HomeMy WebLinkAboutSp Exception AnalysisAnalysis for a Special Exception component of a
MAJOR USE SPECIAL PERMIT
for the
DUPONT TOWERS
located at 300 Biscayne Boulevard
CASE NO. 2004-0783
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Dupont Towers has been reviewed to allow the
following Special Exception as a component of a Major Use Special Permit:
• Special Exception as per Article 4, Section 401, to allow bar/lounge open to the
public with the CBD/Central Business District.
• Special Exception per Article 9, Section 917.1.2, to allow valet parking for hotel and
restaurant up to 50% of existing off-street parking spaces.
The requested Major Use Special Permit is for the purpose of allowing Dupont Towers
Project, a Residential Development project consisting of a total of 1,290 residential units
to be accommodated within two towers and 1,481 parking spaces for the property located
at approximately 300 S. Biscayne Boulevard within the Downtown Miami area (see
attached legal description, location maps and aerial photographs for exact property
boundaries).
Per City Charter, Section 3(mm)(ii) and (iii) to waive side yard and setback from the
sea wall requirements for small portion of setback located at northeast corner to the
northwest corner of the property.
Per City Code, Chapter 23-5a, Request for a Certificate of Appropriateness for
ground disturbing activity in an Archeological Conservation Area.
Note: This Special Exception also encompasses the following subordinate permits:
Class II Special Permit as per Article 9, Section 927, allow temporary off -site
parking during construction.
Class II Special Permit as per Article 9, Section 908.2, for access from a public street
roadway width greater than twenty-five (25) feet.
Class II Special Permit as per Article 9, Section 922.1 and 923.2, a request to reduce
three loading spaces from 12' x 55' to six 12' x 35' and reduce one 12' x 35' to two
10' x 20'.
Class II Special Permit as per Article 4, Section 401, to request for signage approval.
Class II Special Permit, as per Article 4, Section 401, development in the
CBD/Central Business District.
Class II Special Permit, as per Article 4, Section 401, for a temporary construction
fence and covered walkway.
Class I Special Permit, as per Article 9, Section 915.2, for FAA clearance letter.
Class I Special Permit as per Article 9, Section 925.3.8, to allow development/
construction/ rental signage.
Class I Special Permit as per Article 9, Section 918.2, for parking and staging of
during construction.
Class I Special Permit as per Article 9, Section 918.2, for parking and staging of
offsite parking for construction crew.
Class 1 Special Permit as per Article 9, Section 906.6, for active recreational
facilities.
Class 1 Special Permit as per Article 9, Section 920.1, to allow a construction trailer
and watchman's quarters.
Class I Special Permit as per Article 9, Section 920.1, to allow for special event
namely a groundbreaking ceremony.
Pursuant to Section 2502 of Ordinance No. 11000, designation as a phased
development project.
The following findings have been made:
• It is found that the proposed residential development project wilt benefit the city by
creating new housing opportunities for employees of the area as well as attracting new
residents to the Central Business District/CBD area.
• It is found that the subject of these Special Exceptions, specifically for valet parking
of the hotel and restaurant up to 50% of existing off-street parking spaces and to
allow bar/lounge to be open to the public is completely within the scope and character
of the area given that it is a luxury residential project to be located along a significant
location within Central Business Distriet/CBD.
• It is found that sufficient parking is provided to meet the foreseeable needs of the
project.
• It is found that the Urban Development Review Board (UDRB) has recommended
approval with the condition that the material boards submitted along with the three
dimensional rendering submitted, be part of the Major Use Special Permit (MUSP)
project at its public meetings held on January 21, 2004.
• 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 Special Exceptions as a component of a Residential
Development Project with the following conditions:
1. The approval of this Major Use Special Permit shall be subject to the
recordation of the following documents prior to the issuance of shell permit for
the proposed project:
a. Unity of Title or covenant in lieu thereof 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.
b. Development Order specifying that the Development Order runs with the
land and is binding on the Applicant, it successors and assigns, jointly or
severally.
2. The applicant shall submit a parking plan for construction employees and
temporary parking arrangements for the existing building while under
construction; said parking plan shall be subject to review and approval by the
Department of Planning and Development prior to the issuance of any building
permits.
3. The applicant shall provide plans for proposed sidewalk and swale area
improvements prior to the issuance of a building permit; said plans shall be
subject to review and approval by the Public Works Department and the
Department of Planning and Development.
4. This approval shall also be subject to all additional conditions specified in the
Final Development Order for the project.