Res No 089-18-15122RESOLUTION NO. 089-18-15122
A resolution of the City Commission for the City of South Miami,
encouraging the Miami-Dade County Board of County Commissioners to .
condition the granting of a non-use variance to Mini Warehouse of Kendall
LTD on the applicant's obtaining a non-use variance to allow non-connecting
streets and "T" turn arounds within this part of the" Downtown Kendall
Urban Center's Edge sub-district and denying it access to and from SW 84th
Street.
WHEREAS, Mini Warehouse of Kendall LTD ("Mini Warehouse") has applied for a
non-use variances of zoning regulations and the deletion of past agreements (restrictive
covenants) to develop the property at 8395 SW 67 Avenue with a mixed use building in the
Downtown Kendall Urban Center District; and
WHEREAS, to have the Downtown Kendall Urban Center District continue northward
on US 1 until it abuts the City of South Miami is not supported by the evidence in the record; and
WHEREAS, the Mini Warehouse application indicates that existing uses to the south of
the subject property are duplexes and to the east are multi-family residences, the Property
Appraiser's aerial map of the area shows that estate residential uses of the Snapper Creek Court
subdivision begin 170 feet to the south of the subject property, and the single family houses of
the Snapper Creek Groves subdivision begin 350 feet to the east of said property; and
WHEREAS, on page 2 ofthe final recommendation for Z 17 -150 prepared by the Miami
Dade Department of Regulatory and Economic Resources, Assistant Director Mr. Nathan Kogan
stated, "staff notes there is a barricade located on SW 84 St parallel to SW 67 Av .... .!t should be
noted that the barricade has been in existence for approximately 30 years, however no official
road closure is evidenced;" and
WHEREAS, Traffic Count Data taken Wednesday December 12, 1984 by the Highway
Division of the Department of Public works is in existence; and
WHEREAS, a letter from neighbor Ron and Elaine Neurhing to Dade County
Commissioner Clare Oesterle dated June 7, 1985 indicated that the barrier was erected May 31,
1985; and
WHEREAS, a letter from Dade County Commissioner Clare Oesterle dated April 10,
1985 exists acknowledging the Neurhing's work on the road closure and indicates proper steps
were taken to officially close the road; and
WHEREAS, a barricade blocking ingress and egress from S.W. 67 Avenue onto S.W. 84
Street has been in existence for over 33 years, and appears to have been installed by Miami-Dade
County since it includes a sidewalk separating S.W. 67th Avenue from S.W. 84th Street and the
sidewalk and the barrier has been effective at keeping traffic on S.W. 67 Avenue from entering
Res. No. 089-18-15122
the adjacent residential neighborhoods to the east, which also include the "Snapper Creek" area
of the City of South Miami; and
WHEREAS, to the knowledge of the representative of the local residents, no additional
tragic deaths have occurred since the barricade was erected; and
WHEREAS, in 200 I the City of South Miami spent over $200,000 to build a traffic
calming rotunda in an attempt to calm eastbound traffic on S.W. 84 Street at 59 Avenue; and
WHEREAS, on page 3 ofMr. Kogan's final recommendation he states: "From a zoning
perspective, in order to maintain the barricade, a non-Use Variance to allow non-connecting
streets and "T Turnarounds" should be requested;" and
WHEREAS, the City of South Miami, in order to protect its residents' health, safety and
welfare, has placed a priority on eliminating cut through traffic and commercial traffic in
residential neighborhoods; and
WHEREAS, the Mini Warehouse of Kendall development application seeks to permit
commercial and commercial-related traffic into South Miami duplex and single-family
neighborhoods where it appears that the County required the owner to record a restrictive
covenant, a copy of which is attached, prohibiting any access to or from the Mini Warehouse site
to 84th Street by requiring a landscape barrier between it and the residential neighborhood to the
south.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The City of South Miami urges the Miami-Dade County Board of County
Commissioners to reject the request of Mini Warehouse of Kendall to allow it access to and from
SW 84th Street because it will encourage the intrusion of commercial and commercial-related
traffic in a stable duplex and single-family residential neighborhood.
Section 2. The City of South Miami City Commission respectfully requests that the
Miami-Dade County Board of County Commissioners condition the granting of the variance,
being requested by Mini Warehouse, on Mini Warehouse also applying for and obtaining a non-
use variance to allow non-connecting streets and "T" turn arounds within this part of the
Downtown Kendall Urban Center's Edge sub-district so that the existing street barricade
blocking ingress and egress from S.W. 67 Avenue onto S.W. 84 Street can be retained and
maintained.
Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 4. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
Page 2 of3
CLARA OESTERLE
~~~~~~
METROPOLITAN DADE COUNTY-FLORIDA
252 DADE COUNTY COURTHOUSE
MIAMI, FLORIDA 33130
V.!i~.tJ2.J...
375-512"3
April 10, 1985
Mr. & Mrs. Ronald Nuehring
6290 S. W. 86 Street
Miami, Florida
Dear Mr. & Mrs. Nuehring:
This letter is.in response to your signature on a petition I
recently received regarding the closing of S. W. 84 Street.
Staff has mon~tored and studied traffic operations along this
residential roadway for the past several months. Significant
through traffic flow has been observed resulting in volumes
greater than desired for this roadway type.
I am pleased to inform you that the Public Works Department has
issued work orders for a traffic operations change with the
installation of guardrails and appropriate·'signage to close S. w.
84 Street at its connection with S. W. 67 Avenue (Ludlam Road) .
The County Manager has advised.me this work should. be accomplished
within· 3 weeks •. In hopes this· action will improve the traffic
problems you ·have been experiencing in your neighborhood and
thanking you for sharing your concerns with me, I am,
CO/TK/ew
Sincerely,
Clara Oesterle
.County Commissioner
\36 \54 \40
Sec. Twp. Range
Pre-Application No.: Z2016P00309
Pre-Application eeti'R 'e't!J
ZONING HEARING APPLICATION
~/7-(J9
JUN 07 2017
M!AMI.!JAlJE COUNlY MIAMI-DADE COUNTY DEPARTMENT OF RtGUlP.TORY AN!) ECONOIYl!C
DEPARTMENT OF REGULATORY AND ECONOMIC RES w!~~'VELOP~.ENTkCES
LIST ALL FOLIO #5:.:3:.0-....:,:40=3::6--=°=:00=--0:.:7...:.9.::..0 _____________ _ Date Received
1. NAME OF APPUCANT (Owner(s) of record of the property or lessee. If applicant .is a lessee, an .execI:'ted
'Owner's Swom-to-Consenf and copy of a valid lease for 1 year or more is required. If the applicant IS a
corporation, trust, partnership, or like entity, a 'Disclosure of Interest' is required).
