HomeMy WebLinkAboutZB ResoMiami Zoning Board
Resolution No.: 06-1163
Monday, March 27, 2006
Mr. Miguel Gabela offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF
ORDINANCE NO. 11000, THE ZONING BOARD MADE A MOTION TO APPROVE
WITH CONDITIONS WHICH FAILED (4-2), CONSTITUTING A DENIAL OF 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, TO ALLOW MULTIFAMILY RESIDENTIAL
STRUCTURES OF A DENSITY EQUAL TO R-3, IN THIS CASE, R-4 FOR THE
PROPERTY LOCATED AT APPROXIMATELY 401 NORTHWEST 71ST STREET,
MIAMI, FLORIDA, LEGALLY DESCRIBED IN "EXHIBIT A" (HEREBY ATTACHED),
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-2 LIBERAL
COMMERCIAL.
Upon being seconded by Mr. Ron Cordon, 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
noise, fumes, odors, commercial vehicle intrusion, traffic conflicts, and the
spillover effect of Tight 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.
Therefore, the motion was passed and adopted by the following vote:
Mr. Ron Cordon Yes
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza No
Mr. Charles A. Garavaglia No
Ms. lleana Hernandez -Acosta Yes
Ms. Chloe Keidaish Away
Mr. Carlos Martell Away
Mr. Juvenal A. Pina Away
Mr. Angel Lrquiola Yes
AYE: 4
NAY: 2
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 3
Ms. Fernandez: Motion carries 4-2
eresita L'ernandez, Executive Secretary
Hearing Boards
File ID#: 06-00415x Z.9
EXI
DESCRIPTION
LANDS DESCRIBED IN OFFICIAL RECORD BOOK 13130, PAGE 5513, MIAMI--DADE COUNTY PUBLIC
RECORDS
PARCEL 1:
COMMENCING AT A POINT ON THE SOUTH LINE OF THE S.W. X OF SECTION 12, TOWNSHIP 53
SOUTH, RANGE 41 EAST, DADE COUNTY, FLORIDA, AT A DISTANCE OF 1320 FEET EAST OF THE
S.W. CORNER OF THE S.W. 'M OF SAID SECTION 12, THENCE NORTH PARALLEL TO AND 1320 FEET
EAST OF THE NEST LINE OF THE S W. g OF SAID SECTION 12. FOR A DISTANCE OF 35 FEET TO
THE POINT OF BEGINNING;; THENCE CONTINUE NORTH PARALLEL TO AND 1320 FEET EAST OF THE
WEST UNE OF THE S.W. % OF SAID SECTION 12 FOR A DISTANCE OF 550.63 FEET TO THE
SOUTHERLY RIGHT-OF-WAY LINE OF THE OKEECHOBEE BRANCH OF THE FLORIDA EAST COAST
RAILWAY; THENCE EAST ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF THE OKEECHOBEE
BRANCH OF THE FLORIDA EAST COAST RAILWAY FOR A DISTANCE OF 270.96 FEET TO A POINT
WHICH IS 1093.56 1-t±T NEST OF THE EAST LINE OF THE S.W. % OF SAID SECTION 12; THENCE
SOUTH ALONG A LINE PARALLEL TO AND 1093.56 FEET WEST OF THE EAST LINE OF THE S.W. J'
OF SAID SECT70N 12 FOR A DISTANCE OF 552.28 FEET TO A POINT; SAID POINT BEING 35 FEET
NORTH OF THE SOUTH LINE OF THE S PP: J OF SAID SECTION 12; THENCE WEST PARALLEL TO
AND 35 WIRTH OF THE SOUTH UNE OF THE S.W. M OF SAIDON 12, FOR A
OF 270.02 FE(FEET TO THE POINT OF BEGINNING. THE ABOVE PPARCELSECTICONTAINING 3.43 ACRES,NE
MORE OR LESS AND LYING AND BEING IN DADE COUNTY, FLORIDA.
EXCEPTING:
A PARCEL OF LAND CONTAINING 1.62 ACRES MORE OR LESS, IN THE S.W. OF SECTION 12,
TOWNSHIP 53 SOUTH, RANGE 41 EAST, DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT A POINT ON THE SOUTH LINE OF THE S.W. OF SAID SECTION 12, AT A
DISTANCE OF 1320 FEET EAST OF THE S.W. CORNER OF THE S.W. % OF SAID SECTION 12;
714 NC6 RUN NORTH PARALLEL TO AND 1320 FEET EAST OF THE NEST LINE OF THE S.W ( OF
SAID LITTLRIVER N12, THE SUBSTATION PROPERTY AS RECORDED N PLATE BEING THE EAST UNE OF TRACT
BOOK 58, AT PAG � 1. OF THLY E
ON
PUBLIC' RECORDS -OF DADE COUNTY, FLORIDA, FOR A DISTANCE OF 325.63 FttT TO THE POINT OF
BEGINNING OF THE FOLLON7NG DESCRIBED PARCEL,' THENCE CONTINUE NORTH ALONG THE LAST
DESCRIBED COURSE, THE' SAME BEING 174E EAST LINE OF TRACT B AND TRACT A OF THE SAID
LITTLE RIVER SUBSTATION PROPERTY, FOR A DISTANCE OF 260 FEET TO THE SOUTHERLY
RIGHT -DE -WAY LINE OF THE OKEECHOBEE BRANCH OF THE FLORIDA EAST COAST RAILWAY;
THENCE RUN EAST ALONG THE SAID SOUTHERLY RIGHT-OF-WAY LINE OF THE RAILWAY FOR A
DISTANCE OF 270.96 FEET TO A POINT WHICH IS 1093.56 FEET WEST OF THE EAST LINE OF TH,
5.75! % OF THE SAID SECTION 12; THENCE SOUTH ALONG A LINE PARALLEL TO AND 1093.56
FEET NEST OF THE EAST LINE OF THE SW. , OF SAID SECTION 12 FORA DISTANCE OF 260
FEET TO A POINT; THENCE NEST ALONG A LINE PARALLEL TO AND 260 FEET SOUTH OF THE
SAID SOUTHERLY RIGHT-OF-WAY LINE OF THE RAILWAY, FOR A DISTANCE OF 270.48 FEET TO THE
POINT OF BEGINNING.
