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2003-42-Z1 APPROVING THE ZONING APPLICATION BY CAROLYN L WALLACERESOLUTION NO9003-42-7,1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE ZONING APPLICATION SUBMITTED BY CAROLYN L. WALLACE (Z03-1) SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. 1. RECITALS WHEREAS, on December 3, 2003, the City Council, of the City of Miami Gardens, held a public hearing on Carolyn L. Wallace's application (03-1) for the following zoning request(s): 1. Permit for Accessory Structure (utility shed) Setback 3.11' from the interior side (east) property line (7.5' required). PROPERTY ADDRESS: 2775 N.W. 163^'' Street, Miami Gardens, Florida WHEREAS, notice has been provided to all interested parties and a neighboring jurisdiction regarding the application; and WHEREAS, the City Council has been advised by Miami-Dade County Department of Planning and Zoning that the subject application has been reviewed for applicable standards under Section 33-311(A)(14) (Alternative Side Development Option) or under Section 33- 311(A)(4)(b) or (c) (Alternative Non-Use Variance) of the Miami-Dade County Code; and WHEREAS, a public hearing of the City Council was advertised and held as required by law and all interested parties concerned in the matter were heard, and upon due and proper consideration having been given to the matter; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, THAT: H. APPROVAL 1. Based upon substantial competent evidence provided by Miami-Dade County and staff, the request Permit for Accessory Structure (utility shed) Setback 3.11' from the interior side (east) property line on the property described hereinabove, is hereby approved subject to the following terms and conditions; a. That a site plan be submitted to and meet with the approval of the Director of Planning and Zoning upon submittal of an application for a building permit; said plan to include among other things but not limited to, location of structure or structures, exits and entrances, drainage, walls, fences, landscaping, etc. b. That in the approval of the plan, the same be substantially in accordance with that submitted for the hearing entitled "Mrs. Carolyn Wallace," as prepared by C. Crawl, dated January 1, 2002 and consisting of 1 sheet, as it pertains to the variance related construction. Except as may be specified by any zoning resolution applicable to the subject property, any future additions on the property which conform to Zoning Code requirements will not require further public hearing action. c. That the use be established and maintained in accordance with approved plans. d. That the applicant apply for an secure a building permit for the existing shed from the Building Department within 120 days of the expiration of the appeal period for this administrative adjustment, unless a time extension is granted by the City Council of the City of Miami Gardens. e. That the existing shed located in the northeast comer of the property be screened from adjoining property by an opaque fence or wall at least six (6) feet in height and a hedge such as silver buttonwood, coco plum or golden dewdrop, 3'hight at the time of planting. f. That a Declaration of Use agreement in recordable form, limiting the property to single-family use be submitted prior to permit issuance. III. SEVERABILITY AND EFFECTIVE DATE. 1. If any section, subsection, clause of provision of this Resolution is held invalid, the remainder shall not be affected by such invalidity. All Resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. 2. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 3"^ day of December, 2003. -^Shirley Gib^on^^aycir ATTEST: lonetta Taylor, CMC^ity Clerk APPROVED AS TO FORM 7ICIENCY:AND y O ity Attomey VOTE: 7-0 Councilman Bratton moved, and Councilwoman Pritchett seconded approval of the requested zoning modifications, and upon a roll call the vote was 7 -0 in favor: Mayor Gibson x yes no Vice Mayor Campbell x ves ^no Councilman Bratton x ves no Councilman Braynon x ves no Coimcilwoman King x ves no Councilwoman Pritchett x ves no Councilwoman Watson x ves no STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-DADF ) I, RONETTA TAYLOR, Clerk of the City of Miami Gardens, Florida, do hereby certify that the above and foregoing is a true and correct copy of Resolution No. 03-Z-2 adopted by the