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Class II Special Permit
CITY OF MIAMI CLASS II SPECIAL PERMIT FINAL DECISION File No. 03-0071 To: From: River House Lofts, LTD 350 West Flagler Street Miami, FL. 33130 Ana Gelabert, Director Planning and Zoning Department PLEASE TAKE NOTICE THAT A INTENDED DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER: Title: New Construction (River House Lofts) Address: 350 West Flagler Street, Downtown Final Decision: ❑ Approval © Approval with conditions ❑ Denial FINDINGS AND CONDITIONS The subject proposal has been reviewed for Class 11 Special Permit pursuant to Article 15, Sections 1514 and Section 903.1 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida. Section 1514 requires explicitly that a Class II Special Permit shall be required for any development on property located between the Miami River and the first dedicated right-of-way. Section 620.3 states explicitly that a Class 11 Special Permit is required where a project is designed as a single site and it occupies lots divided by street or alley. 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. • Downtown 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: FINDINGS It is found that the proposed project consist of two phases; phase one is a mixed -use building consisting of residential units (159), offices and retails with parking garage and phase two is a river walk area and a commercial building on the river. • It is found that this project was initially reviewed by the UDRB in May 10, 2003. The Board unanimously voted to approve with conditions and to resubmit to UDRB to review the conditions. • It is found that a modified project was reviewed and approved with conditions by the UDRB on March 21, 2003; one of these conditions returned to the UDRB to review the development along the rivers edge (Phase II). • It is found that located within the development area is the East Cost Fishery Building which is under process to be designated a historical building to be preserve. • It is found that the proposed project, as presented, is appropriate in scale and in size as per City of Miami Zoning Ordinance. • It is found that although the proposed landscape plan complies with Miami -Dade County Landscape Ordinance, some changes shall be required. • 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 subject to the plans submitted by the applicant and on file with the Planning and Zoning Department as well as the following limitations: 1. The applicant shall comply with all conditions addressed by the UDRB Board (see attachment). 2. The applicant shall submit the final solution of Phase II to the Planning and Zoning Department for review and approval before began the building permit process. 3. Provide shade trees species on both sides of North River Drive and adjacent to the building frontage up to the round about. Palm plantings along Flagler Street and immediately adjacent to the round about are found to be desirable. 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 2id Ave., 7th Floor, Miami, FL. 33130. Telephone number (30) 416-2030. Signature Ana Geiat rt, Director i2/1/ jr Planning an Zoning Depart rf ent Date del° 2 CI T Y 0 F M A M I PLANNING AND ZONING DEPARTMENT PRE -APPLICATION DESIGN REVIEW COMMENTS CLASS II SPECIAL PERMIT RIVER HOUSE LOFTS 350 W. FLAGLER STREET 4/13/2003 The following comments represent the unified vision of the Pre _Application Design Review Committee, which consist of all staff members in the Urban Design and Land Development Divisions. COMMENTS : We thank you for participating in the design review process. We recognize that the applicant's continued active participation is an indication of a shared interest to develop projects to their highest potential and make a significant contribution to improving the quality of our built environment with great architecture and urban design. Architecture and Urban Design: Please consider lining the south side of the garage that faces the park, with habitable uses so that the park can benefit from increase security with eyes -on -the -park. • We appreciate the effort of masking the parking garage with the sculptural element; however, the parking garage is still visible from the public view and requires the articulation of the openings to hide it from public view. Historic: We notice the removal of the East Coast Fisheries building since the submission for the Class II Special Permit. This building has historic significance and the UDRB had recommended that it be preserved. It is also the Planning and Zoning Department's recommendation that you incorporate the building into your project, as it is shown in the previous UDRB submission. It is our intention with these comments to aid in expediting Special Permit applications with your voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Committee or the Urban Development Review Board. 1