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Home My WebLink AboutCC Fully-Executed Legislation (Version 10)[,1N o , A'''t_ City of Miami d""'I314A'� Legislation Resolution File Number: 04-01208 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), GRANTING THE APPEAL BY MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING THE CLASS II 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 II 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 including legal argument of counsel for the respective parties, and the evidence presented at the Zoning Board, and notwithstanding the decision of the Zoning Board, finds the Class II 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 decision of the Zoning Board and Planning Director and deny the Class II Special Permit in presented as hereinafter set forth; WHEREAS, the City Commission has made certain written findings and determinations based on the provisions of §1305 of the Zoning Ordinance, which provide, in part, that conditional approvals may be denied when certain conditions are required in order for special permits to be found in compliance with all applicable criteria are not met, and they have been used to deny the Class II Special Permit when the application for this new construction does not meet the criteria and standards required under §1305 of the Zoning Ordinance; and, WHEREAS, the City Commission is charged with the ultimate responsibility for the issuance, issuance with conditions or denial of this special permit based upon the provisions of Chapter 13 of the Zoning Ordinance has the authority to deny any such special permit which does not comply within such criteria and standards, as provided by the Zoning Ordinance in the particular case; 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 City of Allam Page I of 6 File Id: 04-01208 (!Version: 10) Printed On: 4/13/2010 File Number: 04-01208 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 II 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 II Special Permit is reversed. The appeal is granted, Section 3. The findings and determinations 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 (this decision is based upon the record from the Zoning Board and arguments of counsel) to adhere or not adhere, as applicable, 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 Yes. contextual environment taking into consideration urban form 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. (II) Architecture and Landscape Architecture: Compliance *No. *No. *No. Design Review Criteria Applicability Compliance (1) A project shall be Yes. *No. designed to comply with all applicable landscape ordinances; (2) Respond to the Yes. *No. neighborhood context; City of Mianu Page 2 of 6 File Id: 04-01208 (Version: 10) Printed On: 411312010 File Number. 04-01208 (3) Create a transition in Yes. *No. bulk and scale; (4) Use architectural styles Yes. and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building Yes. facade vertically and horizontally in intervals that conform to the existing structures in the vicinity. (III) Pedestrian Oriented Development: Desiqn Review Criteria Applicability (1) Promote pedestrian Yes. interaction; (2) Design facades that Yes. respond primarily to the human scale; (3) Provide active, not Yes. blank facades. Where blank walls are unavoidable, they should receive design treatment. (IV) Streetscape and Open Space: Desian Review Criteria (1) Provide usable open space that 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 Applicability Yes. Yes. *No. *Yes. Compliance *No. *No. *Yes. Compliance *No. *Yes. City of Miami Page 3 of 6 File Id: 04-01208 ([version: 10) Printed On: 411312010 File Number. 04-01208 to enhance the project. (V) Vehicular Access and Parking: Design Review Criteria Applicability (1) Design for pedestrian and Yes. vehicular safety to minimize conflict points; (2) Minimize the number and Yes. width of driveways and curb cuts; (3) Parking adjacent to a street Yes front should be minimized and where possible should be located behind the building; Compliance *Yes. *Yes. *Yes. (4) Use surface parking areas Yes. *No. as district buffer. (VI) Screening: Design Review Criteria Applicability Compliance (1) Provide landscaping that Yes. *No. screen undesirable elements, such as surface parking lots, and that enhances space and architecture; (2) Building sites should locate Yes. *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 properties; (3) Screen parking garage Yes. *Yes. structures with program uses. Where program uses are not City of Miami Page 4 of 6 File Id. 04-01208 (Version: 10) Printed On: 4/13/2010 File Number 04-01208 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 Yes. *Yes. for the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design Yes. *Yes. feature to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to Yes. *Yes. minimize glare to adjacent properties; (4) Provide visible signage Yes. *Yes. identifying 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 Yes. *Yes. and/or geological features whenever possible. (IX) Modification of Nonconformities: Design Review Criteria Applicability Compliance (1) For modifications of Yes. *Yes, nonconforming structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that Yes. *Yes. City of Miand Page 5 of 6 File Id: 04-01208 (Version: 10) Printed On: 4/13/2010 File Number: 04-01208 conform to 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 deny this project as presented based upon the criteria, standards, findings, determination and reasons referenced herein. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1 } APPROVED AS TO FORM AND CORRECTNES`- 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 Munni Page 6 of 6 File Id. 04-01208 (Version: 10) Printed On: 4/13/2010