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Home My WebLink AboutR-08-0175City of Miami Legislation Resolution: R-08-0175 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 05-00976x Final Action Date: 3/27/2008 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES (3) OF R-1 SINGLE-FAMILY RESIDENTIAL, TO ALLOW PLACES OF WORSHIP, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3570 MAIN HIGHWAY, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting on January 28, 2008, Item No. 1, adopted Resolution No. ZB 08-006 by a vote of four to three (4-3), to DENY the Special Exception as hereinafter set forth; and WHEREAS, the City Commission approves the Special Exception as hereinafter set forth, pursuant to Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the decision of the Zoning Board, finds the application for the Special Exception 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 decision 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: 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 Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, under Conditional Principal Uses (3) of R-1 Single -Family Residential, to allow a place of worship, for the property located at approximately 3570 Main Highway, Miami, Florida, legally described in the 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, is reversed, and the Special Exception 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 File Id: 05-00976x (Version: 5) Printed On: 5/1/2017 File Number: 05-00976x Enactment Number: R-08-0175 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 (1) A project shall be N/A. designed to comply with all applicable landscape ordinances; (2) Respond to the N/A. neighborhood context; (3) Create a transition in N/A. bulk and scale; (4) Use architectural styles and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building facade vertically and horizontally in intervals that N/A. N/A. Compliance City of Miami Page 2 of 6 File Id: 05-00976x (Version: 5) Printed On: 5/1/2017 File Number: 05-00976x Enactment Number: R-08-0175 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. (IV) Streetscape and Open Space: N/A. N/A. Design Review Criteria Applicability (1) Provide usable open N/A. space that allows for convenient and visible pedestrian access from the public sidewalk; Compliance Compliance (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 N/A. width of driveways and curb City of Miami Page 3 of 6 File Id: 05-00976x (Version: 5) Printed On: 5/1/2017 File Number: 05-00976x Enactment Number: R-08-0175 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 N/A. 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 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; (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 Compliance City of Miami Page 4 of 6 File Id: 05-00976x (Version: 5) Printed On: 5/1/2017 File Number: 05-00976x Enactment Number: R-08-0175 the project and immediate neighborhood; (2) Provide lighting as a design N/A. 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 Compliance (1) Preserve existing vegetation Yes. Yes. and/or geological features whenever possible. (IX) Modification of Nonconformities: Design Review Criteria Applicability (1) For modifications of N/A. nonconforming structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform to current regulations shall be designed to conform to the scale and context of the nonconforming structure. N/A. Compliance These findings have been made by the City Commission to approve this project with conditions, which include: 1) no parking by visitors or guests of the applicant will be allowed, except parking in the nine (9) spaces on the property; City of Miami Page 5 of 6 File Id: 05-00976x (Version: 5) Printed On: 5/1/2017 File Number: 05-00976x Enactment Number: R-08-0175 2) the applicant must assure that an individual is assigned to monitor parking anytime nine (9) or more visitors are on the premises; 3) the City Commission will receive a report in one (1) year from staff as to compliance by the applicant with the special exception conditions; 4) a failure to follow these conditions may be deemed a violation of the special exception. 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: 05-00976x (Version: 5) Printed On: 5/1/2017