HomeMy WebLinkAboutClass II Approval & Supporting DocsCITY OF MIAMI
CLASS II SPECIAL PERMIT
FINAL DECISION
File No. 05-0313
To:
From:
Weiss Serota, P.A.
c/o Estrellita Sibila
2665 South Bayshore Drive, # 420
Miami, FL. 33133
Ana Gelabert, Director
Planning Department
PLEASE TAKE NOTICE THAT A FINAL DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
Title: New Construction (Electra Two)
Address: 100 NE 39th Street, Little Haiti
Intended Decision:
❑ Approval
[� Approval with conditions
❑ Denial
FINDINGS AND CONDITIONS
The subject proposal has been reviewed for Class II Special Permit pursuant to Section 608.3 and 906.6 of
Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Section 608.3 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 906.6 states explicitly that a Class II Special Permit shall be required for permanent
outdoor swimming pool.
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:
FINDINGS
• It is found that the proposed project is a mixed -use building with residential units (95) and retail space
(4,186 SF) on the ground floor with a parking area on ground and upper levels.
a It is found that the proposed project was initially reviewed by the Internal Design Review Committee on
July 7, 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 August
2 and September 6, 2005 for which several comments remained outstanding.
• It is found that on September 21, 2005, the Urban Development Review Board reviewed and
recommended approval of the proposal with conditions.
• It is found that a modified project was submitted on October 6, 2005 with the intent of providing the
department with a proposal that addressed the outstanding comments and conditions_ The plan and
details submitted for the treatment of the building and parking area (base) was found to not yet be in
compliance with the criteria set forth in Section 1305 of Zoning Ordinance 11000. An Intended Decision
with the comments and conditions of the Planning Department was issued on December 27, 2005 in
order to allow the applicant to request a conference with the director for the purpose of discussing the
comments and conditions of the department.
• It is found that a final modified project with the intent of addressing the conditions of the Planning
Department was submitted on January 13, 2006. The final plan was found to be in compliance with the
comments and conditions of the Planning Department and in compliance with the criteria of Section 1305
of the City of Miami Zoning Ordinance (see attached document).
• It is found that the landscape plan is in compliance with the Miami -Dade Landscape Ordinance.
• 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. Conditions to ensure full compliance are listed below.
Based on the above findings and the considered advice of the officers and agencies consulted on this matter
and pursuant to Section 1305 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. 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.
Signature
Ana,(abert, actor
PI ning Department
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
I) Site and Urban Plannin ::
(1) Respond to the physical Yes. Yes.
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Yes. Yes.
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner lots Yes. Yes.
should be oriented to the corner
and public street fronts.
II) Architecture and Landscape Architecture:
ti
(I) A project shall be designed Yes. Yes.
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood Yes. Yes.
context;
(3) Create a transition in bulk Yes. Yes.
and scale;
(4) Use architectural styles Yes. Yes.
and details {such as roof lines
and fenestration), colors and
materials derivative from
surrounding area;
(5) Articulate the building facade Yes. Yes.
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
III) Pedestrian Oriented Development:
(1) Promote pedestrian Yes. Yes.
interaction;
(2) Design facades that Yes. Yes.
respond primarily to the
human scale;
(3) Provide active, not blank Yes. Yes.
facades. Where blank walls
are unavoidable, they should
receive design treatment.
IV) Streetscape and Open Space:
(1) Provide usable open space Yes. Yes.
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant Yes. Yes.
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
V) Vehicular Access and Parkin
(1) Design for pedestrian and Yes. Yes.
vehicular safety to minimize
conflict points;
(2) Minimize the number and Yes. Yes.
width