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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"
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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