HomeMy WebLinkAboutR-95-0137J-95-5(b)
2/9/95
REsoLUT cN No . 9 5 - 137
A RESOLUTION REVERSING THE DECISION OF THE ZCN=
BOARD AND THERE53Y GRANTING THE SPECIAL MLITTICN AS
LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZO MIG
ORDINANCE OF THE CITY OF MTAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT PMUT- ATIONS , R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, OCNDITICNAL
PRINCIPAL USES, TO ALLOW AN INCREASE IN AN EXISTING
COMMUNITY -BASED RESIDENTIAL FACILTl'Y FROM 37 RESIDENTS
TO 45 RESIDENTS, SUBJECT TO A REDUCTION OF ELEVEN OFF
STREET PARKING SPACES C 18 OFF STREET PARKING SPACES
RpQUIRED PER ARTICLE 9, SECTICN 934.2.2.51, PER PLANS
CN FILE, FOR THE PROPERTY LOCATED AT 2100-2110
NORTHWEST 28TH STREET, MIAMI, FLORTDA GORE
PARTICULARLY DESCRIBED HEREIN); ZONED R-3 MULTIFAMILY
MEDIUM DENSITY RESIDENTIAL, SUBJECT TO A TIME
LIMITATION OF 12 MONTHS IN WHICH A BUILDING PERMIT
MUST BE OBTAINED.
WHEREAS, the Miami Zoning Board at its meeting of November 21, 1994,
Item No. 5, duly adopted Resolution No. ZB 125-94 by a eight to zero (8-0)
vote, denying the Special Exception as hereinafter set forth; and
WHEREAS, the applicant has appealed the denial of the Special Exception
to the City Commission; and
WHEREAS, the City Commission after careful consideration of this matter
and notwithstanding the denial by the Zoning Board, finds that the application
does meet the applicable requirements of Zoning Ordinance No. 11000, as
amended.;
NOW, THEREFORE, BE IT RESOLVED BY THE CMCSSIC7N OF THE CITY OF MIAMI,
i
FLORMA:
Section 1. The recitals and findings contained in the Preamble to
this Resolution are hereby adopted by reference thereto and incorporated
herein as if fully set forth in this Section.
CITY COIKICSSION
FEE
n a 1195
Resolution No.
95- 137
Section 2. The decision of the Zoning Board in denying the
Special Exception as Listed in Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of
District Regulations, R-3 Multifamily Medium -Density Residential, Conditional
Principal Uses, to allow an ,increase in an existing oommmmity-based
residential facility from 37 residents to 45 residents, subject to a reduction
of eleven required off street parking spaces, [18 off street parking spaces
required per Article 9, Section 934.2.2.5 of the Zoning Ordinance], for the
property located. at 2100-2110 Northwest 28th Street, Miami., Florida, also
described. as Lots 5 and 6 less the N 10', Block 5, AUMATTAH HIGHLANDS
SUBDIVISION, as recorded in Plat Book 12 at Page 24 of the Public Records of
Dade County, Florida, zoned R-3 Multifamily Medium -Density Residential, per
plans on file, is hereby reversed and the Special Exception is hereby granted,
subject to a time limitation of twelve months in which a building pennit must
be obtained.
Section 3. This Resolution shA.1l. become effective imTediately
upon its adoption.
PASSED AND ADOPTED this _ day of Febnk= 1995.
P . a[ARKt MAYOR
A
TTY HIRAI , CITY C EM
.. �... �+r r ..� ....,• a+r . • •, it
•..:: al,�Y��
MMW
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
GKH/ms/bss/M48O9
-2-
95- 13'7
G, - Y OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To : f;:Flonorable Mayor a- 1 Members
..of the City Commission
FROM
Cesal er
City t4 er
RECOMMENDATION
It is respectfully recommended that the
to expand an existing Community Based
N.W. 28th Street from a capacity of 37
instead_ approve.a total maximum capacity
RACKr.Pn INn
DATE :Q FILE
Proposed Expansion of Adult
sualECT: Congregate Living Facility
at 2100-2110 N.W. 28th Street
REFERENCES : Agenda Item, City Commission
Meeting of February 9, 1995
ENCLOSURES:
City Commission deny the modified request
Residential Facility located at 2100-2110
clients to a capacity of 55 clients; and
of 45 clients.