City Council at its meeting held on 3^'' day of December, 2003. Ronetta Taylor, CMC City Clerk Issue date: OH:ch 2. CARYLON L. WALLACE 03-12-CMG-2 (03-1) (Applicant) CMG Hearing Date: 12/3/03 Property Owner (if different from applicant) Same. Is there an option to purchase □ / lease □ the property predicated on the approval of the zoning request? Yes □ No 0 Disclosure of interest form attached? Yes □ No 0 Previous Zoning Hearings on the Propertv: Year Applicant Request Board Decision NONE Action taken today does not constitute a final development order, and one or moreconcurrency determinations will subsequently be required. Provisional determinations orlistings of needed facilities made in association with this Initial Development Order shall not bebinding with regard to future decisions to approve or deny an Intermediate or FinalDevelopment Order on any grounds. ^ ^ 'j 3 AO MIAMI-DADE COUNTY DEPARTMENT OF PLANNING AND ZONING RECOMMENDATION TO THE CITY OF MIAMI GARDENS APPLICANT: Carylon L. Wallace PH: Z03-001 (03-12-CMG-2) SECTION: 16-52-41 DATE: December 3,2003 ITEM NO.: 2 A. INTRODUCTION o REQUEST: Applicant is requesting approval to permit an accessory structure (utility shed) setback 3.11" from the interior side (east) property line. (The underlying zoning district regulation requires 7.5'). Upon a determination that the applicable standards have been satisfied, approval of such request may be considered under §33-311(A)(14) (Alternative Site Development Option) or under §33-311(A)(4)(b) or (c) (Alternative Non-Use Variance). A plans is on file and may be examined in the Zoning Department entitled "Mrs. Carolyn Wallace," as prepared by 0. Crawl, dated January 1, 2002 and consisting of 1 sheet. Plans may be modified at public hearing. o SUMMARY OF REQUEST: The request will allow an existing utility shed to setback closer than permitted to a property line. o LOCATION: 2775 N.W. 163 Street, Miami Gardens, Florida, o SIZE: 75'X 105' o IMPACT: The approval of this request will allow the applicant to provide additional storage space. However, the reduction of the interior side setback area could visually impact the adjacent properties. B. ZONING HEARINGS HISTORY: None. C. COMPREHENSIVE DEVELOPMENT MASTER PLAN (CDMP1: The Adopted 2005 and 2015 Land Use Plan designates the subject property as being within the Urban Development Boundary for low density residential. The residential densities allowed in this category shall range from a minimum of 2.5 to a maximum of 6.0 units per gross acre. This density category is generally characterized by single family housing, e.g., single family detached, cluster, zero lot line and townhouses. It could include low-rise apartments with extensive surrounding open space or a mixture of housing types provided that the maximum gross density is not exceeded. Z/ Carylon L Wallace Z03-001 Page 2 D. NEIGHBORHOOD CHARACTERISTICS: ZONING Subject Property: RU-I; single-family residence Surrounding Properties: NORTH: RU-1; single-family residence SOUTH: RU-1; single-family residence EAST: RU-1; single-family residence WEST: RU-1; single-family residence LAND USE PLAN DESIGNATION Residential, 2.5 to 6.0 dua Residential, 2.5 to 6.0 dua Residential, 2.5 to 6.0 dua Residential, 2.5 to 6.0 dua Residential, 2.5 to 6.0 dua The subject parcel is located on the north side of N.W. 163 Street and west of N.W. 27 Avenue. This home lies within a developed single-family neighborhood. Upon inspection, staff noted numerous accessory structures in the area ranging from sheds to carports. E. SITE AND BUILDINGS: Site Plan Review: Scale/Utilization of Site: Location of Buildings: Compatibility: Landscape Treatment: Open Space: Buffering: Access: Parking Layout/Circulation: VisibilityA/isual Screening: Energy Considerations: Roof Installations: Service Areas: Signage: Urban Design: Acceptable Acceptable Acceptable Unacceptable Acceptable Unacceptable Acceptable Acceptable Acceptable N/A N/A N/A N/A N/A F. PERTINENT REQUIREMENTS/STANDARDS: Section 33-311(A)(14)(c)-Alternative Site Development for Single-Family and Duplex Dwellings The following standard is an alternative to the generalized standards contained in zoning regulations governing specified zoning districts: Carylon L. Wallace Z03-001 Page 3 Setbacks for a single family or duplex dwelling shall be approved after public hearing upon demonstration of