The URL can be used to link to this page

Home My WebLink AboutCC Legislation (Version 3)y of ria Legislation Resolution File Number: 04-00081x - - City Hail 3500 Pan Ameiloan Drve. Miami, FL 33133 V,WW rnlarrugov.00m Final Action Date: A RESOLUTION OF THE MIAMI CITY COMIVIISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED 1N ORDINANCE NO. 11330, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, CONDITIONAL PRINCIPAL USES OF "C-2" LIBERAL COMMERCIAL, CONDITIONAL PRINCIPAL USES (12), TO ALLOW MULTIFAMILY RESIDENTIAL STRUCTURES OF A DENSITY EQUAL TO "R-3" OR HIGHER, IN THIS CASE "R-4", AND ARTICLE 9, SECTION 917,6, REDUCTION IN PARKING REQUIREMENTS FOR HOUSING FOR LOVV-INCOME FAMILIES AND INDIVIDUALS, TO ALLOW UP TO 50% PARKING REDUCTION, PROPOSED 194 PARKING SPACES, REQUIRED 265 PARKING SPACES, REQUEST TO WAIVE 71 PARKING SPACES (27% REDUCTION), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3650 NORTHWEST 36TH STREET, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS 1N 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 THE ISSUANCE OF A BUILDING PERMIT, 2) IRRESPECTIVE OF THE REDUCTION REQUESTED THROUGH THIS APPLICATION, AND PURSUANT TO SECTION 917.10 OF THE ZONING ORDINANCE, ALL RESIDENTS SHALL BE ASSIGNED AT LEAST ONE SPACE WITHOUT CHARGE, 3) APPLICANT SHALL PROVIDE NOT LESS THAN 229 PARKING SPACES. WHEREAS, the Miami Zoning Board at its meeting on April 9, 2007, Item No. Z.6, following an advertised public hearing, adopted Resolution No. ZB 07-0034 by a vote of four to two (4-2), GRANTING the special exception as hereinafter set forth; and WHEREAS, on April 24, 2007, Tony Recio, Esq., on behalf of Pinnacle Plaza, Ltd., 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 affirm 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: City of Miami. Page 1 of 6 Printed On: 7/6/2007 F/!e Number: 04-00081x Section 1, The recitals and findings contained in the Preamble to this Resoiution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The recommehdatn 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, Conditional Principle Uses of "C-2" Liberal Commercial, Conditional Principle Uses (1), to allow multifamily residential structures of a density equal to "R-3" or higher, in this case "R-4," and Art le 9. Section 917.6, Reduction in Parking Requirements for Housing for Low-Incorhe Families and Individuals, to allow up to 50% parking reduction, proposed 194 parking spaces, required 265 parking spaces, request to waive 71 parking spaces (27% reduction), for the property located at approximately 3650 Northwest 36th Street, Miami, Florida, legally 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, 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, 2) irrespective of the reduction requested through this application, and pursuant to Section 917.10 of the Zoning Ordinance, all residents shall be assigned at least one space without charge and 3) Applicant shall provide no less than 229 parking spaces. 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: 1) 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. 11) Architecture and Landscape Architecture: Design Review Criteria Applicability Compliance City of Miami Page 2 of Printed On: 7,76/2007 _File Number- 04-00081x (1) A project shall be Yes. *Yes. designed to comply with ail applicable landscape ordinances; (2) Respond to the Yes. *Yes. neighborhood context; (3) Create a transition in Yes. *Yes. bulk and scale; (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. ill) 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. bank 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 arid visible pedestrian access from the City of Miami Page 3 al 6 Printed On: 7/6/2007 F.;7e Number 04-00061x public sidewalk; (2) Landscaping, including Yes. plant material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. ‘4 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. service elements like trash dumpster, loading docks, and mechanical equipment away from street front where possible. When elements such as durnpsters, utility meters, mechanical units and service areas cannot be located away Cit.), of AI iaini Page 4 of 6 Printed On: 7/6/2007 Fife Number: 04-00081x 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) Signal:1e 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 Nonconforrnities: Cuy of Miwn Page 5 1'6 Printed On: 7/6/2007 Fife Number: 04-00a91 Design Review Criteria (1) For modifications of nonconforming structures, no increase in the degree of nonconformity shall be allowed; Applicability Yes, Compliance *Yes (2) Modifications that Yes. *Yes. conform to current regulations shall be designed to conform to the scale and context of the nonconforrning 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} 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. Ci ey of Miami Page 6 of 6 Printed On: 7/6/2007