PARCEL 3
COMMENCING AT THE SOUTHEAST CORNER OF THE S.W. , OF SECTION 12, TOWNSHIP 53 SOUTH,
RANGE 41 EAST, DADE COUNTY. FLORIDA; THENCE NEST ALONG THE SOUTH LINE OF THE
S.W.1/4 OF SAID SECTION 12 FOR A DISTANCE OF 850 FEET TO A POINT; THENCE NORTH
PARALLEL WITH AND 850 FEET WEST OF THE EAST LINE OF THE S'..'. %-/IF SAMO. SECTION 12 FOR
A DISTANCE OF 35 FEET TO THE POINT OF BEGINNING; THENCE NORTH PARALLEL M TH AND 850
FEET HEST OF THE EAST LINE OF THE S.W. J4 OF SAID SECTION 12 FORA DISTANCE OF 553.71
FEAST TO THE COAST RAILOKEECHOBEERIGHT-OE-WAY LINE OF THE BRANCH FLORIDA
WAY,' THENCE WEST ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF THE
OKEECHOBEE BRANCH OF THE FLORIDA EAST COAST RAILWAY FOR A DISTANCE OF 243.56 FEET
TO A POINT; THENCE SOUTH PARALLEL TO THE EAST LINE OF THE S.W. 14 OF SAID S6C70N 12
FOR A F THE scum
LINE OFT71E SW. ,�G or SAISTANCE' OF 552.28D SECTIONT To AI2;THENCE EAST PARNT, SAID POINT ALLEL TO THE NG 35 FEET NSOUTH ORTH LINE OF THE
S.W. ,4 OF SAID SECTION 12 FOR A DISTANCE OF 243.56 FEE I TO THE POINT OF BEGINNING;
THE' ABOVE PARCEL CONTAINING 3.09 ACRES, MORE OR LESS AND LYING AND BEING IN DADE
COUNTY, FLORIDA.
TOGETHER 144771:
LANDS DESCRIBED IN OFFICIAL RECORD BOOK 9868, PAGE 664, MIAMI-DADE COUNTY PUBLIC
RECORDS
PARCEL 2:
COMMENCING AT THE SOUTHEAST CORNER OF THE S.W. ,4' or SECTION 12, TOWNSHIP 53 SOUTH,
RANGE 41 EAST, DADE COUNTY, FLORIDA; THENCE WEST ALONG THE SOUTH LINE OF THE S.W. g
OF SECTION 12 FOR A DISTANCE OF 700 FEET TO A POINT; THENCE NORTH PARALLEL WITH
AND 700 Ftt i WEST OF THE EAST UNE OF THE S.W. 34 OF SAID SECTION 12, FOR A DISTANCE
OF 35 Ftt 1 TO THE POINT OF BEGINNING, THENCE NORTH PARALLEL PITH AND 700 Fat WEST
OF THE EAST LINE OF THE S W. % OF SAID SECTION 12, FORA DISTANCE OF 554.61 FEET
OKEECHOBEE HOBEES50 FEET BRANCH OFRE OR THI FLORIDA EAST COAST RAITO THE ILWAY TH NE OF THE RIGHT-OF-WAY OFTNENE WESTERLY ALONG THE
SOUTH LINE OF SAID-RIGHT:OF-WAY A DISTANCE OF 150 FEET; THENCE SOUTH PARALLEL TO
THE EAST LINE OF THE S.W 1i OF SAID 5EC770N 12 FORA DISTANCE OF 553.71 FEET MEASURED
(550 FEET MORE OR LESS, DEED) TO A POINT, SAID POINT BEING 35 FEET NORTH OF THE SOUTH
LINE OF THE SW % OF SAID SECTION 12 THENCE EAST PARA11 FT TO THE SOUTH LINE OF TTIE
AN• D 6NG IN DADECTTON COUNTY, FLORIDA, FOR A 15TANCE OF CONTANING150 1.87EET TO THE ACRES, MOREOORT OF BEGINNING, LYING
LESS