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HomeMy WebLinkAboutLegislation (Version 4)City of Miami Legislation Resolution City Hall 3500 Psi American Drive Miami .FL 33133 www.ciniami.fi.us Final Action Dle:3/27/20©6 File Number: 06-00417s A RESOLUTION OF THE MIAMI MING TNITY COMMISSION, E DECI ON OF THE ZON NG BOARD DENYING THE APPEAL, AFF1R AND THEREBY DENYING A SPE ON �G ORDINON AS ANCE OF T ©ICITOYOF M AMI, DINANCE NO. 11000, AS AMENDED, THE Z ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT OF A DENSITY EQUAL TO ' R �"TO ALLOW MULTIFAMILY STRUCTURESTHIS CASE "R-4," FOR THE PROPERTY LOCATED AT APRO PARTICULARLY NORTHWEST 72ND TERRACE, MIAMI, FLORIDA, MORE DESCRIBED 1N "EXHIBIT A," PURSUANT TTO VE (N2) MONTHS IN WHICH A SUBJECT FURTHER TO A TIME LIMITATION OF BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting March 7G t20©6, Item uest for a spec adl ptc ption ed Resolution No. ZB 06-1159 by a vote of five to one (5-1), as hereinafter set forth; and Jackson, LC WHEREAS, on March 29, 2006, Adrienne F. Pardo, Esquire, on behalff the oec of Grace sioof the Zoning and Emerald Terrace, Ltd., (Applicants/Appellees), timely file. an appeal 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 general Board and ellfare toe f the e City of Exception i and its inhabitants to affirm the recommendation of the Zoning 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 counsel, 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 Page 1 of 2 Printed On: 3/31/2006 City of .Miami Fife Nomber: 06-0041 ix excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts, and the spillover effect of light that currently exist in the district; and c. The Special must be denied to potentially properties and the neighborhood from avoidable advese effectsct adjoining of the introduction of the residential use; and d. The proposed design is not in keeping in scale with the surrounding neighborhood; and e. A wider range of articulation of the east and west facades and housing options within this project, including townhouse units, garden apartments, or garage liner units, combined with an apartment building, would be necessary for the project to transition in bulk and scale to its immediate context; and f. The design of the facades of the proposed building, along with the proposed parking structure needs further articstudy ulatione chosen by the architect. effects of the specified materials, colors and Commission Section 3. Based upon the foregoing findings and (Resolution ZB�p6 � 159 adopted March denies the appeal, affirms the decision of the Zoning Board 27, 2006), and denies the Special Exception ow listedarnrjiOrdly tructur s of a density ty equal amended,to R 3�' in this Zoning Ordinance of the City of Miami, to case "R-4," for the property located at approximately 244 Northwest 72nd Terrace, 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 C-114.0) CITY ATTORNEY Footnotes. {1} If the Mayor does not sign this Resolution, it shall ecome eff ti e at the end Resolution, ienthalllendar days from the date it was passed and adopted. If theMayor vetoes become effective immediately upon override of the veto by the City Commission. Page 2 of 2 Printed On: 3/31/2006 City of Miami