HomeMy WebLinkAboutSubmittal-Mike SastreCITY OF MIAMI
CLASS II SPECIAL PERMIT
FINAL DECISION
File No. 03-0309
To: Lucia A. Dougherty, Esq.
c/o Greenberg Traurig
1221 Brickell Ave
Miami, FL. 33131
From: Ana Gelabert, Director
Planning and Zoning Department
PLEASE TAKE NOTICE THAT A INTENDED DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
Title: New Construction (5101 Biscayne Blvd
Address: 5101 Biscayne Blvd., Upper Eastside §UBMI INTO THE
Final Decision: PUBLIC RECORD FOR
❑ Approval
Q Approval with conditions ITEM P-. • 8 O N s a� � 1 b
El Denial —.^
FINDINGS AND CONDITIONS
The subject proposal has been reviewed for Class II Special Permit pursuant to Article 15, Section
609.3, 1512 and 923.2 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida. Section 609.3 states explicitly that a Class Il 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. Section 1512 states that unless otherwise
required by the Zoning Ordinance, as amended, the Code of the City of Miami, as amended or the
South Florida Building Code, as amended, all City of Miami Design Standards and Guidelines,
incorporated herein by reference, may be waived pursuant to a Class II Special Permit. Section 923.2.1
states that reduction in loading stalls shall be only by Class II Special Permit.
Pursuant to Section 1301.2. of the above cited Zoning Ordinance, the Planning and Zoning
Department has made referrals to the following Departments and Boards.
• Zoning Division, Planning and Zoning Department.
• Upper Eastside NET Office, Neighborhood Enhancement Team.
• UDRB, Urban Development Review Board.
Their comments and recommendations have been duly considered and are reflected in this intended
decision. In reviewing this application, pursuant to Section 1305 of the Zoning Ordinance, the following
findings have been made:
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FINDINGS
• It is found that the proposed project is a mixed-use building consisting of residential units (89) and
common areas (4,799) sq.ft with parking garage.
• It is found that the proposed project was initially reviewed by the Internal Design Review
Committee on November 25, 2003. 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 by the Design Review Committee on January 13,
2004 but the original comments are still pending and have not been resolve.
• It is found that an Intended Decision was issue on March 25, 2004.
• It is found that a modified project that included the modifications recommended by the Internal
Design Review Committee was reviewed by the committee on May 4 and May 18, 2004; finally, on
July 6, 2004, the committee reviewed and approved with conditions the subject proposal.
• It is found that the landscape plan submitted with this application complies with the Miami -Dade
Landscape Ordinance.
• On January 21, 2004 the Urban Development Review Board reviewed and deferred for the next
meeting the subject proposal.
• On March 17, 2004 the Urban Review Board reviewed and approved with conditions the subject
proposal.
• 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 contained 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 Department of Planning and Development and further subject to the
following conditions:
1. The applicant shall comply with the conditions addressed by the UDRB and the Internal Design
Review Committee.
2. New plans shall be submitted to the Planning and Zoning Department for review and approval
before issuance of any building permit.
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 S.W. 2nd Avenue, 7th Floor, Miami, FI. 33139.
Telephone number (305) 416-2030.
Signature 7_— Date 7 'L1 6'
An4*1abe idector `
Planning and Zoning Department