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Home My WebLink AboutCC Legislation (Version 4)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File Number: 06-02074x1 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 AND THEREBY GRANTING WITH CONDITIONS AN EXCEPTION AS LISTED IN ARTICLE 4, SECTION 4-7(B) AND 4-11(G) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A PACKAGE LIQUOR STORE CLOSER THAN 500 FEET OF ANOTHER PACKAGE LIQUOR STORE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 250 AND 296 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWENTY-FOUR (24) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on October 16, 2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-053 by a vote of three to four (3-4), item no. 4, approving with conditions, which failed constituting a DENIAL as set forth; and WHEREAS, the applicant has appealed the decision of the PZAB; and WHEREAS, the City Commission, after careful consideration of this matter, and notwithstanding the decision of the PZAB, finds the application for Exception meets the applicable requirements of Ordinance No. 13114, 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 PZAB and grant with conditions the 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 PZAB to deny the Exception as listed in Article 4, Section 4-7(b) and 4-11(g) of the Code of the City of Miami, Florida, as amended ("City Code"), to allow a package liquor store closer than 500 feet of another package liquor store, for the property located at approximately 250 and 296 Southwest 7th Street, Miami, Florida, legally described in attached "Exhibit A," pursuant to plans on file and subject further to a time limitation of twenty-four (24) months in which a building permit must be obtained, is reversed, and the Exception is granted with the following conditions: a) Pursuant to Article 4, Table 12 and Article 5, Section 5.6.5, of the Miami 21 Code, the architectural facade along the principal frontage, Southwest 7th Street, requires modification to the architectural treatment that does not impede "eyes -on -street" and to ensure no vehicular light spillage into the right-of-way from the vehicular circulation ramp and above ground parking area. The applicant City of Miami Page I of 5 File Id: 06-02074x1 (Version: 4) Printed On: 11/5/2013 File Number: 06-02074x1 shall provide additional details of the proposed precast polished concrete band along the building for review and approval by the Planning and Zoning Department prior to Building Permit. b) Pursuant to Section 4-7 and Section 4-11(g)(2) of the City Code, prior to the issuance of any Building Permit, the applicant needs to provide a radius survey that clearly shows no residentially -zoned areas within a 375-foot radius of the proposed non-C.O.P. package liquor store. c) Submit a landscape plan that complies with the minimum requirements of Article 9 of the Miami 21 Code Landscape Requirements for review and approval by the Planning and Zoning Department prior to Building Permit. Section 3. Pursuant to Article 4, Table 12 of the Miami 21 Code, the Zoning Ordinance of the City of Miami, the specific site plan and aspects of the project 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: DESIGN REVIEW CRITERIA I) Site and Urban Planning: Applicability Compliance (1) Respond to the physical contextual environment taking into consideration urban form and natural features; Yes Yes (2) Siting should minimize the impact of automobile parking and driveways on the pedestrian environment and adjacent properties; Yes Yes (3) Buildings on corner lots should be oriented to the corner and public street fronts. Yes Yes II) Architecture and Landscape Architecture: Applicability Compliance (1) A project shall be designed to comply with all applicable landscape ordinances; Yes* Yes* (2) Respond to the neighborhood context; (3) Create a transition in bulk and scale; Yes Yes Yes Yes (4) Use architectural styles and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; Yes* Yes* (5) Articulate the building facade vertically and horizontally in intervals that conform to the existing structures in the vicinity. Yes* Yes* III) Pedestrian Oriented Development: Applicability Compliance City of Miami Page 2 of 5 File Id: 06-02074x1 (Version: 4) Printed On: 11/5/2013 File Number: 06-02074x1 (1) Promote pedestrian interaction; (2) Design facades that respond primarily to the human scale; Yes* Yes* Yes* Yes* (3) Provide active, not blank facades. Where blank walls are unavoidable, they should receive design treatment. Yes Yes IV) Streetscape and Open Space: Applicability Compliance (1) Provide usable open space that allows for convenient and visible pedestrian access from the public sidewalk; Yes* Yes* (2) Landscaping, including plant material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. Yes* Yes* V) Vehicular Access and Parking: (1) Design for pedestrian and vehicular safety to minimize conflict points; Applicability Compliance Yes (2) Minimize the number and width of driveways and curb cuts; Yes (3) Parking adjacent to a street front. should be minimized and where possible should be located behind the building; N/A (4) Use surface parking areas as district buffer. N/A VI) Screening: Applicability Compliance (1) Provide landscaping that screen undesirable elements, such as surface parking lots, and that enhances space and architecture; Yes Yes (2) Building sites should locate 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; Yes Yes City of Miami Page 3 of 5 File Id: 06-02074x1 (Version: 4) Printed On: 11/5/2013 File Number: 06-02074x1 (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: (1) Design signage appropriate for the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design feature to the building facade, on and around landscape areas, special building or site features, and/or signage; N/A Applicability Compliance N/A N/A (3) Orient outside lighting to minimize glare to adjacent properties; N/A (4) Provide visible signage identifying building addresses at the entrance(s) as a functional and aesthetic consideration. N/A VIII) Preservation of Natural Features: Applicability Compliance (1) Preserve existing vegetation and/or geological features whenever possible. Yes Yes IX) Modification of Nonconformities: (1) For modifications of 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. Applicability Compliance N/A N/A *Compliance is subject to conditions. These findings have been made by the City Commission to approve this project with conditions. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} City of Miami Page 4 of 5 File Id: 06-02074x1 (Version: 4) Printed On: 11/5/2013 File Number: 06-02074x1 APPROVED AS TO FORM AND CORRECTNESS: VI `ORI MENDEZ CITYATT•RNEY 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: 06-02074x1 (Version: 4) Printed On: 11/5/2013