HomeMy WebLinkAboutOLD Sp Ex AnalysisAnalysis for a Special Exception component of a
MAJOR USE SPECIAL PERMIT
for the
OCEAN PALACE
located at 850 NW 42"d AVENUE
CASE NO. 2004-0803
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for Ocean Palace 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, saloons, taverns and/or
supper club open to the public with the C-2 "Liberal Commercial".
• Special Exception as per Article 4, Section 401, to allow for residential density equal
to R-3 or higher.
• Special Exception per Article 9, Section 915.2, for FAA clearance letter.
The requested Major Use Special Permit is for the purpose of allowing Ocean Palace
Project, a Mixed -Use Residential Development project consisting of a total of 400
residential units to be accommodated within five buildings and 809 parking spaces for
the property located at approximately 840 NW 42"d Avenue within the Miami
International Airport (see attached legal description, location maps and aerial
photographs for exact property boundaries).
Note: These Special Exceptions also encompasses the following subordinate permits:
Class II Special Permit as per Article 9, Section 906.6, for active recreational
facilities (including swimming pools) not within rear yard.
Class II Special Permit as per Article 9, Section 927, allow temporary off -site
parking during construction.
Class I Special Permit as per Article 9, Section 906.9, to allow for special event
namely a groundbreaking ceremony.
Class I Special Permit as per Article 9, Section 918.2, for parking and staging of
during construction (to be approved by Planning and Zoning Department prior to
obtaining a building permit).
Class I Special Permit as per Article 9, Section 918.2, for parking and staging of
offsite parking for construction crew (to be approved by Planning and Zoning
Department prior to obtaining a building permit).
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 920.1, to allow a construction trailer
and watchman's quarters.
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 will benefit the city by
creating new housing opportunities for employees of the area as well as attracting new
residents to that area.
• It is found that the subject of these Special Exceptions, specifically for residential
density equal to R-3 or higher, to allow bar, saloons, taverns and/or lounge to be open
to the public and the request for FAA clearance letter is completely within the scope
and character of the area given that it is a mixed -used residential project to be located
along a major arterial that connects the Miami International Airport with the rest of
the City of Miami.
• It is found that sufficient parking has been provided to meet the foreseeable needs of
the project.
• 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 mixed -use
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 of
Planning Department 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 and the Planning
Departments.
4. This approval shall also be subject to all additional conditions specified in the
Final Development Order for the project.