FTE) and will generate approximately $517,267 annually in tax revenues to the City
(2005 dollars).
• It is found that the proposed project was reviewed by the Internal Design Review
Committee on May 31, 2005. and the following pertinent comments were made:
Landscaping/Streetscapes - The proposed landscape plan is appropriate. Per our
discussion, please submit a landscape plan that specifies the species (common and
botanical names), sizes (height x spread and/or container size) at time of planting,
quantities, and proposed locations of all plant materials, existing and proposed. The
landscape plan shall include planting details and planting specifications; The
Planning Department's review resulted in design modifications that were then
recommended for approval to the Planning Director.
• It is found that on June 7, 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
7460-1, "Notice of Proposed Construction Alteration for Determination of Known
Hazards". In addition, construction cranes for this project exceeding 200 feet in
height must be filed using the same form.
• It is found that on June 7, 2005, the City of Miami Public Works Department provided
a review of the project and commented that the applicant shall construct sidewalk to
the property line and grade on both sides of the street for the entire block. Replace
damaged curb and gutter and mill and resurface the full right of way width (both
sides of the street) between Biscayne Boulevard and NE 2 Avenue. Adjust existing
storm water drainage system as required.
• It is found that the Large Scale Development Committee reviewed the project on
June 15, 2005 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that on June 16, 2005, the City's Traffic Consultant, URS Corp., provided
a review (W.O. #110) of the Traffic Impact Analysis submitted by the applicant and
has found the traffic analysis sufficient.
Page 3 of 6
Submitted Into the public
record in nnccU n viith
item PI on 51.3,qote
Priscilla A. Thompson
City Clerk
• It is found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board on July 20, 2005, which recommended Approval
(UDRB Reso. 7-20-05-8).
• It is found that Miami -Dade Public Schools provided a revised review of the
proposed project on August 17, 2005. The student population generated by this
development is estimated at 34 students. The schools serving this area of
application are Eneida M. Hartner Elementary (16 students) — 120% Florida
Inventory School Houses (FISH) Capacity with the proposed project; Jose de Diego
Middle (9 students) — 101% FISH; and Booker T. Washington Senior High (9
students) - 69% FISH. Pursuant to the interlocal agreement, only Eneida M. Hartner
Elementary 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 $222,666. Based on the State's April 2005
student station cost factors, capital costs for the estimated additional students to be
generated by the proposed development is $544,037.
• 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 budding 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 re-
sponsibility, 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 Con-
tractor/Subcontractor Participation Plan) submitted to the City as part of the Application
for Development Approval, with the understanding that the APPLICANT must use its
Page 4of6
y� tb c 1 ..,e , ] _..S .�-�lbc
Submitted , ._ � .. J �.
record in con: i :atDVI With
item PC.s on sA?slog
Priscilla A. Thompson
----- City Cleric
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 man-
datory 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 in-
cludes 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 ap-
proval 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 com-
pliance with the provisions of the submitted construction plan; failure to comply may lead
to a suspension or revocation of this Substantial Modification to a Major Use Special
Permit.
9) In so far as this Substantial Modification to a Major Use Special Permit in-
cludes 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 subordinate
approvals required in order to carry out any of the requested activities and/or improve-
ments 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 in-
terim plan, including a landscape plan, which addresses design details for the land oc-
cupying future phases of this Project in the event that the future phases are not devel-
oped, said plan shall include a proposed timetable and shall be subject to review and
approval by the Planning Director.
11) Pursuant to design related comments received by the Planning Director, the
applicant shall meet the following condition: A final landscape plan shall be submitted
for review and approval of the Planning Director prior to the issuance of a building per-
mit.
12) Pursuant to comments by the City of Miami Public Works Department, the
applicant shall construct sidewalk to the property line and grade on both sides of the
street for the entire block. Replace damaged curb and gutter and mill and resurface the
full right of way width (both sides of the street) between Biscayne Boulevard and NE 2
Avenue. Adjust existing storm water drainage system as required.
