HomeMy WebLinkAboutLegislation (Version 7)y of a
Legislation
Resolution
File Number: 04-01208
City Hall
3500 Pan American
Drive
Miami, FL 33133
xvdw.miarnigay.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL BY MORNINGSIDE CIVIC ASSOCIATION, INC. AND
ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ,
REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING
THE CLASS II SPECIAL PERMIT APPLICATION NO. 03-0309, ISSUED BY THE
PLANNING DIRECTOR ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION,
LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI,
FLORIDA.
WHEREAS, the Miami Zoning Board at its meeting on July 9, 2007, Item No. 7, adopted
Resolution No. ZB 07-0069 by a vote of five to zero (5-0), to allow the City Commission to consider the
decision issued on Class II Special Permit Application No. 03-309 by the Planning Director on July 21,
2004, and
WHEREAS, an appeal of the Zoning Board decision was filed by Morningside Civic Association,
Inc., Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz; and
WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding
the recommendation of the Zoning Board, finds the Class II Special Permit does not 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 grant the appeal,
reverse the decision of the Zoning Board and Planning Director and deny the Class II Special Permit
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 deny the appeal by Morningside Civic
Association, Inc., Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz, pursuant to the Class 11
Special Permit application no. 03-0309 issued by the Planning Director on July 9, 2007, to allow new
construction for the property located at approximately 5101 Biscayne Boulevard, Miami, Florida, as
legally described in attached "Exhibit A," is reversed and the Class II Special Permit is denied. The
appeal is granted.
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
City of Miami
Page 1 of 6 Printed On: 10/4/2007
File Number: 04-01208
submitted by staff or others) to adhere to the following Design Review Criteria subject to the any
applicable conditions herein:
(l) 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.
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
City of Miami
Page 2 oft Printed On: 10/4/2007
File Number: 04-01208
structures in the vicinity.
ilt} 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 walks 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
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;
City of .�Piarna
Page 3 of 6 Printed On: 10/4/2007
Fije Number 04-01208
(3) Parking adjacent to a stree
front should be minimized and
where possible should be
located behind the building;
Yes.
(4) Use surface parking areas Yes.
as district buffer.
(VI) Screening:
*Yes,
*Yes.
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;
(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.
fVII) Signade and Lighting:
Design Review Criteria Applicability Compliance
(1) Design signage appropriate Yes. *Yes.
for the scale and character of
the project and immediate
neighborhood;
City of Miami
Page 4 of 6 Printed On: 10/4/2007
File Number: 04-01208
(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,
(Vill) Preservation of Natural Features:
Design Review Criteria Applicability Compliance
(1) Preserve existing vegetation Yes. *yes.
and/or geological features
whenever possible.
LIX) 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}
City of Miami
Page 5 of 6 Printed On: 10/4/2007
Re Number: 04-01208
APPROVED AS TO FORM AND CORRECTNES
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 of Miami
Page 6 of 6 Prinied On: 10/4/2007