HomeMy WebLinkAboutR-16-0343Vop City of Miami
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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