HomeMy WebLinkAboutR-07-0544City of Miami
Legislation
Resolution: R-07-0544
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00081x Final Action Date: 9/27/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD
AS TO THE ADDITION OF ONE LEVEL OF PARKING WHICH CONDITION IS
ELIMINATED; 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, CONDITIONAL PRINCIPAL USES OF "C-2"
LIBERAL COMMERCIAL, 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.
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, in granting this special exception, the Miami Zoning Board inserted the following
condition in the special exception (Condition No. 3): one additional level of parking be provided to be
no less than 229 parking spaces; and,
WHEREAS, on April 24, 2007, Tony Recio, Esq., on behalf of Pinnacle Plaza, Ltd., timely filed an
appeal of Condition no. 3 contained in 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;
City of Miami
Page 1 of 2 File Id: 04-00081x (Version: 4) Printed On: 4/14/2017
File Number: 04-00081x Enactment Number: R-07-0544
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
Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401,
Conditional Principle Uses of "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 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) 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 is affirmed, 3) Condition No. 3 to provide no less
than 229 parking spaces is eliminated. Applicant shall provide no less than 194 parking spaces.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
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 File Id: 04-00081x (Version: 4) Printed On: 4/14/2017