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HomeMy WebLinkAboutCase Study Appendix D Warrant 13-0013 Final DecisionFile No, 13-0013 aotoxbaCole &BoniskaF\L ISKuNHAS BEEN REACHED pmTHE FOLLOWING MATTER: Mo�o�on��o ����u��M�P _ _ _ ����T�n�cZore T6-80-O 300SE3m Downtown NET Final Decision: Approval 0 with conditions [l Denial FINDINGS AND CONDITIONS The subject. | has been reviewed for Warrant Permit pursuant to Article 7. Section 7.1.3.6i61.1 of K8|amN 21 Code, d of the City of M|oDl|. Florida, which stated that an applicant may modify a special permit approved under a previous zoning code, aaaminor modification through the Warrant process. Pursuant to Section 7.1.3.4 of the above -cited Zoning Ou]|nance, thoP|ann|Dg and Zoning ,Department has made referrals bzthe following Departments and Boards, • Office of Zoning * Downtown NET Office, Neighborhood Enhancement Team Their comments and recommendations have been duly considered in this final doo|sion. This application has been reviewing, pursuant to S$odwn 7.1.14 (d) of the Zoning Ordinance; the following findings have been made: FINDINGS � The applicantky proposing modifications on the approved "Met Miami" phase project under resolution #U6'O1Dn.specifically, inthe "MetSquare" project. * In the new design, the project keeps the ,eta||/theab*comolex odQ|neUy approved under resolution # 06-0180 but will add m new hotel of thirty-three (33) flooro. The hote|'$ FAR /s provided by the remaining unused development rights under the. approved MUSP. '- ° The proposal is for g mixed use pn600t with four hundred fKb+mlx W66\ hotel units and 196.804 nq ft of retail space and the proposal wU| be more In compliance with YN|an| 21 In referenced toPublic Areas, setbacks, street frontages, $tu. File No,13,0013 • The Zoning Administrator has determined that the proposed changes, pursuant to Section 7.1.3.5(d)(5), are minor modifications and it Is recommended that the changes be reviewed by process of Warrant. • On May 17, .2013, a revised site plan was submitted to the Planning and Zoning Department, which replaces the previous plan on file. • The proposal was referred to Public Works Department and the Historic Preservation Office for review and approval. • The Public Works Department approved with conditions theproposed project, • Also, the Historic Preservation Office reviewed and approved with condition the proposed project • Pursuant to Sec. 7,1.2.4 (d) of the Miami 21 Code, the City of Miami Zoning Ordinance, the application has been reviewed and found sufficient except for the issues listed above and contained in the condition. Based on the above findings and the considered advice of the officers and agencies consulted on this matter and pursuant to Section 7,1.1.2 of the Zoning Ordinance, the subject proposal is hereby approved with condition subject to the plans submitted by the applicant and on file with the Planning and Zoning Department as well as the following limitation: 1. The applicant shall provide the Planning and Zoning Department with a temporary construction parking plan, with an enforcement policy and a construction noise management plan with an enforcement policy, 2. The pedestrian sidewalk shall remain at a consistent height throUghout. Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works. 3. The proposed drop off area located at the north side shall be treated with decorative bollards and with the same materials of the proposed pedestrian plaza in order to be visually incorporated into the proposed plaza, 4. In order toavoid queuing spillover effect into street, oars in drop-off area shall be limited to a maximum stopping/standing time of five (5) minutes after which time they shall be moved out of the drop -area. Applicant shall reference this condition in any rules or regulations adopted for Met Square and any operations agreement with the hotel operator and the retail center operator. 5, All conditions of Resolution HEPS-2002-68 and HEPB-2004.48shall be followed, in particular: a) The Miami One Archaeological Management Plan proffered by the applicant and detailed in a letter from Robert Carr of the Archaeological and Historical Conservancy dated October 31, 2002,. shall be followed. From the Miami One Archaeological Management Plan: It is the Intent of the developer that such discoveries will be fully documented and _preserved whenever possible. A special area within the pedestrian plaza in Parcel B will be set aside as a public viewing space for the exhibition and preservation of any significant features. b) The project archaeologist, Robert Carr, shall furnish monthly reports to the Historic and Environmental Preservation Board, outlining the archaeological aspects of the project as they progress. c) The applicant shall provide a signed and sealed survey, completed by a licensed surveyor, of Bali significant archaeological structural features located on the site to date with a site plan of the proposed building footprint and proposed building pilings and structural elements overlaid on top. Significant archaeological structural features shall Include,, but are not limited to,. the Royal Palm Circle, the Royal Palm Hotel foundations, the well attributed to Fort Dallas, and the second Circle discovered on 2 File No,13-0013 the southwestern corner of the site in March 2013, This drawing shall be provided to the Preservation Office within 60 days of issuance of this Final Decision, and shall be updated quarterly as future discoveries are made. These quarterly updates shall be submitted with Robert Carr's monthly report for that month. d) All archaeological materials not remaining on site shall be fully documented, catalogued and transferred to HistoryMiarni within one year of completion of field documentation, subject to the terms of the existing archaeological covenant. e) All salvaged portions of the Royal Palm Circle, the