the following; • the character and design of the proposed alternative development will not result in a material diminution of the privacy of adjoining residential property: and • the proposed alternative development will not result in an obvious departure from the aesthetic character of the immediate vicinity, taking into account existing structures and open space; and • the proposed alternative development will not reduce the amount of open space on the parcel proposed for alternative development to less than 40% of the total net lot area; and • any area of shadow cast by the proposed alternative development upon an adjoining parcel of land during daylight hours will be no larger than would be cast by a structure constructed pursuant to the underlying district regulations, or will have no more than a de minimus impact on the use and enjoyment of the adjoining parcel of land; and • the proposed alternative development will not involve the installation or operation of any mechanical equipment closer to the adjoining parcel of land than any other portion of the proposed alternative development, unless such equipment is located within an enclosed, soundproofing structure; and • the proposed alternative development will not involve any outdoor lighting fixture that casts light on an adjoining parcel of land at an intensity greater than permitted by this code; and • the architectural design, scale, mass, and building materials of any proposed structure or addition are aesthetically harmonious with that of other existing or proposed structures or buildings on the parcel proposed for alternative development; and • the wall of any building within a setback area required by the underlying district regulations shall be improved with architectural details and treatments that avoid the appearance of a "blank wall"; and • the proposed alternative development will not result in the destruction or removal of mature trees within a setback required by the underlying district regulations, with a diameter at breast height of greater than ten (10) inches, unless the trees are among those listed in section 24-60(4)(f) of this code, or the trees are relocated in a manner that preserves the aesthetic and shade qualities of the same side of the lot; and • total lot coverage shall not be increased by more than twenty percent (20%) of the lot coverage permitted by the underlying district regulations; and Carylon L Wallace Z03-001 Page 4 • any structure within an interior side setback required by the underlying district regulations: is screened from adjoining property by landscape material of sufficient size and composition to obscure at least sixty percent (60%) of the proposed alternative development to a height of the lower fourteen (14) feet of such structure at time of planting; is screened from adjoining property by an opaque fence or wall at least six (6) feet in height that meets the standards set forth in paragraph (f) herein; and • any proposed alternative development not attached to a principal building, except canopy carports, is located behind the front building line; and • any structure not attached to a principal building and proposed to be located within a setback required by the underlying district regulations shall be separated from any other structure by at least three (3) feet: and • safe sight distance triangles shall be maintained as required by this code; and • the parcel proposed for alternative development will continue to provide on-site parking as required by this code; and • the parcel proposed for alternative development shall satisfy underlying district regulations or, if applicable, prior zoning actions or administrative decisions issued prior to the effective date of this ordinance (August 2, 0002), regulating lot area, frontage and depth; and • the proposed development will meet the following: interior side setbacks v/ill be at least three (3) feet or fifty percent (50%) of the side setbacks required by the underlying district regulations, whichever is greater. Notwithstanding the foregoing, no proposed alternative development shall be approved upon demonstration that the proposed alternative development: • will result in a significant diminution of the value of property in the immediate vicinity; or • will have substantial negative impact on public safety due to unsafe automobile movements, heightened