HomeMy WebLinkAboutRevised Class II Final DecisionCITY OF MIAMI
CLASS II SPECIAL PERMIT
FINAL DECISION
REVISED
File No. 05-0028
To:
From:
Mercedes Delgado
c/o Ben Fernandez, Esq.
614 Santander St, # 4
Coral Gables, FL. 33134
Ana Gelabert, Director
Planning Department
PLEASE TAKE NOTICE THAT A INTENDED DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
Title: New Construction (Milebella)
Address: 6151 Biscayne Blvd., Upper Eastside
Final Decision:
❑ Approval
Q Approval with conditions
❑ Denial
FINDINGS AND CONDITIONS
The subject proposal has been reviewed for Class 11 Special Permit pursuant to Article 15, Section
609.3, 1512 and 922 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida. Section 609.3 states explicitly that a Class 11 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 11 Special Permit. Section 922,4
states that maneuvering of trucks on public rights -of -way for loading purpose may be approve by Class
11 Special Permit.
Pursuant to Section 1301.2. of the above cited Zoning Ordinance, the Planning Department has made
referrals to the following Departments and Boards.
• Office of Zoning, Planning 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 (32) and
retail areas (6,941 sq.ft.) with parking garage.
• It is found that the proposed project originally obtained a Class 11 Special Permit approval with
conditions on February 11, 2005. The Class II Special Permit Final Decision was rescinded for
reason of an error in zoning data.
• It is found that the new proposal was reviewed and found in compliance with zoning requirements
by the Zoning Officer.
• It is found that the proposed project was reviewed and recommended approval with conditions by
the Internal Design Review Committee on December 21, 2004.
• It is found that the applicant is requesting a reduction of required backup space from twenty three
(23) feet to twenty two (22) feet for the parking stalls located at west side of the parking floors.
• It is found that the applicant is also requesting the approval of maneuvering of trucks on public
rights -of -way.
• It is found that as per Section 922.4 (c), the subject proposal was reviewed and approved by the
public works director.
• On January 19, 2005 the Urban Review Board reviewed and approved 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 Planning Department and further subject to the following conditions:
1. A complete landscape plan shall be submitted for review and approval by the Planning Department
prior to issuance of any building permit.
2. The Class II approval is conditioned to a full review by the Office of Zoning, any substantial change
that arise dues to zoning comments will require a new Class ll Special Permit; minor changes
(except those related to Guidelines and Standards) due to zoning comments shall be considered
substantially in compliance with this approval.
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, 7`' Floor, Miami, FI. 33139.
Telephone number (305) 416-2030.
Signature
A ert `i r ctor
Planning anning Department
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Date V/e/dS