HomeMy WebLinkAboutCorrected Scrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Priscilla A. Th pson, City Clerk
FROM: Jorge L. Ferna,Or®ity Attorne
DATE: May 8, 200�7�--
RE: Corrected rivener's Error -Resolution No. 06-0233 adopted
April 10, 2006 (File No. 06-00417x)
Resolution No. 06-0233, adopted April 10, 2006, contains a scrivener's error in
Section 3(d) which stated that the applicant proffered a condition to only build
"affordable elderly housing," which was incorrect. It should have read that the applicant
proffered "affordable housing."
The Resolution has been modified to reflect this correction in Section 3(d) of said
Resolution.
Attachment
W1282:MGC
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City of Miami
Legislation
Resolution: R-06-0233
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 06-00417x Final Action Date:4/10/2006
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, TO ALLOW MULTIFAMILY RESIDENTIAL
STRUCTURES OF A DENSITY EQUAL TO "R-3" OR HIGHER, IN THIS CASE
"R-4," FOR THE PROPERTY LOCATED AT APPROXIMATELY 244 NORTHWEST
72ND TERRACE, 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.11, adopted
Resolution No. ZB 06-1159 by a vote of five to one (5-1), DENYING the request for a Special
Exception as hereinafter set forth; and
WHEREAS, on March 29, 2006, Adrienne F. Pardo, Esquire, on behalf of Grace Jackson, LLC
and Emerald Terrace, Ltd., (Applicants/Appellees), timely filed an appeal of the decision of the
Zoning Board; 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 decision 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,
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 fully advised in the premises, it is found that:
a. The proposed use is compatible with the area and will be beneficial by providing
affordable housing; and
b. The Special Exception, pursuant to the density equal to "R-4" Multifamily
Medium -Density Residential in the "C-2" Liberal Commercial District is
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appropriate; and
c. The proposed garage structure layout provides adequate vehicular
circulation; and
d. With respect to all additional criteria as specified in Section 1305 or
Zoning Ordinance 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-06-1159, 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 244 Northwest 72nd
Terrace, 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 which clearly shows how the final project will respond to a
better transition to its neighborhood context and how the articulation of the
facades, scale and massing will be configured in order to determine the
impact to the surrounding area pursuant to Section 1305 of the Zoning
Ordinance.
b. All residents shall be assigned at least one space without charge unless
written certification from the corresponding state or federal agency in
charge of the program is provided, to the Planning Department prior to the
issuance of any building permit.
c. The applicant shall present a recorded Declaration of Covenants and
Restrictions 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.
d. The City Commission accepts the proffer by the applicant that they will
develop the project as affordable housing pursuant to the applied for tax credits
for affordable housing and further that if the applicant fails to develop the project
as affordable housing they must go to the City Commission for approval.
e. The applicant shall provide notice, in a form acceptable to the City Attorney,
to all persons who acquire an interest in the property that they will be moving
into a liberal commercial district and that they waive their right to object to the
lawful secondary effects of the preexisting commercial uses.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
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File Number. 06-00417x
Enactment Number: R-06-0233
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORG L FERNANDEZ '♦ J
ITY TIRNEY
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
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