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Home My WebLink AboutCC Legislation (Version 3) - NEWCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00345xc Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, UNDER CONDITIONAL ACCESSORY USES ON PR -PARK, RECREATION AND OPEN SPACES DISTRICT, TO ALLOW THE CONSTRUCTION OF AN OFFICE BUILDING FOR THE BOAT/BROKERAGE AND MARINA BOAT ADMINISTRATION, PER THE LEASE AND DEVELOPMENT AGREEMENT, 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 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board, at its meeting on September 8, 2008, following an advertised public hearing, adopted Resolution No. ZB-08-065 by a vote of five to two (5-2), item no. Z.2, 'recommending APPROVAL with conditions of a Special Exception requiring City Commission approval, as set forth; and WHEREAS, the Miami Waterfront Advisory Board, at its meeting on September 9, 2008, following an advertised public hearing, adopted Resolution No. WAB-2008-10 by a vote of six to zero (6-0), recommending APPROVAL with conditions, as imposed by the Zoning Board on September 8, 2008, as set forth below; 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 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 adopt 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 Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, under conditional accessory uses on PR -Park, Recreation and Open Spaces District, to allow the construction of an office building for the City of Miami Page 1 of 5 Printed On: 3/30/2009 File Number: 07-00345xc boat/brokerage and marina boat administration, per the lease and development agreement, 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 2640 South Bayshore Drive, Miami, Florida, subject to the following conditions: 1) Signs specifications and paint color samples shall be submitted for the review and approval by the Planning Department prior to the issuance of any building permits; 2) Applicant to provide public access in the open space beneath the intended structure; and 3) Applicant will be maintaining area, 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 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 applicable conditions herein: I) Site and Urban Planning: Design Review Criteria Applicability Compliance (1) Respond to the physical contextual Yes. Yes. environment taking into consideration urban form and natural features; (2) Sitting should minimize the impact Yes. Yes. of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner Tots should Yes. Yes. be oriented to the corner and public street fronts. 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 Yes. *Yes. (such as roof lines and fenestration), City of Miami Page 2 of 5 Printed On: 3/30/2009 File Number: 07-00345xc colors and materials derivative from surrounding area; (5) Articulate the building facade Yes. Yes. vertically and horizontally in intervals that conform to the existing structures in the vicinity. III) Pedestrian Oriented Development: Design Review Criteria (1) Promote pedestrian interaction; (2) Design facades that respond primarily to the human scale; Applicability Compliance Yes. Yes. Yes. Yes. (3) Provide active, not blank facades. Yes. Yes. 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 Yes. Yes. 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 Yes. Yes. vehicular safety to minimize conflict points; (2) Minimize the number and width of driveways and curb cuts; Yes. Yes. (3) Parking adjacent to a street front Yes. Yes. City of Miami Page 3 of 5 Printed On: 3/30/2009 File Number: 07-00345xc 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 (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 Yes. Yes. 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 N/A. 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: 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; City of Miami Page 4 of 5 Printed On: 3/30/2009 File Number: 07-00345xc (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. 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 current regulations shall be designed to conform to the scale and context of the nonconforming structure. 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} 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 Printed On: 3/30/2009