Loading...
HomeMy WebLinkAboutZB ResoMiami Zoning Board Resolution No.: 2005-1062 Monday, September 12, 2005 Mr. Charles J. Flowers 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 EXCEPTION AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE LAFAYETTE SQUARE PROJECT (PHASE II), AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.6, TO PERMIT REDUCTION OF OFFSTREET PARKING REQUIREMENTS IN CONNECTION WITH HOUSING FOR LOW INCOME FAMILIES AND INDIVIDUALS IN AN AMOUNT NOT LESS THAN 1/2 OF THE SPACES GENERALLY REQUIRED, WHERE THE APPLICANT IS PROPOSING 161 SPACES, WHERE 283 ARE GENERALLY REQUIRED FOR THE PROPERTY LOCATED AT APPROXIMATELY 141 NORTHEAST 78TH STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL. THIS SPECIAL EXCEPTION WAS RECOMMENDED FOR APPROVAL TO THE CITY COMMISSION PER PLANS ON FILE WITH A TIME LIMITATION OF TWENTY-FOUR MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING 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, 2) THIS APPROVAL SHALL BE SUBJECT TO ALL ADDITIONAL CONDITIONS SPECIFIED IN THE FINAL DEVELOPMENT ORDER OF THE MAJOR USE SPECIAL PERMIT FOR THE PROJECT, 3) THE APPLICANT SHALL ENSURE THAT THE PARKING SPACES ARE PROVIDED TO THE RESIDENTS AT NO EXTRA CHARGE OR RENT TO ENSURE THAT THEY ARE UTILIZED AND THE VEHICLES DO NOT PARK ON THE ADJACENT STREETS UNTIL ALL SPACES IN THE GARAGE ARE USED AND 4) THE APPLICANT SHALL BUILD THE REMAINING SPACES AS ORIGINALLY APPROVED IN THE MUSP AT SUCH TIME THAT THE PROPOSED PROJECT EVER CONVERTS TO MARKET RATE HOUSING. Upon being seconded by Mr. Charles A. Garavaglia, 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, Ileana Hernandez -Acosta Away Ms. Chloe Keidaish Yes Mr. Carlos Martell Away Mr. Juvenal A. Pine Yes Mr. Angel Urquiola Away AYE: NAY: ABSTENTIONS: NO VOTES: ABSENT: Ms. Fernandez: Motion carries 6-0 6 0 0 0 3 Teresita L. Fernandez, Executive retary Hearing Boards Case No. 2005-1008 Item Nbr: 5 • EXHIBIT "A" vr YP -a .lon. a.= lithii vi di? ?eri.000 F :u1/.20 nh; `rra ; ..a floric/o eorp: r fion, :;i oted.:Decerr er_.14, 20, 2004, in Official Records Book 2292 3 at P0ge 294Z. -of -th . ={ u t c' $ 'eco ..County Florida, _ . • Zoning Board Action for Special Exception Motion: I move that the request on agenda item # 6 be (denied) granted) in that the requirements of Article 1E `(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 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. Sign re Agenda Item 9-12.--05 Date