MINI WAREHOUSE OF KENDAL LTD
2. APPLICANT'S MAILING ADDRESS, TELEPHONE NUMBER, E-MAIL:
Mailing Address: 12200SW 117 AVE
City: MIAMI State: FLORIDA Zip: 33186
Phone# 305 232-7198 FaX# 305 232-7199 E-mail: hprendes@aplusmini.com
3. OWNER'S NAME, MAILING ADDRESS, TELEPHONE NUMBER:
Owner's Name (Provide name of ALL owners): MINI-WAREHOUSE OF KENDAL LTD
Mailing Address: 12200 SW 117 AVE
City: MIAMI State:._F_L ____ _ Zip: 33186
4. CONTACT PERSON'S INFORMATION:
Name: RICK D RUIZ, ASSOC AlA Company: MARRERO AND ASSOC. ARCHITECTS
Mailing Address: 3150 SW 15 STREET
City: MIAMI State: FLORIDA Zip: 33145
Phone# 305 -505-1975 FaX# NIA E-mail: rick@marreroandassociates.com --------
5. LEGAL DESCRIPTION OF ALL PROPERTY COVERED BY THE APPLICATION
(Provide completetegal description, i.e., lot, block, subdivision name, plat book & page number, or metes and
bounds. Include section, township, and range. If the application contains multiple rezoning requests, a legal
desCription for each requested zone must be provided. Attach separate sheets as needed and clearly label
(identify) each legal deSCription attached. lri addition to paper version it is requested that lengthy metes and
bounds descriptions be provided on CD in Microsoft Word.)
Beg 40ft E & 25ft N of SE Cor of the NW 1/4 of the SW 1/4 CONT N 333. 72ftE 289.4ft S 332.06ft W 289.5Oft to POB
6. ADDRESS OR LOCATION OF PROPERTY (For location, use description such as NE comer of, etc.)
8375 SW 67 Avenue Miami FI.
7. SIZE OF PROPERTY 289'-4" ft x 333'-9" -------ft (in acres): -:2_.2_2~a-:c::-::re-:-s_-:--:-__
(divide total sq. ft. by 43,560 to obtain acreage)
8. DATE property Iii acquired 0 leased: _N_/A_·_· _______ (month & year)
26
9. Lbase term: _N_/A _____ years
10. IS CONTIGUOUS PROPERTY OWNED BY THE SUBJECT PROPERTY 0\ VNER~~ eEl "-E D
noiil yesD If yes, provide complete legal description of said contiguous pr perty. U7-lsO
, , JUN O? 2017
I MIAMI-DADE COUNTY I O::AP,'mENI (iF REGIi! A1~,R" ,Y~ , I i"'1:5;~,t;;':'?::L~s~fi~;,~;hS~ 1C.:.
11. ~ there an option to purchase 0 or lease 0 the subject property or property contiguous thereto? no iii
res 0 (If yes, identify potential purchaser or lessee and comptete 'DiSclosure of Interest' fonn)
12.r;'RE$ENT ZONING CLASSIFICATION: BU1A --------------------------------------------
13. ~PLICATIONREQUESTS (Check all that apply and desenbe nature of the request in space provided)
o District Boundary (zone) Changes [Zone(s) requested]: _____________________ _
(Provide a separate legal description for each zone requested)
o Unusual Use: ---------------------------------------------------o UseVariance: ______________________________ _
o Non-Use Variance: _____________________________ _
o t AltemativeSite Development: Option: _______________________ _
o l Special Exception: '----------------~-------------------------------------Ii Modification of Previous Resolution/Plan:,_gg.,_229 __________________ _
01 Modification of Declaration ()r Covenant: ----------------------
14. ttas a public hearing been held on this property within the last year & a half? noli yesD.
If yes, provide applicant's name, date, purpose and result of hearing. and resolution number:
i
15. Is this application a result of a violation notice? no li yes O. If yes, give name to whom the violation
"otice was served: ________________ and describe the violation:
16. pescribe structures on theproperty:,_TW_O_BU_ILDI_NG_S..;,11...:..l4_S_TOR_IE_S..;,12...:..l TW_O_S_TO_Rl_E_S ___________ __
17. What is the project's P.M. peak hour trip generation? trips -Please list all of the (ITE) Institute Pt Transportation Engineers code(s) that were used in detenninlng the numbers of P.M. peak hour
~rips:
18. please indicate whether this property was subject to a recent Comprehensive Development Master Plan
~CDMP) amendment. If so, please indicate the ordinance #: ________________ _
19. Is there any existing use on the property? no 0 yes li. If yes, what use and when established?
Use: MINI STORAGE AND OFRCE RETAIL USE Year:_'988 ____ _
20. Do you require a translator for the actual hearing? Yes 0 No iii
If yes: Spanish 0 Haitian Creole 0 Other 0 (Please specify which language) ________ __
27
NAMEOFPURCHASER: ____________________________ _
NAME. ADDRESS AND OFFICE (if applicable)
f:
Oat, of contract: ___ '---______ _
f
Percentage of Interest
RECEI
74'1-1so
JUM B 7 2817
MIAMI.DADE COUNTY
If a~y contingency clause or contract terms involve additional parties, list all individuals or officers, if a
corporation, partnership or trust.
NOtiCE: For any changes of ownership or changes in purchase contracts after the date of the
i application, but prior to the date of final public hearing, a supplemental disclosure of interest is
required.
interest in ~}5al~lilca~~ ~ ~~r1 of ~ ~~~l;~. i~9<& o'?-'( {" f'b.(
Sig+ature.--I-_...;;...;. _______ -I-_...;~__ NV ~
(Applicant) (Print Applicant name) L--t:D
swo~ to and subscribed before me this l..1.!:: day of ,hJr£, 20 11 . Affiant is personally know to me or has
lLL; _~~~------------,as identification.
, . (Notary Public)
i·
My cfmmission expires: -L....j...!..-'I-A:::"';\-Seal
*Disblosure shall not be r uired of: 1) any entity, the, equity interests in which are regularly traded on an
es~blished securities market in the United States or another country; or 2) pension funds or pension
tru$ts of more than five thousand (5,000) ownership interests; or 3) any entity where ownership interests
are! held in a partnership, corporation or trust consisting of more than five thousand (5,000) separate
intEtests, including all interests at every level of ownership and where no one (1) person or entity holds
more than a total of five per cent (5%) of the ownership interest in the partnership, corporation or trust.
Entities whose ownership interests are held in a partnership, corporation, or trust consisting of more
than five thousand (5,000) separate interests, including all interests at every level of ownership, shall
only be required to disclose those ownership interest which exceed five (5) percent of the ownership
int~t in the partnership, corporation or trust.
28
ACKNOWLEDGEMENT BY APPLICANT
1. RER Platting and Traffic Review Section, RER Division of Environmental Resources Management (DERM),
and other County agencies review and critique zoning hearing applications which may affect the scheduling
and outcome of my hearing. These reviews may require additional hearings before DERM's Environmental
9uality Control Board (EQCB), or other County boards, and/or the proffering of agreements to be recorded. I
~m also aware that I must comply promptly with any DERM or Platting and Traffic conditions and advise this
Qffice in writing if my application will be withdrawn.
2. Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed to property
Owners up to a mile from the subject property and I am responsible for paying the additional radius mailing
costs. In addition to mailing costs, I am responsible for additional fees related to application changes, plan
revisions, deferrals, re-advertising, etc., that may be incurred. I understand that fees must be paid promptly.
Applications withdrawn within 60 days of the filing are eligible for a refund of 50% of the hearing fee but after
that time hearings withdrawn or returned will be ineligible for a refund. Refunds must be requested in writing.
3. I.'ppncabJe Florida Building Code requirements may affect my ability to obtain a building permit even if my
toning application is approved; and a building permit will probably be required. I am responsible for obtaining
~nyrequired permits and inspections for all structures and additions proposed, or built without permits. And
that a Certificate of Use (C.U.) must be obtained for the use of the property after it has been approved at
Zoning Hearing. Failure to obtain the required permits and/or C.U., Certificates of Completion (C.C.) or
Certificate of Occupancy (C.O.) will result in enforcement action against any occupant and owner. Submittal of
the Zoning Hearing application may not forestall enforcement action against the property.
4. The 3rd District Court of Appeal has ruled that zoning applications inconsistent with the Comprehensive
pevelopment Master Plan (CDMP) should not be approved by a zoning board and the recommendation will be
for denial or deferral. Therefore, I acknowledge that if the hearing request is inconsistent with the CDMP and I
~ecide to go forward then my hearing request can only be denied or deferred, but not approved. I also
~nderstand that I will not be reimbursed any fees paid unless I withdraw within 60 days of filing and then I will
lleCeive a 50% refund.
5. Any covenant to be proffered must be submitted to the Department on County forms, at least 1 month prior to
the hearing date. The covenant will be reviewed and the applicant will be notified if changes or corrections are
necessary. Once the covenant is acceptable, the applicant is responsible to submit the executed covenant with
a current 'Opinion of Title' within 1 week of the hearing. Legal Advisor can advise as to additional requirements
$pplicable to foreign corporations. Documents submitted to the Department must carry a cover letter indicating
subject matter, application number and hearing date. .
Sworn to and subscribed before me on the
( plicant's Signature) .l..&-Day of ::It ~ 11 . L, fJul\)fL
fi (Prin.t Name of AQPf~Qt).c;eS d e ttll Affiant is personally known to me or has produced ~(l\II\\ >Net rer 'U.). , L1 I) t. as identification.
My commission expires ttl \ I J,l
State of: F\cfi tkt
YPIIB-_ -nw:et~ ~-.-I-~-
!:) .... ~ •••• ~ C()MMIS8lOK'GGQIi"'''.IIL_~-:+-:--~_--:---------:-W.tlt EXPIR£S:~u0t6Notary Pu ic's Signature)
~-"'''''--1fo(fu Ml Mo.\!ec,
Print Name \
29
DISCLOSURE OF INTEREST*
If a CORPORATION owns or leases the subject property, list principal stockholders and percent of stock
own~d by each. [Note: Where principal officers or stockholders consist of other corporation(s), trust(s),
partnership(s) or other similar entities, further disclosure shall be made to identify the natural persons
having the ultimate ownership interest].
CORPORATION NAME: ______________________ _
NAME AND ADDRESS .--R~E-::::-=C--E-I V-E-D---' Percentage of Stock
7/ -
JUN 07 2017
MIAMi-DADE COUNTY DEPAR~J1:~~,~F ~Er,U!~!~~'~~Y ANr_ +-_______ _
n~H;:l "'\':;.~-:~Ji' ::.;' .. ':-:IV""';c:. "'---_._-
If a rRUST or ESTATE owns or leases the subject property, list the trust beneficiaries and the percent of
interest held by each. [Note: Where beneficiaries are other than natural persons, further disclosure shall
be made to identify the natural persons having the ultimate ownership interest].
TRUST/ESTATE NAME _____________ ~_
NAME AND ADDRESS Percentage of Interest
If a PARTNERSHIP owns or leases the subject property. list the principals including general and limited
partners. [Note: Where the partner(s) consist of another partnership(s), corporation(s), trust(s) or other
similar entities, further disclosure shall be made to identify the natural persons having the ultimate
ownership interest]. • J -~
PARTNERSHIP OR LIMITED PARTNERSHIP NAME: f'Alf)l N~~ of ~ l L.1D
. NAME AND ADDRESS J4C[lf;fiti; (?1d)SI;J l\7 A£ MIA-e,au L 0 L ldBtb~ \\7A.t Ate:
Percentage of Ownership cai •
t;;:u)' /-
If there is a CONTRACT FOR PURCHASE, by a Corporation, Trust or Partnership list purchasers below,
including principal officers, stockholders, beneficiaries or partners. [Note: Where principal officers,
stockholders, beneficiaries or partners consist of other corporations, trusts, partnerships or other similar
entities, further disclosure shall be made to identify natural persons having the ultimate ownership 30
interests].
APPLICANT'S AFFIDAVIT
The Undersigned, first being duly sworn depose that all answers to the questions in this application, and all supplementary
documents made a part of the application are honest and true to the best of (my)(our) knowledge and belief. (1)(We) understand
this application must be complete and accurate before the application can be submitted and the hearing advertised.
***********************************************************************************************************************************
OWNER OR TENANT AFFIDAVIT
(I)(WE), , being first duly sworn, depose and sa
that (I am )(we are) the 0 owner 0 tenant of the property described and which is the subj
Signature . Signa~IjN 0 7 2017
Swam to and subscribed tobefore me Notary Public: ' 1"\ I
this __ day of , ___ . Commission Expires: DEPARTi'.1ct-H 0F REC1U 1 ~TO~Y A E:CO,'l~ _ \; c: ~,f:S, )')!{(.E:;
*******.fr**************************************fr******************.***"*******************.**H ..... *** *t:***~~1J~ ~ C ;::oJ.r,';C: . ,----------
CORPORATION AFFIDAVIT
(I)(WE), , being first duly sworn, depose
and $8y that (I am)(we are) the 0 President 0 Vice-President 0 Secretary 0 Asst Secretary of the aforesaid corporation, and
as such, have been authoriZed by the corporation to file this application for public hearing; and that said corporation is the 0
owner 0 tenant of the property described herein and which is the subject matter of the proposed hearing.
Atte~: ____________________________________ ___
Authorized Signature
Office Held
(Corp. Seal)
Sworn to and subscribed to before me Notary Public:, _____________ _
this __ day of , ___ . Commission Expires:
***********************************~************tr.********.********.*********************** ... ***** .... ***'***** ...... ****.****.**************.******
J Le PARTNERSHIP AFFIDAVIT
(I)(WE), ( /JC \( on lff ~l.L bJi 1 ~E7 , being first duly sworn, depose and say
that (I am)(we are) partners of the aforesaiq,partnership, and as such, have been authorized to file this application for a public
hearing; and that said partnership is the ra" owner 0 tenant of the property described herein which is th subject matter of the
PropOsed@:~ 11 . J _ ~0 ~\liwlo.( ~CA.&" ~ ~ ndo.-!.L 10
By ~ -7{)/ By %
By % By %
Swqm. to and su~ to before me
thisU--dayof Jvee ,iL-.
