HomeMy WebLinkAboutOriginal ZB ResoMiami Zoning Board
Resolution No.: 09-0012
Monday, March 9, 2009
Mr. Angel Urquiola 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 A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION
APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 6, SECTION 612, SD -12
SPECIAL BUFFER OVERLAY DISTRICTS, CONDITIONAL ACCESSORY USES, TO
ALLOW A SURFACE PARKING LOT TO SERVE THE ABUTTING DISTRICT,
SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 550 NORTHWEST 42ND AVENUE AND 4227 NORTHWEST 5TH
STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-2 TWO FAMILY
RESIDENTIAL WITH AN SD -12 BUFFER OVERLAY DISTRICT. THIS SPECIAL
EXCEPTION WAS RECOMMENDED APPROVAL TO THE CITY COMMISSION WITH
THE FOLLOWING CONDITIONS BY THE PLANNING DEPARTMENT: 1) THE
APPLICANT SHALL PRESENT A UNITY TITLE FOR REVIEW AND APPROVAL BY
THE LAW DEAPRTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT. 2)
A LANDSCAPE PLAN WITH IRRIGATION AND ILLUNINATION DETAILS OF THE
NEW SURFACE PARKING AREA, INCLUDING LANDSCAPE BUFFERING OF THE
PARKING USE FROM ABUTTING RESIDENTIAL AREA FOR REVIEW AND
APPROVAL BY THE PLANNING DIRECTOR PRIOR TO THE ISSUANCE OF ANY
BUILDING PERMIT.
Upon being seconded by Ms. Ileana Hernandez -Acosta,
the motion was passed and adopted by the following vote:
Mr. Bret Berlin
Away
Mr. Ron Cordon
Yes
Mr. Charles A. Garavaglia
Yes
Ms. Ileana Hernandez -Acosta
Yes
Mr. Lazaro Lopez
Away
Mr. Juvenal A. Pina
Yes
Mr. Cornelius Shiver
Yes
Mr. Richard Tapia
Yes
Mr. Angel Urquiola
Yes
AYE:
7
NAY:
0
ABSTENTIONS:
0
NO VOTES:
0
ABSENT:
2
Ms. Fernandez: Motion carries 7-0
Teresita L. Fernandez, Executive Secr tary
Hearing Boards
File ID#: 09-00029xc Z.5
Exhibit "A"
Legal Description for Special Exception
Lots 5, 6, 7, 8, 10, and Lot 9 less the East 15 feet thereof, Block 2, GOLF
COURSE PARK, according to the Plat thereof, as recorded in Plat Book
43 at Page 3 of the Public Records of Miami -Dade County, Florida.
Rev. 09.04-07 4
Zoning Board Action for Special Exception
Motion: I move that the request on agenda item # 5 be (denied)
((granted))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.
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 ofuseof 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.
Signatidre 4Pint
Name
Agenda Item
Date