HomeMy WebLinkAboutR-07-0248City of Miami
Legislation
Resolution: R-07-0248
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00076x Final Action Date: 4/26/2007
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 9, SECTION 917.7.2, REDUCTION IN PARKING REQUIREMENTS FOR
HOUSING FOR LOW INCOME FAMILIES AND INDIVIDUALS, TO ALLOW A
PARKING REDUCTION SO LONG AS AT LEAST 216 PARKING SPACES ARE
PROVIDED ON SITE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY
5600 NORTHEAST 4TH AVENUE AND 368 NORTHEAST 57TH STREET, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED IN ATTACHED "EXHIBIT A,"
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.10,
following an advertised public hearing, adopted Resolution No. ZB 06-1261 by a vote of five to zero
(5-0), DENYING the special exception as hereinafter set forth; and
WHEREAS, on November 17, 2006, Tony Recio, Esq., on behalf of Pinnacle Place LTD (the
"Applicant"), 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 9, Section
917.7.2, Reduction in Parking Requirements for Housing for Low Income Families and Individuals, to
allow a parking reduction so long as at least 216 parking spaces are provided on site, for the
properties located at approximately 5600 Northeast 4th Avenue and 368 Northeast 57th 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.
City of Miarni
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File Number: 05-00076x Enactment Number: R-07-0248
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:
I) Site and Urban Planning:
Design Review Criteria Applicability Compliance
(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
neighborhood context;
(3) Create a transition in
bulk and scale;
Yes. *Yes.
Yes. *Yes.
(4) Use architectural styles Yes. *Yes.
and details (such as roof
lines and fenestration),
colors and materials
derivative from surrounding
area;
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(5) Articulate the building Yes. *Yes.
facade 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 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 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 Compliance
(1) Design for pedestrian and Yes. *Yes.
vehicular safety to minimize
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conflict points;
(2) Minimize the number and Yes. *Yes.
width of driveways and curb
cuts;
(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.
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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.
conform to current regulations
shall be designed to conform
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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}
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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