************.****** •• *************&o1Ir********************************************************** .. *********ir****.*********************** '**********
ATTORNEY AFFIDAVIT
I, , being first duly sworn, depose and say that I am a State of Rorida Attorney at
Law, and I am the Attomey for the Owner of the property described and which is the subject matter of the proposed hearing.
Signature
Sworn to and subscribed to before me Notary Public:. ___________________________ _
this __ day of _____ , ___ . Commission Expires _____________ _
c
31
OWNERSHIP AFFIDAVIT
FOR . G
GORPORATION L-L RECEIVED
...-17 I 7,.(7 -!~
STATE OF r (ON Of' Public Hearing NO"---+ __ :-H:W6-\&-+--4WL-_
COUNTY OF (Yl 'CArn, 1"\ a D ~ MiAM\-OADE~ COUNJY AN[
b! DE;p~~~C:.Jr,f'f ~ F:U~ I~: 9.~y , fue a~~tffiu~~ pernonally appeared h~ ~e ~:n='~n~:!~'::
sworn by me, on oath. deposes and~Ys:
(rnen--be r-Po r ~<\~CJ \ I r .
1 . Affiant is the I9F.e8Ati~ce-sident or of the ~lieFl hereinafter named
, . \\ \Ala. fe.h()...J C'".5 cf \le nct<.tl . with the following address:
015 ~\ 07
2. The 6el"J'6FEHiefl owns the property which is the subject of the proposed hearing.
3. The subject property is legally described as:
~ qOt-f t (; U5FJ N of ~jC Cor aE .f.{v-.) ,tt u-\-.sw 1/4
Lv<tt 1'-1 3~: 72 F T l Ztrl A l fT .5 35L ,t.-1.ofJ. '
\f'J ~ .50 F-t h·1 ~1B
4. Affiant is legally authorized to file this application for public hearing.
5. Affiant understands this affidavit is subject to the penalties of law for pe~ury and the possibility of
voiding of any zoning granted at public hearing.
Witnesses:
Signature
Signat., i 8 ~Lt L't\. . r t( lIO "l
Print Affiant's Name
. ,'tb ../.'
Sworn to and subscribed before me on the ~ day of ...;;,]:;,.JI,4A.:...f"...I.P _____ 20 D-.
Affiant is personally known to me.Qr has produced --J1-~::.-:.-:.:.:.----_as identification
Notary _~--+------__ ----__
1i"~'"=-. ..
~ 1'.,# EXPR8;ffllt.2021
~o, Flo ... · 1!Gndac11Iw..,...Nalllys.tces
Commission Expires: _________ t:!.-\~'_+, ..:;:1:.....1\
(Stamp/Seal)
32
Miami-Dade County Department of Regulatory and Economic Resources
Staff Report to Board of County Commissioners
PH: Z17-150 May 3, 2018
Item No.3
. . > Recommendati()n Summary for Downtown Kendall Urb~nCenter(DKUC) .'
C.o.miJlissiQri District '.' 7
Appli¢~ijJ ••••. ........•...... Mini-Warehouse of KendaJl, LTD
Slimm~tY:pf . .....•....•.•..........• The applicant is requesting non-use variances of zoning regulations
~~q4~t~i>X and to delete past agreements in order to redevelop the property with a
. • ......•. mixed-use building in the Downtown Kendall Urban Center District
." •....•..•..... (DKUCD).
Lo¢~tir:)it·»i 8395 SW 67 Avenue, Miami-Dade County, Florida.
~1@rig=.zC:>ijing ...•....•.•...•..•.•.•..•• Downtown Kendall Urban Center (DKUC)
gp6Q±~9~.9qpIVlP: Metropolitan Urban Center
·a~~~!:g~i·· .. ··············<··
~~W:~~M~~t~"n.ecyiji; ~~~c~~s~eo~\:t~6n~e;:retative urban center text, goals, objectives and
Appl.ip~N~:Z()~i{lg\i. Section 33-310(1 ) (A) (iii) Modification or Elimination of Conditions and
<Co~.~~~f~i?n(S).\\ :~t~~~~t.ive Covenants Associated with Voluntarily Abandoned Zoning
'cijli<. • ..• !~~~~~~;8~~~:~v:li::e:P;:::::e:nd appeals to the Coun~
i.,: Section 33-311 (A)(4)(b) Non-Use Variances from Other than Airport
: . ..•...• Regulations
.... ....... (See attached Zoning recommendation Addendum)
Recpmmel'ldation ....•. Approval with conditions
REQUESTS:
(1) RESCISSION and REVOCATION of Resolution Z-220-87 passed and adopted by the
Board of County Commissioners, as further modified by Resolutions 4-ZAB-317-93,
passed and adopted by the Zoning Appeals Board and last modified by CZAB12-18-00,
passed and adopted by Community Zoning Appeals Board #12.
(2) DELETION of a Declaration of Restrictive Covenants recorded in Official Record Book
12143, Pages 438-441.
Th~ purpose of the Requests #1 & #2 is to delete previously approved resolutions and
agreements in order to redevelop the property under Downtown Kendall Urban Center
District regulations.
(3) NON-USE VARIANCE of setback requirements for building placement setbacks in the
Edge Sub-district "B" Street to permit 0' existing interior (north) side setback (8' required)
within the Downtown Kendall Urban Center District
(4) NON-USE VARIANCE to permit the maintenance and continued use of an existing
sewer lift station within the sidewalk area along SW 67 Avenue.
33
Miami-Dade County
Department of Regulatory and Economic Resources
Z17-150
Pagel2
Plans are on file and may be examined in the zoning Department entitled "A+ Mini Storage" as
prepared by Marrero and Associates, consisting of 9 sheets, dated stamped received 01/09/18,
landscape plans consisting of 2 sheets, dated stamped 2106118, for a total of 11 sheets. Plans
may be modified at public hearing.
NEIGHBORHOOD CHARACTERISTICS
Zoning and Existing Use Land Use Designation
Subject Property DKUC; storage facility Metropolitan Urban Center
North DKUC; shopping center Metropolitan Urban Center
South RU-2-Two Family Residential; Medium Density Residential (13
duplexes and single-family to 25 dua) and Low Density
residences Residential (2.5 to 6 dua)
East DKUC; multi-family residences Metropolitan Urban Center
West DKUC; shopping center Metropolitan Urban Center
PROPERTY HISTORY & DESCRIPTION:
The subject 2.21-acre subject property consists of an existing 4-story storage facility and is
located on the northeast corner of SW 84th Street and SW 67 th Avenue, within the boundaries of
the Downtown Kendall Urban Center's Edge SUb-district.
