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Home My WebLink AboutCC Legislation (Version 3)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 09-00800x Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 924.11, TO ALLOW EXTENSIONS OF DOCKS AND PIERS INTO WATERWAYS EXTENDING MORE THAN 35 FEET IN LENGTH, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3300 SOUTH MOORINGS WAY, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE, CONDITIONS SET FORTH, AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board, at its meeting on October 19, 2009, following an advertised public hearing, adopted Resolution No. ZB-R-09-0061 by a vote of nine to zero (9-0), item no. Z.1, to GRANT the Special Exception as set forth; and WHEREAS, pursuant to Section 1800 of the Zoning Ordinance No.11000, as amended, the Zoning Ordinance of the City of Miami, Florida, an appeal to the City Commission has been taken by Bruce G. Hernelee, Esquire, on the grounds stated in the appeal letter of November 2, 2009; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, provides for the City Commission to review by hearing de novo the Zoning Board decision as to 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 does not 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 affirm the decision of the Zoning Board and deny 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 Zoning Board to grant the Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 924.11, to allow extensions of docks and piers into waterways extending more than 35 feet in length, for the property located at approximately 3300 South Moorings Way, Miami, Florida, legally described in attached "Exhibit A," pursuant to plans on file, the conditions set forth in "Exhibit B", and subject to a time limitation of twelve (12) months in which a building permit must be obtained, is affirmed, and the City of Miami Page 1 of 6 Printed On: 12/2/2009 File Number: 09-00800x Special Exception is 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 any 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 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 N/A. context; (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 City of Miami Page 2 of 6 Printed On: 12/2/2009 File Number: 09-00800x existing structures in the vicinity. III) Pedestrian Oriented Development: 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. N/A. 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 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 N/A. should be minimized and where possible should be located behind the building; (4) Use surface parking areas as N/A. district buffer. City of Miami Page 3 of 6 Printed On: 12/2/2009 File Number: 09-00800x VI) Screening: Desicpn 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. City of Miami Page 4 of 6 Printed On: 12/2/2009 File Number: 09-00800x VIII) Preservation of Natural Features: Design Review Criteria Applicability Compliance (1) Preserve existing vegetation and/or Yes. Yes. 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 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} APPROVED AS TO FORM AND CORRECTNESS' JULIE O. BRU CITY ATTORNEY City of Miami Page 5 of 6 Printed On: 12/2/2009 File Number: 09-00800x 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 6 of 6 Printed On: 12/2/2009