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HomeMy WebLinkAboutClass II Special Permit Final DecisionCITY OF MIAMI CLASS II SPECIAL PERMIT FINAL DECISION File No. 05-0235 To: From: Patricia Baloyra Tew-Cardenas LLP 1441 Brickell Avenue, 15`h Floor Miami, FL. 33131 Ana Gelabert, Director Planning Department PLEASE TAKE NOTICE THAT A FINAL DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER: Title: New Construction (Tivoli) Address: 3915 Biscayne Blvd., Wynwood/Edgewater Final Decision: ❑ Approval C✓ Approval with conditions ❑ Denial FINDINGS AND CONDITIONS The subject proposal has been reviewed for Class II Special Permit pursuant to Section 620.3, 903.1, 908.13, 1106.1 and 1511 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida. Section 620.3 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 903.1 states explicitly that a Class II Special Permit shall be required where a project is designed as a single site and it occupies lots divided by a street or alley. Section 1511 requires explicitly that a Class II Special Permit shall be required prior to approval for development between Biscayne Bay and first dedicated right of way. Section 1106 states that existing structures which have legal non -conforming status may be enlarged, extended or altered as follows: alterations to principal or accessory structures which do not involve an enlargement or expansion may be permitted pursuant to a Class II Special Permit as long as the degree of the structure's nonconformity remains the same or is decreased and at least 50% of the square footage of the original building is proposed to remain. Pursuant to Section 1301.2. of the above cited Zoning Ordinance, the Planning Department has made referrals to the following Departments and Boards. • Zoning Division, Zoning Department. • Wynwood/Edgewater 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 proposal consists of a new multifamily residential project (72 units) with parking garage and the conversion of an existing commercial building (Hamilton) to residential (16 units). • It is found that the proposed project was initially reviewed by the Internal Design Review Committee (IDRC) on November 2, 2004. 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 modified proposals were reviewed by the Design Review Committee on November 16 and 30, 2004, April 12 and 26, 2005 and July 12 , 2005, but some of the original comments were still pending and had not been resolved at that time. • On July 26, 2005, a final modified project was reviewed and recommended for approval with a condition by the Internal Design Review Committee. • On December 15, 2004, the Urban Development Review Board reviewed and recommended approval with conditions the subject proposal. • It is found that that the proposed alteration to the existing legal non -conforming structure (Hamilton Building) will not increase its degree of non -conformity as per City of Miami Zoning Ordinance. • It is found that the proposed project was designed as a single project and it occupies lots divided by an alley. • It is found that the landscape plan submitted with this application complies with the Miami -Dade Landscape Ordinance; however, pursuant to staff review, additional landscape details need to be provided regarding the final planting plan prior to its installation and additional shade trees should be incorporated into the site perimeter. • 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 subject to the plans submitted by the applicant and on file with the Planning Department and further subject to the following conditions: 1. The applicant shall provide the Planning Department with a temporary construction plan that includes the following: a temporary construction parking plan, with an enforcement policy and a construction noise management plan with an enforcement policy. 2. The Class II approval is conditioned on a full review by the Office of Zoning, any substantial changes that arise due to zoning comments will require a new Class II Special Permit; minor changes due to zoning comments shall be considered substantially in compliance with this approval. 3. The applicant shall comply with the condition addressed by the IDRC, specifically on reducing the variety of window shapes and sizes for the building on Biscayne Blvd. 4. The applicant shall provide the Planning Department with a final planting plan. 5. The applicant shall modify the landscape plan in order to provide additional shade trees along the public right-of-way and site perimeter. 2 6. Ail truck maneuvering shall be limited to on -site movements; backing up of trucks into the public right-of-way shaft be prohibited. 7. The applicant shall be required to apply separately for the required vacation of the existing alley in order to implement the project as submitted. A substantial modification of this project shall be required if the alley is not vacated. 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, FL 33139. Telephone number (305) 416-2030. signature Ana Gelabert, Di Planning Department Date D /dills 3