In 1987, a request for a special exception to permit a two-story self-storage facility on the then
BU-1A zoned subject property, was approved pursuant to Resolution Z-220-87. In 1993, the
property was again the subject of a public hearing that considered a two-story expansion that
generated variance requests of floor area ratio, lot coverage, and parking requirements in
combination with a use variance to permit truck and trailers in the BU-1A zone. A covenant
running with the land was also requested to be modified due to the expansion. All the requests,
including the modified covenant, were approved with conditions by Resolution 4-ZAB-317-93. In
1999, a second expansion consisting of two additional stories on top of the 1993 approved
storage building was proposed. This expansion required a variance of zoning regulations, which
included floor area ratio, to allow the requested building intensity increase. The covenant
running with the land was modified to provide an increase in height, changes to the landscape
and an additional building area restriction on the property. All variance requests and
modification of the covenant were approved with conditions pursuant to Resolution CZAB12-18-
00. Staff notes that at the time of the aforementioned hearing in 1999, the subject property
became part of a district boundary change and development standards application to allow
multiple properties in the. Dadeland area to be part of the Downtown Kendall Urban Center·
District. The zoning district and development standards were approved by the Board of County
Commissioners (Ordinance No. 99-166) on December 16, 1999. The DKUC District and
accompanying development standards allow the subject property to be developed as mixed-use
with a building height of seven (7) stories. Staff notes there is a barricade located on SW 84th
Street parallel to SW 67 th Avenue. Pursuant to the DKUC, all streets shall connect to other
34
Miami-Dade County
Department of Regulatory and Economic Resources
Z17-150
Page 13
streets and T-turnarounds are not permitted. Although the barricade exists today, the zoning
code requires the barricade removed when building in accordance with the DKUC provisions.
Pursuant to the site plan, the applicant indicates the removal of the barricade. It should be noted
that the barricade has been in existence for approximately 30 years; however, no official road
closure is evidenced. From a zoning perspective, in order to maintain the barricade, a Non-Use
Variance, to allow non-connecting streets and T-turnarounds should be requested.
NEIGHBORHOOD COMPATIBILITY:
The area surrounding the subject property consists of single-family residences and duplexes to
the south, multi-family to the east and commercial development to the north and west. In
addition, the subject property lies within close proximity to rapid transit serving the Urban
Center. The proposed development consists of two-story townhouses lining the existing two-
story portion of the storage facility facing south. Habitable space for office and retail is used to
line the two and four story portions of the existing storage facility facing west. Between the
existing two and four story storage buildings, a 7-story building with garage, office and additional
self-storage space is proposed. The proposed 7-story component of the development is setback
more than one-hundred feet from the low and low-medium density designated residential
neighborhood to the south as required by the DKUCD regulations. In staff's opinion, the
incorporation of the two-story townhouse liner on the south side of the storage facility is in
keeping with the character of the residential neighborhood to the south and the required setback
for the 7-story building provides a transition between what is allowed by the DKUC District and
the aforementioned single-family and duplex neighborhood. Providing retail and office on the
west side of the facility is also in harmony with existing retail to the north and west of the subject
property. Further, the adjoining properties to the north and east as well as properties to the west
are inside the DKUC District, and can be redeveloped with the same intensity and development
standards as the subject property. Once completed, the retrofit of the storage facility into a
mixed-use building will become part of the emerging Downtown Kendall Metropolitan Urban
Center with its corresponding high level of building intensity served by transit.
SUMMARY OF THE IMPACTS:
Retrofitting the existing storage facility with residences, retail, office and additional self-storage
space provides additional uses that serve the surrounding neighborhood. The building height, its
architectural massing, habitable space and glazed fenestration proposed by this application will
visually impact the neighborhood. However, retrofitting the existing storage facility with
residential, office will allow future residents on the property within a comfortable distance to
services and the building lines also reduce the negative visual impact of blank walls associated
with storage facilities. Traffic may visually impact the neighborhood but could be mitigated with
the nearby transit station. Regarding the impact on transportation facilities, the subject property
is located within a designated Metropolitan Urban Center and urban infill area, as provided in
the CDMP. The CDMP establishes urban centers primarily as transit-oriented, pedestrian-
.oriented hubs of urban development intensification around and along existing and proposed
premium transit facilities. In doing so, the CDMP acknowledges the deterioration of roadway
levels of service and the improyement of transit levels of service within these areas. This is also
furthered in the CDMP by exempting properties within the County's designated Urban Infill Area,
Redevelopment Concurrency Exception Areas and urban centers from the "concurrency"
requirement for transportation facilities. As noted, the subject property is located within close
35
Miami-Dade County
Department of Regulatory and Economic Resources
Z17-150
Page 14
proximity to the Dadeland North Metrorail Station; as such, the development supports and
facilitates existing transit facilities and mobility in the area.
As far as non-transportation County services, staff notes that the approval of the request will not
adversely impact the County's adopted Level of Service (LOS) standards. The memoranda from
the Division of Environmental Resources Management of the Department of Regulatory and
Economic Resources (RER), the Platting and Traffic Section (RER), the Water and Sewer
Department, and Miami-Dade Fire Rescue, indicate that the request will not generate or result in
excessive noise, cause undue or excessive burden on public facilities, including water, sewer,
solid waste disposal, recreation, or other such facilities which have been constructed or which
are planned and budgeted for construction.
COMPREHENSIVE DEVELOPMENT MASTER PLAN ANALYSIS:
The Comprehensive Development Master Plan (CDMP) Land Use Plan (LUP) map designates
the subject property as lying within a Metropolitan Urban Center (Downtown Kendall) and
inside the Urban Development Boundary (UDB). The CDMP text provides that urban centers
are intended to be moderate-to-high intensity design-unified areas that contain a concentration
of different urban functions integrated both horizontally and vertically. Locations of urban
centers and the mix and configuration of land uses within them are designed to encourage
convenient alternatives to travel by automobile, to provide more efficient land use than suburban
development forms, and to create identifiable centers. Given the high degree of accessibility as
well as other urban services, the provisions of the urban center text encourage the
intensification of development at these centers over time. These intensities may be
implemented in phases as necessary to conform with provisions of the CDMP pertaining to
additional land use, transportation and capital improvement policies.
The existing self-storage facility and its incorporation of additional uses, several stories of
building area, a parking garage, and architectural elements that enhance the aesthetics of the
development as required by the District, addresses the CDMP's policy of intensification over
time. The property will be efficiently developed by the introduction of various uses vertically and
in the same location, which provides a pedestrian alternative to reach the development by its
future residents. Staff notes that the residential component is in close proximity to convenient
transit modes and conversely, the development can also be reached by the same modes. In this
regard, the proposed self-storage facility and its retrofit into a mixed-use building adopting
elements of urban design in a manner that addresses public space, concealing parking in the
form of a parking garage, and incorporation of landscaping and street elements as required by
the DKUCD is consistent with the CDMP.