13) A development bonus to permit a mixed use of 25,950 square feet of floor
area shall require payment to the Affordable Housing Trust Fund of an amount of $12.40
per square foot = $321,780.00.
Page 5 of 6
14) 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.
Submit;::.`i Q, public
record i i'`9_ : , _;,r with
item Pz.5 cn
-.41k Priscilla A. Thompson
City Clerk
Page 6of6
Analysis
421-455 NE
for Major Use Special Permit for the
The Onyx 2 Project
located at approximately
28th Street and 460-462 NE 28th Street
CASE NO. 2004-072
Submitted Into the public
record in connection with
item Ft-5 on 5
Priscilla A. Thdmpson
City Clerk
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for The Onyx 2 Project has been reviewed to allow a Ma-
jor Use Special Permit per Articles 5, 9, 13 and 17, to construct a 543-foot, 49-story high
mixed use structure to be comprised of 117 total multifamily residential units, and 163
total parking spaces.
This Permit also includes the following requests:
Per City Code, Chapter 36, Construction Equipment, request for waiver of noise
ordinance while under construction for continuous pours:
MUSP, as per Article 5, Section 502, PUD District, to increase the floor area by
twenty percent, 30,677.9 square feet;
MUSP, as per Article 9, Section 914, a development bonus to permit a mixed use
of 46,016.9 square feet of floor area will be paid to the Affordable Housing Trust
Fund at the applicable rate at time of permitting;
SPECIAL EXCEPTION PERMIT, as per City of Miami Zoning Ordinance 11000,
amended, as per Article 9, Section 915.2, for FAA Clearance letter;
VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended,
Article 4, Section 401, Schedule of District Regulations, required side street yard;
Required 15 side street yard setback (SW 15 Street)
Proposed 0
Request to waive side street yard setback
CLASS II, as per Article 4, Section 401, to allow a construction fence and
covered walkway;
CLASS I1, as per Article 6, Section 620.3.1, for development of new construction
within the SD-20 Overlay District;
CLASS II, as per Article 6, Section 620.8, for approval of signage;
CLASS II, as per Article 9, Section 927, to allow temporary off -site parking during
construction;
CLASS II, as per Article 9, Section 922.4, maneuvering of trucks on public right
of way;
CLASS II, as per Parking Guides and Standards, to reduce the required 23 feet
backup dimension to 21' 2"
CLASS II, as per Article 9, Section 908.2 for access from a public street roadway
width greater than twenty-five feet;
CLASS I, as per Article 9, Section 906.9, to allow for a special event namely a
ground breaking ceremony;
CLASS I, as per Article 9, Section 906.6, for active recreational facilities
(including swimming pools);
CLASS I, as per Article 9, Section 918.2, to permit staging and parking during
construction (to be approved prior to obtaining a building permit from the
Department of Planning and Zoning);
Page 1 of 6
Submitted Into the pub
record in connection w
item P2 5 on s �s u
Priscilla A. Th mp;
CLASS I, as per Article 9, Section 917.1.2 to allow valet parking for residential " ,. City CII
use;
CLASS I, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
CLASS I, as per Article 9, Section 920.1, to allow a construction trailer and
watchman's quarters;
CLASS I, as pre Article 9, Section 920.1, to allow a trailer(s) for construction and
other temporary offices such as leasing and sales;
REQUEST for applicable MUSP conditions to be required at the time of shell
permit instead of at issuance of foundation permit;
REQUEST that the following MUSP conditions be required at the time of Temporary
Certificate of Occupancy or Final Certificate of Occupancy instead of at the 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 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
new residential opportunities in the Wynwood/Edgewater NET District, located east
of Biscayne Boulevard on NE 28th Street.
• It is found that the subject property is located in the "Bankers Park" Plat 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 R-4 "Multifamily High Density
Residential District" and SD-20 "Edgewater Overlay District".
