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HomeMy WebLinkAboutExtension of Time Letter with R-07-0249April 2, 2008 VIA IlAND DELIVERY Ms. Teresita Fernandez Secretary Hearing Boards Office City of Miami 444 S.W. 2"d Avenue Miami_ Florida 33131 Re: City Commission Resolution R-07-0249 — ( File No. 06-01066x ) Request for Extension of Time Dear Ms. Fernandez: ©-Pt iegues 89 7776 [ s.marrerz hktaw.:om This letter constitutes a timely request for extension of time pursuant to Section 1606.2 of Zoning Ordinance 11000 for the Special Exception approval by the City Commission pursuant to Resolution No. R- 07-0249, On April 26, 2007, the City Commission denied the appeal of the Zoning Board approval below and affirmed the Zoning Board's approval of the Special Exception. For your reference and convenience, a copy of the Resolution is attached. The Resolution is conditioned, among other things, on a time limitation of twelve (12) months in which a building permit must be obtained. The Resolution also stated that n[t]his Resolution shall become effective immediately upon its adoption and signature of the Mayor." Attached is a certified statement from the City Clerk continuing that the Resolution became effective on May 7, 2007 when the Mayor signed the Resolution. On behalf of Georgia Apartments, LLC., please consider this letter as the timely request for a one (1) year extension of time for the Special Exception subject to conditions approved by the City Commission pursuant to Resolution No. R-07-0249. Please include this request in the next regularly scheduled Zoning Board hearing as a non-public hearing item. A check the extension of time fee is also included. Should you have any questions or need additional information, please do riot hesitate to contact me, Very truly yours, Ines Marrerd-P riegues Cc: Mr, Michael Cox Mr. Gonzalo De Ramon 524 982 vI Atlanta • Bethesda Q Boston • Chicago • Fort Lauderdale • Jacksonville • Los Angeles Miami • New York = Northern Virginia • Orlando • Portland • San Francisco Tallahassee • Tampa • Washington, D.C. . West Palm Beach t of a Cert fed Copy File Number: 06-€01066x City Hal: 3500 Pan An rc-n Drive Miami, FL, 33133 vow". miamigov.cm Eon ez t Number: R-07-0249 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING 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 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," SUBJECT TO CONDITIONS BY THE PLANNING DEPARTMENT AND THE CITY COMMISSION AS STATED; 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 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 affirm the recommendation of the Zoning Board and grant the Special Exception, with conditions, 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 denies the appeal and affirms 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 and Zoning Department: 1) The Applicant shall present all City of Yiami Page : qf 7 R-07-0 49 Hie rtin er: 06- 1066x.Enactment Number: R-07_. 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 further to a time limitation of twelve (12) months in which a building permit must be obtained. Section 3. in addition, the City Commission imposes the following conditions upon the applicant: a. The project shall be developed as housing for the elderly. b. If tax credits are not granted to the Developer, the Special Exception approval shall be reconsidered by the City Commission. c. The Developer will provide retail space on the ground floor. Section 4. The findings of fact set forth below are made with respect to the subject property: a. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the project that have been found by the City Commission (based upon facts and reports prepared or submitted by staff or others) to adhere to the following Design Review Criteria subject to the any applicable conditions herein: 1) Site and Urban Planning: Design Review Criteria Applicability Compliance (1) Respond to the physical Yes. *yes. contextual environment taking into consideration urban form and natural features; (2) Sitting should minimize the Yes. *yes. impact of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner Yes. *Yes. lots should be oriented to the corner and public street fronts. 