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Home My WebLink AboutCC Legislation (Version 3)Ity of a Legislation Resolution File i'+t xzber° O8-00179x City Hail 3500 Pan American Drive Miami, FL 33133 ,v ww. rarn igov. corn Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 620.4(5), TO ALLOW A BAR, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3215 NORTHEAST 2ND AVENUE, 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 March 24, 2008, Item No. 1, adopting Resolution No. ZB 08-021, following an advertised public hearing, made a motion to approve which failed by a vote of three to three (3-3) which constitutes a DENIAL to the special exception as hereinafter set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, provides for City Commission review by hearing de novo of the Zoning Board decision as to 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 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 affirm the decision of the Zoning Board and deny 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 6, Section 620.4(5), to allow a bar, subject to all applicable criteria, for the property located at approximately 3215 Northeast 2nd Avenue, 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, is affirmed. and the Special Exception denied. 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 City of Miami Page 1 of 6 .Printed On: 5/2/2008 7e Nurnber. 08-001: 0x project that have been found by the City Commission (based upon facts and reports prepared or submitted by staff or others) to adhere or not adhere, as applicable, to the following Design Review Criteria subject to the any applicable conditions herein: 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 Yes. *No. impact of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner Yes. *No, 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. *No. designed to comply with all applicable landscape ordinances; (2) Respond to the Yes. *No. neighborhood context; (3) Create a transition in Yes. *No. bulk and scale; (4) Use architectural styles Yes. *No. and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building Yes. *No. facade vertically and horizontallyin intervals that City of Miami Page 2 of 6 Printed On: 5/2/2008 File Number: 08-00170x conform to the existing structures in the vicinity, (Ill) Pedestrian Oriented Development: Design Review Criteria Applicability Compliance (1) Promote pedestrian Yes. *No. interaction; (2) Design facades that Yes. *No. respond primarily to the human scale: (3) Provide active: not Yes. *No 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. *No. space that allows for convenient and visible pedestrian access from the public sidewalk; (2) Landscaping, including Yes. *No. 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. *No, vehicular safety to minimize conflict points; (2) Minimize the number and Yes. **No, width of driveways and curb cuts; City of Miami Page 3 of 6 Printed On: 5/2/2008 Number: 08-00170x (3) Parking adjacent to a street Yes. *No. front should be minimized and where possible should be located behind the building; (4) Use surface parking areas Yes. *No, as district buffer. (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 Yes. *No. 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. *No. structures with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, andior other suitable design element. (V!I) Sit:maw and Lighting: Design Review Criteria Applicability Compliance (1) Design signage appropriate Yes. *No. for the scale and character of the project and immediate neighborhood; City of Miami Page 4 of 6 Printed afl: 5/2/2008 File Number O8OO1 70X_ (2) Provide lighting as a design Yes, *No. feature to the building facade, on and around landscape areas; special building or site features, andior signage; (3) Orient outside lighting to Yes. *No. minimize glare to adjacent properties; (4) Provide visible signage Yes. *No. identifying building addresses at the entrance(s) as a functional and aesthetic consideration, IVIII) Preservation of Natural Features: Design Review Criteria Applicability Compliance (1) Preserve existing vegetation Yes. *No. and/or geological features whenever possible. ilX) Modification of Nonconformities: Design Review Criteria Applicability Compliance (1) For modifications of Yes. *No. nonconforming structures, no increase in the degree of nonconformity shall be 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. 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: 5/2/2008 File Number Oa-OQ170x APPROVED AS TO FORM AND CORRECTNE JULIE OE BRIE'' 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 Printed On: 5/2/2008