HomeMy WebLinkAboutZB ResoMiami Zoning Board
Resolution No.: 2003-0800
Monday, December 15, 2003
Mr. Angel Urquiola offered the following resolution and moved its adoption
Resolution;
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO.
11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF
THE SPECIAL EXCEPTIONS AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE
TUSCAN PLACE PROJECT, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, TO ALLOW A MULTIFAMILY RESIDENTIAL STRUCTURE OF
HIGH DENSITY EQUAL TO R-4 IN THE C-2 LIBERAL COMMERCIAL DISTRICT AND ARTICLE
9, SECTION 917.7.2, TO ALLOW A REDUCTION IN PARKING REQUIREMENTS FOR A
MULTIFAMILY RESIDENTIAL DEVELOPMENT WHEN LOCATED IN COMMUNITY
REVITALIZATION DISTRICTS (CRD) FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 501 NORTHWEST 7TH AVENUE, 600, 658 AND 670 NORTHWEST 6TH
STREET, 621, 625, 635, 637 AND 647 NORTHWEST 5TH STREET, LEGALLY DESCRIBED AS
EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA; ZONED C-2 LIBERAL COMMERCIAL, THESE SPECIAL EXCEPTIONS WERE
GRANTED WITH A TIME LIMITATION OF TWENTY-FOUR MONTHS IN WHICH A BUILDING
PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS BY THE
PLANNING AND ZONING DEPARTMENT: 1) THE APPLICANT SHALL PRESENT FINAL
DESIGN DETAILS ON THE FACADES, INCLUDING COLOR, SIGNS AND MATERIALS FOR
REVIEW AND APPROVAL BY THE PLANNING DIRECTOR PRIOR TO THE ISSUANCE OF A
BUILDING PERMIT AND 2) THIS APPROVAL SHALL BE SUBJECT TO ALL ADDITIONAL
CONDITIONS AS SPECIFIED IN THE FINAL DEVELOPMENT ORDER OF THE MAJOR USE
SPECIAL PERMIT FOR THE PROJECT.
Upon being seconded by Mr. Charles J. Flowers,
the motion was passed and adopted by the following vote:
Mr. Charles J. Flowers
Yes
Mr. Miguel Gabela
Yes
Mr. Joseph H. Ganguzza
Abst
Mr. Charles A. Garavaglia
Yes
Ms. Meana Hernandez -Acosta
Yes
Mr. Carlos Martell
Yes
Mr. Juvenal A. Pina
No
Mr. Allan Shulman
Yes
Mr. Angel Urquiola
Yes
Mr. Georges William
Yes
AYE:
8
NAY:
1
ABSTENTIONS:
1
NO VOTES:
€3
ABSENT:
6
Ms. Fernandez: Motion carries 8-1 �1
Teresita L. Fernandez, Executive Seer6tary
Hearing Boards
Case No. 2003-0741 - Item Nbr: 5
EXHIBIT W
Legal Description for Entire Parcel
LEGAL DESCRIPTION:
lots
1, 2. 3, 4, . 51, Fa,
7, S. 9. 1Q, and the
all of
Northerly 100 feet of
1 S 1.. 2D n=
Lots ' 7, Q. �
Lots 11 and 12, LESS
the
Westerly 7.5 feet
feet said Lots
of Lot 12 and
dedicated of records
for street and/or
;
22, LESS , the Southerly
10 of
in Block 70 North, City of Mlomi, osrc:arding
tv the Plot the
1A?**
Sidewalk purposes; cell
Plot Book
"B"
Page 41, of the
Public Records of Dade County, Florida,'a,
recorded in
containg 121,b82 Sq. rt oc +.
Together with:
The South 50 feet of Lois 11 and 12 and ail of the Lots 1.:+ and 14, Block 7-0. NORTH 0 :
THE CITY OF MIAMI, FLORIDA accordinq to the map and plot of said City made by
A.L. Knowlton, as recorded in the Plat Book B, Page 41, 4f the Public Records Dade of
County, Florida. less the deeded to the city for street purposes by deed. dated .lune 18.
1924, recorded in Deed Book No. 432, Page 254 of the public Records of Dade County,
Florida, which property ;s also knowr and described as Lots 1 through 10,• inclusive, and
SQUARE, according to the Pleat thereon reco9 8
edos
Alley and Areaways of ADRIANCE c
PIG, 15, at Poge 14, of the public Record= of Dade County, 'Florida, containing
ft. 0.45 acres more or less.
AND
Lai 21, less the Sau�t#`�eryy 143 feet of said lot dedicated of record for the street and/or
sidewalk purposes, in Block 70 NORTH, C1T�t OF IsYIIAMt, according to the via# thereof,
as recorded in Plat Book "B". at Poge 41, a# the Pub4ic Records of Miami—Dade
County, Florida.
N
Zoning Board Action for Special Exception
Motion: I move that the request on agenda item # 5 be (denied)
ranted . 'n 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):
1305.9 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.
9305.2 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 com )atibiiity 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 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.
1 7
w
Signatore�
Agenda Item
/I /_11
C � � Zle�411C/�
"Print Name
Date
12- 157-63