11) Architecture and Landscape Architecture: Design Review Criteria Applicability Compliance Fik Number: Enactment Number: R-07 0249 (1) A project shall be designed to comply with all applicable landscape ordinances: (2) Respond to the neighborhood context; (3) Create a transition in bulk and scale; (4) Use architectural styles and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; Yes. Yes Yes. *Yes. Yes. Yes. *Yes. *Yes. (5) Articulate the building Yes. *Yes. facade vertically and horizontally in intervals that conform to the existing structures in the vicinity. III) Pedestrian Oriented Development: Design Review Criteria Applicability Compliance (1) Promote pedestrian Yes. *yes. interaction; (2) Design facades that Yes. *yes. respond primarily to the human scale; (3) Provide active, not Yes. *Yes. blank facades. Where blank walls are unavoidable, they should receive design treatment. IV) Streetscape and Open Space: Design Review Criteria Applicability Compliance (1) Provide usable open Yes. *Yes. space that allows for convenient and visible pedestrian access from the public sidewalk; fMiami Page 3 qf 7 R-07-0249 I Number: O6-01066x a her: !t " 0249 2) Landscaping, including plant material, trellises, special pavements, screen wails, planters and similar features should be appropriately incorporated to enhance the project. V) Vehicular Access and Parking; Yes. *Yes.. Design Review Criteria Applicability Compliance (1) Design for pedestrian and Yes. *Yes, vehicular safety to minimize conflict points; (2) Minimize the number and Yes. *Yes. width of driveways and curb cuts; (3) Parking adjacent to a street Yes. *Yes. front should be minimized and where possible should be located behind the building (4) Use surface parking areas Yes. *Yes. as district buffer, VI) Screening: Design Review Criteria Applicability Compliance (1) Provide landscaping that Yes. *Yes. screen undesirable elements, such as surface parking lots, and that enhances space and architecture; (2) Building sites should locate Yes. *Yes. service elements like trash dumpster, loading docks, and mechanical equipment away from street front where possible. When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front they should be situated and screened from view to street and adjacent properties; City of t ain: Pages of 7 P_p File Nu ibex; 06-01066x Enactment Number: R-07-0249 (3) Screen parking garage structures with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. VIl) Signage and Lighting: Yes. Design Review Criteria Applicability Compliance (1) Design signage appropriate Yes. *yes. for the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design Yes. *Yes. feature to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to Yes. *Yes. minimize glare to adjacent properties; (4) Provide visible signage Yes. `Yes. identifying building addresses at the entrance(s) as a functional and aesthetic consideration. VIII) Preservation of Natural Features: Design Review Criteria Applicability Compliance (1) Preserve existing vegetation Yes. *yes. and/or geological features whenever possible. IX) Modification of Nonconformities: Design Review Criteria Applicab€lity Compliance (1) For modifications of Yes. *Yes. nonconforming structures, no increase in the degree of nonconformity shall be allowed; c:i Uf A-1r:anzi Page 5 of " 1t-07-9249 File Number: 06-91066x. 