HomeMy WebLinkAboutMay 23, 2005 ZB ResoMiami Zoning Board
Resolution No.: 2005-1033
Monday, May 23, 2005
Mr. Joseph H. Ganguzza 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 AS PART OF A SUBSTANTIAL MODIFICATION TO A MAJOR USE
SPECIAL PERMIT APPLICATION FOR THE CENTURY PLAZA 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 PERMIT
MULTIFAMILY RESIDENTIAL OF A DENSITY EQUAL TO R-3 OR HIGHER FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 850 LEJEUNE ROAD AND 865 NORTHWEST
43R0 AVENUE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-2 LIBERAL COMMERCIAL. THIS
SPECIAL EXCEPTION WAS RECOMMENDED APPROVAL TO THE CITY COMMISSION WITH
A TIME LIMITATION OF TWENTY-FOUR MONTHS IN WHICH A BUILDING PERMIT MUST BE
OBTAINED, SUBJECT TO THE FOLLOWING CONDITION BY THE PLANNING DEPARTMENT:
THIS APPROVAL SHALL BE SUBJECT TO ALL CONDITIONS SPECIFIED IN THE FINAL
DEVELOPMENT ORDER FOR THE PROJECT.
Upon being seconded by Mr. Georges William,
the motion was passed and adopted by the following vote:
Mr. Charles J. Flowers Yes
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza Yes
Mr. Charles A. Garavaglia Yes
Ms. lleana Hernandez -Acosta Yes
Ms. Chloe Keidaish Yes
Mr. Carlos Martell Away
Mr. Juvenal A. Pina Yes
Mr. Angel Urquiola Away
Mr. Georges William Yes
AYE: 8
NAY: 0
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 2
Ms. Fernandez: Motion carries 8-0
Teresita L.. Fernandez, executive Sec
Hearing Boards
Case No. 2005-0986
Item Nbr:
11
•
or
•
Exhibit "A"
Legal Description
850 N.W. LeJeune Road (N.W. 42nd Avenue), Miami, Florida
Folio No.: 01-3132-000-0010
A portion of the S.W. 1/4 of Section 32, Township 53 South, Range 41 East, Miami -Dade County,
Florida, being more particularly described as follows:
COMMENCE at the intersection of the centerlines of N.W. 7th Street, and N.W. 43'd Avenue, said
point of intersection being also the S.W. comer of the East 1/2 of the S.E. 1/4 of the S.W. 1/4 of said
Section 32, and run N. 0°46'59" W along the west line of the E 1/2 of the S.E. 1/4 of the S.W. 1/4 of
said section 32 (said line being also the aforementioned centerline of N.W. 43`4 Ave.) for 675.53
feet; thence proceed N. 89°36'41" E. along the North line of the S.E. 1/4 of the S.E. 1/4 of the S.W.
1/4 of said section 32 for 25 feet to a concrete monument, being the point of beginning, thence
continue N. 89°36'41" E. along the North line of the S.E. 1/4 of the S.E. 1/4 of the S.W. 1/4 of said
section 32 for 300 feet, to a concrete monument, thence run S. 0°46'59" E., parallel with the West
line of the S.E. 1/4 of the S.E. 1/4 of the S.W. 1/4 of said section 32, for 200 feet, to a concrete
monument, thence S. 89°36'41" W., 200 feet South of and parallel with the North line of the S.E.
1/4 of the S.E. 1/4 of the S.W. 1/4 of said section 32, for 300 feet, to a concrete monument, thence
N. 0°46'59" W. along a line 25 feet East of and parallel with the West line of the E. 1/2 of the S.E.
1/4 of the S.W. 1/4 of said Section 32, for 200 feet, to the point of beginning, said parcel lying and
being in the City of Miami, Miami -Dade County, Florida. Bearings are based on an assumed
meridian.
-AND-
865 N.W. 43rd Avenue, Miami, Florida
Folio No.: 01-3132-000-0011
The North 1/2 of the S.E. 1/4 of the S.E. 1/4 of the S.W. 1/4 of Section 32, Township 53 South,
Range 41 East, Miami -Dade County, Florida, less the North 200.0 feet of the West 325.0 feet, said
distances being measured along the North and West lines thereof, and less the South 11.70 feet, and
less the East 50.0 feet for Northwest 42nd Avenue right-of-way, and less the West 25.0 feet for
Northwest 43" Avenue right-of-way.
Zoning Board Action for Special Exception
Motion: I move that the request on agenda item # be (denied)
( in that the requirements of Article 16 (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 1 305 (have) (have not) been met.
Circle appropriate conditions):
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 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
ent reasonably feasible and that the use of occupancy will be
compatible and harmonious with other development in the area to a
egree which will avoid substantial depreciation of the value of
,,,Aleatby property.
Signat
Agenda" Itep
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