vehicular-pedestrian conflicts, or heightened risk of fire; or • will result in materially greater adverse impact on public services and facilities than the impact that would result from development of the same parcel pursuant to the underlying district regulations; or • will combine severable use rights obtained pursuant to Chapter 33B of the code in conjunction with the approval sought hereunder so as to exceed the limitations imposed by section 33B-45 of this code. 5-^ Carylon L. Wallace Z03-001 Page 5 Proposed alternative development under this subsection shall provide additional amenities or buffering to mitigate the impacts of the development as approved, where the amenities or buffering expressly required by this subsection are insufficient to mitigate the impacts of the development. The purpose of the amenities or buffering elements shall be to preserve and protect the quality of life of the residents of the approved development and the immediate vicinity in a manner comparable to that ensured by the underlying district regulations. Examples of such amenities include but are not limited to: active or passive recreational facilities, common open space, additional trees or landscaping, convenient covered bus stops or pick-up areas for transportation services, sidewalks (including improvements, linkages, or additional width), bicycle paths, buffer areas or berms, street furniture, undergrounding of utility lines, and decorative street lighting. In determining which amenities or buffering elements are appropriate for a proposed development, the following shall be considered: • the types of needs of the residents of the parcel proposed for development and the immediate vicinity that would likely be occasioned by the development, including but not limited to recreational, open space, transportation, aesthetic amenities, and buffering from adverse impacts; and • the proportionality between the impacts on residents of the proposed alternative development and the immediate vicinity and the amenities or buffering required. For example, a reduction in lot area for numerous lots may warrant the provision of additional common open space. A reduction in a particular lot's interior side setback may warrant the provision of additional landscaping. Section 33-311(A)(4)(b) - Non-Use Variances from other than Airport Regulations. Upon appeal or direct application in specific cases, the Board shall hear and grant applications for non-use variances from the terms of the zoning and subdivision regulations and may grant a non-use variance upon a showing by the applicant that the non-use variance maintains the basic intent and purpose of the zoning, subdivision and other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community and provided that the non-use variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required. Section 33-311(A)(4)(c)-Aiternative non-use variance standard. Upon appeal or direct application in specific cases to hear and grant applications from the terms of the zoning and subdivision regulations for non-use variances for setbacks, minimum lot area, frontage and depth, maximum lot coverage and maximum structure height, the Board (following a public hearing) may grant a non-use variance for these items, upon a showing by the applicant that the variance will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions thereof will result in unnecessary hardship, and so the spirit of the regulations shall be observed and substantial justice done; provided, that the non-use variance will be in harmony with the general purpose and intent of the regulation, and that the same is the minimum non-use variance that will permit the reasonable use of the premises; and further provided, no non-use variance from any airport zoning regulation shall be granted under this subsection. Carylon L. Wallace Z03-001 Page 6 G. NEIGHBORHOOD SERVICES: DERM No objection Public Works No objection Parks No objection MDTA No objection Fire Rescue No objection Police No objection Schools No comment H. ANALYSIS: I niS appiicaiion was uaieneu iiuin mc iiiccnuy —w — Incorporation of the City of Miami Gardens. The applicant is seeking approval to permit an existing utility shed setback 3.11' from the interior side (east) property line where 7.5' is required by the underlying zoning district. The applicant indicates in the letter