HomeMy WebLinkAboutLegislation (Version 3)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
Final Action Date:
Fite Number: 06-00429x
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 40 NORTHEAST
75TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "
EXHIBIT
TAT ON OF TWEL" PURSUANT VE (11
S ON FILE AND SUBJECT FURTHER TO A
TIMEIME L2) MONTHS IN WHICH A BUILDING PERMIT
MUST BE OBTAINED.
WHEREAS, the Miami Zoning Board at its meeting on March 27, 2006, Item No. Z.3, adopted
Resolution No. ZB 06-1155 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 five (5) favorable votes for the approval of any item before the Zoning Board;
and
WHEREAS, on March 29, 2006, Tony Recio, Esq., on behalf of Julien Robeson and PHG-
Holdings, LLC (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
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,
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 duly advised in the premises, it is found that
a. The proposed use could be beneficial to the area in providing new affordable
residential units and new employment opportunies; and
b. With respect to all additional criteria as specified in Section 1305 of Zoning
Ordinance 11000, the proposal has been reviewed and found to be adequate.
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4.
File Number: 06-00429x
Section 3. Based upon the foregoing findings and determinations, the City Commission hereby
grants the appeal, reverses the decision of the Zoning Board in Resolution ZB-06-1155, adopted
March 27, 2006, and thereby approves the Special Exception as listed in Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami, 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 40
Northeast 75th Street, 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 height, scale and massing will be re-
configured in order to determine the impact to the surrounding area stipulated
under 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.
d. 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
CITY ATTORNEY
Footnotes:
{1} !f 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.
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