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HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33 133 www.miamigov.corn File Number: 06-01239x Final Action Date: A RESOLUTION OF THE MIAMi CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A SUPPER CLUB IN "C-1 ", FOR THE PROPERTY LOCATED AT APPROXIMATELY 28 NORTHEAST 40TH STREET, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting on November 13, 2006, Item No. Z.4, following an advertised public hearing, adopted Resolution No. ZB 06-1260, by a vote of 3 to 3 (3-3), DENYING the special exception as hereinafter set forth, due to the failure to obtain the majority of votes; and WHEREAS, on November 22, 2006, Louis Terminello, Esq., timely filed an appeal of the decision of the Zoning Board; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the recommendation of the Zoning Board, finds the application for the Special Exception meets 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 recommendation 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 recommendation of the Zoning Board to deny the Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, to allow a supper club in "C-1 ", for the property located at approximately 28 Northeast 40th Street, Miami, Florida, more particularly 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, is reversed, 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 City of Miami Page 1 of 6 Printed On: 2/1/2007 File Number 06-0o 239x submitted by staff or others) to adhere to the following Design Review Criteria subject to the any applicable conditions herein: !) Site and Urban Planning: Design Review Criteria Applicability Co lance (1) Respond to the physical Yes. *Yes. contextual environment taking into consideration urban form and natural features; (2) Sitting should minimize the Yes. *Yes. impact of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner Yes. *Yes. lots should be oriented to the corner and public street fronts. II) Architecture and Landscape Architecture: Design Review Criteria Applicability Compliance (1) A project shall be Yes. *Yes. designed to comply with all applicable landscape ordinances; (2) Respond to the Yes. neighborhood context; (3) Create a transition in Yes. bulk and scale; (4) Use architectural styles Yes. and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; *Yes. *Yes. *Yes. (5) Articulate the building Yes. *Yes. facade vertically and horizontally in intervals that conform to the existing City of Miami Page 2 of 6 Printed On: 2/1/2007 File Number: 06-01239x structures in the vicinity. III) Pedestrian Oriented Development: Design Review Criteria Applicability (1) Promote pedestrian Yes. interaction; Compliance *Yes. (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 Open Space: Design 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 Parking: Design Review Criteria Applicability (1) Design for pedestrian and Yes. vehicular safety to minimize conflict points; Compliance *Yes. (2) Minimize the number and Yes. *Yes. width of driveways and curb cuts; City of Miami Page 3 of 6 Printed On: 2/1/2007 File Number: 06-01239x (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. *yes. as district buffer. VI) Screening: Design Review Criteria Applicability Compliance (1) Provide landscaping that Yes. *Yes. 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 feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. Vil) 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; City of Miami Page 4 of 6 Printed On: 2/1/2007 Fife Number: 06-01239x (2) Provide fighting 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 (1) Preserve existing vegetation Yes. and/or geological features whenever possible. IX} Modification of Nonconformities: Design Review Criteria Applicability (1) For modifications of Yes. nonconforming structures, no increase in the degree of nonconformity shall be allowed; Compliance *Yes. Compliance *Yes. (2) Modifications that Yes. *Yes. 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 approve this project with conditions. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} City of Miami Page 5 of 6 Primed On: 2/1/2007 File Number: 06-01239x APPROVED AS TO FORM AND CORRECTNESS JORGE L. FERNANDEZ 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 6 of 6 Printed On: 2/1/2007