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Resolution
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Drive
Miami, FL 33133
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File Number: 10-00485xc Final Action Date: 6/24/2010
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
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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 to 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:
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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
should be minimized and where
possible should be located behind
the building;
(4) Use surface parking areas as N/A.
district buffer.
VI) Screening:
N/A.
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Design Review Criteria Applicability Compliance
(1) Provide landscaping that screen N/A.
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 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:
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Design Review Criteria Applicability Compliance
(1) Preserve existing vegetation and/or N/A.
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}
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.
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