HomeMy WebLinkAboutCC 10-25-07 Legislation (Version 7)File Number 04-01208
City
of Miami
Legislation
C4 Haig
3500 Pan Arnericar,
Drive
Miami, FL 33133
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Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL BY MORNINGSIDE CIVIC ASSOCIATION, INC. AND
ROD ALONSO, RON ST BBINS, SCOTT CRAWFORD AND ELVIS CRUZ,
REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING
THE CLASS 11 SPECIAL PERMIT APPLICATION NO. 03-0309, ISSUED BY THE
PLANNING DIRECTOR ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION,
LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI,
FLORIDA.
WHEREAS, the Miami Zoning Board at its meeting on July 9, 2007, Item No. 7, adopted
Resolution No. ZB 07-0069 by a vote of five to zero (5-0), to allow the City Commission to consider the
decision issued on Class 11 Special Permit Application No. 03-309 by the Planning Director on July 21,
2004, and
WHEREAS, an appeal of the Zoning Board decision was filed by Morningside Civic Association,
Inc., Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz; and
WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding
the recommendation of the Zoning Board, finds the Class 11 Special Permit does not 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 decisjon of the Zoning Board and Planning Director and deny the Class it 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 appeal by Morningside Civic
Association, Inc., Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz, pursuant to the Class 11
Special Permit application no. 03-0309 issued by the Planning Director on July 9, 2007, to allow new
construction for the property located at approximately 5101 Biscayne Boulevard, Miami, Florida, as
legally described in attached "Exhibit A," is reversed and the Class 11 Special Permit is denied. The
appeal 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 plats aspects of
the project that have been found by the City Commission (based upon facts and reports prepared or
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submitted by staff or others) to adhere to the following Design Review Criteria subject to the any
applicable conditions herein:
Design Review Criteria Appli.ca Compliance
(1) Respond to the physical Yes. *Yes,
contextual environment taking
into consideration urban fora
and natural features;
(2) Sitting should minimize the Yes.
impact of automobile parking
and driveways on the
pedestrian environment
and adjacent properties;
(3) Buildings on corner Yes.
lots should be oriented to
the corner and public
street fronts.
ilii Architecture and Landscape Architecture:
®esian Review Criteria
(1) A project shall be
designed to comply with
all applicable landscape
ordinances;
(2) Respond to the
neighborhood context;
(3) Create a transition in
bulk and scale;
(4) Use architectural styles
and details (such as roof
lines and fenestration),
colors and materials
derivative from surrounding
area;
(5) Articulate the building
facade vertically and
horizontally in intervals that
conform to the existing
Applicability
Yes.
Yes.
Yes.
Yes.
Yes.
*Yes.
WIM
Compliance
"Yes.
*Yes.
*Yes.
*Yes.
*Yes.
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structures in the vicinity.
Design Review Criteria glicabilit Compliance
(1) Promote pedestrian Yes. *Yes.
interaction;
(2) Design facades that Yes, *Yes.
respond primarily to the
human scale-,
(3) Provide active, not Yes, *Yes,
blank facades. Where
blank walls are
unavoidable, they should
receive design treatment.
IV) Streetscape and ®pen Space:
Desiqn.Review Criteria Applicability Compliance
(1) Provide usable open Yes. *Yes.
space that allows for
convenient and visible
pedestrian access from the
public sidewalk;
(2) Landscaping, including Yes. *Yes.
plant material, trellises,
special pavements, screen
walls, planters and similar
features should be
appropriately incorporated
to enhance the project.
V) Vehicular Access and Parkin
Design Review., Criteria Applicability Compliance
(1) Design for pedestrian and Yes. *Yes.
vehicular safety to minimize
conflict points;
(2) Minimize the number and Yes. *Yes.
width of driveways and curb
cuts-,
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(3) Parking adjacent to a street Yes. *Yes.
front should be minimized and
where possible should be
located behind the building,
(4) Use surface parking areas Yes.
as district buffer.
rm"I
Design Review Criteria Applicability
(1) Provide landscaping that Yes,
screen undesirable elements,
such as surface parking lots,
and that enhances space and
architecture;
(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
proper -ties;
(3) Screen parking garage Yes.
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:
Design Review Criteria Applicability
(1) Design signage appropriate Yes.
for the scale and character of
the project and immediate
neighborhood-,
*Yes.
Compliance
*Yes.
*Yes.
*Yes.
Compliance
*Yes.
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(3) Orient outside lighting to Yes.
minimize glare to adjacent
properties:
(4) Provide visible signage Yes.
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
(Villi Preservation of Natural Features:
Desi-qn Review Criteria Applicability
(1) Preserve existing vegetation Yes.
and/or geological features
whenever possible.
JIX ) Modification of Nonconformities:
Design Review -Criteria Applicability
(1) For modifications of Yes.
nonconforming structures,
no increase in the degree
of nonconformity shall be
allowed;
(2) Modifications that Yes.
conform to current regulations
shall be designed to conform
to the scale and context of
the nonconforming structure.
*Compliance is subject to conditions.
'Yes.
*Yes.
Compliance
*Yes.
Compliance
*Yes.
*Yes.
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. {I}
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APPROVED AS TO FORM AND CORRECTNJESq��
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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