The attached original request for expansion of an existing Community Based
Residential Facility from 37 clients to 72 clients was recommended for denial by
the Zoning Board by a vote of eight to zero (8 to 0) at its meeting of November
21, 1994. At that meeting, the Planning, Building and Zoning Department had also
made a recommendation of denial finding that a capacity of 72 clients would create
an overcrowding of the premises as well as a negative impact on the surrounding
area due to insufficient parking on the subject property for such a capacity.
Based on the comments expressed at the Zoning Board Hearing, the applicant has
submitted a letter, dated November 22, 1994 (see attached) in which she has
amended her request to a maximum of 55 clients instead of the 72 originally asked
for.
The Planning, Building and Zoning Department firljs that the modified request as
described by the applicant in the above referenced letter is still too much of a
capacity for the structures in question and that a more appropriate capacity for
the size of the facility in question is a maximum of 45 clients; this reduction
will also reduce the parking needs. It is therefore respectfully recommended
that the Commission approve the requested expansion for a maximum capacity of 45
clients.
M
95- 137
ZONING FACT SHEET
LOCATION/LEGAL 2100-2110 NW 28th Street
Lots 5 & 6 less the N' 10', Block 5, ALLAPATTAH HEIGHTLANDS (12-24) PRDC.
APPLICANT/OWNER Catalina Calderon
2825 SW 129 Avenue
Miami, Florida 33175
553-2323
ZONING �`` R-3 Multifamily Medium -Density Residential.
REQUEST 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, Schedule of District Regulations, R-3 Multifamily Medium -Density Residential,
Conditional Principal Uses, to increase an existing communit ''based residential
facility from thirty seven (37) to seventy two (72) clie subject to a reduction
of eleven (11) offstreet parking spaces [eighteen (18) o feit parking spaces
required for clients according to Section 934.2.2.5]; zon- ., -3 Multifamily
Medium -Density Residential.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Denial.
PUBLIC WORKS No comments.
PLAT AND STREET N/A.
DADE COUNTY TRANSPORTATION No"Comments.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A
Violation(s) Cited: N/A
Ticketing Action: N/A
Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A
Total Fines To Date: N/A
CEB Action: N/A
:HISTORY The Zoning Board granted the Sp. Exception for 37 residents on 11/15/93; Res. No. ZB 112-93 by
a vote of 7-0 and passed at the City Commission meeting of 1/27/94 by Res. No. 94-52.
ANALYSIS On November 15, 1993, the Zoning Board approved an adult congregate living facility (ACLF) for
37 clients on the subject property; the Special Exception request at this time is: 1) to
increase the number of clients from 37 to 72 and, 2) to provide a total of 11 parking spaces
(22 required). The City recognizes the need for such facilities but, in this case, by
increasing to 72 clients, the facility will be overcrowded and provide only 11 of the 22
required parking spaces so that this facility will negatively impact the neighborhood. Based on
the above findings, the Department is recommending denial of the application as presented.
ZONING BOARD Recommended denial to City Commission. (Res. No. 125-94) 9 rJ 137
APPELLANT Catalina Calderon
CITY COMMISSION . J
APPLICATION NUMBER 94- 329 Page 1 November 21, 1994
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November 2 _ , 1 0 4
Att., Tere•sits !,-�iiscaiba.r
RA, ATr'T- (':it.y of Miami
Plannin, `r.uilding & Zoning Department
Zoning Eoaz d
Hearing (IoArd Division
Dear Teresi!:.a,
My netme is CATALINA B. CALDERON, owner of 2100 &-2110
N.W. 26th Street. On November 21, 1994 your Board denied Petition
For Reduction :if Parking Spaces and Increasing the amount of
clients from 17 to i 2.
z hay-e decided to Appeal the decision of the Board and
would like to F�ert.ition for 55 clients instead of the 72 originally
asked Co-. 1'::c :5 clients will reduce the density and the parking
spaces needed.
Tf y:,u have any questions, please do not hesitate to
call.
matter..
Than.kir,g you in advance for your cooperation in this
2825 S.W. 129th Avenue
Miami, Florida 33175
Phone : (305)553-2323
Fax : (305)553-5450
Beeper: (305)952-4921
r.
i
95- 137
Mr. Osvaldo Moran-Ribeaux offered the following Resolution
and moved its adoption.