of intent that the existing shed is used to store gardening equipment, tools, tents and other gear related to the activities of Boy Scout Troops and Cub Scout Packs. The Department of Environmental Resources Management (DERM) has no objections to this application and has indicated that it meets the Level of Service (LOS) standards set forth in the Master Plan. The Public Works Department has no objections to this application and indicates that it will not generate any new additional peak hour trips. Staff is supportive of this application and the need to provide additional storage space for the residents at the subject site. This application is consistent with the CDMP that designates the area for Low Density residential use. The code provides for the approval of a zoning application which can demonstrate at a public hearing that the development requested is in compliance with the applicable alternative site development option standards and does not contravene the enumerated public interests standards as established under Section 33-311(A)(14). This application meets some of the applicable alternative site development option standards, such as, setbacks, spacing, location behind the front building line, lot coverage, etc. However, it does not meet the standard for screening from the adjoining property affected by the reduced interior side setback area. When analyzed under Section 33-311(A)(4)(b), the Non-Use Variance Standards, the request could be supported since staff finds that the non-use variance maintains the basic intent and purpose of the zoning, subdivision and land use regulations and does not detrimentally affect the stability and appearance of the community, with the imposition of a condition that the encroachment will be adequately landscaped to screen the accessory structure from the adjacent properties. If analyzed under Section 33-311(A)(4)(c), the alternative non-use variance, staff finds that this application does not meet the standards for same, since the subject site could be utilized in accordance with the underlying zoning district regulations and no undue burden or unnecessary hardship has been proven to result from the literal enforcement of said regulations. The approval of this request under Section 33- 311(A)(4)(b) would be compatible with the single-family character of the surrounding area and would not detrimentally affect same. As such, staff recommends approval with conditions of this application. 7 Carylon L. Wallace Z03-001 Page 7 I. RECOMMENDATION: Approval v\/ith conditions under Section 33-311(A)(4)(b), and denial without prejudice under Sections 33-311(A)(14) and 33-311(A)(4)(c). J. CONDITIONS: 1. That a site plan be submitted to and meet with the approval of the Director upon the submittal of an application for a building permit; said plan to include among other things but not be limited thereto, location of structure or structures, exits and entrances, drainage, walls, fences, landscaping, etc. 2. That in the approval of the plan, the same be substantially in accordance with that submitted for the hearing entitled "Mrs. Carolyn Wallace," as prepared by C. Crawl, dated January 1, 2002 and consisting of 1 sheet, as it pertains to the variance related construction. Except as may be specified by any zoning resolution applicable to the subject property, any future additions on the property which conform to Zoning Code requirements will not require further public hearing action. 3. That the use be established and maintained in accordance with the approved plan. 4. That the applicant apply for and secure a building permit for the existing shed from the Building Department within 120 days of the expiration of the appeal period for this administrative adjustment, unless a time extension is granted by the City of Miami Gardens. 5. That the existing shed located in the northeast corner of the property be screened from adjoining property by an opaque fence or wall at least six (6) feet in height and a hedge such as silver buttonwood, coco plum or golden dewdrop, 3' high at the time of planting. 