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Home My WebLink AboutCC R-09-0202File Number: 09-00029xc Enactment Number: R-09-0202 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL,.AS LISTED IN ORDINANCE NO. 11000, AS. AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 612, "SD -12" SPECIAL BUFFER OVERLAY DISTRICTS, CONDITIONAL ACCESSORY USES, TO ALLOW A SURFACE PARKING LOT TO SERVE THE ABUTTING PROPERTY, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 550 NORTHWEST 42ND AVENUE AND 4227 NORTHWEST 5TH STREET, MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board, at its meeting on March 9, 2009, following an advertised public hearing, adopted Resolution No. ZB 09-0012 by a vote of seven to zero (7-0), Item no. Z,5, 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, 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 affirm 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 6, Section 612, SD -12 special buffer overlay districts, conditional accessory uses, to allow a surface parking lot to serve the abutting district, subject to all applicable criteria, for the properties located at approximately 550 Northwest 42nd Avenue and 4227 Northwest 5th 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 submitted by staff or others) to adhere to the following Design `Review Criteria subject to the any applicable conditions herein: City of Miami Page 1 of 5 R-09-0202 nA City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 *_ .•www.miamigov.com Certified Copy sof• ��✓J , File Number: 09-00029xc Enactment Number: R-09-0202 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL,.AS LISTED IN ORDINANCE NO. 11000, AS. AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 612, "SD -12" SPECIAL BUFFER OVERLAY DISTRICTS, CONDITIONAL ACCESSORY USES, TO ALLOW A SURFACE PARKING LOT TO SERVE THE ABUTTING PROPERTY, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 550 NORTHWEST 42ND AVENUE AND 4227 NORTHWEST 5TH STREET, MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board, at its meeting on March 9, 2009, following an advertised public hearing, adopted Resolution No. ZB 09-0012 by a vote of seven to zero (7-0), Item no. Z,5, 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, 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 affirm 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 6, Section 612, SD -12 special buffer overlay districts, conditional accessory uses, to allow a surface parking lot to serve the abutting district, subject to all applicable criteria, for the properties located at approximately 550 Northwest 42nd Avenue and 4227 Northwest 5th 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 submitted by staff or others) to adhere to the following Design `Review Criteria subject to the any applicable conditions herein: City of Miami Page 1 of 5 R-09-0202 File Number: 09-00029xc Enactment Number: R-09-0202 1) Site and Urban Planning: 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 N/A be oriented to the corner and public street fronts. I II) Architecture and Landscape Architecture: i 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 N/A (such as roof lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building facade N/A 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; N/A (2) Design facades that respond N/A primarily to the human scale; City of Miami Page 2 of 5 R-09-0202 r. Tile Number: 09-00029xe Enactment Number: R-09-0202 (3) Provide active, not blank facades. N/A 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 N/A allows for convenient and visible pedestrian access from the public. sidewalk; (2) Landscaping, including plant Yes. *Yes. Material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. V) Vehicular Access and Parking: Design Review Criteria Applicability Compliance (1) Design for pedestrian and Yes. Yes. vehicular safety to minimize conflict j 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. VO Screening: Design Review Criteria Applicability Compliance (1) Provide landscaping that screen Yes. *Yes. undesirable elements, such as surface parking lofts, and that enhances space and architecture; (2) Building sites should locate Yes. Yes. service elements like trash City of Miansi Page 3 of 5 R-09-0202 File Number: 09-00029xc Enactment Number: R-09-0202 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 N/A 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: Design Review Criteria Applicabilit (1) Design signage appropriate for N/A the scale and character of the project and immediate neighborhood; (2) provide lighting as a design feature N/A to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to minimize Yes glare to adjacent properties; (4) Provide visible signage identifying N/A building addresses at the•entrance(s) as a functional and aesthetic consideration. Vill) Preservation of Natural Features: 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 N/A structures, no increase in the degree of nonconformity shall be allowed; Compliance *Yes. Compliance *Yes, Compliance City. of Miand Page 4 of 5 R-09-0202 File Number: 09-00029xc (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, Enactment Number: R-09-0202 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 } Date: APRIL 23, 2009 Mover: COMMISSIONER REGALADO Seconder: COMMISSIONER SARNOFF Vote: AYES: 4 - COMMISSIONER SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES ABSENT: 'I -COMMISSIONER GONZALEZ Action: ADOPTED Date: APRIL 29, 2009 Action: SIGNED BY THE MAYOR I, Priscilla A. Thompson, City Clerk of the City of Miami, Florida.; and keeper of the records thereof, do hereby certify that.this constitutes a true and correct copy of Resolution No. R-09-0202, with attachments, passed by the City Commission on 4/23/2009. �z Clerk, Deputy Clerk (for P. A. Thompson, City Clerk) June 17, 2009 Date Certified {1} II 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 Miain.1 Page 5 of 5 XOM202 Exhibit "A" Legal Description for Special Exception Sots 5, 6, 7, 8, 10, and Sot 9 'less the East 15 feet thereof, Block 2, GOLF COURSE PARK-, according to the -Plat thereof, as recorded in Plat Book 43 at Page 3 of the Public Records of M.iatni-Dade County, Florida, Rev, 09.04-07 4