RESOLUTION ZB 125-94
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305
OF ORDINANCE 11000, AS AMENDED, THE ZONING BOARD
RECOMMENDED DENIAL TO THE CITY COMMISSION OF THE SPECIAL
EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE'OF THE CITY OF MIAMI, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, CONDITIONAL
PRINCIPAL USES, TO INCREASE AN EXISTING COMMUNITY BASED
RESIDENTIAL FACILITY FROM THIRTY SEVEN (37) TO SEVENTY
TWO (72) CLIENTS; SUBJECT TO A REDUCTION OF ELEVEN (11)
OFFSTREET PARKING SPACES [EIGHTEEN (18) OFFSTkEET PARKING
SPACES REQUIRED FOR CLIENTS ACCORDING TO SECTION
934.2.2.53, PER PLANS ON FILE, FOR THE PROPERTY LOCATED
AT 2100/2110 N.W. 8THI-STREET MORE PARTICULARLY DESCRIBED
AS LOTS 5 & 6 LESS THE NORTH 10', BLOCK 5, ALLAPATTAH
HIGHLANDS SUBDIVISION (12-24) PUBLIC RECORDS OF DADE
COUNTY; ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL.
Upon beinr seconded by Mr. George L. Sands
the motion gas passed and adopted by the following vote:
AYES: Mses. Basila and Morales. Messers.
Moran-Ribeaux, Sands, Barket, Carman,
Crespo and Luaces.
NAYES: Ndne.
ABSENT: Mr. Milian and Ms. Hernandez.
Ms. Fernandez: Motion carries 8-0.
November 21, 1994 Item# 5
Zoning Board
95-- 13-7
ZONING BOARD AfTION ON PETITION FOR SPECIAL EXCEPTION
I move tha, ie request on agenda item be tdeniedL
(granted) in _at the requirements of Section 3305 (were) -(were
not) satisfied by relevant evidence in the record of the public
hearing.
a) as stated in the City's findings of fact, or
I.. >
b) as demonstrated by the petitioner, or
c) on the basis of the following:
The Zoning Board, in its decision to (grant) (deny) the special
exception, shall make written findings that the applicable
requirements of this Zoning Ordinance, Section 2305, (have) (have
not) been met.
Circle ayyroyriate conditions: -
1305.1 Inaress and Burnes.
Due consideration shall be given to adequacy of ingress
and egress to the property and structure and uses thereon, with
particular reference to automotive and pedestrian safety and
convenience, traffic flow and control, and access in case of fire
and emergency.
1305.2 Offstxwt Parking and Loading
Due consideration shall be given to offstreet parking and
loaning facilities as related to adjacent streets, with
particular reference to automotive and pedestrian safety and
convenience, internal traffic flow and control, arrangement in
relation to access in case of fire or other emergency, and
screening and landscaping.
1305.3 Refuse and service areas.
Due consideration shall be given to the location, scale,
design, and screening 1 refuse and service areas to the manner
in which refuse is to stored; and to the manner and timing of
refuse collection anc sliveries, shipments, or other service
activities, as such mar -,.are relate to the location and nature of
uses on adjoining properties and to the location and character of
adjoining pu, is ways.
1305.4 Signs and liahting.
Due consideration shall be given to the number, size,
character, location and orientation of proposed signs, and of
proposed 1 sting for signs and premises, with particular
reference t:. ..raffic safety, glare, and compatibility and harmony
with adjoining and nearby property and the character of the area.
95- 1.37 '
1305.5 Utilities.
Due consideration shall be given to utilities required,
with particular reference to availability and capacity of
systems, location of connections, and potentially adverse
appearance or other adverse effects on adjoining and nearby
property and the character of the area.
1305.6 DrainaQs
Due consideration shall be given for drainage, with
particular reference to effect on adjoining and nearby properties
and on general drainage systems in the area. Where major
drainage volumes appear likely and capacity of available systems
is found marginal or inadequate, consideration shall be given to
possibilities for recharge of groundwater supply on the property,
temporary retention with gradual discharge, or other remedial
measures.
1305.7 Preservation of natural features.
Due consideration shall be given to provision for the
preservation of existing vegetation and geological features
whenever possible.