6. That a Declaration of Use agreement, in recordable form, limiting the property to single- family use be submitted prior to permit issuance. DATE INSPECTED: DATE TYPED: DATE REVISED: DATE FINALIZED: DO'QW:AJT;MTF;TLR 04/28/03 05/06/03 05/12/03, 11/17/03, 11/19/03, 11/20/03 11/20/03 •An Diane O'Quinn Williams, Director A Miami-Dade County Department of ^ Planning and Zoning j^EMORANDUM TO; Diane O'Qram-WilKflms, Director DATE: Januaiy 29,2003Department of Planning and Zoning C-04 #22003000001 FROM; y<^c& W Robertson, Assistant Director Enviromnental Resources Management Carylon L. Wallace 2775 NW163"^ Street Approval to Pemnt an Existing SFR and Existing Accessory Structure to Setback less than Required from DFRM has reviewed the subject application and has detennmcd that it meets tte rinmtinmrequirements of Chapter 24 of the Code of the Maim-D^e CotmtyjFloi^ DERM mav approve the application and it may be scheduled for public hearing. DE^ h^also evaluated the request insofar as the general environmental intact that may denve from , and based upon the available information offers no objection to its approvaL This Department has no pertineni comments regarding this application since the request does not Ttflil any environmental concern. Tte a concurrency review for this appfatfon that thTsatne meets all applicable Levels of Service standanis for an infflal developl^t Crete.^sr^lfi^X adoptrf Ccmprehensive Development Master Plan for pot^ water syly.S^aal a^ floodlretedom Therefore, the w^cation has been approved for concurrency subject to the comments and conditions contained berem. This concurrency approval does not constitute a final concurrency statement and is valid only^teSvetop^m order as provided for in tl» adoptsreview Additionally, ti^ approval does not constitute any assurance that the LOS standar^ would be met by any subsequent development order applications concerning the subject property. In summary, the application meets the nnnimum requirements of Chapter 24 of the andtherefore, it may be scheduled for pubUc hearing; furthermore, ^ me^i^nm sMconstitute DERM'S written approval as required by the Code. ^evaluated the application so as to determine its gener^ envmm^^^^ ^ after reviewing the available information offers no otgections to the approval of the request. cc: Ruth Ellis-Myers, Zoning Evaluation-P«&Z Lyime Talleda, Zoning Hearings- P&Z Franklin Gutierrez, Zoning Agenda Coordinator-P&Z 9 PH# 03-01 CMG PUBLIC WORKS DEPARTMENT COMMENTS Applicant's Name: Carylon L. Wallace This Department has no objections to this application. This application does not generate any new additional daily peak hour trips, therefore no vehicle trips have been assigned. This meets the traffic concurrency criteria set for an Initial Development Order. I / P?iii1 A P.L.s" i MOV 1 9 2C03 ' Date to TEAM METRO NORTH CENTRAL OFFICE ENFORCEMENT HISTORY CARYLON L WALLACE APPLICANT 2775 NW 163 STREET MIAMI DADE COUNTY, FLORIDA ADDRESS 12-03-2003 DATE 03-01 HEARING NUMBER CURRENT ENFORCEMENT HISTORY: VIOLATOR:CARYLON L. WALLACE (OWNER) CMS CASE NOVEMBER 04, 2003 CMS CASE MAY 12, 2001 JUNE 26, 2001 2003005005319 INSPECTION MADE BY OFFICER JIMMY COLSON FOUND IN VIOLATION, A CBS SHED ERRECTED WITHOUT A PERMIT. CASE REFERED TO MIAMI DADE COUNTY BUILDING DEPARTMENT. 200105002350 WARNING NOTICE #025702, POSTED AT THE LOCTION FOR ERECTING AN ACCESSORY STRUCTURE WITHOUT A BUILDING PERMIT, BY OFFICER SYLVIA WILLIAMS. PROPERTY OWNER SUBMITTED REQUEST FOR AN EXTENSITON. EXTENSION GRANTED UNTIL AUGUST 12, 2001. II SEPTEMBER 20, 2001 NOVEMBER 20, 2001 MARCH 22, 2002 MAY 22,2002 November 04, 2003 PROPERTY SUBMITTED PROCESSING# N2002274318, FROM MIAMI DADE COUNTY BLDG. DEPARTMENT ALONG WITH 2^^ EXTENSION REQUEST. EXTENSION GRANTED UNTIL NOVEMBER 20, 2001. PROPERTY SUBMITTED REQUEST FOR AN EXTENSION. EXTENSION GRANTED UNTIL MARCH 20, 2002. PROPERTY SUBMITTED REQUEST FOR AN EXTENSION. EXTENSION GRANTED UNTIL MAY 22, 2002. PROPERTY OWNER PROVIDED ZONING PROCESSING# V2002000085, FOR VARRIANCE ALONG WITH REQUEST FOR AN EXTENSION. NO FURTHER ENFORCEMENT ACTIONS TAKEN, CASE OPEN AND PENDING. FOLLOW UP INSPECTION MADE BY OFFICER JIMMY COLSON, VIOLATION REMAINED, ACCESSORY STRUCTURE ERECTED WITHOUT A PERMIT. CMS CASE # MAY 12, 2001 JUNE 19, 2001 JULY 16, 2001 200105002309 CITATION# 776719 ISSUED FOR ALLOWING A VIOLATIVE CONDITION TO EXTST, JUNK VEHICLE ON THE PROPERTY, BY OFFICER SYLVIA WILLIAMS. PROPERTY OWNER REMOVED JUNK VEHICLE, VIOLATION CORRECTED, AFFIDAVIT OF COMPLIANCE SUBMITTED, NO APPEAL FILED. PROPERTY OWNER PAID CITTION# 776719 EN FULL, TOTAL AMOUNT $260.00, CASE CLOSED. 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