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Legislation
Resolution
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Miami, FL 33133
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File Number: 06-OJO66x 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 DENYING 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 PROPERTIES LOCATED AT APPROXIMATELY 5211
NORTHWEST 17TH AVENUE, 1629 NORTHWEST 52ND STREET AND
1630-1640 NORTHWEST 53RD STREET, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBE❑ IN "EXHIBIT A,"SUBJECT TO THE FOLLOWING
CONDITIONS BY THE PLANNING DEPARTMENT: 1) THE APPLICANT SHALL
PRESENT ALL FINAL ❑ESIGN 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 SHOW 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 RECONFIGURED IN ORDER TO
DETERMINE THE IMPACT TO THE SURROUNDING AREA STIPULATED UNDER
SECTION 1305 OF THE ZONING ORDINANCE AND 2) 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; 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 September 25, 2006, Item No. Z.4, adopted
Resolution No. ZB 06-1232 by a vote of five to one (5-1), GRANTING a special exception as
hereinafter set forth; and
WHEREAS, on October 6. 2006, Herschel Haynes, on behalf of the Hadley Park/Model City
Homeowners Association, 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 does not
meet 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
City of Miami
Page 1 of 2 Printed On: 11/9/2006
Fite Number 06-01066x
reverse the recommendation of the Zoning Board and deny 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. The City Commission grants the appeal and reverses the decision of the Zoning Board
to grant the 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 properties located at approximately 5211 Northwest 17th
Avenue, 1629 Northwest 52nd Street and 1630-1640 Northwest 53rd Street, Miami, Florida, more
particularly described in "Exhibit A," attached and incorporated, subject to the following conditions by
the planning department: 1) 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 show 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 reconfigured in order to determine the impact to the surrounding area stipulated
under section 1305 of the zoning ordinance and 2) 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; pursuant to plans on file and subject to a time
limitation of twelve (12) months in which a building permit must be obtained.
Section 3. 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} 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 Vlianu Page 2 of 2 .Printed On: 11/9/2006