HomeMy WebLinkAboutClass II Special Permit Final DecisionCITY OF MIAMI
CLASS II SPECIAL PERMIT
FINAL DECISION
File 05-0166
1
To:
From:
Greenberg Traurig, P.A.
c/o Adrienne Pardo, Esq.
1221 Brickell Avenue
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 (Electra)
Address: 3601 North Miami Ave, Little Haiti
Intended Decision:
❑ Approval
CQ Approval with conditions
❑ Denial
FINDINGS AND CONDITIONS
The subject proposal has been reviewed for Class ii Special Permit pursuant to Section 608 and 1512 of
Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Section 605.2 states
explicitly that a Class II 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 II
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.
• Little Haiti 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:
Exhibit "A"
FINDINGS
• It is found that the proposed project is a mixed -use building with residential units (147) and retail space
(12,030 SF) on the ground floor with a parking area on ground and upper levels.
• It is found that the proposed project was initially reviewed by the Internal Design Review Committee on
March 1, 2005. The committee recommended sending it back to the architect in order to allow for
responses to the committee's comments.
• it is found that a modified project was then reviewed by the Internal Design Review Committee on March
15 and 29 and May 10, 2005 for which several comments remain and are addressed by conditions
herein.
• It is found that on May 16, 2005, the Urban Development Review Board reviewed and recommended
approval of the proposal with conditions (see attached).
• It is found that a modified project was submitted on July 22, 2005 with the intent of providing the
department with a proposal that addressed the outstanding comments and conditions. The Planning
Department issued a revised Intended Decision on August 17, 2005; the final plan and details submitted
for the treatment of the parking area (submitted subsequent to the Intended Decision) was found to be in
compliance with the design review comments.
• It is found that the applicant is requesting a waiver of the required additional foot of the parking stall width
when the parking stall abuts a physical obstruction; the waiver of one foot will have no adverse effects on
the project or the adjoining area and will ensure that no variances are required; it is therefore appropriate.
• It is found that no landscape plan has been submitted with this application; per the attached conditions, a
final landscape plan (subject to review and approval by the Planning Director) shall be provided prior to
the issuance of a building permit.
• 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 application is hereby recommended for
approval subject to the plans .and supplementary materials submitted by the applicant and on file with the
Planning Department and further subject to the following conditions:
CONDITIONS
1, 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 applicant shall comply with conditions from the Public Work Department which includes wide
sidewalks at consistent height, uniform pavers throughout the site and public accessibility to the
plaza.
3. A complete landscape plan shall be submitted to the Planning Department for review and approval
prior to the issuance of any building permit,
4. The Class 11 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.
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 2nd Ave., 71h Floor, Miami, FL. 33130. Telephone number (305)
416-2030.
Signature
Ana Gel
Plana
.--- Date