ZONING ANALYSIS:
The application consists of four requests: 1) to rescind and revoke adopted Resolution No. Z-
220-87; 2) delete a declaration of restrictive covenants in order to further develop the site under
the current DKUC guidelines; 3) obtain a non-use variance for building placement setbacks in
the Downtown Kendall Urban Center Edge Sub-District "B" Street; and 4) to allow the
maintenance and continued use of an existing sewer lift station.
The subject Declaration of Restrictive covenants recorded on May 9, 1984 was amended by
Resolution 4-ZAB-317-93 and further modified by Resolution CZAB12-18-00. The covenant
restricted the property to self-storage plans only, with a specified building area, number of cars
and limited rental of trucks and to exceed landscape requirements. Resolution Z-220-87, was 36
Miami-Dade County
Department of Regulatory and Economic Resources
Z17-150
Page 15
passed and adopted by the Board of County Commissioners on July 23, 1987, and
subsequently modified in 1993 and in 2000. The Resolution and modifications to such allowed
the applicant to build the self-storage facility and expand it. Additional modifications to the
Resolution permitted the self-storage facility with more height, changes to the landscape plan
and to provide a reduced showroom than previously approved, in addition to additional floor
area ratio and parking back out. Staff notes that approval of requests #1 and #2 are necessary
in order for the applicant to redevelop the property with a mixed-use building, including
expansion of the existing the storage facility in accordance with DKUC standards. In this regard,
staff recommends approval of the deletion of the covenant and the rescinding and revocation of
previous Resolution(s).
Request #3 consists of allowing the building to be placed at 0' setback along the interior (north)
property line where 8' is required by the DKUC standards. This request is necessary to allow an
existing portion of the proposed redevelopment to remain as. approved by previous
Resolution(s). Staff has no objection to the request as the 0' setback is an existing condition and
will allow the retrofit of the self-storage facility with a mixed-use building to come closer into
conformance with the DKUCD standards. Allowing the existing building to remain also allows
building space to be recycled and reduce to some extent the reliance on new construction
resources. Request #4 would permit the existing sewer lift station within the setback area along
the SW 67 th Avenue building frontage. Staff notes that the DKUCD standards prohibit utilities
above ground and within sidewalks and open spaces. However, said utility is necessary at this
location. The lift station was installed prior to adoption of the DKUCD standards and has and
continues to serve the surrounding residential neighborhood and its businesses. Staff notes that
requests #3 and #4, if granted, would not create an undue burden on surrounding properties,
provide additional services and fulfill the intent of urban center regulations.
In staff's opinion, the proposed development, which is: designed with the most intense portion
(7-stories) of the mixed-use building setback from single-family residences as required by
DKUCD regulations; incorporating townhouses across from other residential types to the south
of the subject property; introducing habitable space with glazing and architectural elements that
reduce the predominance of blank walls associated with storage facilities; and orients proposed
retail and office uses towards similar businesses to the north and west, is found to be in
harmony, and as such compatible with the surrounding area. Based on the analysis herein and
aforementioned memoranda, staff recommends approval with conditions of Requests #1
through #4.
ACCESS, CIRCULATION AND PARKING: None.
NEIGHBORHOOD SERVICES PROVIDER REVIEW: See attached
RECOMMENDATION: Approval with Conditions
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 no be limited thereto, location of structure or structures, types, sizes and location of
37
Miami-Dade County
Department of Regulatory and Economic Resources
Z17-1S0
Page 16
signs, light standards, off-street parking areas, 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 "A+ Mini Storage" by Marrero and Associates,
Architects and Planners, Inc., consisting of seven (7) site plan, floor plan, and building
elevation sheets, dated stamped received January 9, 2018; three (3) rendering sheets,
dated stamped received June 7, 2017; and two (2) landscape sheets dated stamped
received February 6, 2018; for a total of twelve (12) sheets.
3. That the use be established and maintained in accordance with the approved plan.
4. That the applicant submit to the Department for its review and approval a landscaping
plan which indicates the type and size of plant material prior to the issuance of a building
permit and to be installed prior to the issuance of a Certificate of Use.
5. That the applicant obtain a Certificate of Use from the Department, upon compliance
with all terms and conditions, the same subject to cancellation upon violation of any of
the conditions.
6. That the applicant comply with all applicable conditions and requirements of the Section
of Environmental Resources Management (DERM) of the Department of Regulatory and
Economic Resources in their memoranda dated November 2,2017.
7. That the applicant comply with all applicable conditions and requirements of the Platting
and Traffic Review Section of the Department of Regulatory and Economic Resources in
their memoranda dated October 31, 2107.
8. That in the event of multiple ownership, a homeowner's association, Special Taxing
District or Community Development District be established in accordance with applicable
regulations to assure that all common areas and facilities for use of all residents shall be
maintained in a continuous and satisfactory manner, and without expense to the general
taxpayer of Miami-Dade County. The instrument incorporating such provisions shall be
approved by the County Attorney as to form and legal sufficiency and shall be recorded
in the public records of Miami-Oade County.
9. That the applicant comply with all applicable conditions and requirements of the Miami-
Dade Fire Rescue Department in their memoranda dated October 16, 2017.·
10. That the proposed roof terrace lounge remain unenclosed except for stairwells, elevator
structures and restrooms.
NK:JB:AN:GB:MF
38
ZONING RECOMMENDATION ADDENDUM
Mini-Warehouse of Kendall, LTD.
Z17-150
NEIGHBORHOOD SERVICES PROVIDER COMMENTS
Division of Environmental Resource Management No objection
(RER)
Pfatting and Traffic Review Section (RER) No objection*
Parks, Recreation and Open Spaces No objection
Fire Rescue No objection
*Subject to conditions in memorandum.
COMPREHENSIVE DEVELOPMENT MASTER PLAN (CDMP) OBJECTIVES,
POLICIES AND INTERPRETATIVE TEXT
Land Use Element
Urban Centers
pg.I-45
Urban Centers
Diversified urban cehters are encouraged to become hubs for future urban development
intensification in Miami-Dade County, around which a more compact and efficient urban
structure will evolve. These Urban Centers are intended to be moderate-to high-intensity
design-unified areas which will contain a concentration of different urban functions integrated
both horizontally and vertical/y. Three scales of centers are planned: Regional, the largest,
notably the downtown Miami central business district; Metropolitan Centers such as the
evolving Dadeland area; and Community Centers which will serve localized areas. Such
centers shall be characterized by physical cohesiveness, direct accessibility by mass transit
service, and high quality urban design. Regional and Metropolitan Centers, as described
below, should also have convenient, preferably direct, connections to a nearby expressway or
major roadways to ensure a high level of countywide accessibility.
