HomeMy WebLinkAboutCC Legislation (Version 4)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-00840x1 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL, REVERSING THE DECISION OF THE PLANNING,
ZONING AND APPEALS BOARD, THEREBY GRANTING A SPECIAL EXCEPTION
AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
UNDER CONDITIONAL PRINCIPAL USES OF "R-1" SINGLE-FAMILY
RESIDENTIAL, TO ALLOW A CHILD DAY CARE CENTER OF MORE THAN
TWENTY (20) CHILDREN, ACCORDING TO ZONING ORDINANCE SECTION 936
AND SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 1800 AND 1806 SOUTHWEST 2ND COURT,
MIAMI, FLORIDA.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on June 30, 2010,
following an advertised public hearing, adopted Resolution No. ZB-R-10-017 by a vote of eight to zero
(8-0), item no. Z. 5, to DENY the Special Exception as set forth; and
WHEREAS, the decision of the Planning, Zoning and Appeals Board has been appealed by Ines
Marrero Priegues; and
WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding
the recommendation of the Planning, Zoning and Appeals Board, finds the application for the Special
Exception meets the applicable requirements of Zoning Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, 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 Planning, Zoning
and Appeals 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 Planning, Zoning and Appeals Board to deny the Special Exception
as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida
("Zoning Ordinance"), Article 4, Section 401, Under Conditional Principal Uses of "R-1" Single -Family
Residential, to allow a child day care center of more than twenty (20) children, according to Zoning
Ordinance Section 936 and subject to all applicable criteria, for the property located at approximately
1800 and 1806 SW 2nd Court, Miami, Florida, legally described in attached "Exhibit A," is reversed,
and the Special Exception is granted.
Section 3. The findings of fact set forth below are made with respect to the subject property:
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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
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:
Desian 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 Yes No
of automobile parking and driveways
on the pedestrian environment and
adjacent properties;
(3) Buildings on corner Tots 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 Yes Yes
comply with all applicable landscape
ordinances;
(2) Respond to the neighborhood Yes Yes
context;
(3) Create a transition in bulk and Yes Yes
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. N/A
Where blank walls are unavoidable,
they should receive design treatment.
IV) Streetscape and Open Space:
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 Yes Yes
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 Yes Yes
of driveways and curb cuts;
(3) Parking adjacent to a street front Yes No
should be minimized and where
possible should be located behind
the building;
(4) Use surface parking areas as N/A
district buffer.
VI) Screening:
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Design Review Criteria Applicability Compliance
(1) Provide landscaping that screen Yes Yes
undesirable elements, such as
surface parking lots, and that
enhances space and architecture;
(2) Building sites should locate N/A 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) Signade and Lighting:
N/A
Design Review Criteria Applicability Compliance
(1) Design signage appropriate for N/A 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
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(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.
These findings have been made by the City Commission to approve this project.
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.
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