'Enactment NtirnI)er: R-07-0249 (2) Modifications that Yes. *Yes, conform to current regulations shall be designed to conform to the scale and context of the nonconforming structure.. *Compliance is subject to conditions. These findings have been made by the City Commission to approve this project with conditions. Section 5. This Resolution shah become effective immediately upon its adoption and signature of the Mayor. {1} Date: JANUARY 25, 2007 Action: CONTINUED Date: FEBRUARY 22, 2007 Action: CONTINUED Date: MARCH 22, 2007 Action: CONTINUED Date: APRIL 26, 2007 Mover: COMMISSIONER SPENCE-JONES Seconder: VICE-CHAIRMAN SANCHEZ Vote: AYES: 2 - COMMISSIONER SANCHEZ AND SPENCE-JONES NOES: 1 - COMMISSIONER SARNOFF ABSENT: 2 - COMMISSIONER GONZALEZ AND REGALADO Action: ADOPTED WITH MODIFICATIONS Date: MAY 7, 2007 Action: SIGNED BY THE MAYOR CO, qf Miami Page 6 qf 7 R-07-924.9 File u her: i-ii(166x R-0'7-0249 i, Priscilla A. Thompson, City Clerk of the City of Miami, Florida, and keeper of the records thereof; do hereby certify that this constitutes a true and correct copy of Resolution No. R-07-6249. with attachments, passed by the City Commission on 4/26/2007. April 02, 2008 City I rk, Deputy Clerk (for P, A, Thompson, Date Certified City Clerk) {1} If the Mayor does not sign this Resolution, i 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. Cif c f Miurati f'age 7 ni ' k-r',?-i1?49 Lot, .11 Mock .3. of fiftS'fA.M.EN.11,1i.I.1.) PLAT OP FLORAL PR.K. acC:-.ording to Coe Piat tioreo. t,,.s fe=-ded !T1 . 1.-....1,11 re at Pa-,te 5_ of thc Ptiblic Records of Miami -Dade (...•oiiiiiy, i-loricia. Lot 111 less R.i.Jit ol1Way, Block 3, of FIRST .AMENDED PLAT OF FLORAL PAR.K, accordaii,i to the Nat thereo1 . as recorded in Plat Book. . at Page -3, of the Public Reeords of. Miaini-Dade County, ll Iorda. Lot 14 less Right of Way, Block 3, of FIRST AMENDED PLAT OF FLORAL PARK, according LO the Plat thereof, as recorded in Plat Book. 8, at Pa.,e 5, of the Public Re3o-rds of Miami -Dade County, Florida. Lot 15, Block 3, of FIRST AMENDED PLAT OF FLORAL PARK, accordini to the Plat thereof, as recorded in Nat Book SI, at Pace 5, of the Public. Records of Miami-DaLle County. Florida. of a aster depart Enactment Number; R-07-0249 City Ha 3500 Pan American Drive Miami, FL 33133 `diww_r iiarnigov.Cofi File Number: 06-(3i: 66x Version: 5 File Type: R.esointion Status: Passed Reference: Controlling Body: Planning & Zoning -- City- Commission File Name: Special Exception Appeal - Uptown Place Introduced: 6.912006 Requester: Cost: Final Action: 4/2672007 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH A.T T-ACI IM ENT(S), DENYING THE APPEAL, AFFIRMING 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 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," SUBJECT TO CONDITIONS BY THE PLANNING DEPARTMENT AND THE CITY COMMISSION AS STATED; PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED_ Sponsors: Notes: Indexes: Attachments: 06-01066x Analysis.pdf,06-01066x Code Enforcement 09-15-06.pdf,06-01066x Zoning Map.pdf.06-01066x Aerial .Map.pdf,06-01066x Letter of Intent.pdf,06-01066x Application & Supporting Docs.pdf 06-01066x Plans.pdf,06-01066x ZB Fact Sheet.pdf,06-01066x ZB Reso.PDF,06-0I066x Appeal Letter.PDF,06-01066x CC Legislation (Version 3).pdf,06-01066x CC Exhibit A_pdf,06-0.1066x CC Legislation (Version 4).pdf.06-01066x CC Exhibit A.pdf.06-01066x CC Fact Sheet 01-25-07.pdf,06-01066x CC Fact Sheet 02-22-07.pdf_06-01066x CC Fact Sheet 03-22-07.pdf,06-01066x CC Fact Sheet 04-26-07.pdf,06-01066x submittal chart building heights.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 Zoning Board 9/25/2006 APPROVED WITH Pass CONDITIONS 2 Office of the City 1 1 /1 412006 Rev iewed and Attorney Approved 3 Office of the City 12/12/2006 Reviewed and Attorney Approved ? Office of the City 12/12/200)6 Reviewed and Attorney Approved 2 City Count lesion 1 25/2007 CONTINUED City Commission 2/22/2007 CONTINUED {'i ' q Page ; r>rrnreJon 4;2.2008 iC o aster eport Enactment Number: R-07-0249 City Hall 3500 Pan American Drive Miami, FL 33133 WWW rniarnigov.cam ' Commission iy Commi Office o thf Office of t!i Office of th Attorney 0 ?t3 CONTINUED 4121rr2007 ADOPTED WE ill ' Ii'°IC' Ti(.)NS 5/7 2007 si ned by the Mayor Office oi'il;e City. Clerk Signed and Attested by City Clerk ReNikaved and Approved Action Note: Modifications made by Law Pass qf Miami =e' /'ri edon4712€0