The locations of urban centers and the mix and configuration of land uses within them are
designed to encourage convenient alternatives to travel by automobile, to provide more
efficient land use than recent suburban development forms, and to create identifiable "town
centers" for Miami-Dade's diverse communities. These centers shaf{ be designed to create an
identity and a distinctive sense of place through unity of design and distinctively urban
architectural character of new developments within them.
The core of the centers should contain business, employment, civic, and/or high-or moderate-
density residential uses, with a variety of moderate-density housing types within walking
distance from the centers. Both large and small bUsinesses are encouraged in these centers,
but the Community Centers shall contain primarily moderate and smaller sized businesses
which serve, and draw from, the nearby community. Design of developments and roadways
within the centers will emphasize pedestrian activity, safety and comfori, as well as vehicular
movement. Transit and pedestrian mobility will be increased and areawide traffic will be
reduced in several ways: proximity of housing and retail uses will allow residents to walk or
bike for some daily trips; provision of jobs, personal services and retailing within walking
distance of transit will encourage transit use for commuting; and conveniently located retail
areas will accommodate necessary shopping during the moming or evening commute or lunch
hour.
Urban Centers are identified on the LUP map by circular symbols noting the three scales of
planned centers. The Plan map indicates both emerging and proposed centers. The
designation of an area as an urban center indicates that governmental agencies encourage
and support such development. The County wilf give special emphasis to providing a high level
of public mass transit service to a/l planned urban centers. Given the high degree of
accessibility as well as other urban services, the proviSions of this section encourage the
intensification of development at these centers over time. In addition to the Urban Center
39
ZONING RECOMMENDATION ADDENDUM
Mini-Warehouse of Kendall, LTD.
Z17-150
locations depicted on the Land Use Plan Map, all future rapid transit station sites and their
surroundings shall, at a minimum, be developed in accordance with the Community Center
policies established below. Separately
Policies for Development of Urban Centers
Following are policies for development of Urban Centers designated on the Land Use Plan
(LUP) map. Where the provisions of this section authorize land uses or development intensities
or densities different or greater than the underlying land use designation on the LUP map, the
more liberal provisions of this section shall govern. All development and redevelopment in
Urban Centers shall conform to the guidelines provided below.
Uses and Activities. Regional and Metropolitan Centers shall accommodate a concentration
and variety of uses and activities which will attract large numbers of both residents and visitors
while Community-scale Urban Centers will be planned and designed to seNe a more localized
community. Uses in Urban Centers may include retail trade, business, professional and
financial seNices, restaurants, hotels, institutional, recreational, cultural and entertainment
uses, moderate to high density residential uses, and well planned public spaces. Incorporation
of residential uses is encouraged, and may be approved, in all centers, except where
incompatible with airport or heavy industrial activities. Residential uses may be required in
areas of the County and along rapid transit lines where there exists much more commercial
development than residential development, and creation of employment opportunities will be
emphasized in areas of the County and along rapid transit lines where there is much more
residential development than employment opportunity. EmphaSis in design and development
of all centers and all of their individual components shall be to create active pedestrian
environments through high-quality design of public spaces as well as private buildings; human
scale appointmerits, activities and amenities at street level; and connectivity of places through
creation of a system of pedestrian linkages. Existing public water bodies shall also be
incorporated by design into the public spaces within the center.
Radius. The area developed as an urban center shall extend to a one-mile radius around the
core or central transit station of a Regional Urban Center deSignated on the LUP map.
Designated Metropolitan Urban Centers shall extend not less than one-quarter mile walking
distance from the core of the center or central transit stop(s) and may extend up to one-half
mile from such core or transit stops along major roads and pedestrian linkages. COmmunity
Centers shall have a radius of 700 to 1,800 feet but may be extended to a radius of one-half
mile where recommended in a professional area plan for the center, consistent with the
guidelines herein, which plan is approved by the Board of County Commissioners after an
advertised public hearing. Urban Center development shaJl not extend beyond the UDB.
Streets and Public Spaces. Urban Centers shall be developed in an urban form .with a street
system having open, ar;cessible and continuous qualities of the surrounding grid system, with
variation, to create community focal points and termination of vistas. The street system should
have frequent connections with surrounding streets and create blocks sized and shaped to
facilitate incremental building overtime, buildings fronting on streets and pedestrian pathways,
I and squares, parks and plazas defined by the buildings around them. The street system shall
be planned and designed to create public space that knits the site into the surrounding urban
fabric, connecting streets and creating rational, efficient pedestrian linkages. Streets shall be
designed for pedestrian mobility, interest, safety and comfort as well as vehicular mobility. The
size of blocks and network of streets and pedestrian accessways shall be designed so that
walking routes through the center and between destinations in the center are direct, and
distances are short. Emphasis shall be placed on sidewalks, with width and street-edge
landscaping increased where necessary to accommodate pedestrian volumes or to enhance
safety or comfort of pedestrians on sidewalks along any high-speed roadways. Crosswalks will
be provided, and all multi-lane roadways shall be fitted with protected pedestrian refuges in the
center median at all significant pedestrian crossings. In addition, streets shall be provided with
desirable street fumiture including benches, light fixtures and bus shelters. Open spaces such
as public squares and greens shall be established in urban centers to provide visual orientation
and a focus of social activity. They should be located next to public streets, residential areas,
and commercial uses, and should be established in these places during development and
redevelopment of streets and large parcels, particularly parcels 10 acres or larger. The 40
ZONING RECOMMENDATION ADDENDUM
Mini-Warehouse of Kendall, L TO.
Z17-150
percentage of site area for public open spaces, including squares, greens and 'pedestrian
promenades, shall be a minimum of 15 percent of gross development area. This public area
provided outdoor, at grade will be counted toward satisfaction of requirements for other
common open space. Some or all of this required open space may be provided off-site but
elsewhere within the subject urban center to the extent that it would better serve the quality
and functionality of the center.
Density and Intensity. The range of average floor area ratios (FARs) and the maximum
allowed residential densities of development within the Regional, Metropolitan and Community
Urban Centers are shown in the table below.
Average Floor Area Ratios (FAR)
Average Floor Area Ratios Max. Densities
(FAR) Dwellings per Gross Acre
Regional Activity Centers greater than 4.0 in the core 500
not less than 2.0 in the edge
Metropolitan Activity Centers greater than 3.0 in the core 250
not less than 0.75 in the
edge
Community Urban Centers greater than 1.5 in the core 125
not less than 0.5 in the edge
In addition, the densities and intensities of developments located within designated Community
Urban Centers and around rail rapid transit stations should not be lower than those provided
in Policy LU-7F. Height of buildings at the edge of Metropolitan Urban Centers adjoining stable
residential neighborhoods should taper to a height no more than 2 stories higher than the
adjacent residences, and one story higher at the edge of Community Urban Centers. However,
where the adjacent area is undergoing transition, heights at the edge of the Center may be
based on adopted comprehensive plans and zoning of the surrounding area. Densities of
residential uses shall be authorized as necessary for residential or mixed-use developments
in Urban Centers to conform to these intensity and height policies.
