HomeMy WebLinkAboutCC Legislation (Version 4)y of it
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.m arnigov.com
File Number: 06-00417x1 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH A T TACHMENT(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 9, SECTION 917.6, REDUCTION IN PARKING REQUIREMENTS FOR
HOUSING FOR LOW-INCOME FAMILIES AND INDIVIDUALS, TO WAIVE 76 OF
THE REQUIRED 216 PARKING SPACES, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 244 AND 246 NORTHWEST 72ND TERRACE, MIAMI,
FLORIDA. PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME
LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST
BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS: 1) THE
APPLICANT SHALL PRESENT FINAL DESIGN DETAILS ON THE FACADES,
INCLUDING COLOR, SIGNS AND MATERIALS FOR REVIEW AND APPROVAL
BY THE PLANNING DIRECTOR PRIOR TO THE ISSUANCE OF A BUILDING
PERMIT, 2) THE APPLICANT SHALL ENSURE THAT THE PARKING SPACES
ARE PROVIDED FOR THE RESIDENCES AT NO EXTRA CHARGE OR RENT TO
ENSURE THAT THEY ARE UTILIZED AND THE VEHICLES DO NOT PARK ON
THE ADJACENT STREETS UNTIL ALL THE SPACES IN THE GARAGE ARE
USED AND 3) THE APPLICANT SHALL PROVIDE TWENTY-FOUR ADDITIONAL
PARKING SPACES (ON THEIR OWN PROPERTY) SUBJECT TO COMPLIANCE.
WHEREAS, the Miami Zoning Board at its meeting on March 26, 2007, Item No. Z.3, following an
advertised public hearing, adopted Resolution No. ZB 07-0025 by a vote of five to three (5-3),
GRANTING the special exception as hereinafter set forth; and
WHEREAS, on April 9, 2007, Adrienne Pardo, Esq., on behalf of Emerald Terrace Limited
Partnership, 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
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 recommendation of the Zoning Board to grant the Special Exception as listed in
City of Miami
Page 1 of 2 Printed On: 5/3/2007
File Number: 06-0C-141 7x1
Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section
917.6, Reduction in Parking Requirements for Housing for ow -Income Families and individuals, to
waive 76 of the required 216 parking spaces, for the properties located at approximately 244 and 246
Northwest 72nd Terrace, Miami, Florida, legally described in attached "Exhibit A," pursuant to plans on
file and subject to a time limitation of twelve (12) months in which a building permit must be obtained,
subject to the following conditions: 1) The Applicant shall present final design details on the facades,
including color, signs and materials for review and approval by the Planning Director prior to the
issuance of a building permit, 2) The Applicant shall ensure that the parking spaces are provided for
the residences at no extra charge or rent to ensure that they are utilized and the vehicles do not park
on the adjacent streets until all the spaces in the garage are used and 3) The Applicant shall provide
twenty-four additional parking spaces (on their own property) subject to compliance, is reversed, and
the Special Exception denied.
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 Miami
Page 2 of 2 Printed On: 5/3/2007