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Home My WebLink AboutR-07-0547City of Miami Legislation Resolution: R-07-0547 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00388xc Final Action Date: 9/27/2007 A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES (4), TO ALLOW A MEDICAL OFFICE WITH APPROXIMATELY 5,812 SQUARE FEET, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3065-67 WEST FLAGLER STREET, MIAMI, FLORIDA; SUBJECT TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED; SUBJECT TO THE FOLLOWING CONDITIONS: 1) THE PROPOSED FACILITY SHALL BE LIMITED TO OUTPATIENTS ONLY WITH NO OVERNIGHT STAY; 2) A COMPLETE NEW LANDSCAPE PLAN, WITH SPECIFICATIONS, INCLUDING IRRIGATION AND ILLUMINATION MUST BE SUBMITTED FOR REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS; AND 3) PLAN OF THE EXISTING AND PROPOSED FACADES, SIGN SPECIFICATIONS AND PAINT COLOR SAMPLES SHALL BE SUBMITTED FOR THE REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS. WHEREAS, the Miami Zoning Board, at its meeting on July 9, 2007, Item No. Z.9, following an advertised public hearing, adopted Resolution No. ZB 07-0065 by a vote of eight to zero (8-0), recommending APPROVAL with conditions, of a Special Exception requiring City Commission approval as set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, requires City Commission approval of the Special Exception as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the decision of the Zoning Board, finds that 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 decision 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 decision of the Zoning Board to grant the Special Exception with conditions is affirmed and the Special Exception granted, as listed in Ordinance No. 11000, as amended, the City of Miami Page 1 of 6 File Id: 07-00388xc (Version: 2) Printed On: 4/14/2017 File Number: 07-00388xc Enactment Number: R-07-0547 Zoning Ordinance of the City of Miami, Article 4, Section 401, "R-3" Multifamily Medium -Density Residential, Conditional Principal Uses (4), to allow a medical office with approximately 5,812 square feet, for the properties located at approximately 3065-67 West Flagler 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 and subject to the following conditions: 1) The proposed facility shall be limited to outpatients only with no overnight stay; 2) A complete new landscape plan, with specifications, including irrigation and illumination must be submitted for review and approval by the Planning Department prior to the issuance of any building permits; and 3) Plan of the existing and proposed facades, sign specifications and paint color samples shall be submitted for the review and approval by the Planning Department prior to the issuance of any building permits. 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 Yes. *Yes. City of Miami Page 2 of 6 File Id: 07-00388xc (Version: 2) Printed On: 4/14/2017 File Number: 07-00388xc Enactment Number: R-07-0547 neighborhood context; (3) Create a transition in bulk and scale; 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. 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 City of Miami Page 3 of 6 File Id: 07-00388xc (Version: 2) Printed On: 4/14/2017 File Number: 07-00388xc Enactment Number: R-07-0547 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. 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; City of Miami Page 4 of 6 File Id: 07-00388xc (Version: 2) Printed On: 4/14/2017 File Number: 07-00388xc Enactment Number: R-07-0547 (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: 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, City of Miami Page 5 of 6 File Id: 07-00388xc (Version: 2) Printed On: 4/14/2017 File Number: 07-00388xc Enactment Number: R-07-0547 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: 07-00388xc (Version: 2) Printed On: 4/14/2017