The URL can be used to link to this page

Home My WebLink AboutR-07-0422City of Miami Legislation Resolution: R-07-0422 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-00417x1 Final Action Date: 7/26/2007 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD AND REMOVING THE CONDITION THAT APPLICANT PROVIDE AN ADDITIONAL 24 PARKING SPACES ON SITE AND ADDING CONDITIONS 3, 4, AND 5 BELOW, THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.6, REDUCTION IN PARKING REQUIREMENTS FOR HOUSING FOR LOW-INCOME FAMILIES AND INDIVIDUALS, TO WAIVE 72 OF THE REQUIRED 216 PARKING SPACES, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 244 AND 246 NORTHWEST 72ND TERRACE, MIAMI, FLORIDA AND SUBJECT TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS: 1) THE APPLICANT SHALL PRESENT FINAL DESIGN DETAILS ON THE FACADES, INCLUDING COLOR, SIGNS AND MATERIALS FOR REVIEW AND APPROVAL BY THE PLANNING DIRECTOR PRIOR TO THE ISSUANCE OF A BUILDING PERMIT AND 2) THE APPLICANT SHALL ENSURE THAT THE PARKING SPACES ARE PROVIDED FOR THE RESIDENCES AT NO EXTRA CHARGE OR RENT TO ENSURE THAT THEY ARE UTILIZED AND THE VEHICLES DO NOT PARK ON THE ADJACENT STREETS UNTIL ALL THE SPACES IN THE GARAGE ARE USED AND 3) THE REQUIRED PARKING SPACES SHALL BE LOCATED ON A SITE WITHIN 55 FEET OF THE SITE OF THE MAIN RESIDENTIAL STRUCTURE AND 4) APPLICANT SHALL SUBMIT A UNITY OF TITLE FOR THE RESIDENTIAL BUILDING AND THE PARKING STRUCTURE TO TIE THE PROPERTIES TOGETHER AND 5) APPLICANT SHALL CONSTRUCT 24 OFFSITE PARKING SPACES ON N.W. 72ND TERRACE. WHEREAS, the Miami Zoning Board at its meeting on March 26, 2007, Item No. Z.3, following an advertised public hearing, adopted Resolution No. ZB 07-0025 by a vote of five to three (5-3), GRANTING with conditions the Special Exception as hereinafter set forth; and WHEREAS, on April 9, 2007, Adrienne Pardo, Esq., on behalf of Emerald Terrace Limited Partnership, timely filed an appeal of the decision of the Zoning Board with reference to the additional condition of providing twenty-four additional parking spaces (on their own property) subject to compliance; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the recommendation of the Zoning Board, finds the additional condition of the Special Exception does 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 reverse the recommendation of the Zoning Board and grant the Special Exception as hereinafter set forth; City of Miami Page 1 of 6 File Id: 06-00417x1 (Version: 5) Printed On: 4/6/2017 File Number: 06-00417x1 Enactment Number: R-07-0422 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 grant the Special Exception is affirmed, removing the condition that applicant provide 24 additional parking spaces onsite and adding conditions 3, 4, and 5 as stated herein, and the Special Exception granted as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 917.6, Reduction in Parking Requirements for Housing for Low -Income Families and Individuals, to waive 72 of the required 216 parking spaces, for the properties located at approximately 244 and 246 Northwest 72nd Terrace, Miami, Florida, legally described in attached "Exhibit A," and subject to a time limitation of twelve (12) months in which a building permit must be obtained, subject to the following conditions: 1) The Applicant shall present final design details on the facades, including color, signs and materials for review and approval by the Planning Director prior to the issuance of a building permit and 2) The Applicant shall ensure that the parking spaces are provided for the residences at no extra charge or rent to ensure that they are utilized and the vehicles do not park on the adjacent streets until all the spaces in the garage are used and 3) The required parking spaces shall be located on a site within 55 feet of the site of the main residential structure and 4) Applicant shall submit a Unity of Title for the residential building and the parking structure to tie the properties together and 5) Applicant shall construct 24 offsite parking spaces on N.W. 72nd Terrace. 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 lots should be oriented to Yes. *Yes. City of Miami Page 2 of 6 File Id: 06-00417x1 (Version: 5) Printed On: 4/6/2017 File Number: 06-00417x1 Enactment Number: R-07-0422 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; (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: 06-00417x1 (Version: 5) Printed On: 4/6/2017 File Number: 06-00417x1 Enactment Number: R-07-0422 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; City of Miami Page 4 of 6 File Id: 06-00417x1 (Version: 5) Printed On: 4/6/2017 File Number: 06-00417x1 Enactment Number: R-07-0422 (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. 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. City of Miami Page 5 of 6 File Id: 06-00417x1 (Version: 5) Printed On: 4/6/2017 File Number: 06-00417x1 Enactment Number: R-07-0422 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 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. City of Miami Page 6 of 6 File Id: 06-00417x1 (Version: 5) Printed On: 4/6/2017