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Home My WebLink AboutCC Legislation (Version 4)• • -631*, r(), y of a Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 mvw.rniamiaov.corn File Number; 07-0172x Final Action Date: 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. 1/000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401 UNDER CONDITIONAL PRINCIPAL USES OF C-2 LIBERAL COMMERCIAL (13), TO ALLOW HIRING HALLS, EMPLOYMENT OFFICES AND LABOR POOLS, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1757 NORTHWEST 23RD STREET, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT 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 October 29, 2007, Item No. 7, adopted Resolution No. ZB 07-0099 by a vote of five to four (5-4), to DENY the special exception as hereinafter set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, requires City Commission does not approve 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 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 of C-2 Liberal Commercial (13), to allow hiring halls, employment offices and labor pools, subject to all applicable criteria, for the property located at approximately 1757 Northwest 23rd 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, is reversed, and the Special Exception granted. Section 3. The findings of fact set forth below are made with respect to the subject property: City of Miami Page I of 6 Printed On: 2/11/2008 a. Pursuant to Section 1305,2 of the Zoning Ordinance, the specific site clan aspects of the project that have been found by the City Commission (based upon facts and reports prepared or ,taff or- others) to adhere to the folk:wing D-esici„n Review Critena subect to the any applicable conditions herein: ite 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 N/A impact of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner lots should be oriented to the corner and public street fronts. N/A (11) 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 No 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; (5) Articulate the building N/A Compliance City ofMrnii Page 2 of 6 Printed On: 2/11/2008 facade vertically and horizontally in intervals that conform to the existing structure - in the. vicHtv. (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. NIA 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 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 Compliance Compliance Compliance City of Miami Page 3 of 6 Printed On; 2/.1 I/2008 width of cuts; y d curb (a) Fan,,ing adjacent to a ...,tree t NIA 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 (1) Provide landscaping that N/A 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 shod be situated and screene view to street and adjac 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. N/A (VII) Signage and Lighting: Design Review Criteria Applicability (1) Design signage appropriate No for the scale and character of Compliance Compliance City ffMQmi Page 4 of 6 Printed On: 2/11/2008 the project .and immediate neighborhood; ProOdP lighting aF design feature to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to No minimize glare to adjacent properties; (4) Provide visible signage identifying building addresses at the entrance(s) as a functional and aesthetic consideration. (VIII) Preservation of Design Review Criteria (1) Preserve existing vegetation and/or geological features whenever possible. No (IX) Modification of Nonconformities: Design Review Criteria Applicability (1) For modifications of NIA 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 Compliance *Compliance is subject to conditions. These findings have been made by the City Commission to approve this project with conditions. City of Miami Page 5 of 6 Printed On: 2111/2008 Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND GORRECINES.3: 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 L 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 01.6 Printed On: 2/11/2008