1303.8 Control of potentially adverse effects generally.
in addition to consideration of detailed elements
indicated above, as appropriate to the particular class or kind
of special permit and the circumstances of the particular case,
due consideration shall be given to potentially adverse effects
generally on adjoining and nearby properties, the area, the
neighborhood, or the City, of the use or occupancy as proposed,
or its location, construction, design, character, scale or manner
of operation. Where such potentially adverse effects are found,
consideration shall be given to special remedial measures
appropriate in, the particular circumstances of the case,
including screening or buffering, landscaping, control of manner
or hours of operation, alteration of use of such space, or such
other measures as are required to assure that such potential
adverse effects will be eliminated or minimized to the maximum
extent reasonably feasible, and that the use of occupancy will be
compatible and harmonious with other developient in the area to a
degree which will avoid substantial depreciation of the value of
nearby property.
Ssgnature
f l �• � �i
Date
r 95- 137
APPL I CAT ION FOR SPECIAL EXCEPTION File Number 4-3AI
Within the City generally, or within certain zoning districts,
certain structures, uses, and/or occupancies specified in this
ordinance are of a nature requiring special and intensive review
to determine whether or not they should be permitted in specific
locations, and if so, the special limitations, conditions, and
safeguards which should be applied as reasonably necessary to
promote the general purposes of this Zoning Ordinance, and, in
particular, to protect adjoining properties and the neighborhood
from avoidable potentially adverse effects. it -is further
intended that the expertise and judgement of the Zoning Board be
exercised in making such determinations, in accordance with the
rules, considerations and limitations relating to Special
Exceptions. (See Article 16)
Formal public notice and hearing is mandator] for Special
Exceptions. The Zoning Board 'Jall be solely responsible.for
determinations on applications for Special Exceptions. All
applications shall be referred to the director of the Department
of Planning, Building and Zoning for his recommendations and the
director shall make any further referrals required by these
reg lations.
IN C,&Jb910hereby' apply to the City,$f Miami Zoning Board for
approval of a Special Exception for property located at d / OV 21 1 o /U.(IJ ZA r �
Nature of Proposed Use (Be specific) '7"D / rFYJ QX►
ACLF ro rn 3-7 C/1en4- c%enfs.
In pport of this application, the following material is submitted:
_.-.. 1. Two copies of a survey of the property Prepared by a State of Florida
Registered land Surveyor.
2. Four copies of: thesite plan showing (a required) property boundaries,
existing (if any) and proposed structure(s), • parking, landscaping
ns
etc; building elevatioand dimensions and' computations of lot area
and building spacing.
disclosing ownershi of property covered by application and
Affidavits � P
,� disclosure of interest form (attach to application).
d. Certified list of owners of real estate within a 315-toot radius of the
outside boundaries of property covered by the application.
S. At least two photographs that show the entire property (land and improve -
ants).
A. Other ( ify)
�. Fee o s ai SE to apply toward the cost of processing: 9 5 _ 13'7
Special Exception .......................... $650.00
Surcharge equal to applicable fee from item above,
not to exceed six hundred and fifty dollars ($650)
except from agencies of the city; such surcharge
to be refunded to the applicant if there is no
appeal from a property owner within three hundred
and seventy-five (375) feet of the subject property.
(City Code - Section 62-61) ;
Signature I I I'
O71;r/1
or z Agent
Name Al .D 4,^,)
Address
Phone
STATE OF FLORI
SS:
COUNTY OF 0 E
bei duly sworn deposes and says that he is the
--�,. y y
(Owner thor zed Agee Owner) of the real property described in answer to question it
a ve; that a has read the foregoing answers and that the same are true and complete;
and (if acting as agent for owner) that he has authority to execute this Petition on
behalf of the owner.
(aaN)
SVORN TO Ale SUBSCRIBED
before me this d�
My Cmission Expires:
00 P&O OFFICIAL NOTARY SEAL
O 4 LIZANETM T FERNAMOEZ
camose" H MNEN
< CC267206
%! a MY COMM"oN ExP.
FOF WP-6 MAR. 28 1627
• 95- 137
AFFIDAVIT
STATE OF FLORIDA
} SS
COUNTY OF DADE }
N -
Before at. the undersigned authority, this day personally, appfrhred
aA-rA'LtWA 5,o -013aa , who being by se first duly sworn, upon oath, de*ses
N
and says.,
I. That he is the owner, or the legal representative of the owner,
submitting the accompanying application for a public hearing as required by
Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real
property located in the City of Miami, as described and listed on the pages
attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their full
and complete Permission for his to act in their behalf for the change or modifica.
tion of a classification or regulation of zoning as set out in the accompanying
petition.