• It is found that the proposed density of the project is 100 units per acre, which is
below the maximum 150 units per acre permitted for the 1.17t net acre site.
• It is found that within the project site is the location of the historic Alonzo Bliss Jr.
house at 455 NE 28th Street (constructed c. 1916) which exemplified the bungalow
style architecture, prominent in Miami in the early 20th century. The developer shall
create a waterfront passive park on the site to be named "Bliss Park".
Page 2 of 6
Submitted Into the public
record in connection with
item rz- cn 3 ys or,
Priscilla A. Th.rnpson
City Clerk
• It is found that the proposed project was reviewed by the Design Review Committee
on March 23, 2004, and the following pertinent comments were made: Because the
proposal has a large amount of gross lot area, including benefiting from additional
gross lot area because of its adjacency to Biscayne Bay, and the proposal is re-
questing the maximum amount of FAR on the site, including a 20% increase for a
PUD bonus, and a 25% increase for the affordable housing bonus, and the project
proposes transferring all of the F.A.R. from the southern parcel onto the northern
parcel, the cumulative effect of these conditions creates a building which is out of
scale within the context of the neighborhood and the small street on which it is situ-
ated; Although other large scale development is occurring within the Edgewater dis-
trict, the proposed 50-story height is inappropriate directly adjacent to the small scale
residential development on this block. Most of the taller proposals in this area have
larger sites to place the building footprint on, while proposals which are only one lot
deep, such as this case, tend not to exceed 20 stories in height. In addition, the
eight -story garage will tower over the surrounding smaller buildings on the adjacent
streets and is inappropriate; Consider revising the scheme of the project by not in-
cluding the proposed F.A.R. bonuses, and/or by providing two smaller towers on the
parcels on each side of NE 28'h St. This will provide a more appropriately scaled
project and will provide an opportunity to create a great street section by designing
buildings on each side of the street; Combine the circular vehicular turnaround within
the southern parcel of the property with the vehicular drop-off in the northern parcel
in order to reduce the amount of vehicular circulation in the site. Consider providing
one circular drop off on axis with the end of NE 28'h St., in line with the proposed
pergola; The west and north portions of the garage which are visible from abutting
properties need to be addressed. These facades shall be articulated so that vehicles
are completely hidden from public view, and shall appear Tess garage -like in appear-
ance. Consider continuing the pattern of window and balcony openings from the rest
of the facade on this area so that the garage becomes integrated into the framework
of the design; Provide a tree survey and a tree disposition plan indicating which trees
are to remain, be removed or be relocated. The tree disposition plan shall illustrate
the location of any overhead or underground utilities, the location of the proposed
new construction, and the new locations of existing trees to be relocated on site;
Provide a continuous canopy of shade trees to provide shade for pedestrians along
NE 28`h St. These shade trees shall be aligned close to the edge of the curb in the
public right of way (at no greater than 33' on center) to provide a buffer for pedestri-
ans from vehicular traffic. Palm trees may be utilized periodically as an architectural
accent to the architecture of the building; The proposed bayfront walk with the dou-
ble rows of palm trees is a positive contribution and public amenity for this location.
• It is found that the project was reviewed by the Large Scale Development Committee
on May 11, 2004 to address the expressed technical concerns raised at said Large
Scale Development Committee meeting.
• It is found that a review of the proposed project was provided by Miami -Dade Public
Schools on May 11, 2004, which stated that the requirements of the interlocal
agreement for school facility planning are not triggered since the applicant is not
requesting additional residential density over what is currently allowed the existing
zoning classification. The student population generated by this development is
estimated at 26 students. Pursuant to the interlocal agreement, the schools serving
this area of application (Phillis Wheatley Elementary - 60% FISH Capacity with the
proposed project, Jose De Diego Middle — 113% FISH, and Booker T. Washington
High (60% FISH) does not meet the review threshold of 115%.