As noted previously in this section, urban centers are encouraged to intensify incrementally
over time. Accordingly, in planned future rapid transit corridors, these intensities may be
implemented in phases as necessary to conform with provisions of the Transportation Element,
and the concurrency management program in the Capital Improvement Element, while
ensuring achievement of the other land use and design requirements of this section and Policy
LU-7F.
PERTINENT ZONING REQUIREMENTS/STANDARDS
Section 33-
310(1 )(A)(iii)
Modification or
Elimination of
Conditions and
Restrictive
Covenants
Associated with
Voluntarily
Abandoned Zoning
Actions
The Director shalJ approve an application to modify or eliminate a condition or part thereof, or
a restrictive covenant or part thereof (except where the covenant requires a public hearing),
where it is demonstrated by the following that the condition, restrictive covenant orpart thereof
was imposed to mitigate the adverse impacts of a zoning action which has been entirely and
voluntarily abandoned, in that:
(A) the applicant has provided a sworn affidavit stating that the applicant has sufficient
title and authority to abandon the development rights under the zoning action for the
property for which the modification or elimination is sought, that the applicant intends to
abandon the zoning action and all rights thereunder, and that no material changes to the
character or use of the land have ever been undertalcen pursuant to the zoning action;
I
41
ZONING RECOMMENDATION ADDENDUM
Mini-Warehouse of Kendall, LTD.
Z17-150
(B) the development rights granted by the zoning action have been voluntarily abandoned
in wnting in a form approved by the Director;
(C) the zoning action which imposed or accepted the condition or restrictive covenant
was not a district boundary change; and
(D) abandonment of the zoning action will not cause the subject property to fail to comply
with any applicable provision of this Code or the Comprehensive Development Master
Plan.
I
Section 33-Applications to amend any Urban Cenier or Urban Area Distnct regulating plans, as provided
314(C)(7) Direct in Section 33-284.89.3 of this chapter, or for any zoning action for any property located within
applications and the Downtown Kendall Urban Center District or Palmer Lake Metropolitan Urban Center
appeals to the Distnct or to modify or delete declarations of restnctive covenants or conditions of zoning
County actions addressing property wholly located within the Downtown Kendall Urban Center
Commission District, as defined in Section 33-284.55 of this Code.
Section 33-284.62 Development parameters applicable to the DKUCD
Development
Parameters
33-311 (A){4)(b) Upon appeal or direct application in specific cases, the Board shall hear and grant applications
Non-Use Variances for non-use variances from the terms of the zoning and subdivision regulations and may grant
From Other Than a non-use variance upon a showing by the applicant that the non-use variance maintains the
Airport basic intent and purpose of the zoning, subdivision and other land use regulations, which is to
Regulations 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.
42
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makes ~he followln9 Declal1'll~iDI'I of Rea~ric~ive Co.venan~s ru.n~i:n9 ')
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",fitb the property. specifying that t.hLs Restriction, c5l1ri~n9 '1ta
lifet.i1:lle. alla1l be for 'the be'nefit o.f= and a ;Lilllit:.at.ion' uPon~a11'
~esent: and 'future owners of the' property and, for the public
, ,<f
welfer!_ -'
1. The t l;J1e proper ty was the 'sUbj ec~, of an application
. .. / ..... ~
before tl;te Metropo1itll[l 'r?ade county Board of County C,oJiuaissionera
under~he n~e of DOWNING S'tREET, LTD. for a, d;l.a~ri.;e· ~undary
change from RU-SA to BtI-1A, ,located at theNQrtheas,t, corner of
under S'~N. ' 67th Aven,Ue (Lud1.am Road, and. ,S .. ~th'
.------_-lI\P,p.Llcatio~ No .. ',81-35. " ~.s-.c..-------
St.:eet .. heard
c..' "\p'
county
.ntit:.led -A /iltore Building ·for Lindsley' Stores..:i:'t:\c •. and E._ 1'.
~,~ans ~rod,UClta Co.," prepar,!!d by W"!11 iam Hllmil ton Ar:~.hur/
Arobltl!!cts, 'dated FebruarY,1:3, 1.9-81., con~ .. in'in.g two ;Sheets.
3~ That in, the site deSign f9r the proposed developillent.,
t;he al'pl~cant agrees to ,adher'a to ~he foyo~ingl
A. The b,uildlng area "i'1.~l,-consLst: of ap~r,oximat;e1y
:n:.ooo square, fEiet: lfith~-R~ruOlc:U'l'-------.....
B. ,The 'c;>rily i/!'nt:'riea and
'fl11 be ,on: the. Wl!!8tet'ly aide (B.W-, 67,th Ali'
-.'
.om, ,t:he, PrOp'e~ty
" ",l,th 'nb openin91!i1
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Bo AWl!l~~ •. i11.. b. ·cdnat;.r-~t:.ed: on ·t~e. !!Ita"t ,aid.eof!
t:6e "'RIliI:)Pi!ii'ty to s"pal'.~e ·.~d~t~nq RU ..... · dev~loJiUllen~ fl;om ~h •
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r:e'1e'l[l •• d_ a. 'to any .pot:t:i0ll .o,l!· the;. 111AilJJJ co~e·rpd hereby. ~;y ~
~it:ten 'lna:~r;u*,ei1t: exeplJl:,ltCl,' bl!' the then' holder or ho1d4!l~a:: pf. the
~.e-B_linP1e· t,i't .. le tq tile taiids to be af.feeted bY Bu.cll IDOc1ilf'i;ca-. .
tl0il. alDe.ndnU!!nt:, -or cele.8.e •. ",l1:h ... tHe aPproval bY' reao1lJtion .. of·
01" s-eleaaed,· the Drr~ctor,. of th •.. ~ ~~;tropa1i.-tati pade-"Co\ln~y
. B.\iUdJ:ng arid :Zoni,ng Dap.4il: t:.'I1Iel. ~h~1~' ;~;~'~~~.;"~ . ~;~~ ~!;'rt . ~·~.~r:IJ~~nl:·
e f feAulit;.I,·n9 an" acknowl·edgiilg. '/lupb: lDodif·lcat:iOn. _en~~n-= ·9~
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45
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STATE 0,. MASSACHUSETTS
S5
COU/CTY O.F NORFOLK
The, f"oregof~9 Declaratfon of Restrictive Cove!!a'tlts Wirs Ilckoo",le.dged
bei'ore PIe this .;:7.3~...u...-day of Anrl1 , 1984, by ./'r',,~~ .s:-./4f.rk...l;. ,.
as ASH Sti!cr~..n,"Y [pi' Lindsley hie •• a Fio,:,fda,cori?O"atloFi,'
on beha1 t' of the corporation.
NOiai.YUb1 11;
-St'at'j! -oF Mil sse i</IU setts at Large.
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