feature located at the northeast corner of the site, that are within private property and in the adjacent public right-of- way, to the extent possible and subject to concurrence, permission, and indemnification provided by the City, shall be removed from its existing location by a skilled rock mason prior to construction activities commencing on the site, The extracted pieces of the feature shall be labeled, catalogued, and carefully transported and held off site in a secure location during the duration of construction activities on the site, Prior to issuance of a Certificate of Occupancy for the building, the feature shall be reconstructed in the 60-foot wide public plaza in accordance with a covenant to be provided by applicant prior to issuance of the master building permit. The feature will be displayed and Interpreted with signage for public education. The removal, storage, and relocation plan shall be subject to reasonable approval by the Preservation Office, As stated in a letter dated April 1, 2005 from Robert Carr to Sarah Eaton [Preservation Officer], "the circle feature will be out out by a rock mason to be placed in a secure location" and in a letter dated May 19, 2005 from Robert Carr to Sarah Eaton, "It is planned ... to attempt to cut out and relocate the circle, as its location falls outside and west of the plaza." f) To the greatest extent possible and subject to accessibility and other code requirements, the applicant shall re-create as faithfully as practicable the unearthed steps and veranda piers of the Royal Palm Hotel In locations to be determined in the plaza subject to the review of Preservation Office, Such re-creation shall include any suitable salvaged bricks from the excavation g) Full documentation of all portions of the Royal Palm Hotel foundations shall be completed as proposed in the Metropolitan Miami Archaeological Action Plan submitted by Robert Carr to the City of Miami Historic and Environmental Preservation Board and dated June 2004. This documentation shall be submitted to the Preservation Office within one year of completion of field documentation. This includes (as stated in the Action Plan): • Drawing of a scaled map of existing hotel foundations and features (HASS format) • Details photo documentation of the hotel remains • Narrated video of the hotel remains • An analysis and report of Royal Palm hotel construction features and artifacts (to be included as part of the final report) • Completion of a Florida Master Site File that will include a summary of history, physical description, location map, black and white photographs, and recommendations. • Space will be dedicated within the Met Square development that will include an exhibit of the Royal Palm Hotel and other discoveries at the site. h) All future significant archaeological discoveries on the site, including but not limited to: human remains, post hole features, building foundations, or features associated with Fort Dallas, shall be fully documented and preserved to the greatest extent possible, Notice of significant discovery shall be provided to the Preservation Office within 48 hours of discovery and will be presented at the following HEPB meeting as part of the monthly status report for the project, I) The applicant shall cooperate with the Preservation Office to provide notice of discovery within 48 hours, to fully document, and to provide for the appropriate disposition of any new findings that are not addressed in this approval, such as the circle discovered in the southwestern corner of the site in March 2013, and shall comply with the terms of resolution HEPB-2002-68 regarding significant discoveries, 3 j) File No, 13-0013 On or before Issuance of a Master Building Permit, the applicant shall enter into a covenant setting forth the design of the plaza, location of archaeological findings to be exhibited within the plaza and/or other areas of Met Square, provisions for Preservation Office review of interpretative .signage and elements, committing to construction and maintenance of said plaza, re -stating the above conditions that have not been completed, referencing and including a survey of findings to date, and providing for the appropriate disposition of any findings not accommodated in the plaza (e,g. donation to museum or institution). The terms of the covenant shall be reviewed by the Preservation Office prior to being recorded. 6. The applicant shall address the comments by the Public Works Department, specifically: • Continuous ADA compliant pedestrian sidewalk shall be required within the public right- of-way, including in front of the drop off area on SE 3rd Ave and 3rd Street, without requiring pedestrians to enter private property. • A maintenance covenant between the owner and the city is required for any decorative sidewalk or landscape approved and permitted by Public Works in the right-of-way, • A "Notice of Intent" issued by the Florida Department of Transportation is required prior to obtain a building permit. 7. The architectural treatment of the podium elevations shall be subject to further review and approval by the Planning and Zoning. Director prior to the issuance of the building permit. NOTICE The final decision of the Director may be appealed to the Planning, Zoning, and Appeals Board by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appro ate e with the Office of Hearing Boards, located at 444 SW 2" Ave., 7th Floor, Miami, 33130. elephone number (305) 416.2030 Signature Francis</' �. Garcia, Director Planning and Zoning Department ARTICLE 4, TAiBLE 12 DESIGN REVIEW CRITERIA I) BUILDING DISPOSITION: Date . /-/ Applicability Compliance (1) Respond to the physical context taking into Yes Yes consideration natural features, existing urban form and Transect Zone intentions. (2) For Buildings on Corner Lots, design Parades to Yes Yes acknowledge all Frontages. 4