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Legislation
Resolution: ZB-06-1158
city Hall
3500 Pan American
Dive
Miami `FL 33133
www.c:sniami.fi.us
File Number: 06-00416x Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD
AND THEREBY GRANTING 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 A MULTIFAMILY USE OF A DENSITY EQUAL TO "R-3," IN THIS CASE "R
-4," FOR THE PROPERTY LOCATED AT APPROXIMATELY 250 NORTHWEST 22
ND LANE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN ATTACHED
"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.10, adopted
Resolution No. ZB 06-1158 DENYING the request for a special exception, upon a motion to approve
with conditions which failed by a vote of two to four (2-4) and by virtue of the fact that Section 62-93 of
the City Code requires at least five (5) favorable votes for the approval of any item before the Zoning
Board; and
WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of
Miami, Florida, requires City Commission approves the Special Exception as hereinafter set forth; and
WHEREAS, the City Commission, after careful consideration of this matter and notwithstanding
the recommendation of the Zoning Board, 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 reverse the
recommendation of the Zoning Board and grant the Special Exception as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
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 fully advised in the premises, it is found that:
a. The applicant withdrew the request for a Class!! Special Permit, pursuant to Section
917.5 of the Zoning Ordinance, to allow one parking space per every two (2) dwelling units; and
b. The proposed use could be beneficial to the area in providing new affordable residential
units and new employment opportunities; and
c With respect to all additional criteria as specified in Section 1305 of Zoning Ordinance
City of Miami Page 1 of 2 Printed On: 3/31/2006
File Number: 06-00416x Enactment Number: ZB-06-1158
No.11000, the proposal has been reviewed and found to be adequate.
Section 3. Based upon the foregoing findings and determinations, the City Commission hereby
grants the appeal, reverses the decision of the Zoning Board, (Resolution ZB-06-1158, adopted March
27, 2006), and approves 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 "R-3," in this
case "R-4," for the property located at approximately 250 Northwest 22nd Lane, Miami, Florida, more
particularly described in "Exhibit A," subject to the following conditions:
a. The applicant shall present all final design details, including but not limited to, architectural
plans, site plan, elevations and floor plans for review and approval by the Planning Department, prior
to the issuance of any Building Permits and which clearly shows how the final project will respond to a
better transition to its neighborhood context and how the height, scale and massing will be
reconfigured in order to determine the impact to the surrounding area pursuant to Section 1305 of the
Zoning Ordinance.
b. The applicant shall present a recorded Declaration of Covenants and Restrictions, after
review and approval by the Office of the City Attorney, providing that the ownership, operation and
maintenance of all common areas and facilities will be by the property owner and/or a mandatory
property owner association. In addition, the applicant is required to record in the Public Records a
Unity of Title or covenant in lieu of a Unity of Title before the issuance of a shell permit.
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 %ti,Y4
CITY ATTORNEY
Footnots:
{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 Printed On: 3/31/2006