3. That the pages attached hereto and made a part of this affidavit
contain the current names, mailing addresses, phone numbers and legal descriptions
for the the real property of which he is the owner or legal representative.
4. The facts as represanted in -the application and documents submitted
in conjwct%m with this affidavit are true and correct.
1<urther Affl of sayeth not / jy)
Sworn to and Subscribed before me
this .,� day of
Nota!'c 1 ic, State of da at .Large ... _ ....___
My Commission Expires: NOTARY PUBLIC STATi O FLORgIDA
(SEAL)
95- 137
1.7
OWNER'S LIST
Owner's Name CAT A,t-t N A g . GA(OC-72.<W
Mailing Address 233 zsw I zQ AV M t AM I
e_
Telephone Number 41-4>' ^ 78
Legal Description: .� 0 -1-;�,e ,.t,c A� 4RIK --5-
Owner' s Name - - QA T A, L < N A B. U09- MCVAd
Mailing Address
Telephone Number
E%A0
Legal Description:
w
T
ER
Owner's Nape
Mailing Addressold
`=
Telephone Number
ti
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 375 feet of the subject site is listed as follows:
Street Address Legal Description
Street Address
Street Address
Legal Description
Legal Description 95 - 137
ti
DISCLOSURE OF OWNERSHIP
I. Legal des 'ition and street address of subject real property:
LETS ', LESS TH! NotiH \OI THE¢£o{= tty Eloetc 5, ps AllaPoftllA H Elcwt.d►+D S.
ACColz j TQ THE PI,OT T1,kEMt0r. $ECo2o><O IN PLAT 6oOlt 12, Poc,C 2.4, of
'i�1ig f'• ✓t-lG 1'G�ECO20 5 OF' l7dCE C.OUNT(� F\-pfalbp
2l00 A. Z(�o .:Ptw �8 ST MLA 6\&("F(. �r
Z. 4 nler(s) of subject real property and percentage of ownership. Note: City of Miami
Ordinance No. 9419 requires disclosure of all parties having a financial interest,
either direct or indirect, in the subject matter of a presentation, request or
petition to the City Commission. Accordingly, question 02 requires disclosure of
shereholders.of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
CA^rn I-tfV-A 13 . C &L 0M M-40%j of 28 7-r SW \29 &y. 3304-
%. OwNE2 .t.*IP
3. legal description and street address of any, real property (a) ownt + any Party
listed in answer to question it. and - (b) located within 315 feet 0% ne subject
real property.
7=UVNIR ArroiaE, FUR one
STATE OF FLORIDA } SS: N
COUIM OF OAK }
C kIAL 1 N A h.. CM-pi:o being iuly sworn, d"Na ant says that he is the
(Owner) (Attorney for Owner) of the real property Ancribed in answe to gwstion /I,
a e; hat he has row tpe "air-4 answers that the sae an trw area complete;
and (if acting as attorney fa owner) that he• rity to the Disclosure
of Ownership tore an behalf of the owner.
zna B4 ron ..�_(SFAL)
(Name) .
SWORN TO AND SUDSCjIDED
before me this '�
day of
Notary 11c, State 611DFlorida at Large
MY -*OMISSION EXPIRES:
NOTARY PUBLIC STATE OF IRIDA
BCODIGEEP1994
�UNEERALIN$- UW.0
. A
.
95- 137 I�
UNITY OF TITLE
WHEREAS, the undersigned is the owner of that property described as:
PARCEL A: Lot 6, less the North 10 feet thereof, and less that portion of Lot 6, described
as follows: The external area of circular curve having a radius of 25' and
tangents which are 25' West of parallel with the centerline of NW 21 Avenue
and 35' South of and parallel with the centerline of NW 28 Street, In Block
5 of ALLAPATTAH HIGHLANDS, according to the Plat thereof, as recorded
In Plat Book 12 at Page 24, of the Public Records of Dade County, Florida,
a/k/a 2100 Northwest nth Street, Miami Florida
and
PARCEL B: Lot 5, less the North 10 feet thereof, In Block 5 or ALLAPATTAH
HIGHLANDS, according to the Plat thereof, as recorded In Plat Book 12 at
Page 24, of the Public Records of Dade County, Florida, a/k/a 2110
Northwest 28th Street. MlamiAlorlde.
