HomeMy WebLinkAboutLegislation (Version 3)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive;'
Miami, FL 3S133
www.cii.miam .fl.us
Final Action Date:3/2712006
File Number: 06-00417x
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 72
ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "
EXHIBITIMELIMITATION
IAPURSUANT O PLANS 1 MONTHS IN WHICHA BUILDING PERMIT
ON FILE AND SUBJECT FURTHER TO A
TIME LIMITATION O (
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
Lion Miami
mi hereinafternd its inhabitants
abiet an s to reverse the decision
of the Zoning Board and grant the SpecialP
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
appropriate; and
c. The proposed garage structure layout provides adequate vehicular
City of Miami
Page 1 of 3
Printed On: 3/31/2006
Fife Number.- 06-00417x
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 td Board, (Rteso�tation ZB, the yQ 1159, adopted March
on hereby
grants the appeal, reverses the decision ofZoning
27, 2006), and approves the Special Exception Ordinance
of a densi, as ty equal to dRd3,th n this
e
Zoning Ordinance of the City of Miami, to allow multifamily s
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 app
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 Re-
strictions 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 WI
CITY ATTORNEY
Footnotes:
ten
{1} If the Mayor does not sign this Resolution, it shall become
vetoesc`this Resol t Hat the end of it shall
days from the date it was passed and adopted. If the Mayor
become effective immediately upon override of the veto by the City Commission.
Page 2 of 2
Printed On: 3/31/2006
City of Miami