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Leg isiation
Resolution
Cy Ha
3500 Pan American
Drive
Miami, FL 33133
www.miamigovicom
File Number: 04-00081x 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, CONDITIONAL PRINCIPAL USES OF "C-2' LIBERAL
COMrvlERCIAL, CONDITIONAL PRINCIPAL USES (12), TO ALLOW MULTIFAMILY
RESIDENTIAL STRUCTURES OF A DENSITY EQUAL TO "R-3" OR HIGHER, IN
THIS CASE "R-4", AND ARTICLE 9, SECTION 917.6, REDUCTION IN PARKING
REQUIREMENTS FOR HOUSING FOR LOW-INCOME FAMILIES AND
INDIVIDUALS: TO ALLOW UP TO 50% PARKING REDUCTION, PROPOSED 194
PARKING SPACES, REQUIRED 265 PARKING SPACES, REQUEST TO WAIVE
71 PARKING SPACES (27% REDUCTION), FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3650 NORTHWEST 36TH STREET, 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 THE ISSUANCE OF A BUILDING
PERMIT, 2) IRRESPECTIVE OF THE REDUCTION REQUESTED THROUGH THIS
APPLICATION, AND PURSUANT TO SECTION 917.10 OF THE ZONING
ORDINANCE, ALL RESIDENTS SHALL BE ASSIGNED AT LEAST ONE SPACE
WITHOUT CHARGE, 3) APPLICANT SHALL PROVIDE NOT LESS THAN 229
PARKING SPACES.
WHEREAS, the Miami Zoning Board at its meeting on April 9, 2007, Item No. Z.6, following an
advertised public hearing, adopted Resolution No. ZB 07-0034 by a vote of four to two (4-2),
GRANTING the special exception as hereinafter set forth; and
WHEREAS, on April 24, 2007, Tony Recio, Esq., on behalf of Pinnacle Plaza, Ltd., timely filed an
appeal of the decision of the Zoning Board; and
WHEREAS, the City Commission after carefui 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 deerns 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:
City of Miami
Page 1 of 2
Prinied On: 7/6/2007
04-000E1 x
Secton 1, The recitals and findings contaned 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
Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401,
Conditional Principle Uses of i'C-2" Liberal Commercial, Conditional Principle Uses (1), to allow
multifamily residential structures of a density equal to "R-3" or higher, in this case "R-4," and Article 9,
Section 917.6, Reduction in Parking Requirements for Housing for Low -Income Families and
Individuals. to allow up to 50% parking reduction, proposed 194 parking spaces, required 265 parking
spaces, request to waive 71 parking spaces (27% reduction), for the property located at approximately
3650 Northwest 36th Street, Miami, Florida, legally described in attached "Exhibit A," pursuant to clans
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) Irrespective of the reduction requested through this application,
and pursuant to Section 917.10 of the Zoning Ordinance, all residents shall be assigned at least one
space without charge and 3) Applicant shall provide no less than 229 parking spaces.
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,
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