HomeMy WebLinkAboutLegislation (Version 2)File Number: 09-00393xc
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov,com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A SPECIAL EXCEPTION REQUIRING CITY COMMISSION
APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION
401, UNDER CONDITIONAL PRINCIPAL USES (4) OF R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL, TO ALLOW HEALTH CLINICS IN THE R-3
DISTRICT, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 211, 217 AND 229 NORTHWEST 15TH STREET
AND 226 NORTHWEST 16TH STREET, MIAMI, FLORIDA.
WHEREAS, the Miami Zoning Board, at its meeting on May 18, 2009, following an advertised
public hearing, adopted Resolution No. ZB-R-09-0032 by a vote of six to zero (6-0), Item No. Z.4,
recommending approval of a Special Exception requiring City Commission approval as set forth; and
WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of
Miami, Florida, requires City Commission approval of the Special Exception as hereinafter set forth;
and
WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding
the decision of the Zoning Board, finds the application for the Special Exception 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 reverse the decision of the
Zoning Board and grant the Special Exception 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 approve the Special Exception as listed in
Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401,
under "Conditional Principal Uses (4)" of "R-3 Multifamily Medium -Density Residential', to allow health
clinics in the R-3 District, subject to all applicable criteria, for the properties located at approximately
211, 217 and 229 Northwest 15th Street and 226 Northwest 16th Street, Miami, Florida, legally
described in attached "Exhibit A," pursuant to plans on file and subject to a time limitation of twelve
(12) months in which a building permit must be obtained, and the Special Exception 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
City of Miami Page I of 5 Printed On: 6/9/2009
City of Miami
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Legislation
Resolution
File Number: 09-00393xc
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov,com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A SPECIAL EXCEPTION REQUIRING CITY COMMISSION
APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION
401, UNDER CONDITIONAL PRINCIPAL USES (4) OF R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL, TO ALLOW HEALTH CLINICS IN THE R-3
DISTRICT, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 211, 217 AND 229 NORTHWEST 15TH STREET
AND 226 NORTHWEST 16TH STREET, MIAMI, FLORIDA.
WHEREAS, the Miami Zoning Board, at its meeting on May 18, 2009, following an advertised
public hearing, adopted Resolution No. ZB-R-09-0032 by a vote of six to zero (6-0), Item No. Z.4,
recommending approval of a Special Exception requiring City Commission approval as set forth; and
WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of
Miami, Florida, requires City Commission approval of the Special Exception as hereinafter set forth;
and
WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding
the decision of the Zoning Board, finds the application for the Special Exception 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 reverse the decision of the
Zoning Board and grant the Special Exception 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 approve the Special Exception as listed in
Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401,
under "Conditional Principal Uses (4)" of "R-3 Multifamily Medium -Density Residential', to allow health
clinics in the R-3 District, subject to all applicable criteria, for the properties located at approximately
211, 217 and 229 Northwest 15th Street and 226 Northwest 16th Street, Miami, Florida, legally
described in attached "Exhibit A," pursuant to plans on file and subject to a time limitation of twelve
(12) months in which a building permit must be obtained, and the Special Exception 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
City of Miami Page I of 5 Printed On: 6/9/2009
File Number.' 09-00393xc
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:
Design Review Criteria Applicability
(1) Respond to the physical contextual Yes.
environment taking into consideration
urban form and natural features;
(2) Sitting should minimize the impact Yes
of automobile parking and driveways
on the pedestrian environment and
adjacent properties;
(3) Buildings on corner lots should N/A.
be oriented to the corner and public
street fronts.
II) Architecture and Landscape Architecture:
Design Review Criteria Applicability
(1) A project shall be designed to Yes.
comply with all applicable landscape
ordinances;
(2) Respond to the neighborhood Yes
context;
(3) Create a transition in bulk and Yes
scale; ,
(4) Use architectural styles and details Yes
(such as roof lines and fenestration),
colors and materials derivative from
surrounding area;
(5) Articulate the building facade Yes
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
1II_) Pedestrian Oriented Development:
Compliance
Yes.
Yes.
Compliance
Yes.
Yes.
Yes.
Yes.
Yes.
Design Review Criteria Applicability Compliance
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File Number.' 09-00393xc
(1) Promote pedestrian interaction; Yes. Yes.
(2) Design facades that respond Yes. Yes.
primarily to the human scale;
(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 N/A.
vehicular safety to minimize conflict
points;
(2) Minimize the number and width N/A.
of driveways and curb cuts;
(3) Parking adjacent to a street front N/A.
should be minimized and where
possible should be located behind
the building;
(4) Use surface parking areas as N/A.
district buffer.
VI) Screening:
Design Review, Criteria Applicability Compliance
(1) Provide landscaping that screen N/A.
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File Number.• 09-00393xc
undesirable elements, such as
surface parking lots, and that
enhances space and architecture;
(2) Building sites should locate
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
N/A.
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;
(3) Orient outside lighting to minimize N/A.
glare to adjacent properties;
Yes.
Compliance
*Yes.
Yes.
(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 N/A.
geological features whenever possible.
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File Number.' 09-00393xc
IX) Modification of Nonconformities:
Desiqn Review Criteria Applicability Compliance
(1) For modifications of nonconforming N/A.
structures, no increase in the degree
of nonconformity shall be allowed;
(2) Modifications that conform to N/A.
current regulations shall be designed
to conform to the scale and context of
the nonconforming structure.
*Compliance is subject to conditions.
These findings have been made by the City Commission to approve this project with conditions.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1)
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU
CITY ATTORNEY
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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