Page 3 of 6
Subs" public3
recora .. ..:. i with
item PZ.5 on S. yslot*
iscilla A. Thompson
City Clerk
• It is found that the proposed project was reviewed for design appret4atettiest by the
Urban Development Review Board on May 19, 2004, which recommended approval
(UDRB Reso. 5-19-04-2) with the following conditions: Work with staff to articulate
the north facade of the parking podium applying a stucco finish, and precast
concrete in a way that both materials can be expressed; Work with staff to reduce
the traffic circle for the firetruck access; Work with staff to insure that the private
park/memorial will be properly maintained. The Planning and Zoning Department's
review resulted in design modifications that were then recommended for approval to
the Planning and Zoning Director.
• It is found that the proposed project was reviewed for a Side Street Setback
Variance application by the Miami Zoning Board at its meeting of July 26, 2004, Item
No. 10, and RECOMMENDED approval by a vote of six to two (6-2), requiring City
Commission approval.
• It is found that on June 2, 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 not sufficient.
• It is found that the proposed project is not located in an Archeological Conservation
area and is not required to undergo Historic and Environmental Preservation Board
(HEPB) review.
• 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.
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.
Page 4 of 6
Submitted Into the public, -
record in connection with
item rz.5 on s-
0
Priscilla A. Thomp on
City CJer a
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. 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 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.
7. 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.
8. 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 Department of Planning
and Zoning with all subordinate Class I Special Permit plans and detailed re-
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.
9. 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.
10. Pursuant to the review of the Design Review Committee, the applicant shall
meet the following conditions: (a) Combine the circular vehicular turnaround
within the southern parcel of the property with the vehicular drop-off in the
northern parcel in order to reduce the amount of vehicular circulation in the site;
(b) The west and north facades of the garage which are visible from abutting
properties shall be articulated so that vehicles are completely hidden from pub-
lic view, and shall appear less garage -like in appearance. Consider continuing
the pattern of window and balcony openings from the rest of the fa9ade on this
area so that the garage becomes integrated into the framework of the design;
(c) Provide a tree survey and a tree disposition plan indicating which trees are
to remain, be removed or be relocated. The tree disposition plan shall illustrate
the location of any overhead or underground utilities, the location of the pro-
posed new construction, and the new locations of existing trees to be relocated
on site; (d) Provide a continuous canopy of shade trees to provide shade for
Page 5 of 6
pedestrians along NE 28th St. These shade trees shall be aligned close to the
edge of the curb in the public right of way (at no greater than 33' on center) to
provide a buffer for pedestrians from vehicular traffic. Palm trees may be util-
ized periodically as an architectural accent to the architecture of the building
11. Pursuant to the UDRB's and Planning and Zoning Department's review, the
applicant shall meet the following conditions: Work witivistaff to articulate the
north facade of the parking podium applying a stucco finish, and precast
concrete in a way that both materials can be expresse` Work with staff to re-
duce the traffic circle for the firetruck access; Worluwitfi ttaff to insure that the
private park/memorial will be properly maintained '
12. Pursuant to the Traffic Impact Analysis Revievrhie applicant is strongly en-
couraged to continue working with the City's TOfic Consultant to resolve all
outstanding Traffic Analysis issues prior to being heard by the City Commis-
sion. rti.
13.•
Within 90 days of the effective date of this DevdieimeSt;Order, record a certi-
fied copy of the Development Order specifying thAt `tf5e Development Order
runs with the land and is binding on the Applicant, it successors, and assigns,
jointly or severally.
14. The applicant shall revise the scheme of the project by either not including the
FAR Bonuses and/or by redistributing the proposed development program
within two smaller towers on the parcels on each side of NE 28'h Street.
Submitted Into the public
record in connection with
item 2.5 on s5 01,
Priscilla A. Tho pson
City Clerk
Page 6of6