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HomeMy WebLinkAboutZB Special Exception Reso�CYTY op. Z * unu nun <O RSO Miami Zoning Board Resolution No.: ZB-R-09-0074 Monday, November 9, 2009 Mr. Miguel Gabela 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 WITH CONDITIONS OF THE SPECIAL EXCEPTIONS AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE VILLAGE CARVER PROJECT, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, CONDITIONAL PRINCIPAL USES OF "C-2" LIBERAL COMMERCIAL (12), TO ALLOW THE CONSTRUCTION OF MULTIFAMILY RESIDENTIAL STRUCTURES OF A DENSITY EQUAL TO "R-3" OR HIGHER, IN THIS CASE "R-4", AND ARTICLE 9, SECTION 917.8, TO ALLOW A DEFERRAL OF TOTAL REQUIRED PARKING IMPROVEMENTS FOR PHASE I CURRENTLY UNDER CONSTRUCTION WITH BUILDING PERMIT NO. B085007344, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 401 NORTHWEST 71ST STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED "C-2" LIBERAL COMMERCIAL; SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING DEPARTMENT AS DESCRIBED IN EXHIBIT "B". Upon being seconded by Mr. Richard Tapia, 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 Yes Mr. Juvenal A. Pina Yes Mr. Cornelius Shiver Away Mr. Richard Tapia Yes Mr. Angel Urquiola Away Mr. Miguel Gabela Yes AYE: NAY: ABSTENTIONS NO VOTES: ABSENT: Motion carries 7-0. Anodriguez Hea ing Boards File ID#: 06-00415x3 Z.4 Exhibit "A" TRACT A, YMCA CARVER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 167, PAGE 47, OF THE PUBLIC RECORDS OF MIAWDADE COUNTY, FLORIDA. EXHIBIT "B" 06-00415x3 Based on these findings, the Planning Department is recommending approval of the requested Mixed -Use Residential Development Project. with the following conditions; 1. The applicant shall comply with the conditions addressed by the internal Design Review Committee, specifically: • Provide material sample or precedent photograph for the proposed screen of the parking garage openings for review and approval prior to the issuance of a building permit. • Provide screen of the top level of the parking garage with landscaping or architectural treatment. • Provide a covered. path from the residential tower to the parking garage. • Provide a complete landscape plan showing all specification for the proposed species and locations for review and approval by the PIanning Department prior to the issuance of a building permit. • The .pedestrian .sidewalk along NW 71th Street shall remain at a consistent height throughout. 2. This approval shall be subject to all additional conditions specified in the final development order of the substantial modification of the Major Use Special Permit. Zoning Board Action for Special Exception Motion: I move that the request on agenda item # Z.4 be (denied) rg ante � in that the requirements of Article 16 (were) (were not) satisfied by relevant evidence in the record of the public 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 Offstreet 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. F 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 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. 6—*1,3 �31A Print Name Date 11-09-0