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Legislation
Resolution
City„Hail
3500 Part. American
D rive
Miami, F L.33133
www.ci.miani.fl.us
File Number: 06-00415x 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 DENYING A 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, TO
ALLOW MULTIFAMILY STRUCTURES OF A DENSITY EQUAL TO "R-3," IN THIS
CASE "R-4," FOR THE PROPERTY LOCATED AT APPROXIMATELY 401
NORTHWEST 71 ST STREET, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN "EXHIBIT A," PURSUANT TO PLANS ON FILE 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 March 27, 2006, Item No. Z.9, adopted
Resolution No. ZB 06-1163 DENYING the request for a Special Exception, upon a motion to approve
the item which failed by a vote of four to two (4-2) and by virtue of the fact that Section 62-93 of the
City Code requires five (5) favorable votes for the approval of any item before the Zoning Board; and
WHEREAS, on March 29, 2006, Javier F. Avino, Esquire, on behalf of YMCA Village Phase I, LLC,.
and YMCA of Greater Miami, (Applicants/Appellees), timely filed an appeal of the decision of the
Zoning Board; 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 recommendation 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. After reviewing the record below and having heard argument of the parties, and being
otherwise duly advised in the premises, it is found that:
a. The approval of the special exception would be contrary to Section 1305.3 of the
Zoning Ordinance, entitled 'Use and occupancy criteria,' in that it will introduce
a residential element into an already established commercial district; and
b. The proposed use will operate in proximity to more intensive uses and it
will be difficult to protect the newly introduced residential areas from excessive
City of Miami
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File Number: 06--00415x
noise, fumes, odors, commercial vehicle intrusion, traffic conflicts, and the
spillover effect of light that currently exist in the district; and
c. The special exception must be denied to protect adjoining properties and
the neighborhood from avoidable potentially adverse effects of the
introduction of the residential use; and
d. The proposed ten (10) story building design is not in keeping with height
and scale of the traditional urban fabric of Little Haiti; and
e. The design of the facades of the proposed building along with the proposed
parking structure needs further study in order to explore the effects of the
specified materials, colors and articulation chosen by the architect.
Section 3. Based upon the foregoing findings and determinations, the City Commission hereby
denies the appeal, affirms the decision of the Zoning Board, Resolution ZB-06-1163, adopted March
27, 2006, and denies the Special Exception as listed in Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, to allow multifamily structures of a density equal to "R3," in this case "
R-4," for the property located at approximately 401 Northwest 71 st Street, Miami, Florida, more
particularly described in "Exhibit A."
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ apAi
CITY ATTORNEY
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.
Citv of Miami
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