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Resolution
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Miami, FL 33133
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File Number: 07-00345xc Final Action Date: 8/1/2013
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 ATIME 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
boat/brokerage and marina boat administration, per the lease and development agreement, with a
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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 lots 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),
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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.
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(3) Parking adjacent to a street front Yes. Yes.
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;
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(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.
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.
*Compliance is subject to conditions.
N/A.
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}
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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