and
The undersigned recognizes and acknowledges that for the public health, welfare, safety or morals,
the herein -described property should not be divided into separate parcels owned by several owners
so long as the same is put to the hereinafter use, and
In consideration of the issuance of a permit to allow the properties to be used Jointly as an adult
congregate living facility, and for other good and valuable considerations, the undersigned hereby
agrees to restrict the use of the subject property in the following manner:
That said property shall be considered as one plot and parcel of land and that no
portion of said plot and parcel of land shall be sold, transferred, devised or assigned
separately, except in its entirety as one plot or parcel of land;
2. The undersigned further agrees that this condition, restriction and limitation shall be
deemed a covenant running with the land and. shall remain in full force and effect
and be binding upon the undersigned, their heirs and assigns until such time as the
same may be released in writing by the Director Planning, Building and Zoning or
his designated representative.
Provided, however, that this Unity of Title may be released by the Director of PlaLAing, Milding and
Zoning, or his designated representative, after approv f a site plan which meets all apecable City
regulations. —
�q�,, z .0
witnesses~ (rCL/ ; N
s
_ TALINA 711MN -
S A OF Ff RIDA )
COUNTY OF DADE
The foregoing instrument was acknowledged before me this _}2T/..day of August, 1993 by
CATALINA B. CALDERON, a single woman, who is personally k wn to me,. d
as identification Ad whojAd (thd npt)„tgke an oath.
7NIS DOCUMENT PREPARED BY:
MARCIA It. CABAIIERO, ESQUIRE
Florida Bar Number. 077A 454
Monks, Caballem & Martin•t,vielle, P.A.
2450 Southwest 137th Avenue, Suite 221
Miami, Florida 33175
/u (303) 553•9020
/ i ,
NO Y UBLIC
STATE OF FLORIDA AT LA (3F,' .i
My Commission expires:
Commission Number: •. �,� `c
95- 137
Mr. Elba Morales offered the following Resolution and
moved its adoption:
RESOLUTION ZB 112-93
AFTER CONS DERING THE FACTORS SET FORTH IN
SECTION 1305 OF ORDINANCE NO. 11000, AS
AMENDED, THE ZONING BOARD GRANTED THE SPECIAL
EXCEPTION AS LISTED IN ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, R-3 MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL
USES, TO ALLOW THE CONVERSION OF RESIDENTIAL
STRUCTURES TO AN ADULT CONGREGATE LIVING
FACILTITY (WHICH IS A TYPE OF COMMUNITY BASED
RESIDENTIAL FACILITY), FOR A TOTAL OF THIRTY
SEVEN (37) RESIDENTS AND ONE (1) EMPLOYEE;
REQUESTING A REDUCTION OF THREE (3) OF THE
TEN (10) REQUIRED PARKING SPACES, PER ARTICLE
9, SECTION 934.2.2.5 OF THE ZONING ORDINANCE,
SUBJECT TO CITY COMMISSION APPROVAL, FOR THE
PROPERTY LOCATED AT 2100-2110 NORTHWEST 28TH
STREET, ALSO DESCRIBED AS LOTS 5 & 6 LESS THE
N 10', BLOCK 5, ALLAPATTAH HIGHLANDS (12-24)
PUBLIC RECORDS OF DADE COUNTY; ZONED R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, PER
PLANS ON FILE. THIS SPECIAL EXCEPTION HAS A
TIME LIMITATION OF TWELVE MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED AND IT IS
SUBJECT TO THE ATTACHED CONDITIONS A, B, AND
C FROM THE PLANNING DIVISION OF THE PLANNING,
BUILDING AND ZONING DEPARTMENT, AND NO CARS
BACK UP INTO THE RIGHT-OF-WAY, PER THE PUBLIC
WORKS DEPARTMENT'S RECOMMENDATION.
V r7r
Upon being seconded by Ms. George Barket, the motion
was passed and adopted by the following vote:
AYES: Ms. Basila and Morales
Messrs. Sands, Luaces,-Barket,
Alonso-Poch and Milian
NAYES: None
ABSENT: Messrs. Moran-Ribeaux, Fox and Gener..
Ms. Fernandez: Motion carries 7 to 0.
