HomeMy WebLinkAboutR-09-0267Vop City of Miami
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Resolution: R-09-0267
File Number: 08-01463ii
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/28/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL BY OSCAR FAMILIA, REVERSING THE DECISION OF
THE ZONING BOARD, THEREBY GRANTING WITH CONDITIONS THE CLASS II
SPECIAL PERMIT APPLICATION NO. 08-0138, ISSUED BY THE PLANNING
DIRECTOR ON NOVEMBER 7, 2008, TO ALLOW A RESTAURANT, FOR THE
PROPERTY LOCATED ATAPPROXIMATELY 3484 MAIN HIGHWAY, MIAMI,
FLORIDA.
WHEREAS, the Miami Zoning Board at its meeting on February 9, 2009, Item No. 5, adopted
Resolution No. ZB 09-0004 by a vote of five to one (5-1), to deny the issuance of Class II Special
Permit Application No. 08-0138 by the Planning Director on November 7, 2008, and
WHEREAS, an appeal of the Zoning Board decision was filed by Oscar Familia; and
WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding
the decision of the Zoning Board, finds the Class II Special Permit does meet the applicable
requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in the best
interest of the general welfare of the City of Miami and its inhabitants to grant the appeal, reverse the
decision of the Zoning Board and grant the Class II Special Permit as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The decision of the Zoning Board to deny the Class II Special Permit application No.
08-0138 issued by the Planning Director on November 7, 2008, to allow a restaurant for the property
located at approximately 3484 Main Highway, Miami, Florida, as legally described in attached "Exhibit
A," is reversed and the Class II Special Permit is granted.
Section 3. The findings of fact set forth below are made with respect to the subject property:
a. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
project that have been found by the City Commission (based upon facts and reports prepared or
submitted by staff or others) to adhere to the following Design Review Criteria subject to the any
applicable conditions herein:
1) Site and Urban Planning:
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Design Review Criteria Applicability Compliance
(1) Respond to the physical contextual Yes. *Yes.
environment taking into consideration
urban form and natural features;
(2) Sitting should minimize the impact Yes. *Yes.
of automobile parking and driveways
on the pedestrian environment and
adjacent properties;
(3) Buildings on corner lots should Yes. *Yes.
be oriented to the corner and public
street fronts.
II) Architecture and Landscape Architecture:
Design Review Criteria Applicability Compliance
(1) A project shall be designed to Yes. *Yes.
comply with all applicable landscape
ordinances;
(2) Respond to the neighborhood Yes. *Yes.
context;
(3) Create a transition in bulk and Yes. *Yes.
scale;
(4) Use architectural styles and details Yes. *Yes.
(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:
Design Review Criteria Applicability Compliance
(1) Promote pedestrian interaction; Yes. *Yes.
(2) Design facades that respond Yes. *Yes.
primarily to the human scale;
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(3) Provide active, not blank facades. Yes. *Yes.
Where blank walls are unavoidable,
they should receive design treatment.
IV) Streetscape and Open Space:
Design Review Criteria Applicability Compliance
(1) Provide usable open space that Yes. *Yes.
allows for convenient and visible
pedestrian access from the public
sidewalk;
(2) Landscaping, including plant
Material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
V) Vehicular Access and Parking:
Yes. *Yes.
Design Review Criteria Applicability Compliance
(1) Design for pedestrian and Yes. *Yes.
vehicular safety to minimize conflict
points;
(2) Minimize the number and width Yes. *Yes
of driveways and curb cuts;
(3) Parking adjacent to a street front Yes. *Yes.
should be minimized and where
possible should be located behind
the building;
(4) Use surface parking areas as Yes. *Yes.
district buffer.
VI) Screening:
Design Review Criteria Applicability Compliance
(1) Provide landscaping that screen Yes. *Yes.
undesirable elements, such as
surface parking lots, and that
enhances space and architecture;
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(2) Building sites should locate Yes
service elements like trash
dumpster, loading docks, and
mechanical equipment away from
street front where possible. When
elements such as dumpsters,
utility meters, mechanical units and
service areas cannot be located away
from the street front they should be
situated and screened from view to
street and adjacent properties;
(3) Screen parking garage structures
with program uses. Where program
uses are not feasible soften the garage
structure with trellises, landscaping,
and/or other suitable design element.
VII) Signage and Lighting:
Yes.
Design Review Criteria Applicability
(1) Design signage appropriate for Yes.
the scale and character of the project
and immediate neighborhood;
(2) Provide lighting as a design feature Yes
to the building facade, on and around
landscape areas, special building or
site features, and/or signage;
*Yes.
*Yes.
Compliance
*Yes.
*Yes.
(3) Orient outside lighting to minimize Yes. *Yes.
glare to adjacent properties;
(4) Provide visible signage identifying Yes. *Yes.
building addresses at the entrance(s)
as a functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
Design Review Criteria Applicability Compliance
(1) Preserve existing vegetation and/or Yes. *Yes.
geological features whenever possible.
IX) Modification of Nonconformities:
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Design Review Criteria Applicability Compliance
(1) For modifications of nonconforming Yes. *Yes.
structures, no increase in the degree
of nonconformity shall be allowed;
(2) Modifications that conform to Yes. *Yes.
current regulations shall be designed
to conform to the scale and context of
the nonconforming structure.
*Compliance is subject to conditions.
Enactment Number: R-09-0267
These findings have been made by the City Commission to approve this project with conditions which
include:
(1) No outdoor speakers are allowed.
(2) All installed doors and windows must be soundproof.
(3) Any live music and disc jockeys shall play only if doors and windows are closed.
(4) Interior speakers must be directed to the interior of the establishment.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1 }
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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