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Home My WebLink AboutCC Legislation (Version 2)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-00485xc Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SPECIAL EXCEPTION, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 933, TO ALLOW HELISTOPS AS CONDITIONAL ACCESSORY USES IN THE OFFICE DESIGNATION BETWEEN THE HOURS OF 9:00 AM AND 5:00 PM ON MONDAY THROUGH FRIDAY, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 564 SOUTHWEST 42ND AVENUE, MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board, at its meeting on May 10, 2010, following an advertised public hearing, adopted Resolution No. ZB-10-029 by a vote of five to zero (5-0), item no. Z.9, recommending DENIAL 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 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 recommendation 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, Florida, as amended, Article 9, Section 933, to allow helistops as conditional accessory uses in the Office designation between the hours of 9:00 am and 5:00 pm on Monday through Friday, for the property located at approximately 564 Southwest 42nd 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 approved, 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 City of Mianai Page 1 of 5 File Id: 10-00485xc (Version: 2) Printed On: 6/3/2010 File Number: 10-00485xc 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 fo the any applicable conditions herein: I) Site and Urban Planning: Design Review Criteria Applicability Compliance (1) Respond to the physical contextual N/A. environment taking into consideration urban form and natural features; (2) Sitting should minimize the impact N/A. 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. II) Architecture and Landscape Architecture: Design Review Criteria Applicability Compliance (1) A project shall be designed to N/A. comply with all applicable landscape ordinances; (2) Respond to the neighborhood context; No. No. (3) Create a transition in bulk and N/A. scale; (4) Use architectural styles and details N/A. (such as roof lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building facade N/A. vertically and horizontally in intervals that conform to the existing structures in the vicinity. III) Pedestrian Oriented Development: City of Miami Page 2 of 5 File Id: 10-00485xc (Version: 2) Printed Om 6/3/2010 File Number: 10-00485xc Design Review Criteria Applicability Compliance (1) Promote pedestrian interaction; N/A. (2) Design facades that respond N/A. 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. Design Review Criteria Applicability Compliance (1) Provide usable open space that N/A. allows for convenient and visible pedestrian access from the public sidewalk; (2) Landscaping, including plant N/A. 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 N/A. vehicular safety to minimize conflict points; (2) Minimize the number and width N/A. of driveways and curb cuts; (3) Parking adjacent to a street front N/A. should be minimized and where possible should be located behind the building; (4) Use surface parking areas as N/A. district buffer. VI) Screening: Design Review Criteria Applicability Compliance City of Miami Page 3 of 5 File Id: 10-00485xc (Version: 2) Printed On: 6/3/2010 File Number: 10-00485xc (1) Provide landscaping that screen undesirable elements, such as surface parking lots, and that enhances space and architecture; N/A. (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 Compliance (1) Design signage appropriate for N/A. the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design feature N/A. to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to minimize N/A. glare to adjacent properties; (4) Provide visible signage identifying N/A. 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 and/or N/A. City of Miami Page 4 of 5 File Id: 10-00485xc (Version: 2) Printed On: 6/3/2010 File Number: 10-00485xc geological features whenever possible. IX) Modification of Nonconformities: Design Review Criteria Applicability Compliance (1) For modifications of nonconforming N/A. structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform to N/A. 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. b. Pursuant to Section 1305.3. of the Zoning Ordinance, the use and occupancy of the proposed project have been found by the City Commission to adhere to other specific consideration(s) set forth in the Zoning Ordinance, the Code of the City of Miami, Florida, as amended ("City Code"), and other applicable regulation(s). c. Pursuant to 1305.3.1. of the Zoning Ordinance, the adequacy of the manner in which the proposed use will operate, given its specific location and proximity to less intense uses, has been found by the City Commission to adhere to other specific consideration(s) set forth in the zoning ordinance, the City Code and other applicable regulation(s), with particular consideration given to protecting the residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts, and the spillover effect of light. Section 4. This Resolution shall become effective immediately upon its, adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU 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 5 of 5 File Id: 10-00485xc (Version.: 2) Printed On: 6/3/2010