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HomeMy WebLinkAboutR-06-0060City of Miami Legislation Resolution: R-06-0060 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 05-00078b Final Action Date: 1/26/2006 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, TO ALLOW SURFACE PARKING, WITH A TIME LIMITATION AND SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 6789 BISCAYNE BOULEVARD, MIAMI, FLORIDA, ZONED "R-1" SINGLE FAMILY RESIDENTIAL, "C-1" RESTRICTED COMMERCIAL, "SD-9" BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT AND "SD-12" BUFFER OVERLAY DISTRICT, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting on November 28, 2005, Item No. 1, adopted Resolution No. ZB 2005-1087 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL with conditions of a special exception requiring City Commission approval as hereinafter set forth; 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 Zoning Board imposed a condition that the Special Exception runs with the operator only, however, Section 1309 of the Zoning Ordinance and applicable state law do not allow this type of condition to be imposed; and WHEREAS, the City Commission after careful consideration of this matter, finds the application for the Special Exception meets 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 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. After hearing argument and being otherwise fully advised in chambers, it is found that: (a) The application substantially meets the criteria found in Section 1305 of Zoning Ordinance No. 11000. (b) The conditions found below will mitigate any potentially adverse effects. Section 3. The Miami City Commission grants a Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 612, Schedule of District Regulations, to allow surface parking for the property located at approximately 6789 Biscayne Boulevard, Miami, Florida, more particularly described in "Exhibit A," pursuant to plans on file and City of Miami Page 1 of 2 File Id: 05-00078b (Version: 2) Printed On: 12/21/2016 File Number: 05-00078b Enactment Number: R-06-0060 subject to a time limitation of twelve (12) months in which a building permit must be obtained, and subject to the following conditions: (a) A new landscape plan, including landscaping along Biscayne Boulevard, with full specifications, must be submitted for review and approval by the Planning Department prior to the issuance of any builidng permit; and (b) The applicant shall submit final color and material samples for review of aesthetic impact, subject to design review and approval by the Planning Director prior to the issuance of any building permit. Section 3. 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. City of Miami Page 2 of 2 File Id: 05-00078b (Version: 2) Printed On: 12/21/2016