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Home My WebLink AboutLegislation (Version 2)ity of is Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.rniarrilgov.cam File Number; O7-00791xc Final action Date: A RESOLUTION OF THE WHAM! 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 9, SECTION 949.3. REQUIREMENTS, LIMITATIONS STANDARDS AND CRITERIA FOR REVIEW OF PERSONAL WIRELESS SERVICE FACILITIES WITHIN SPECIFIED ZONING DISTRICT, TO ALLOW MODIFICATION TO AN EXISTING FREESTANDING/MONOPOLE FACILITY BY CITY COMMISSION APPROVAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 145 NORTHEAST 20TH 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) APPROVAL OF THIS SPECIAL EXCEPTION SHALL RUN WITH THIS OPERATOR ONLY; ANY CHANGES TO A DIFFERENT OPERATOR SHALL REQUIRE A SEPARATE SPECIAL EXCEPTION; 2) THE EXISTING FREESTANDING/MONOPOLE FACILITY CANNOT INCREASE THE PROPOSED HEIGHT OF 115 FEET AND 3) A COMPLETE NEW LANDSCAPE PLAN, WITH SPECIFICATIONS, PROVIDING LANDSCAPE SCREEN MUST BE SUBMITTED FOR 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 30, 2007, Item No. Z.8, following an advertised public hearing, adopted Resolution No. ZB 07-0074 by a vote of six to one (6-1), 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, with conditions, the Special Exception is City of Miami Page 1 of 6 Printed On: 10/11/2007 File Number: O7-00791xc affirmed and the Special Exception granted, as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 949.3, Requirements, limitations standards and criteria for review of Personal Wireless Service Facilities within specified zoning districts, to allow modification to an existing freestanding/monopole facility by City Commission approval, for the property located at approximately 145 Northeast 20th 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) Approval of this Special Exception shall run with this operator only; any changes to a different operator shall require a separate Special Exception; 2) The existing freestanding/monopole facility cannot increase the proposed height of 115 feet and 3) A complete new landscape plan, with specifications, providing landscape screen must be submitted for 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. *No. contextual environment taking into consideration urban form and natural features; (2) Sitting should minimize the No. impact of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner No. *No. lots should be oriented to the corner and public street fronts. 11) Architecture and Landscape Architecture: Design Review Criteria Applicability Compliance (1) A project shall be Yes. *No. designed to comply with all applicable landscape ordinances; City of Miami Page 2 of 6 Printed On: 10/11/2007 Hie Number: 07-00791xc (2) Respond to the Yes, neighborhood context: (3) Create a transition in N/A. bulk and scale; (4) Use architectural styles N/A. and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; *No. *Yes. (5) Articulate the building N/A. *Yes. facade vertically and horizontally in intervals that conform to the existing structures in the vicinity. III) Pedestrian Oriented Development: Design Review Criteria Applicability (1) Promote pedestrian N/A. interaction; (2) Design facades that respond primarily to the human scale; (3) Provide active, not blank facades. Where blank walls are unavoidable, they should receive design treatment. N/A, N/A. IV) Streetscape and Open Space: Design Review Criteria Applicability (1) Provide usable open N/A. space that allows for convenient and visible pedestrian access from the public sidewalk; (2) Landscaping, including N/A. plant material, trellises, special pavements, screen Compliance Compliance City of Miami Page 3 of 6 Printed Om 10/11/2007 File Number: 07-00791xe walls, planters and similar features should be appropriately incorporated to enhance the project. V) Vehicular Access and Parking: Design Review Criteria Applicability (1) Design for pedestrian and N/A. vehicular safety to minimize conflict points; (2) Minimize the number and N/A. width of driveways and curb cuts; (3) Parking adjacent to a street N/A. front should be minimized and where possible should be located behind the building; (4) Use surface parking areas N/A. as district buffer. Compliance VI) Screening: Design Review Criteria Applicability Compliance (1) Provide landscaping that Yes. *No. screen undesirable elements, such as surface parking lots, and that enhances space and architecture; (2) Building sites should locate N/A. 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 Printed On: 10/11/2007 File Number O7-OQ793xc (3) Screen parking garage 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: N/A. Design Review Criteria Applicability (1) Design signage appropriate N/A_ for the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design NIA. feature to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to N/A. minimize glare to adjacent properties; (4) Provide visible signage N/A. identifying building addresses at the entrance(s) as a functional and aesthetic consideration, VIII) Preservation of Natural Features: Design Review Criteria Applicability (1) Preserve existing vegetation N/A. and/or geological features whenever possible. IX) Modification of Nonconformities: Compliance Compliance Design Review Criteria Applicability Compliance (1) For modifications of Yes. *No. nonconforming structures, no increase in the degree of nonconformity shall be City of Miami Page 5 of 6 Printed On: 10/11/2007 Fite Number: Q7OO791xc allowed; (2) Modifications that Yes. No. 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} 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. City ofMiami Page 6 016 Printed On: 10/11/2007