November 15, 1993 Item $2
Zoning Board
9 5 -- 137 �
off.
a-�s-8e6C�)
1/7/94
MMZT1M NO 9 4 - 52
■'lu■■ Y:1: rldN •. •I' Y:1: /•; ■
:• m ■ tf' • ■ Y:1' V' :rN mumzP=As:A■ ■
•Y!■ ■ N: No. 11000. AS AbMNM, Y:f: zoNnG ORDmANCE
TO A1ZJN THE OP RESIDENTIAL
1■ ONE rul' • A:; A 'i:i■ 1 •: •1'
APPROVAL,FM Y:1: PR0PMW LOCAM AT 21OD-2110
TO Y:1' '•1 • ■ •• D •. OOPY •I' Y:1: IMAIY:
7HE APPLICANT SHAIX HE TMMVM BY TEE MY OF HIAMI;
SNAIL 13E REVIEM AND APPROVED BY TEE CM OP 111MI
PiAmmrx, BunmG Am zamG •w'JYw■ 1:
VEMMS, the City of Mlami ZoWs�g Bound at its meeting of November 15,
19M, Item No. 2. duly adopted Resoluticm No. Z'S 112-M by a sevea to zero
(7-0) vote, to grant the Speodal Mmytim, with &Nn al by the City
CmW ssiom, as listed iu Oadinme No. 11000, as amended, the Zoning Ozeimame
of the City Of Mtami. Florida, Article 4. Beoti m 401, Schedule of riot
Regula"Mfg, R-3 Multifamily KWb m-Dew ty Pawdential. 0miditiomal. Priaaipal
IIses, subjeot to the oanditione set forth hesatn balm; and
CITY COYMBSION
XEMING OF
JAN 7 7 IM �
9 5 - 137 A•■olutim No. �
OA_ �•)
VWW, the City Cm=i ssi m after aaa eful, o=sideration of this matter
+,. .. :•:. a=: .: : ••F, .. • _• �+ic+• • .0 .r •� r:..c • ��.•
i Y:1;1'Ji� �l'J; :1: �/;r�Ifl ;A� Y:1; •�„L.� It: •1' Y:1; N •1' „� „�
.ems . .�. Y• c :. •• •• • - •. • • •._ : n • .
'hereArk as if fully set forth in ttdB ft tiom.
of the City of Miami.. Florida, Article 4, Seotion 401. Sobedul a of Matri of
Reegul.atic m, R-3 Maltifamily MW'=-De=sity ResiAemti,a1, C=di tional. Priaatpal
Uses, to allow the o=versioa of residentialebruotmw to as adult oongregate
living facility (uhioh is a type of om=mi ty--based reW dential. facility) for
a total of thirty-sevea (37) resits and we (i) eVloyee; a
reduoticm of three (3) required parking spaces from the tea (10) required.
per)dmg Spsoes, Per Article 9. Seotian SH.2.2.5 of the Zonis Crdinam0e
snb jeot to City Commaission approval., for the ymvperty lomted at 2100-2110
Nortamt 28th Street, Miami. F'=ida, also deem bed as pots B and B less the
N 100 , M ook B, ALLAPATTM ffi ECAM, as reoarded is Plat Book 12 at Page 24
of the Pnhlio Reo=ft of Dude Co mty. P3.mida; WmA R-3 madi mm-
Dens3.ty PAuddemti=,., per pleas on file, eubjeot to the following om4itions:
(A) a oopy of the Bea7.th and . 1tative Servioss c$.R.S.) license 4s eled
to the applioaat dW I be reoeived by the City of Miami; (B) the visitatiom
policy and the staff passking policy shall be redawed and aPy oved by the City
of Miami Planning. 'ice and Zoning Department; (C) a time 1imi tatica of
a495
t�-elve (12) montbs is which a �i� pe=it must be obtained; and (D) the
backing of oars into the right -of —my EMU be prabibited, is berebq affirmed
and the Special Roeptim is bm*by granted.
Seotian 3. Mis Resolution st a11. beoome effective iannediately
upon its adoption..
PASSED AND ADMVM this 27th —day of January Ila".
sTEPim P . aLARk, ulym
M
/ca.�Nw�ry %P ,
VJ.ii f —;
GHH:ava:bss
9 5 - 13'7
a5
94- 52