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HomeMy WebLinkAboutR-16-0343Vop City of Miami Legislation < U R �O Resolution: R-16-0343 File Number: 16-00635x City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/14/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, APPROVING AN EXCEPTION, WITH CONDITIONS, PURSUANT TO ARTICLE 4, TABLE 3, ARTICLE 5, SECTION 5.5.1(1), AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO ALLOW THE DEVELOPMENT AND EXPANSION OF A RESCUE MISSION WITH 140 DORMITORY ROOMS, A CHILD CARE FACILITY FOR A MAXIMUM OF 72 CHILDREN, AND A HEALTH CLINIC AND TO ALLOW A LOT SIZE OF APPROXIMATELY 57,707 SQ. FT. WHERE A MAXIMUM OF 40,000 SQ. FT. IS PERMITTED ON A GROUP OF PARCELS ZONED CIVIC INSTITUTIONAL ("Cl") TRANSECT ZONE; APPROVING THREE (3) ASSOCIATED WAIVERS PURSUANT TO ARTICLE 5, SECTIONS 5.5.1(F), 5.5.1(G), AND 5.5.1(H) AND ARTICLE 7, SECTION 7.1.2.5, TO ALLOW FOR A GROUND LEVEL DOMINANT SETBACK TO PERMIT THE PLACEMENT OF A FENCE ALONG THE EASTERN FRONTAGE TO SETBACK THREE (3) FEET WHERE TEN (10) FEET IS REQUIRED, A WAIVER FROM BUILDING DISPOSITION REQUIREMENT FOR FREQUENT DOORS, WINDOWS AND PEDESTRIAN ENTRANCE AND A WAIVER FROM BUILDING DISPOSITION REQUIRING SITES WITH 340 FEET OR MORE OF FRONTAGE TO PROVIDE A CROSS -BLOCK PASSAGE FOR THE PROPERTIES LOCATED AT APPROXIMATELY 220 AND 226 NORTHWEST 16TH STREET, 1514 AND 1540 NORTHWEST 2ND AVENUE, 211, 217, 229, 230, AND 237 NORTHWEST 15TH STREET, AND 1507 AND 1515 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA. WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 6, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-039 by a vote of eight to zero (8-0), item no. PZAB.2, recommended approval of an Exception, with conditions, requiring City Commission approval as set forth; and WHEREAS, Section 2-33(c)(8) of the Code of the City of Miami, Florida, as amended, requires a four-fifths (4/5ths) affirmative vote of the City Commission for the approval of an Exception related to rescue missions; and WHEREAS, the City Commission, after careful consideration of this matter, finds the application for an Exception meets the applicable requirements of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to approve with conditions the Exception and related waivers as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miand Page 1 of 3 File Id. 16-006352 (Version: 4) Printed On: 511512018 File Number: 16-00635x Enactment Number: R-16-0343 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 Exception pursuant to Article 4, Table 3, Article 5, Section 5.7.2, and Article 7, Section 7.1.2.8 of the Miami 21 Code and Chapter 33, Section 33-151, Article XA of the Miami -Dade County Code of Ordinances, to allow the development and expansion of a rescue mission with 140 dormitory rooms, a child care facility for a maximum of 72 children, and a health clinic and to allow a lot size of approximately 57,707 Sq. Ft. where a maximum of 40,000 Sq. Ft. is permitted on a group of parcels zoned Civic Institutional ("Cl") Transect Zone is approved as amended on the aforementioned findings, with the following conditions: 1. The development shall be substantially in accordance with the plans as prepared by Behar Font Partners, P.A. consisting of twenty five (25) sheets date stamped received by the City of Miami Hearing Boards on March 18, 2016. 2. The Applicant shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process. 3. As a condition of approval, the Applicant shall agree not to have a child mix that requires more than 18 staff members and at no time shall exceed 72 children. 4. The Applicant shall submit a final landscape plan in accordance with Chapter 18A of the Miami -Dade County Code and Article 9 of the Miami 21 Code to be approved by the Director of the Planning and Zoning Department prior to submitting for a building permit. 5. The Applicant shall comply with all applicable zoning requirements, including but not limited to, the approval of all pertinent waivers requested and parking and landscaping requirements. 6. The Applicant shall comply with all other applicable conditions as part of the review standards under Section E entitled "Analysis" of the staff report attached hereto as Exhibit A entitled "Lotus Endowment Fund Inc. - File No. 16-00635x". Section 3. Additionally, the related three (3) waivers pursuant to Article 5, Sections 5.5.1(f), 5.5.1(g), and 5.5.1(h) and Article 7, Section 7.1.2.5 of the Miami 21 Code to allow for a ground level dominant setback to permit the placement of a fence along the eastern frontage to setback three (3) feet where ten (10) feet is required; a waiver from building disposition requirement for frequent doors, windows and pedestrian entrance; and a waiver from building disposition requiring sites with 340 feet or more frontage to provide a cross -block passage for the properties is approved. Section 4. The record shall consist of the notice of hearing, the application, documents submitted by the applicant and the Applicant's representatives to the City's Department of Planning and Zoning in connection with the applications, the Department's recommendation and exhibits, the testimony of sworn witnesses and documents presented at the public hearing, and the tapes and minutes of the public hearing. The record shall be maintained by the City Clerk. Section 5. The Applicant shall comply with all other applicable laws and approvals and any conditions associated therewith. City of Miand Page 2 of 3 File Id. 16-006352 (Version: 4) Printed On: 511512018 File Number: 16-00635x EnactmentNnmber: R-16-0343 Section 6. 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 (10) 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 3 of 3 File Id. 16-00635x (Version: 4) Printed On: 5/15/2018