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Resolution: R-10-0173
File Number: 08-01084xc
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/22/2010
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 6, SECTION 612,
"SD -12" SPECIAL BUFFER OVERLAY DISTRICTS, CONDITIONAL ACCESSORY
USES, TO ALLOW SURFACE PARKING TO SERVE ABUTTING DISTRICT,
SUBJECT TO ALL APPLICABLE CRITERIA; WITH A TIME LIMITATION OF TWELVE
(12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO
CONDITIONS, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2508,
2524, 2534, 2538, 2590, 2600, 2610 AND 2620 SOUTHWEST 5TH STREETAND
THREE UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS
01-4103-037-0280, 01-4103-037-0430 AND 01-4103-037-0431, MIAMI, FLORIDA.
WHEREAS, the Miami Zoning Board, at its meeting on April 12, 2010, following an advertised
public hearing, adopted Resolution No. ZB-R-10-022 by a vote of five to zero (5-0), item no. Z.1,
recommending APPROVAL with a condition that the applicant shall provide a revised landscape plan
showing separation between the turn around access way and the existing building and separation
between the parking row and the existing building on the west and south side of the proposed parking
lot and that the proposed hedge species and quantity is clearly indicated on the plan prior to the
issuance of any building permits, 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 with a condition the Special Exception as
listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6,
Section 6, 612, "SD -12" Special Buffer Overlay Districts, to allow surface parking to serve abutting
district, subject to all applicable criteria, for the properties located at approximately 2508, 2524, 2534,
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File Number: 08-01084xc
Enactment Number: R-10-0173
2538, 2590, 2600, 2610 and 2620 SW 5th Street and three unassigned addresses, having Folio
Numbers 01-4103-037-0280, 01-4103-037-0430 and 01-4103-037-0431, 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, subject to conditions, 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:
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.
11) 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 N/A.
(such as roof lines and fenestration),
colors and materials derivative from
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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
(1) Promote pedestrian interaction; N/A.
(2) Design facades that respond N/A.
primarily to the human scale;
(3) Provide active, not blank facades. N/A.
Where blank walls are unavoidable,
they should receive design treatment.
IV) Streetscape and Open Space:
Compliance
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
(1) Design for pedestrian and Yes.
vehicular safety to minimize conflict
points;
(2) Minimize the number and width Yes
of driveways and curb cuts;
(3) Parking adjacent to a street front N/A.
Compliance
Yes.
Yes.
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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;
(2) Building sites should locate N/A.
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 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 Applicability Compliance
(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 N/A.
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glare to adjacent properties;
(4) Provide visible signage identifying N/A.
building addresses at the entrance(s)
as a functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
Design Review Criteria Applicability
(1) Preserve existing vegetation and/or N/A.
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;
(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.
Compliance
Compliance
Enactment Number: R-10-0173
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 }
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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