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Home My WebLink AboutCC Legislation (Version 2)File Number: 09-01019xc 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 OF "PR" PARKS, RECREATION AND OPEN SPACE (2), TO ALLOW SUPPORTING SOCIAL AND ENTERTAINMENT SERVICES FOR THE MUSEUM PARK MIAMI (SUCH AS RESTAURANTS, CAFES AND RETAIL), WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board, at its meeting on October 19, 2009, following an advertised public hearing, adopted Resolution No. ZB-R-09-0059 by a vote of six to three (6-3), item no. Z.8, 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 recommend approval to the City Commission of 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 of PR parks, recreation and open space (2), to allow supporting social and entertainment services to the Museum Park Miami (such as restaurants, cafes and retail), for the property located at approximately 1075 Biscayne Boulevard, 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: City of Miami Page 1 of 5 Printed On: 10128/2009 City of Miami City Hall 3500 Pan American - f 'x�°ia 9AA EG4� £ Legislation Drive Miami, FL 33133 www.miamigov.com Resolution File Number: 09-01019xc 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 OF "PR" PARKS, RECREATION AND OPEN SPACE (2), TO ALLOW SUPPORTING SOCIAL AND ENTERTAINMENT SERVICES FOR THE MUSEUM PARK MIAMI (SUCH AS RESTAURANTS, CAFES AND RETAIL), WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board, at its meeting on October 19, 2009, following an advertised public hearing, adopted Resolution No. ZB-R-09-0059 by a vote of six to three (6-3), item no. Z.8, 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 recommend approval to the City Commission of 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 of PR parks, recreation and open space (2), to allow supporting social and entertainment services to the Museum Park Miami (such as restaurants, cafes and retail), for the property located at approximately 1075 Biscayne Boulevard, 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: City of Miami Page 1 of 5 Printed On: 10128/2009 File Number.• 09-01019xc 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: 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 Yes. 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. Compliance *Yes. *Yes. *Yes. Compliance *Yes. *Yes. *Yes. *Yes. *Yes. City of Miami Page 2 of 5 Printed On: 10/28/2009 File Number: 09-01019xc 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; (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: City of Miami Page 3 of 5 Printed On: 10/28/2009 File Number.• 09-01019xc 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; (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. *Yes. 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. Compliance *Yes. *Yes. (3) Orient outside lighting to minimize Yes. *Yes. glare to adjacent properties; (4) Provide visible signage identifying Yes building addresses at the entrance(s) as a functional and aesthetic consideration. VIII) Preservation of Natural Features: *Yes. City of Miami Page 4 of 5 Printed On: 10/28/2009 File Number.' 09-01019xc Design Review Criteria Applicability (1) Preserve existing vegetation and/or Yes. geological features whenever possible. IX) Modification of Nonconformities: Design Review Criteria Applicability (1) For modifications of nonconforming Yes. structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform to Yes current regulations shall be designed to conform to the scale and context of the nonconforming structure. *Compliance is subject to conditions. Compliance *Yes. Compliance *Yes. *Yes. b. Pursuant to Section 1305.3. of the Zoning Ordinance, the use and occupancy of the proposed project have been found by the City Commission to adhere to other specific consideration(s) set forth in the zoning ordinance, the City Code, and other applicable regulation(s). c. Pursuant to 1305.3.1. of the Zoning Ordinance, the adequacy of the manner in which the proposed use will operate, given its specific location and proximity to less intense uses, has been found by the City Commission to adhere to other specific consideration(s) set forth in the zoning ordinance, the City Code and other applicable regulation(s), with particular consideration given to protecting the residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts, and the spillover effect of light. 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. City of Miami Page 5 of 5 Printed On: 10128/2009