HomeMy WebLinkAboutClass II Final DecisionCITY OF MIAMI
CLASS 11 SPECIAL PERMIT
FINAL DECISION
File No: 'W0138
To: Oscar Familia
7390 SW 561" Street
Miami, FL, 33155
From: Ana Gelabert, Director
Planning Department
PLEASE TAKE NOTICE THAT A FINAL DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
Title: New Construction (Restaurant)
Address: 3484 Main Highway, North Fast Coconut Grove
Final Decision:
❑ Approval
Q Approval with conditions
❑ Denial
FINDINGS AND CONDITIONS
The subject proposal has been reviewed for Class Il. Special Permit pursuant to Article 6, Section
602.3,1 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida. Section
602.3,1 states explicitly that a Class II Special Permit shall be required prior to approval of any permit
affecting the location, relocation or alteration of any structure, sign, awning, landscaping, parking, area
or vehicular way visible from a public street or waterfront walkway.
Pursuant to Section 9301.2 of the above-cited Zoning Ordinance, the Planning Department has made
referrals to the following Departments and Boards.
• Zoning Division, Zoning Department.
• N.F. Coconut Grove NET Office, Neighborhood Enhancement Team.
• UDRB, Urban Development Review Board.
Their comments and recommendations have been duly considered and are reflected in this final
decision. In reviewing this application, pursuant to Section 1305 of the Zoning Ordinance, the following
findings have been made:
FINDINGS
• It is found that the proposed project is a commercial building (restaurant) with parking area on the
rear.
• It is found that the Internal Design Review Committee initially reviewed the proposed project on May 13,
2008. The committee recommended sending it back to the architect in order to give the opportunity
to respond to the committee comments.
• It is found that a modified project was reviewed and recommended approval with conditions by the
Internal Design Review Committee on September 29, 2008.
• On October 15, 2008, the Urban Development Review Board reviewed and recommended
approval with conditions the subject proposal.
• On November 5, 2008, the applicant submitted a modified project, which addressed the conditions
of the IDRC, UDRB and Planning Director's comments.
• It is found the design proposal complies with the Section 602.4.1.2 of the City of Miami Zoning
Ordinance specifically in reference to the frontage of a lot on a pedestrian street; sixty five (65) %
is required for uses permitted under Section 602.41.1.
• It is found that the parking requirements (45) will be provided as followed: eight (8) parking spaces
on site, six (6) parking spaces will be purchased from Miami Parking Authority and thirty-one (31)
parking spaces rent from Miami Parking Authority.
• It is found that any noise generated on the site shall conform to the city code noise regulations
• It is found that with regard to the criteria set forth in Sec. 1305 of the City of Miami Zoning
Ordinance, the application has been reviewed and found sufficient except for the issues listed
above and contains in the conditions.
Based on the above findings and the considered advice of the officers and agencies consulted on this
matter and pursuant to Section 1306 of the .Zoning Ordinance, the subject proposal is hereby
approved with conditions as presented in the plans and supporting materials submitted by the
applicant and on file with the Planning Department and further subject to the following conditions:
1. The Class II approval is conditioned on a full review by the Office of Zoning, any substantial
changes that arise due to zoning comments will require a new Class II Special Permit; minor
changes due to zoning comments shall be considered substantially in compliance with this
approval.
2. Any noise generated on the site shall conform to the city code noise regulation.
3. The pedestrian sidewalk realm shall remain at a consistent height throughout and shall be
maintained with a consistent, recognizable pattern, which shall continue across the vehicular
entrances.
4. The applicant shall provide the Planning Department with a temporary construction parking plan,
with an enforcement policy and a construction noise management plan with an enforcement policy.
NOTICE
The final decision of the Director may be appealed to the Zoning Board by any aggrieved party,
within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee
with the Office of Hearing Boards, located at 444 SW 2nd Ave., 7th Floor, Miami, FL, 33130.
Telephone number (305) 416-2030.
SignatureDate�4 4�y-
% U
Ana Gelabert, Dir
Planning Department
2
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
D Site and Urban Plannine:
(1) Respond to the physical Yes. Yes.
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Yes. Yes.
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner lots Yes. Yes.
should be oriented to the corner
and public street fronts.
II) Architecture and Landscane Architecture:
(1) A project shall be designed
Yes
Yes
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood
Yes.
Yes.
context;
(3) Create a transition in bulk
Yes.
Yes.
and scale;
(4) Use architectural styles
Yes.
Yes.
and details (such as roof lines
and fenestration), colors and
materials derivative from
surrounding area;
(5) Articulate the building facade
Yes.
Yes.
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
III) Pedestrian Oriented Development:
(1) Promote pedestrian Yes. Yes.
interaction;
(2) Design facades that Yes. Yes.
respond primarily to the
human scale;
(3) Provide active, not blank Yes. Yes.
facades. Where blank walls
are unavoidable, they should
receive design treatment.
3
(1) Provide usable open space
that allows for convenient and
visible pedestrian access frorn
the public sidewalk;
(2) Landscaping, including plant
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
(1) Design for pedestrian and
vehicular safety to minimize
conflict points;
(2) Minimize the number and
Width
(1) Provide landscaping that
screen undesirable elements
(2) Building sites should locate
service elements away from
street front where possible or
screened from view
(3) Screen parking garage
structures with program uses.
rV Strectscape and Open Space:
Yes
Yes
V) Vehicular Access and Parking:
Yes.
Yes.
VI, Screening_
Yes
Yes
Yes
4
Yes
Yes
Yes,
Yes.
Yes
Yes
Yes