HomeMy WebLinkAboutClass II Financial DecisionCITY OF MIAMI
CLASS II SPECIAL PERMIT
FINAL DECISION
File No. 04-0198
To:
Lucia A. Dougherty, Esq.
1221 Brickell Avenue
Miami, FL. 33131
From: Ana Gelabert, Director
Planning and Zoning Department
PLEASE TAKE NOTICE THAT A INTENDED DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
Title: New Construction (5301 & 5501 Biscayne)
Address: 5301 & 5501 Biscayne Blvd., Upper Eastside
Final Decision:
❑ Approval
CQ Approval with conditions
❑ Denial
FINDINGS AND CONDITIONS
The subject proposal has been reviewed for Class II Special Permit pursuant to Article 15, Section
609.3, 1512, 903.1 and 923.2 of Ordinance 11000, as amended, the Zoning Ordinance of the City of
Miami, Florida. Section 609.3 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 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. Section 923.2.1
states that reduction in loading stalls shall be only by Class II Special Permit. A section 903.1 state that
a Class II Special Permit shall be required where a project is designed as a single site and it is
occupies lots divided by a street. 922.4 states that loading spaces backing into the public rights -of -way
may be approve by Class II Special Permit.
Pursuant to Section 1301.2. of the above cited Zoning Ordinance, the Planning and Zoning
Department has made referrals to the following Departments and Boards.
• Zoning Division, Planning and Zoning 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:
FINDINGS
• It is found that the proposed project is comprised of two mixed -use buildings, developed as a
single project; these buildings consist of residential units (105) and office area (18,783sq.ft) with
parking garages. This project was originally submitted on May 3, 2004 but it was referred back to
Zoning because the application did not comply with certain zoning regulations.
• It is found that the project was initially reviewed by the Internal Design Review Committee on June
8, 2004. The committee recommended sending it back to the architect in order to give them the
opportunity to respond to the committee comments.
• It is found that a modified project was reviewed by the Internal Design Review Committee on
August 3, 2004 but some of the original comments were still pending and had not been resolved.
• It is found that on October 19, 2004, a modified project based on the Internal Design Review
Committee's conditions, was presented and approved with conditions by the Internal Design
Review Committee.
• It is found that the applicant is requesting a reduction in dimensions of the offstreet loading stalls
and also to allow the loading spaces backing into the public right-of-way
• It is found that although the landscape plan submitted with this application complies with the
Miami -Dade Landscape Ordinance, some changes shall be required to further enhance buffering.
• On July 17, 2004 the Urban Development Review Board reviewed and recommended approval 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 Department of Planning and Development and further subject to the
following conditions:
1. The proposed 55th St. Plaza shall keep the existing pedestrian access to the neighborhood and
maintain the existing shaped curb.
2. The applicant shall confirm all proposed improvements for the public right-of-way area with the
Public works Department.
3. A final fully specified landscape plan shall be submitted for review and approval by the Planning
Director, prior to the issuance of a building permit, which increases the amount and sizes of
landscaped materials to create more substantial buffering.
4. The turning radius for loading in 5501 Biscayne Building is insufficient as per Public Works
comments, new solution shall be reviewed and approved by Public Works Department.
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. 2"d Avenue, 7th Floor, Miami, FI. 33139.
Telephone number (305) 416-2030.
Signature
Gelab ec▪ tor
Planning a Zoning Department
Date /c/ ?/O
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