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Miami Zoning Board
Resolution No.: ZB-R-09-0032
Monday, May 18, 2009
Ms. Ileana Hernandez -Acosta offered the following resolution and moved its
adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO,
11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY
COMMISSION OF THE SPECIAL EXCEPTION, REQUIRING CITY COMMISSION
APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, UNDER
CONDITIONAL PRINCIPAL USES(4) OF R-3 MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL, TO ALLOW HEALTH CLINICS IN THE R-3 DISTRICT, SUBJECT TO
ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 211, 217 & 229 NORTHWEST 15TH STREET AND 226
NORTHWEST 16TH STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY
ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL. THIS SPECIAL EXCEPTION WAS
RECOMMENDED FOR APPROVAL WITH A TIME LIMITATION OF TWELVE MONTHS
IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE
FOLLOWING CONDITION BY THE PLANNING DEPARTMENT: SIGN
SPECIFICATIONS SHALL BE SUBMITTED FOR REVIEW AND APPROVAL BY THE
PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT.
Upon being seconded by Mr. Angel Urquiola,
the motion was passed and adopted by the following vote:
Mr. Bret Berlin
Yes
Mr. Ron Cordon
Away
Mr. Charles A. Garavaglia
Yes
Ms. Ileana Hernandez -Acosta
Yes
Mr. Lazaro Lopez
Away
Mr. Juvenal A. Pina
Away
Mr. Cornelius Shiver
Yes
Mr. Richard Tapia
Away
Mr. Angel Urquiola
Yes
Mr. Miguel Gabela
Yes
AYE:
6
NAY:
0
ABSTENTIONS:
0
NO VOTES:
0
ABSENT:
4
Ms. Fernandez: Motion carries 6-0 r
s
Teresita L. Fernandez, Executive Secret ry
Hearing Boards
File ID#: 09-00393xc Z.4
Exhibit "A"
Legal Description
226 NW 16"' Street
Lot 4, Block 7, of ERICKSON ADDI"PION AMENDED, according to the Plat
thereof, as recorded in Plat Book B, Page 88, of the Public Records of Miami -
Dade County, Florida.
211 NW 151' Street
Lot 13 in Block 7, AMENDED MAP OF ERICKSON ADDITION TO THE
CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book B, at
Page 88, of the Public Records of Miami -Dade County, Florida;
217 NW 15"' Street
Lot 12 in Block 7, AMENDED MAP OF ERICKSON ADDITION TO THE
CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book B, at
Page 88, of the Public Records of Miami -Dade County, Florida;
229 NW 15t" Street
Lot 11 in Block 7, AMENDED MAP OF ERICKSON ADDITION TO THE
CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book B, at
Page 88, of the Public Records of Miami -Dade County, Florida;
MIAMI 1778780.1 7703630813
DRAFT 4/1/09
Zoning Board Action for Special Exception
Motion: m that the request on agenda item # b (denied)
(grante in that the requirements of Article 16 wer) (were not)
(gr,
by relevant evidence in the record of th publi hearing
a) as stated in the City's finds or fact, or
b) as demonstrated by the petitioner, or
c) on the basis of the following:
The Zoning Board, in its decision to (grant) ,(deny) the special exception, shall
make written findings that the applicable requirements of this zoning Ordinance,
Section 1305 (have) (have not) been met.
Circle appropriate condition(s):
1305.1 Ingress and Egress
Due consideration shall be given to adequacy of ingress and
egress to the property and structure and uses thereon, with
particular reference to automotive and pedestrian safety and
convenience, traffic flow and control and access in case of fire and
emergency.
1305.2 Otfstreet Parking and Loading
Due consideration shall be given to offstreet parking and loading
facilities as related to adjacent street, with particular reference to
automotive and pedestrian safety and convenience, internal traffic
flow and control, arrangement in relation to access in case of fire or
other emergency and screening and landscaping.
1305.3 Refuse and Service Ares
Due consideration shall be given to the location, scale, design and
screening of refuse and service areas to the manner in which
refuse is to be stored and to the manner and timing of refuse
collection and deliveries, shipments or other service activities, as
such matters relate to the location and nature of uses on adjoining
properties and to the location and character of adjoining public
ways.
1305.4 Signs and Lighting
Due consideration shall be given to the number, size, character,
location and orientation of proposed signs and of proposed lighting
for signs and premises, with particular reference to traffic safety,
glare and compatibility and harmony with adjoining and nearby
property and the character of the area.
1305.5 Utilities
Due consideration shall be given to utilities required, with particular
reference to availability and capacity of systems, location of
connections and potentially adverse appearance or other adverse
effects on adjoining and nearby property and the character of the
area.
1305.6 Drainage
Due consideration shall be given for drainage, with particular
reference to effect on adjoining and nearby properties and on
general drainage systems in the area. Where major drainage
volumes appear likely and capacity of available systems is found
marginal or inadequate, consideration shall be given to possibilities
for recharge of groundwater supply on the property, temporary
retention with gradual discharge, or other remedial measures.
1305.7 Preservation of Natural Features
Due consideration shall be given to provision for the preservation of
existing vegetation and geological features whenever possible.
1305.8 Control of Potentially Adverse Effects Generally
Signature
`-)
Agenda Item
In addition to consideration of detailed elements indicated above,
as appropriate to the particular class or kind of special permit and
the circumstances of the particular case, due consideration shall be
given to potentially adverse effects generally on adjoining and
nearby properties, the area, the neighborhood or the City of use or
occupancy as proposed, or its locations, construction, design,
character, scale or manner of operation. Where such potentially
adverse effects are found, consideration shall be given to special
remedial measures appropriate in the particular circumstances of
the case, including screening or buffering, landscaping, control of
manner or hours of operation, alteration of use of such space, or
such other measures as are required to assure that such potential
adverse effects will be eliminated or minimized to the maximum
extent reasonably feasible and that the use of occupancy will be
compatible and harmonious with other development in the area to a
degree which will avoid substantial depreciation of the value of
nearby property.
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