HomeMy WebLinkAboutTAB C.7 Modifications to Article 7C.7 MODIFICATIONS TO ARTICLE 7:
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SPECIAL AREA PLAN
BRICKELPt(
OTCENTRE
MIAMI 21 AS ADOPTED - JANUARY 2011 ARTICLE 7.1.2.4 BRICKELL CITICENTRE
DEVELOPMENT REVIEW PROCESS
7.1.2.4 Brickell CitiCentre Development Review Process
The Brickell CitiCentre development review process is set forth below.
a. By right.
The retail component of the Project, including all parking garages, pedestals, civic
space types and associated circulation shall be approved by right.
b. SAP Warrant.
All other development of Structures within the Project shall be approved by SAP
Warrant. In addition, all other development authorizations within the Project, such
as Waivers, Variances, and Exceptions, shall be approved by SAP Warrant. The
process and criteria for review and approval is set forth below.
MAY 16, 2011
1. Review and approval process.
a. The Planning Director shall review each submitted application for
a SAP Warrant for completeness. If the SAP Warrant application
involves a project in excess of two hundred thousand (200,000)
square feet of floor area, it shall be referred to the Coordinated
Review Committee, which shall review the application and provide
its comments and recommendations to the Planning Director.
b. Applications for projects equal to or less than two hundred thousand
(200,000) square feet of floor area shall be reviewed by the Planning
Director and the Zoning Administrator without need for review by
the Coordinated Review Committee, unless the Planning Director
determines that review by the Coordinated Review Committee is
necessary. Where there is no referral to the Coordinated Review
Committee, the Planning Director shall issue an intended decision
within twenty-one (21) calendar days of a determination that the
application is complete. The applicant shall have seven (7) calendar
days from receipt of the notice of the intended decision to request
a conference with the Planning Director to discuss revisions or
additional information regarding the application. Within ten (10)
calendar days of the conference, or if no conference is requested,
the Planning Director shall issue written findings and determinations
regarding the applicable criteria set forth in this section and any other
applicable regulations. The applicant and the Planning Director may
mutually consent to an extension of the time for issuance of the final
decision. The findings and determinations shall be used to approve,
SPECIAL AREA PLAN
BRICKELL
CITICENTRE
MIAMI 21 AS ADOPTED - JANUARY 2011
ARTICLE 7.1.2.4 BRICKELL CITICENTRE
DEVELOPMENT REVIEW PROCESS
approve with conditions or deny the SAP Warrant application.
c. The Planning Director shall approve, approve with conditions or deny the
SAP Warrant application. Approvals shall be granted when the application
is consistent with the Comprehensive Plan, this Agreement and the Brickell
CitiCentre SAP; conditional approvals shall be issued when the application
requires conditions in order to be found consistent with the Comprehensive
Plan, this Agreement and the Brickell CitiCentre SAP; denials of applications
shall be issued if after conditions and safeguards have been considered,
the application still is inconsistent with the Comprehensive Plan, this
Agreement and the Brickell CitiCentre SAP. The decision of the Director
shall include an explanation of the code requirements for an appeal of the
decision. The Director shall include a citation to the legal authority for any
denial of an SAP Warrant.
d. An SAP Warrant shall be valid for a period of two (2) years during which
a building permit or Certificate of Use must be obtained. This excludes a
demolition or landscape permit. A one time extension, for a period not to
exceed an additional year, may be obtained if approved by the Planning
Director.
2. Review criteria.
An SAP Warrant shall be approved if the proposed development is consistent with
the Comprehensive Plan, this Agreement and the Brickell CitiCentre SAP.
3. Appeal to the Planning, Zoning and Appeals Board.
Appeal of the determination of the Planning Director shall be de novo and taken to
the Planning, Zoning and Appeals Board. An appeal shall be filed with the Hearing
Boards Office within fifteen (15) calendar days of the posting of decision by the
Planning Director on the City's website. The Board shall determine whether the
Warrant is upheld or rescinded.
The ruling of the Planning, Zoning and Appeals Board may be further appealed to
the City Commission, de novo and must be filed with the Office of Hearing Boards
within fifteen (15) calendar days of the Board's issuance of its ruling. The filing of
the appeal shall state the specific reasons for such appeal, together with payment
of any required fee. The appeal may be filed only by the applicant or any person
who is aggrieved by the action of the Planning, Zoning and Appeals Board.
MAY 16, 2011