HomeMy WebLinkAboutZB ResoMiami Zoning Board
Resolution Nos: 06-1182
Monday, May 22, 2006
Mr, Joseph H. Ganguzza 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 WITH
CONDITIONS TO THE CITY COMMISSION OF THE SPECIAL EXCEPTION AS PART
OF A MAJOR USE SPECIAL PERMIT FOR THE MIAMI RIVER RAPIDS 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, UNDER CONDITIONAL PRINCIPAL USES OF C-2 LIBERAL
COMMERCIAL (12), TO ALLOW THE CONSTRUCTION OF MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL STRUCTURES EQUAL TO R-3 OR HIGHER, FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 1851 DELAWARE PARKWAY AND
2990 NORTHWEST SOUTH RIVER DRIVE, LEGALLY DESCRIBED AS EXHIBIT "A"
(HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA;
ZONED R-1 SINGLE FAMILY RESIDENTIAL, 0 OFFICE AND C-2 LIBERAL
COMMERCIAL. THIS SPECIAL EXCEPTION WAS RECOMMENDED FOR APPROVAL
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
ADDITIONAL CONDITIONS AS SPECIFIED IN THE FINAL DEVELOPMENT ORDER
OF THE MAJOR USE SPECIAL PERMIT FOR THE PROJECT.
The following findings have been made:
• It is found that the subject of this Special Exception, specifically for the request to
allow for a multifamily residential structure of high density equal to R-4, for the
proposed project, is completely within the scope and character of the project given
that it is a mixed -use development at the northern boundary of the City limits near
NW 27th Avenue.
• It is found that the proposed layout provides adequate vehicular circulation.
• It is found that the applicant has been working with the Planning Department in
regards to the articulation of the facades; furthermore, paint color samples and
building materials have not been provided as part of this submittal.
• It is found that with respect to all additional criteria as specified in Section 1305 of
Zoning Ordinance 11000, the proposal has been reviewed and found to be
adequate.
File ID#: 06-00615x Z,4
Miami Zoning Board
Resolution No.: 06-1182
Monday, May 22, 2006
Upon being seconded by Ms. Chloe Keidaish;
the motion was passed and adopted by the following vote:
Mr, Ron Cordon Yes
Mr. Miguel Gabela Yes
Mr, Joseph H. Ganguzza Yes
Mr. Charles A. Garavaglia Yes
Ms. ileana Hernandez -Acosta Yes
Ms. Chloe Keidaish Yes
Mr. Carlos Martell Away
Mr. Juvenal A. Pina Yes
Mr. Angel Urquiola Away
AYE: 7
NAY: 0
ABSTENTIONS: €?
NO VOTES: 0
ABSENT: 2
Ms. Fernandez: Motion carries 7-0
Teresita L, Fernandez, Executive Secr'tary
Hearing Boards
File ID#: 06-00615x
Z.4
t xhibit to Special Exception)
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sorstrol cruel of 114010g +clrrl' for co OM .distance of 10124 foot
to . a t. of Miramar 5)thence i for d dbt e
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distance co .f#d foot the PCONT OP 1*NG.
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Foot aid/or 1.73 lksesl rtla►a ar lases
Zoning Board Action for Special Exception
Motion; ,LmavA that the request on agenda item # 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 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
'earby property.
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