The URL can be used to link to this page

Home My WebLink AboutR-07-0249City of Miami Legislation Resolution: R-07-0249 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-01066x Final Action Date: 4/26/2007 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING 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, TO ALLOW MULTIFAMILY RESIDENTIAL STRUCTURES OF A DENSITY EQUAL TO "R-3" OR HIGHER, IN THIS CASE, "R-4" FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5211 NORTHWEST 17TH AVENUE, 1629 NORTHWEST 52ND STREET AND 1630-1640 NORTHWEST 53RD STREET MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," SUBJECT TO CONDITIONS BY THE PLANNING DEPARTMENT AND THE CITY COMMISSION AS STATED; 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 September 25, 2006, Item No. Z.4, adopted Resolution No. ZB 06-1232 by a vote of five to one (5-1), GRANTING a special exception as hereinafter set forth; and WHEREAS, on October 6, 2006, Herschel Haynes, on behalf of the Hadley Park/Model City Homeowners Association, 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 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 affirm the recommendation of the Zoning Board and grant the Special Exception, with conditions, 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 City Commission denies the appeal and affirms the decision of the Zoning Board to grant 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 Multifamily Residential Structures of a density equal to "R-3" or higher, in this case, "R-4" for the properties located at approximately 5211 Northwest 17th Avenue, 1629 Northwest 52nd Street and 1630-1640 Northwest 53rd Street, Miami, Florida, more particularly described in "Exhibit A," attached and incorporated, subject to the City of Miami Page 1 of 6 File Id: 06-01066x (Version: 5) Printed On: 3/28/2017 File Number: 06-01066x Enactment Number: R-07-0249 following conditions by the Planning and Zoning Department: 1) The Applicant shall present all final design details, including but not limited to, architectural plans, site plan elevations and floor plans for review and approval by the planning department prior to the issuance of any building permits which clearly show how the final project will respond to a better transition to its neighborhood context and how the articulation of the facades, scale and massing will be reconfigured in order to determine the impact to the surrounding area stipulated under section 1305 of the Zoning Ordinance and 2) The Applicant shall present a recorded declaration of covenants and restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner and/or a mandatory property owner association. in addition, the applicant is required to record in the public records a unity of title or covenant in lieu of a unity of title before the issuance of a shell permit; pursuant to plans on file and subject further to a time limitation of twelve (12) months in which a building permit must be obtained. Section 3. In addition, the City Commission imposes the following conditions upon the applicant: a. The project shall be developed as housing for the elderly. b. If tax credits are not granted to the Developer, the Special Exception approval shall be reconsidered by the City Commission. c. The Developer will provide retail space on the ground floor. Section 4. 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 City of Miami Page 2 of 6 File Id: 06-01066x (Version: 5) Printed On: 3/28/2017 File Number: 06-01066x Enactment Number: R-07-0249 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; (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. City of Miami Page 3 of 6 File Id: 06-01066x (Version: 5) Printed On: 3/28/2017 File Number: 06-01066x Enactment Number: R-07-0249 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 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. City of Miami Page 4 of 6 File Id: 06-01066x (Version: 5) Printed On: 3/28/2017 File Number: 06-01066x Enactment Number: R-07-0249 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. 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: City of Miami Page 5 of 6 File Id: 06-01066x (Version: 5) Printed On: 3/28/2017 File Number: 06-01066x Enactment Number: R-07-0249 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 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 5. 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. City of Miami Page 6 of 6 File Id: 06-01066x (Version: 5) Printed On: 3/28/2017